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Effective Date: May 25, 2018

COMMAFUL Privacy Policy

This Privacy Policy (“Policy”) describes how UsePencil, Inc. and its affiliates (“Company” or “we” or “our” or "Commaful" or "Spellbound" or "Commaful Platform") treat information collected or provided in connection with an end user’s (“you” or “your or “user”) use of the services provided via our website at www.commaful.com (the “Service”). Please note that your use of the Service constitutes your acceptance of this Policy as set forth below:
  1. Effective Date; Changes. This Policy applies to all information collected by or provided to us in connection with the Service. When we make any material changes to this Policy, we will change the Effective Date above and will inform you by e-mail sent to the address associated with your Service account and/or through the Service the next time you login. We will treat your continued use of the Service following such notice as your acceptance of the changes.
  2. Third Parties. The Service may contain, and we may send to registered users, offers from third parties or links to third-party websites. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request that such third parties provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.
  3. Collected Information.
    Information You Submit. When you use the Service, we collect the information you provide in any applicable form. This information includes personally identifiable information such as (to the extent applicable) your e-mail address and name. When we refer to “personally identifiable information” in this Policy, we mean information that we can directly associate with a specific person or entity without additional information. To the extent you decline to share certain personally identifiable information with us, we may not be able to provide some or all of the features and functionalities found on the Service.
    Information Collected Automatically. When you use the Service, we automatically gather certain non-personally identifiable information from you. This includes usage information, such as information on when, how often and for how long you use the Service and the content you submit and view. As described below, we collect this information through several means, including server logs, cookies and other online tracking mechanisms. We may associate such non-personally identifiable information with the personally identifiable information that you provide in connection with the Service. But if we do so, we will treat the combined information as personally identifiable information.
    Account and Profile Information. When you create an account and profile on the Commaful Platform, we collect your name, contact information, and other information you provide, such as topics that you know about or find interesting. Your name, photo, and any other information that you choose to add to your public-facing profile will be available for viewing to users of the Commaful Platform. Once you create a profile, other users will be able to see in your profile certain information about your activity on the Commaful Platform, such as the questions and answers you post, your followers and who you follow, topics of interest to you, the information you list as credentials, and your edits to Your Content. For more information about your choices for publicly displayed information, see the section below about Your Choices.
    Your Content We collect and store the information and content that you post to the Commaful Platform, including your questions, answers, photos, and comments. Unless you have posted certain content anonymously, Your Content, date and time stamps, and all associated comments are publicly viewable on the Commaful Platform, along with your name. This also may be indexed by search engines and be republished elsewhere on the Internet in accordance with our Terms of Service. For more information about what you can change, see the below section on Your Choices.
    Communications. When you communicate with us (via email, phone, through the Commaful Platform, or otherwise), we may maintain a record of your communication.
    Integrated Service Provider and Linked Networks. You can elect to sign in or sign up to the Commaful Platform through a linked network (i.e.Facebook or Twitter), and you can connect your existing Commaful account with certain third party networks like Facebook, Twitter (each a “Linked Network”). If you elect to sign up through or connect a Linked Network, we receive certain profile and account information about you from the Linked Network. These Linked Networks may also appear in your profile, so that people can find you on these Linked Networks. The specific information provided to us by Linked Networks is determined by these third parties and may vary by network. In all cases, the permissions page for the Linked Network will describe the information being shared. You should consult their respective privacy policies for information about their practices. You may elect to use information from the Linked Network to populate your profile on the Commaful Platform and help you find and follow your contacts on the Commaful Platform. For information on your choices, including how to disconnect a Linked Network from your Commaful profile, see the “Your Choices” section below. You may also elect to connect and make and receive payments to and from use through third party networks (“Integrated Service Provider”); if you do so, you will be allowing us to pass to and receive from the Integrated Service Provider your login information and other user data for payment purposes.
    Automatically Collected Information About Your Activity. We use cookies, log files, pixel tags, local storage objects, and other tracking technologies to automatically collect information about your activities, such as your searches, page views, date and time of your visit, and other information about your use of the Commaful Platform. We also collect and may store information that your computer or mobile device provides to us in connection with your use of the Commaful Platform such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs. We also receive information when you view content on or otherwise interact with the Commaful Platform, even if you have not created an account. For more information, see the “Cookies, Pixels and Tracking” section below and our Cookie Policy.
    Engagement. We collect browsing information – such as IP address and location, date and time stamp, user agent, Commaful cookie ID (if applicable), URL, unique advertising or content identifiers (if applicable) and time zone, and other information about user activities on the Commaful Platform, as well as on third party sites and services that have embedded our Commaful pixels (“Pixels”), widgets, plug-ins, buttons, or related services. See the section below about Commaful Ads and Personalization for more detailed information about how our Pixels may be used by publishers or users of our advertising services (“Ad Services”) on the Commaful Platform to enable personalization, as well as your choices related to advertising and personalization. We may also receive information about you from third parties, such as other users, partners (including ad partners), or our affiliated companies.
    Analytics Services. We use certain third party services to assist us in analysis, auditing, research, and reporting regarding the Site. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, we may use Google Analytics (opt-out link: https://tools.google.com/dlpage/gaoptout), Mixpanel (opt-out link: https://mixpanel.com/optout/), HotJar (opt-out link: https://www.hotjar.com/opt-out), Amplitude and/or other similar services to help collect and analyze certain information for the purposes discussed in this Policy.
  4. Use of Information.
    We do not sell your personal data – such as your name and contact information – to third parties to use for their own marketing purposes. Commaful uses the information we collect for the following purposes:
    • We will use submitted information for the purposes for which you provided the information, including, for example, to respond to a question that you e-mail to us. We also use submitted information and collected information as necessary to provide the features and functionality of the Service to you.
    • We may send you e-mails regarding updates or modifications to the Service.
    • We may send you marketing and promotional emails with respect to our products and services (to the extent you do not opt out of such emails).
    • We may analyze collected information relating to your use of the Service in order to help us improve the Service and develop and improve other products and services.
    • We may use submitted information and collected information to help troubleshoot problems, provide you with required notices, enforce our Terms of Service or to alert you to changes in our policies or agreements that may affect your use of the Service.
    • We may combine personally identifiable information collected through the Service with other information that we collect about you in other contexts—such as our communications with you via e-mail, phone or postal mail. We will handle such combined information in accordance with this Policy.
    • We may combine personally identifiable information collected through the Service with other information that we collect about you in other contexts—such as our communications with you via e-mail, phone or postal mail. We will handle such combined information in accordance with this Policy.
    • To tailor the content and information that we may send or display to you in the Commaful Platform, to suggest followers and content, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Commaful Platform.
    • To gather metrics to better understand how users access and use the Commaful Platform; to evaluate and improve the Commaful Platform, including the Ad Services and personalization, and to develop new products and services.
    • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
    • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.
  5. Disclosure of Information.
    We disclose the personally identifiable and non-personally identifiable information that we collect about you as follows:
    • We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its usage patterns.
    • The Company uses contractors and third-party service providers to provide the Service to our users and to help us provide services in connection with the Service. Such third parties may receive information from us for use for such purposes.
    • We may report aggregated, de-identified data relating to activity on this Service to third parties or the general public. We may combine such data with data obtained from third-party sources in order to generate such reports.
    • We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so; to investigate, prevent, or take action regarding illegal activities, suspected fraud, or violations of our terms and conditions; or in other circumstances where we believe is necessary to protect the rights or property of Company, our users, and third parties.
    • We may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event.
    • We may disclose your information if we are required to do so by law.
    • We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of Commaful, its users, or others.
    • Your Content, including your name, profile picture, profile information, and certain associated activity information is available to other users of the Commaful Platform and may be viewed publicly. Public viewing includes availability to non-registered visitors and can occur when users share Your Content across other sites or services. In addition, Your Content may be indexed by search engines. See the section below about Your Choices for information about how you may change how certain information is shared or viewed by others.
  6. Cookies, Pixels and Tracking
    We and our third party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on the Commaful Platform and across third party sites or online services. We may combine this information with other information we collect about users. Below, we provide a brief summary these activities.
    • Cookies. These are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember users who are logged in, to understand how users navigate through and use the Commaful Platform, and to display personalized content and targeted ads (including on third party sites and applications).
    • Pixels, web beacons, clear GIFs. These are tiny graphics with a unique identifier, similar in function to cookies, which we use to track the online movements of users of the Commaful Platform and the web pages of users of our Ad Services, and to personalize content. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications.
    • Analytics Tools. We may use internal and third party analytics tools, including Google Analytics. The third party analytics companies we work with may combine the information collected with other information they have independently collected from other websites and/or other online products and services. Their collection and use of information is subject to their own privacy policies.
  7. How We Protect Your Information The security of your information is important to us. Commaful has implemented safeguards to protect the information we collect. However, no website or Internet transmission is completely secure. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when finished using the Commaful Platform on a shared or unsecured device.
  8. Access and Amend Your Information You may update or correct your account information at any time by logging in to your account. You may also make a number of other adjustments to settings or the display of information about you as described in more detail in the following section about Your Choices.
  9. Viewing, Amending and Deleting Information. To delete all data associated with your account, please e-mail us at admin@commaful.com. Please note that while changes to your profile information are reflected promptly in active user databases, our servers may retain previously provided information for a short period of time. You may also make a number of other adjustments to settings or the display of information about you as described in more detail in the following section about Your Choices.
  10. Choices Regarding Third-Party Offers. To the extent we send you commercial e-mails regarding third-party marketing or promotional materials, we will give you the ability to opt-out of receiving such e-mails in accordance with applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
  11. Your Choices
    You may, of course, decline to submit information through the Commaful Platform, in which case we may not be able to provide certain services to you. You may also control the types of notifications and communications we send, limit the information shared within the Commaful Platform about you, and otherwise amend certain privacy settings. Here is some further information about some of your choices:
    • Your Content. You may edit or delete the stories that you post at any time. Any deleted content will be removed from third party sites from which it has been shared via Commaful’s standard sharing features; however we have no control over deletions or changes to Your Content if it has been shared manually by others or as a video. When you make edits to Your Content, other users will be able to see the history of those edits in your profile activity and on content edit logs.
    • Emails and Communications. When you join the Commaful Platform by signing up for an account or creating a profile, as part of the service, you will receive the Commaful digest containing content that we believe may match your interests. You can manage your email and notice preferences in your account profile settings, under your Emails and Notifications settings. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you transactional e-mails about your account or any services you have requested or received from us. Third parties may comment on your postings within the Commaful Platform. In your profile, under your Privacy Settings, you can adjust whether to allow people to comment on your answers and posts.
    • Topics. You can change topics that you follow or that your profile lists as areas that you know about.
    • Delete Your Account. If you choose Delete Your Account by emailing admin@commaful.com, then all of Your Content will be removed from public visibility on the Commaful Platform, and it may not be restored by us, even if you change your mind.
    • Linked Networks. You may connect or disconnect your Linked Networks, such as Facebook, through the settings, and you may access, amend and delete much of your profile information through your profile settings. Once you disconnect a Linked Network, we will not receive information from that Linked Network going forward; unless you choose to reconnect it. You may also control whether the Linked Network is visible in your profile. Please see this page for more information about Linked Networks and the Commaful Platform
    • Transfering your DataCommaful is headquartered in the United States, and has operations, entities and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions (including the United States) that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
  12. Online Behavioral Advertising. The Service may enable third-party tracking mechanisms to collect your non-personally identifiable information for use in online behavioral advertising. For example, third parties may use the fact that you visited the Service to send online ads for Company services to you on non-Company websites. In addition, our third-party advertising networks might use information about your use of the Site to help target non-Company advertisements based on your online behavior in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website at http://www.networkadvertising.org/understanding-online-advertising or the Digital Advertising Alliance website at www.aboutads.info. The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out at http://www.networkadvertising.org/choices/, or of companies participating in the Digital Advertising Alliance program by opting out at www.aboutads.info/choices. Like many websites, the Site does not currently respond to “do not track” browser headers, but you can limit tracking through these third-party programs by taking the steps discussed above.
  13. Security. The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information.
  14. Transfer As Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess (including personally identifiable information) shall be transferred as a corporate asset to the acquiring entity, provided that such entity will continue to handle such information in accordance with this Policy.
  15. Transfer to the U.S. or other Countries. The Company is established in and uses facilities in the United States. Your information will be stored and processed in the United States or other countries where Company has facilities. By using the Service, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
  16. Children Under 13. The Company does not knowingly collect information from children under 13 (or under the age of 14 for anyone living in Spain or South Korea) and the Service is intended for adults over the age of 18. If you are a parent and believe that your child under the age of 13 has used the Service and provided personally identifiable information to us through the Service, please contact us at admin@commaful.com and we will work to delete that Service account and any such personally identifiable information.
  17. Links to Other Websites The Commaful Platform may contain links to third party sites or online services. We are not responsible for the practices of such third parties, whose information practices are subject to their own policies and procedures, not to this Privacy Policy.
  18. California Residents - Your California Privacy Rights. If you are a resident of California, you have the right to request a list of third parties to whom we have disclosed your personally identifiable information for their direct marketing purposes during the preceding year, pursuant to California Civil Code Section 1798.83. To make such a request, please send an email to admin@commaful.com or write to us at: 1259 El Camino Real #158 Menlo Park, CA 94025. We are only required to respond to one request per customer each year.

Data Protection Statement for European Union Users

Description of Processing Activity

Commaful collects and stores personal information about its users to customize their reading experience and enable personalized distribution of content. It shares minimal data with its service providers.

Purposes of Processing

  1. Provide, test, promote, and improve the services
  2. Gather usage statistics of services
  3. Provide customized reading experience
  4. Publish and distribute user-generated content
  5. Provide access to paid content
  6. Pay and promote authors
  7. Fight spam, fraud, and other abuse of services

Legal Bases

In order to provide the services, Commaful collects and stores personal data about its users on the legal basis of consent given when you create an account and agree to the Privacy Policy.

Commaful also pursues its legitimate interests by collecting minimal data of logged out users to provide the services, as outlined above.

Public Nature of Personal Data

Logged-in users may choose to interact publicly with the Commaful Services in the form of liking a post, shouting out a post, following other user accounts, sharing links on connected social media accounts, or writing original posts. Where such personal data may reveal special category protected data, it is processed on the basis that it is manifestly made public by the user. Additional information on potential consequences of such processing can be found below. If you do not agree to this public usage, do not create an account or use these features of Commaful Services.

Categories of Personal Data Collected

Logged out users:
  1. Reading history
  2. IP address
  3. Browser information
Logged in users:
  1. Username
  2. Display name
  3. Bio
  4. Avatar image
  5. Email address (non-public)
  6. Session activity (security)
  7. Linked social media accounts (optional)
  8. IP address
  9. Browser information
  10. Reading history (on Commaful network only)
  11. Network interactions (likes, shoutouts, follows, etc.)
  12. Posts, comments, or stories published by user
  13. Topics of interest as selected by the user
Paying subscribers:
  1. Billing information and history
Paid writers:
  1. Bank account for payments
  2. Business information, if applicable
  3. Categories of Recipients
Commaful shares minimal personal data with third-party processors in order to provide the Services. These processors offer at least the same level of data protection as that set out in this statement. This includes the following categories of recipients:
  1. Hosting, Storage, & Other Infrasructure
  2. Security
  3. Analytics
  4. Communication & Support
  5. Payment Processors
  6. Search engines will index user profiles, public interactions, and any user-generated content. Users may also share links to your content on social media.

Payment Processors

Commaful provides Services in conjunction with several payment processors, including: Stripe, Paypal, Google Play, and Apple Pay, through which users may pay for Commaful memberships or receive payment based on participation in our Partner program. Those companies acting as payment processors may collect and store personal data related to your billing information and history in order to provide their services, and may collect and store personal data and business data to prevent fraud and other abuse.
When you delete your Commaful account, Commaful deletes your personal data as outlined in this document. However, to delete your payment or billing information, you will need to do so with your payment provider, as Commaful only has minimal secure access to those records as needed to provide the services.

Existence of Automated Decision-making

Commaful collects and stores personal data about its users to customize reading. This includes automated decision-making to promote content tailored to the preferences and interests indicated by the user, and to their browsing history and network interactions.
Commaful also filters content for the purposes of fighting and preventing spam, fraud, and other forms of abuse.

Potential Consequences of Processing

By creating an account on Commaful, users may make certain personal data about themselves public and accessible to others on their profile and through network interactions. This may in some cases constitute special category protected data which is considered manifestly made public by the user.
Due to the public nature of information posted to Commaful, it may be possible for third parties to derive identifying personal data from posts, whether by reading, inference, supplemental research, or automated extraction and analysis.
Users are free to use their real name and information, or a pseudonym of their choosing, for their account. Users may also choose to use the service without posting data or engaging in network interactions. However, if you do not agree with and accept the risks of such usage, you may not use the services.

Cross-border Transfers

Commaful is hosted in the United States. By using Commaful Services, you authorize Commaful to transfer, store, and use your information in the United States and any other country where we operate. Where your data is disclosed to our processors, it is subject by contract to at least the same level of data protection as that set out in this statement.

Retention

Commaful retains personal data associated with your account for the lifetime of your account. If you would like to delete your personal information, you can delete your account at any time by emailing admin@commaful.com. Deleted account profile pages will yield an error 404 “file not found” page, immediately upon initiating deletion, and will become unrecoverable in our system after a period of fourteen days. It may take several additional days for your personal data to be de-indexed from search engines, depending on those search engines’ practices, over which Commaful may have limited or no control.
To delete your payment or billing information, you will need to do so with your payment provider, as Commaful only has minimal secure access to those records as needed to provide the services.

Rights of Data Subjects

If you sign up for a Commaful account, you may at any time request an export of your personal information by emailing admin@commaful.com.
You may correct information associated with your account from the Settings page, and the Customize Your Interests page to update your interests.
You may withdraw consent by deleting your account at any time through emailing admin@commaful.com, which will erase your personal information completely within 14 days (except to the extent Commaful is prevented by law from deleting your information).
You may object at any time to the use of your personal data by contacting admin@commaful.com. If your complaint relates to alleged misuse of your personal data by a third party, it may result in suspension of that post or account in keeping with relevant law, public interest, our contractual obligations, and the rights of expression and access to information of others.


For (i) data access and portability; (ii) data correction; (iii) data deletion; and (iv) withdrawal of consent or objection to processing, including, in limited circumstances, the right to ask Commaful to stop processing your personal data, with some exceptions, please email admin@commaful.com.

You may at any time lodge a complaint regarding the processing of your personal data by Commaful with the Supervisory Authority of your EU member state.