Privacy Policy
How MACHULU handles your data
This page was updated on October 4, 2020
Table of Contents
Introduction
MACHULU Ltd. “(“MACHULU”, “we”, “our”) is committed to maintaining the privacy of its users (“user”, “you”). The following information describes how MACHULU collects and processes information about you when you use our Services (as defined below). This Privacy Policy supplements the MACHULU Terms and Conditions document available at: https://machulu.com/privacy-policy/ as may be updated from time to time and which terms are incorporated herein.
Our Privacy Policy explains:
- What information we collect and why we collect it.
- How we use that information.
- Your rights with regard to the collection of such information.
By using our Services, you agree to this Privacy Policy.
MACHULU is engaged in creating, developing, and maintaining an interactive platform (“Platform”) for business professionals. The Platform enables its users to share their challenges and interact with other users of the Platform, who offer a broad bank of use cases, tools, services, and technological and other solutions. MACHULU is also engaged in the ideation, development, maintenance, and provision of a website (the “Website”), which provides information on MACHULU’s Platform (the Platform and Website shall be defined collectively herein as the “Services”).
Collecting Information
Please note that the scope of this Privacy Policy is limited only to information collected by MACHULU through your use of its Services. Some information may be automatically collected, and some is collected when you interact with our Services. The type of information that may be automatically collected is non-personal information, which includes your session durations, the content you accessed on the Service, the frequency and scope of your use of the Service, and information about your computer and internet connection, including the operating system you use and browser type.
Information from which you can be personally identified may also be collected, including but not limited to your name, email address, company, job title, IP address, time zone, and the location of the computer through which you used the Service (hereinafter: “Personal Information”). Personal Information shall be collected only if received voluntarily from you, via the following methods:
a. Registering to Use the Platform
If you wish to register to use the Platform, we will collect your name, email address, country, interests, groups, and organization. We may also collect your social media account information if you choose to provide it for the purpose of your registration, share your Platform activity on social media or invite friends from social media to join the Platform.
b. Contacting Us
If you wish to contact us regarding our Services or this Privacy Policy, we will collect your name, email address, and the content you submit to facilitate your inquiry.
c. When You Create or Join an Organization through the Platform
We will collect your Personal Information when you create or join an organization via the Platform. Such information includes your area of expertise, interests, challenges you share, solutions you offer, and made available to other users of the Platform. Please note that the information you provide may be made public to other users of the Platform or the specific group you are associated with. Though if the settings of certain groups, solutions, or challenges were defined as private, such information will not be made public unless your consent was provided.
d. When You Wish to Purchase a Product via the Services:
We will collect your Personal Information when you wish to make a purchase through our Services. We will collect your name, email address, and your payment and billing information in order to complete your purchase.
e. Behavioral Advertising
We collect your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
f. Newsletter Updates
If you wish to receive our newsletter for our latest updates and events, you may register at any of the subscription forms appear on our Website, our Platform, or other publications, and we will send you our newsletter updates. If at any point, you would like to withdraw your consent and stop receiving our newsletter, you may notify us by writing to privacy [at] machulu.com. Please email us from the email address we have on file for you. If you email us from a different email address, we cannot determine if the request is coming from you and will not be able to accommodate your request.
Use of Information
We use the Personal Information we collect from you for a range of different business purposes according to different legal bases of processing. We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously.
1. Providing the Requested Services
- We collect Personal Information to provide you with the Services you contracted to receive when you registered to use the Platform.
- Such collection of information will enable us to provide you with technical and professional assistance, with regard to Platform, any group you are associated with, a challenge you raised, or a solution you shared.
We process the Personal Information where it is necessary for the adequate performance of the contract regarding the requested Services.
2. Improvement and Development of the Services
- We collect Personal Information to improve and develop our Services and understand feedback on MACHULU’s Services and to help provide more information on the use of the Services quickly and easily.
- We collect Personal Information for ongoing review and improvement of the information provided on our Website and Platform to ensure it is user friendly.
- We collect Personal Information to improve the management and administration of our business and maintain compliance with our internal policies and procedures.
- We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our Services, develop new features, and conduct audits and troubleshooting activities.
We process this information in light of our legitimate interest in improving the Services, to allow our users to have the best experience.
3. Maintain a Safe and Secure Environment
We may use your information to detect and prevent fraud, abuse, and security incidents in the following ways:
- Verify and authenticate your identity and prevent unauthorized or illegal activity.
- Enhance the safety and security of our Services.
- Conduct security investigations and risk assessments.
- Prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law.
We process this information in light of our legitimate interest in improving our Services and enabling our users to browse in a secure environment.
4. Personalize Content, Advertising, and Marketing
- If you have used MACHULU’s Services in the past, we have a legitimate business interest in matching the data we collect with other data we had already collected.
- This enables us to understand your needs and interests, optimize the content we send you and make it more suitable and relevant to your needs.
- This also enables us to improve your experience on the Website and Platform by providing you with personalized content, recommendations, and features.
We process this information in light of our legitimate interest in personalizing your experience and customize our content.
Disclosure of Information and Transfer of Data
Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under the law.
In order to perform our contractual and other legal responsibilities or purposes, we may, from time to time, need to share your Personal Information with third parties. We may as well share your Personal Information with our affiliates, subsidiaries, or any third-party service providers and individuals to facilitate our Services or any portion thereof, such as marketing, data management, or maintenance services. We may share your Personal Information with third-party payment processors if you make a purchase through our Services, to assure that your payment information is processed in accordance with the highest security standard. We may also share your information with analytics service providers for analytics purposes, such as Google Analytics. Google Analytics set their own cookies or other identifiers on your computer, through which they can collect information about your usage of our Services. This helps us compile aggregated statistics about the effectiveness of our Website and Platform. You can read more about Google’s privacy practices: https://www.google.com/intl/en/policies/privacy/.
The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third-party service providers process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data.
We may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate changes. Furthermore, information about you may also be released in order to comply with any valid legal obligation or inquiry or process such as a search warrant, subpoena, statute, or court order. In special cases, we will also release specific information, such as if you use the Service to perform an unlawful act or omission or take any act or omission that may damage MACHULU, its property, and goodwill, or if there is an attempted breach of the security of the Services or a physical or property threat to you or others. If you feel that any of your privacy rights have been compromised by MACHULU, you have the right to file a complaint to the relevant supervisory authority.
Your Rights
You have the right at any time to request to access or modify your information. To exercise these options, please contact us at privacy [at] machulu.com.
In some jurisdictions, in particular, those located within the European Union (the “EU”) or within the European Economic Area (the “EEA”), you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights to:
- Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.
- Object to the processing of your Personal Information for direct marketing purposes.
- Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.
- Object to an automated decision-making (including profiling) in certain circumstances.
- Request the erasure of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it.
- Receive your Personal Information, or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.
Generally, with regard to information collected on our Platform, MACHULU is a “Data Controller”. Therefore, if you wish to exercise the above mentioned rights, please contact us, and we will make our best efforts to fulfill your request.
If you wish to file a request regarding any of the above, you may contact us at: privacy [at] machulu.com.
Canadian Personal Information Protection and Electronic Documents Act (PIPEDA)
If applicable, the PIPEDA may grant you the following rights:
- Access the Personal Information we hold about you.
- Correct any inaccurate or outdated Personal Information we hold about you.
- Withdraw your consent to any collection and processing of Personal Information conducted by MACHULU, unless such information is required to comply with a legal obligation.
California Online Privacy Protection Act
CalOPPA requires commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers, to post a conspicuous privacy policy on its Website stating exactly the information being collected and those individuals or companies with whom it is being shared.
According to CalOPPA, MACHULU agrees to the following:
- Once this Privacy Policy is created, we will add a link to it on our home page or on the first significant page after entering the Services.
- MACHULU’s Privacy Policy link includes the word ‘Privacy’ and can easily be found on each page on the Service.
- You can request to change your Personal Information by emailing us at: privacy [at] machulu.com.
California Privacy Rights
The California Consumer Privacy Act of 2018 (“CCPA”) permits users who are California residents to request to exercise certain rights. If you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to your Personal Information. In particular, you can request to receive information on the following:
- The categories and specific pieces of your Personal Information that we have collected.
- The categories of sources from which we collected your Personal Information.
- The business or commercial purposes for which we collected your Personal Information.
- The categories of third parties with which we shared your Personal Information.
You can rest assured that we do not sell your Personal Information.
If you choose to exercise your rights, we will not charge you different prices or provide different quality of our Services, unless those differences are related to your provision of your Personal Information.
Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Moreover, you may designate an authorized agent to make a request on your behalf.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12 months period preceding your verifiable request’s receipt. If, for some reason, we cannot reply within such a time frame, our response will include an explanation for our inability to comply. If you wish to exercise your CCPA rights, please contact us at: privacy [at] machulu.com.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CAN-SPAM Act
The CAN-SPAM Act is a Federal US law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out strict penalties for violations.
To be in accordance with CANSPAM, MACHULU agrees to the following:
- Not use false or misleading subjects or email addresses.
- Identify the commercial message sent to you as an advertisement when required.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy [at] machulu.com, and we will promptly remove you from ALL correspondence.
Cookies
We use “cookies” and similar tracking technologies or files (collectively, “cookies”) to identify how visitors make use of our Services. This aggregated tracking information may be used to help us improve and enhance the Service experience for all of our users. In addition, cookies are used for adjusting the Service to your personal preferences. Cookies contain information such as the pages you visited, the length of time you stayed on the Service, the location from which you accessed the Service, and more. If you would prefer not to have cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by rejecting the cookies, you may be unable to fully access the offerings on our Service. To find out more about cookies, visit www.allaboutcookies.org.
Opt-In or Opt-Out
You are always in control of your data, and if you choose to receive information from us or others, you can change your mind later. If at any time, you would like to stop receiving such information or opt-out of a feature, you may notify us by writing to privacy [at] machulu.com. However, you should be aware that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request.
Links to Other Websites
The Services may provide links to other websites. Please be aware that these other websites are not covered by our Privacy Policy. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers, or other websites, companies or individuals, which are not owned or controlled by MACHULU. We suggest that when linking to another website, you always read that Website’s privacy policy before volunteering any personally identifiable information.
Data Security
We deploy industry-standard measures to ensure the security, confidentiality, integrity, and availability of the Personal Information we process. We maintain physical, technical, and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know’ basis for the provision of Services to you. No such measures are perfect or impenetrable. In the event of a security breach, we will take all reasonable action to minimize any harm. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to our Services, and transmission is at the users’ own risk.
Data Retention
Generally, MACHULU does not retain information longer than necessary to provide its Services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the Personal Information is required for MACHULU to establish, exercise, or defend against legal claims or it is necessary for the performance of the requested Services.
Children's Privacy
The Service is not intended for children under the age of 18. We do not, knowingly or intentionally, collect information about children who are under 18 years of age.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE SERVICE, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY
Questions Regarding Our Privacy Policy
If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact MACHULU’s Chief Security Officer at: ami [at] machulu.com or email MACHULU at: privacy [at] machulu.com or via mail at: MACHULU, 400 Centre St S, Whitby, ON, L1N 4W2, Canada.
Revisions and Modifications to our Privacy Policy
We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.
Governing Law and Jurisdiction
This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Canada without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Ontario, Canada, to the exclusion of any other jurisdiction.