EFFECTIVE DATE: May 25, 2018

Workpail LLC (“ Workpail",  “ we ,” “ us ,” or “ our ”) values your privacy. In this privacy policy (“ Policy ”), we describe how we collect, use, and disclose information that we obtain about users of our Inkpad Notepad application which makes it easy to write notes on your phone (the “ App ”), and how we use and disclose that information.

By downloading the App, you acknowledge that your personal information will be handled as described in this Policy. Your use of our App, and any dispute over privacy, is subject to this Policy and our Terms of Use , including its applicable limitations on damages and the resolution of disputes.

1. The Information We Collect About You
2. How We Use Your Information
3. How We Share Your Information
4. Our Use of Cookies and Other Tracking Mechanisms
5. Third-Party Links
6. Security of Your Personal Information
7. Direct Marketing
8. Children Under 13
9. Information for EU Individuals
10. Contact Us
11. Changes to this Policy

1. THE INFORMATION WE COLLECT ABOUT YOU

We collect information about you directly from you through your use of our App. The information we collect from you depends on how you use our App, but it will include:

Information provided by you directly

• Common identifiers , being your first and/or last name;
• Login information,  in particular your name, your account password, account pin, mailing address, email address and phone number; and
• Payment details , in particular your credit card number, but we will not store   CVV information.

Information We Collect Automatically.  We automatically collect information about your use of our App through cookies, web beacons, and other technologies, including technologies designed for mobile apps in particular tracking tools, device identifiers (browser and OS type), your IP address, and your geo location based on the IP address. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

2. HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes:

1. to fulfil requests (making it easy to write notes, applying auto-save to ensure you never lose note content, and secure online backup/restore so you can access your notes when you move to a new phone);
2. to allow you to register to create an account;
3. depending upon the type of account you create, to allow us to process payment information;
4. to send administrative information, e.g. information regarding the App, in particular additional features and changes to our terms, conditions, and policies and to offer personalized help and instructions and to otherwise personalize your experiences while using our App.
5. for marketing purposes, including direct marketing.
6. to identify trends in the use of our App and analyze the effectiveness of our communications.
7. to develop new products and services.
8. to enhance, improve, or modify our products and services.
9. to validate a user's ability to access or use certain features of the App.
10. to comply with legal obligations, as part of our general business operations, and for other business administration purposes.
11. 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 Policy.

3. HOW WE SHARE YOUR INFORMATIO N

We may share your information, including personal information, as follows:

• Affiliates . We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Service Providers.  We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. In particular, we use Stripe Inc and their affiliates to allow you to safely conduct only payment transactions depending on the nature of your account. Stripe's privacy policy is available here for review: https://stripe.com/gb/privacy . We also store  electronic data on Google App Engine which is governed by the following privacy policy ( https://www.google.com/intl/en/privacy/ ) .

We also disclose information in the following circumstances:

• Business Transfers . If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy or insolvency proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process . We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others . We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use, or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information . We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

4. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS  

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our App. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies .   A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. Some cookies allow us to make it easier for you to use our App, while others are used to allow us to track your activities while using our App. There are two types of cookies: session and persistent cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are using the App. This allows us to verify your identity as you use our App. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising on our App. To see a full list of our cookies and details of why we use them, please click here .

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Users of our App who disable cookies will be able to use certain functions of the App, but some features may not function (e.g., you may not be able to stay logged into your account).

Clear GIFs, pixel tags and other technologies . Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web or mobile application pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our App to, among other things, track the activities of App users, help us manage content, and compile statistics about usage of our App. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third Party Analytics . We use automated devices and applications, in particular Google Analytics , to evaluate usage of our App, and to the extent permitted, our App. We also may use other analytic means to evaluate our App. We use these tools to help us improve our App’s performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google privacy policy at https://www.google.com/policies/privacy/ . You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout .

Do Not Track . Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page  for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies . You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page  for information about opting out of interest-based advertising and their choices regarding having information used by NAI members . If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA) Your Online Choices Page  or www.aboutads.info .

Opting out from one or more companies listed on the DAA Consumer Choice Page  or the NAI Consumer Opt-Out Page  will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our App or on other websites.

5. THIRD-PARTY LINKS

Our App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

6. SECURITY OF YOUR PERSONAL INFORMATION  

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, in particular, we support the use of Secure Sockets Layer technology 'SSL' encryption for data during transmissions sent between the App and the servers. Please be aware that despite our efforts, no data security measures can guarantee security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

7. DIRECT MARKETING

We may send periodic promotional emails to you. You may opt-out of promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

8. CHILDREN UNDER 13

Our App is not designed for children under 13 therefore in order to use the Workpail services you must be at least 13 years of age. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

9. INFORMATION FOR EU INDIVIDUALS  

The Data Controller of the information collected through the App is Workpail LLC  which is headquartered in the United States at 351 Pleasant Street, Suite B #13, Northampton, MA 01060, United States. T o exercise any rights that you may have with regard to your personal information, you may contact us using the following details : support@inkpadnotepad.com .  

The legal bases for using your personal Information . We collect your information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of data:

• Our use of your personal information is necessary to perform a contract  or take steps to enter into a contract with you. This applies to our processing activities described at 2A, 2B, 2C, 2D, 2H and 2I above.
• Our use of your personal information is in our legitimate interest  as a commercial organization to make improvements to our products and services and to provide you with an efficient App as you request. This applies to our processing activities described at 2E (save where we need consent by local law), 2F, 2G and 2H.  
• Our use of your personal information is n ecessary to comply with a relevant legal or regulatory obligation  that we have in particular, where we are required to disclose personal information to a court, tax authority or regulatory body in the event of an investigation. This applies to our processing activities described at 2J and 2K.  
• Our use of your personal information is in accordance with your consent . This applies to our processing activities described at 2E (where required by local law).  Where we are relying on your consent, you have the right to withdraw this at any time and we will advise you of the consequences at that time, in particular you may longer be able to be kept with newsletters

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

Your Legal Rights. Subject to certain exemptions, and dependent upon the processing activity we are undertaking, European Union individuals have certain rights in relation to personal information:

Right to access, correct, and delete your personal information :   You have the right to request access to the personal information that we hold about you and: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred. You also have the right to request that we correct any inaccuracies or delete your information. We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.

Right to restrict the processing of your personal information :   You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests verification as to whether we have a compelling interest to continue to use your data. We can continue to use your personal information following a request for restriction, where: (a) we have your consent; or (b) to establish, exercise or defend legal claims; or (c) to protect the rights of another natural or legal person.

Right to data portability : To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.  

Right to object to the processing of your personal information :   You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to lodge a complaint with your local supervisory authority : You have a right to lodge a complaint with your   local supervisory authority   if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.  

How to Exercise Your Rights : If you would like to exercise any of the rights described above, please send us a request support@inkpadnotepad.com . In your message, please indicate the right you would like to exercise and the information to which it relates.

We may ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would affect the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Cross-border Transfer of Information. We maintain servers and systems in the United States hosted by third party service providers. As a result, where the personal information that we collect through or in connection with the App is processed in the United States, we will take steps to ensure that the information receives the same level of protection as if it remained within the European Union. You may have a right receive details of any safeguards that we have where your data is transferred outside the European Union, (e.g. to request a copy where the safeguard is documented, which may be redacted to ensure confidentiality).

Retention of Personal Data and Access. We will keep your information accurate, complete and up to date. We will retain your personal data for the period necessary to fulfil the different purposes outlined in this Policy, and in particular we will keep data for as long as it takes to respond to a query. Where we are required to do so to meet legal, regulatory, tax or accounting requirements, we will retain your personal data for longer periods of time, but only where permitted to do so, including so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your personal data or dealings.

10. CONTACT US

If you have questions about the privacy aspects of the App or would like to make a complaint, please contact us at support@inkpadnotepad.com.

11. CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our App.