1. Information We Collect
If you use certain features on the Site, such as the “Contact Us” feature, you will be required to provide personal information. Such information could include, for example, your name, email address, company name, job title, or phone number.
We may also collect personally identifiable information about You through our Service when You register for an account, such as Your full name, phone number and email address. If You choose to purchase a product or subscription from us, we or our third-party payment processors will collect Your payment information.
When You use our Service or if You visit such Customer Properties, we may receive certain information about You as described below.
We do not send promotional emails generally; however, we may send You promotional emails when you have requested a demo or other information and resources, or service related emails related to Your account. If You no longer wish to receive these emails, You may opt out of them including by canceling Your account.
From third parties: We also collect limited data—i.e., IP address and random identifier—through our partners and Customers who use our Service (including by embedding our code on their websites) on their Customer Properties.
Log File Information: Log file information is automatically reported by Your browser or mobile application each time You access our Service. When You access the Service, our servers automatically record certain information that Your web browser sends whenever You visit any website. These server logs may include information such as Your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, the date and time of your visit, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), certain cookie information (see above), and other such information.
Flash LSOs: We may use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. “Local storage” is a way for a website to collect and store information “locally” (e.g., on the user’s device rather than on the website’s server) and then later retrieve it again. Local storage includes “localStorage” and “sessionStorage.” By using local storage, a user’s visits can, for example, be stored on their own computer, counted, and then given to us. We may partner with third parties to provide certain features on our Service or to display advertising based upon Your browsing activity. Various browsers may offer their own management tools for removing HTML5 LSOs.
Web beacons: The Site or the emails that you receive from Constructor.io may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it can allow an email sender to determine whether a user has opened a particular email.
Third-party online tracking: We also may partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Site or in email communications from us. This information may be used for a variety of purposes, including online website analytics.
SDKs and mobile advertising IDs: Our Services may include third-party software development kits (“SDKs”) that allow us and our service providers to collect information about your activity. In addition, some mobile devices come with a resettable advertising ID (such as Apple’s IDFA and Google’s Advertising ID) that, like cookies and pixel tags, allow us and our service providers to identify your mobile device over time for advertising purposes.
Information Related to Data Collected for our Customers: Constructor.io collects information under the direction of its Customers, and has no direct relationship with the individuals whose personal data it may process. If You are a Visitor to the Customer Property of one of our Customers and would no longer like to be contacted by one of our Customers that uses our service, please contact the Customer that You interact with directly. We may transfer personal information to companies that help us provide our Service. Transfers to subsequent third parties are covered by the service agreements with our Customers.
Access and Retention of Data Controlled by our Customers: If You are a Visitor who seeks access or seeks to correct, amend, or delete inaccurate data, You should direct Your query to the Customer. We will retain personal data we process on behalf of our Customers for as long as needed to provide our services. Constructor.io will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
2. How We Use Your Information
We use the information that we collect, including, but not limited to, Customer Content and Visitor Data for a variety of purposes. These purposes include, for example:
- to operate and maintain our Service;
- to send You marketing communications;
- to respond to Your questions and concerns;
- to improve your user experience and the quality of our products and services;
- to fulfill the terms of any agreement You have with us;
- to fulfill Your requests for our services or otherwise complete a transaction that you initiate;
- to comply with legal and/or regulatory requirements; and
- to manage our business;
- to send You information about our services and other topics that are likely to be of interest to You, including newsletters, updates, or other communications, including promotional emails and advertising;
- to deliver confirmations, account information, notifications, and similar operational communications;
- and to help our partners and Customers improve their online offerings.
In addition to the purposes above, we use the information that we collect automatically through the Site for such purposes as:
- Counting and recognizing visitors to the Site;
- Analyzing how visitors use the Site and various Site features;
- Improving the Site and enhancing users’ experiences with the Site;
- Creating new products and services or improving our existing products and services;
- Enabling additional website analytics and research concerning the Site;
- Engaging in interest-based advertising (as described below); and
- Managing our business.
3. How We Share Your Information
Personally Identifiable Information. Constructor.io may store personal information in locations outside the direct control of Constructor.io (for instance, on servers or databases co-located with hosting providers)..
Non-Personally Identifiable Information. We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Constructor.io services and those of our partners.. Non-personally identifiable information may be stored indefinitely.
Third-party service providers. We use third-party service providers that perform services on our behalf, including web-hosting companies, mailing vendors, and analytics providers. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.
We may share your information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
Instances Where We Are Required to Share Your Information: Constructor.io will disclose Your information where required to do so by law, if subject to subpoena or other legal proceeding, or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service Agreement or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Constructor.io, our Customers or others.
What Happens in the Event of a Change of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as Visitor names and email addresses, and other Customer Content or information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Service of any change in ownership or uses of Your personal information, as well as any choices You may have regarding Your personal information.
Testimonials: We may display personal testimonials of satisfied Customers on our Service in addition to other endorsements. With Your consent we may post Your testimonial along with Your name. If You wish to update or delete Your testimonial, You can contact us at firstname.lastname@example.org.
4. Storage and Processing
5. How We Protect Your Information
Constructor.io employs industry standard physical, technical, and managerial procedures to safeguard the personal information we collect online. For instance, when You enter sensitive information on our registration, we encrypt that information using secure socket layer technology (SSL). However, no website is 100% secure, and we cannot ensure or warrant the security of any information You transmit to Constructor.io or guarantee that Your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards. If You have any questions about security on our Service, You can contact us at email@example.com.
We use an outside help platform, and a credit card processing company to bill You if You purchase a subscription to our Service. These companies do not retain, share, store or use personally identifiable information for any other purposes.
6. International Data Transfers
Constructor.io complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Constructor.io adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.
In light of the Court of European Justice’s July 16, 2020 Decision in the case of Data Protection Commissioner v Facebook Ireland Ltd, Maximillian Schrems, invalidating the U.S. – E.U. Privacy Shield Framework as a program satisfying the requirements of Article 45 of the General Data Protection Regulation of the European Union (“GDPR”), and subsequent guidance, Constructor.io no longer relies on the Privacy Shield Frameworks for the lawful transfer of personal data from the European Economic Area (“EEA”), UK, or Switzerland to the US. Whenever we share information of EEA, UK, or Swiss users outside the EEA, UK or Switzerland we make sure a valid data transfer mechanism (e.g., appropriate safeguards) are in place, including where appropriate Standard Contractual Clauses.
7. Compromise of Personal Information
8. Data Retention
We will retain Your information for as long as Your account is active or as needed to provide You services; provided, however, that we may retain certain Customer Content and Visitor notwithstanding the termination of Your use of the Service or the termination of the Terms of Service Agreement. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. What Choices Do You Have Regarding the Use of Your Information?
You may withdraw your consent to process Your personal data at any time. If you do so, you may be unable to use some of the Services.
You may “opt out” of receiving marketing or promotional communications from us by following the instructions in those communications. If You opt out, we may still send you non-promotional emails, such as emails about Your account or our ongoing business relations.
10. Your Rights and Choices
You can contact us directly at firstname.lastname@example.org to review, correct, update or delete inaccuracies to the information about You that Constructor.io keeps on file.
If you are in the EEA, UK or Switzerland, you have the following rights:
- Access. You have the right to request a copy of the personal data we are processing about you. For your own privacy and security, at our discretion we may require you to prove your identity before providing the requested information.
- Rectification. You have the right to have incomplete or inaccurate personal data that we process about you rectified.
- Deletion. You have the right to request that we delete personal data that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
- Restriction. You have the right to restrict our processing of your personal data where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
- Portability. You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you.
- Objection. Where the legal justification for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
- Withdrawing Consent. If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.
- Lodging a Complaint. If you believe that we have not complied with applicable data protection laws you have the right to lodge a complaint with the local data protection authority. The EU Commission provides a list of supervisory authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
11. Legal Bases for Processing
When we process your personal data, we will only do so for the following reasons:
- Where you have given consent;
- Where processing is necessary for the performance of a contract with you, such as when you use our Service;
- As necessary to comply with our legal obligations; or
- Our legitimate interests in processing your personal data.
12. Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, Constructor.io does not knowingly collect or solicit personal information from anyone under the age of 13. If You are under 13, please do not send any information about Yourself to us, including Your name, address, telephone number, or email address. No one under age 13 is allowed to access or use the Service or to provide any personal information to Constructor.io. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If You believe that we might have any information from or about a child under 13, please contact us at email@example.com.
13. Notification Procedures
14. Links to Other Websites