Privacy Policy

Effective date: June 1, 2012 - 2015.

Welcome to Earmark (“Earmark,” “we,” “us” or “our”). Earmark helps you build smarter spending habits by providing the perfect blend of pleasure and pain, so you can achieve your next exciting purchase, faster and without guilt.

  • Our Privacy Policy explains how we collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with Earmark services (collectively, the “Service“), and your choices about the collection and use of your information. If you have any questions about this policy, please feel free to email us at support[at]ermrk.it
  • By using our Service you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials (“User Content“), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at http://ermrk.it/legal).
  • Our Policy applies to all visitors, users, and others who access the Service (“Users“).

1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly or via a third-party service:

  • Your username, password and e-mail address when you register for an Earmark account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Earmark.
  • User Content (e.g., photos, comments, and other materials) that you post to the Service.
  • Communications between you and Earmark. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.

Connecting with others on Earmark:

  • If you choose, you can locate other people with Earmark accounts either through (i) your contacts list, (ii) third-party services or (iii) through a search of names and usernames on Earmark.
  • If you choose to find your friends through (i) your device’s contacts list, then Earmark, with your permission, will access your contacts list to determine whether or not someone associated with your contact is using Earmark.
  • If you choose to find your friends through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy.
  • Note about inviting friends: If you choose to invite someone to the Service you may select a person directly from the contacts list on your device and send a SMS or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Earmark does not have access to or control this communication.

Analytics information:

  • We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the Earmark web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot readily be used to identify any particular individual User.

Cookies and similar technologies:

  • When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Earmark and provide features to you.
  • We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information:

  • Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
  • When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages or screens viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers:

  • When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Earmark.
  • A device identifier may deliver information to us or to a third-party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

  • Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
  • Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post or share User Content), geotag (e.g., to post or share your location), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag an item or tag an item using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

We collect certain information you provide to us when using Earmark, such as when you create an account and profile using your Facebook or Twitter login credentials, send us an email or post information or other content to Earmark’s website or mobile application. The information we collect via your use of Facebook or Twitter login credentials will include certain personal information, like your name, picture, email address and phone number, as well as certain non-identifying information, like your gender, birthday and zip code. We will also collect the contact information of your friends to the extent you choose to connect your contacts and address book information with Earmark and your login credentials to your social network accounts.

2. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

  • help you efficiently access your information after you sign in;
  • remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
  • provide personalized content and information to you and others, which could include ads, offers or other forms of marketing;
  • provide, improve, test, and monitor the effectiveness of our Service;
  • develop and test new products and features;
  • monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • diagnose or fix technology problems;
  • automatically update the Earmark application on your device;
  • Earmark or other Users may run contests, challenges, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e., hashtag or geotag) associated with that Event.

3. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside Earmark without your consent, except as noted in this Policy.

Parties with whom we may share your information:

  • We may share your information as well as information from tools like cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
  • We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
  • We may share aggregated information and non-identifiable information with third parties for industry analysis, demographic profiling and other similar purposes.
  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders.
  • We may share aggregated information and non-identifiable information with third parties in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

Parties with whom you may choose to share your User Content:

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others.
  • If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.

What happens in the event of a change of control:

  • If we sell or otherwise transfer part or the whole of Earmark or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

4. HOW WE STORE YOUR INFORMATION

Storage and Processing:

  • Your information collected through the Service may be stored and processed in the United States or any other country in which Earmark or Service Providers maintain facilities.
  • Earmark may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
  • By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Earmark or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  • We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password and the use of SSL) to verify your identity before granting you access to your account. However, Earmark cannot ensure the security of any information you transmit to Earmark or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
  • Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Earmark, at all times. Your privacy settings may also be affected by changes the social media services you connect to Earmark make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

  • Update your account at any time by logging in via your preferred third-party social media service and changing your profile settings.
  • Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
  • If you have any questions about reviewing or modifying your account information, please contact us directly at support@ermrk.it.

How long we keep your User Content:

  • Following termination or deactivation of your account, Earmark may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
  • If you have any questions about termination or deactivation of your account, please contact us directly at support@ermrk.it.

6. CHILDREN’S PRIVACY

  • Earmark does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, 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 support@ermrk.it.

7. OTHER WEB SITES AND SERVICES

  • We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, including money transfer services such as Dwolla or Venmo, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8.   HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at support@ermrk.it.

9. CHANGES TO OUR PRIVACY POLICY

Earmark may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Earmark or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

Any information that is collected is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise our privacy policy from time-to-time. If we make any material changes to this policy, we will notify you of such changes by posting them on http://ermrk.it or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use Earmark after those changes become effective, you are agreeing to be bound by the revised policy.