Privacy Policy

This Privacy Policy sets out the basis on which the Licensor may collect, use, disclose or otherwise process the personal data of users (the “User,” “you,” “your,” or “yours”) of the Application. This Privacy Policy should be read together with the End User License Agreement (“EULA” or the “Agreement”).

By accessing and using the Application, you acknowledge that you have read and understood the terms of this Privacy Policy and consent to the Licensor’s collecting, using, disclosing, and/or processing your personal data for the purposes described herein. If you do not consent to the collection, use, disclosure, and/or processing of your personal data for the purposes described herein, you may, where applicable, refuse the collection of certain data, or cease your use of the Application.

This Privacy Policy applies to personal data in the Licensor’s possession or under the Licensor’s control, including personal data in the possession of an organization that the Licensor has engaged to collect, use, disclose, or process personal data for the described purposes, but not data, including aggregated or statistical data, that is not personal data.

“Personal Data” means data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

Any terms not capitalized herein shall have the same meaning in the EULA.

1. The Categories of Personal Data to be Collected

  1. Identifiers: for example, real name, telephone number, address, email address.
  2. Commercial information: for example, records of license subscription.
  3. Financial information: for example, payment information.

2. The Categories of Sources from which the Licensor Collects Personal Data

  1. The User: the Licensor collects personal data from the User directly, as voluntarily provided, via the User’s registration of an account.
  2. Third Party Payment Service Provider: the Licensor receives personal data of the User through third party payment service provider at the User’s choice, when the User completes a paid subscription to a license.

3. The Purposes for which the Licensor Uses Personal Data

  1. Providing Services in relation to the User’s Access and Use of the Application. The Licensor uses the collected Personal Data to (a) verify the User’s identity and account credentials; (b) process, handle, maintaining records of any paid subscriptions; (c) send license verification code to paid Users.
  2. Monitoring and Compliance. The Licensor uses the collected Personal Data to (a) monitor compliance with the EULA; (b) comply with applicable laws, regulations, codes of practices, guidelines, or rules in connection with data and records retention; (c) assist in law enforcement and investigations conducted by any governmental and/or regulatory authority; (d) exercise its rights under applicable law and to support any claim, defense, or declaration in a case or before a judicial and/or administrative authority, arbitration, or mediation panel.

4. How the Licensor May Disclose Personal Data

The Licensor generally maintains the confidentiality of the User’s Personal Data. However, it may have a legitimate business need to disclose your Personal Data for one of the purposes listed in Section 3 above, to one or more of the categories of external recipients listed below:

  1. Vendors: The Licensor may share your Personal Data with third-party service providers (including but not limited to payment service providers), for the purpose of providing services in relation to your access to and use of the Application.
  2. Required Disclosure. The Licensor may be required to disclose your Personal Data in a court proceeding, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by any applicable law and regulations of any relevant jurisdiction.

However, in no event will the Licensor sell your Personal Data.

5. How the Licensor Protects Personal Data

To safeguard your Personal Data from unauthorized access, collection, use, disclosure, copying, modification, disposal, or similar risks, the Licensor will take appropriate technical measures such as up-to-date antivirus protection, to secure all storage and transmission of Personal Data. Personal Data will be disclosed to a third-party service provider on a need-to-know basis.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, the Licensor strives to protect the security of your Personal Data and is constantly reviewing and enhancing its information security measures.

6. Rights of Data Subjects

  1. Withdrawing Your Consent. The consent that you provide for the collection, use and disclosure of your Personal Data will remain valid until such time it is withdrawn by you in writing. You may withdraw consent and request the Licensor to stop using and/or disclosing your Personal Data for any or all of the purposes listed above by submitting your request in writing to the Licensor at support@marksharp.co

    Upon receipt of your written request to withdraw your consent, the Licensor will require reasonable time (depending on the complexity of the request and its impact on the business relationship) for your request to be processed. Please note that depending on the nature and scope of your request, the Licensor may not be in a position to continuing providing services to you. As a result, your access to the Application may be disconnected, and your license to the Application may be suspended, once your request is processed. The Licensor will notify you of such consequences before your request is being processed.

    Please note that withdrawing consent does not affect the Licensor’s right to continue collecting, using, and disclosing your Personal Data where such collection, use and disclosure without consent is permitted or required by applicable laws.

  2. Access to and Correction of Personal Data

    If you wish to make (a) an access to a copy of the Personal Data which the Licensor holds about you or information about the ways in which the Licensor uses or discloses your Personal Data, or (b) a correction request to correct or update any of your Personal Data which the Licensor holds about you, you may submit your request in writing to the Licensor at support@marksharp.co.

    Upon receipt of your written request to withdraw your consent, the Licensor will require reasonable time (depending on the complexity of the request and its impact on the business relationship) for your request to be processed. Please note that a reasonable fee may be charged for an access request. If so, the Licensor will inform you of the fee before processing the request.

7. Effect and Changes to this Privacy Policy

This Privacy Policy applies in conjunction with the EULA. If the Licensor changes this Privacy Policy, it will post those changes on this page and update the Privacy Policy update date below. If this Privacy Policy is changed materially in a way that the affects how the Licensor uses or discloses your personal data, the Licensor will provide a prominent notice of such changes and the effective date of the changes before they are made, and, where required by applicable law, give you the opportunity to opt out of these changes by means notified to you at the time. To the fullest extent permitted by applicable laws, your continued use and access to the Application constitutes your acknowledgement and acceptance of such changes.

For questions or concerns about the Licensor’s privacy policies and practices, please contact us at support@marksharp.co

Last Updated: March 25, 2024