Effective Date: September 3, 2018

Jivy Group S.R.L. (“Makeree “, “we“, “our” or “us“) develops and operates an innovative B2B solution including the Makeree platform and related services (“Solution“) for creating interactive instructions, managing instructional content and analyzing user behavior, which allows organizations or someone on their behalf (each, a “Customer“) to make self-assembly by their end-users (“End Users“) more enjoyable, educational and social, while providing our Customers with better visibility, analytics and insights into their End Users’ activities.

We also operate the website www.makeree.com, its subdomains, pages and related features (the “Site“, and together with the Solution – the “Services“).This Privacy Notice describes the personal data we typically receive or collect whenever someone visits our Site (a “Visitor“), a Customer uses the Solution , or when someone uses our Customers’ Solution-enhanced applications (“End User” of the “Customer Solution“); as well as the Personal Data we may receive from third parties, regarding our Customers or potential customers (a “Prospect“).

It also describes how and for which purposes we may use such data, where we store and for how long we retain it, with whom we may share it, our use of tracking technologies and communications, our security practices, your choices and rights (whether you are a Visitor, Customer, Prospect or End User, “you“) regarding such data, our policy regarding children, the roles of Data Controller and Processor, and how to contact us if you have any concerns regarding this Notice or your Privacy.

Please read this Notice and make sure that you fully understand and agree with it. If you do not agree to this Notice, please discontinue and avoid using our Services. You are not legally required to provide us with any data, or to have such data collected about you, but unless we receive certain data, we will not be able to provide you with our Services (or certain parts of our Services).

1.  Collecting Personal Data

We collect the following types of data (which, to the extent it relates to an identified or identifiable individual, is deemed as “Personal Data“):

1. Data automatically collected or generated about a person: when someone visits, interacts with or uses our Services, we may collect or generate certain technical or behavioral data about them. We collect or generate such data either independently or with the help of third party services (as detailed in Section 4 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 5 below). Such data mainly consists of technical or aggregated usage data, non-identifying data regarding a device, operating system and browser, and user activity on our Services. We do not use such data to learn about a person’s true identity or contact details, but mostly to better understand how our users typically use and engage with our Services, and to improve our marketing campaigns and engagements, as well as the overall performance of our Services.

2. Data received from the Customer: you may provide us with your Personal Data voluntarily, such as your name, company and position, contact details (such as business e-mail, phone and address), and other data you choose to provide when you use our Services, create a Customer account or contact us. You may also provide us additional details concerning your organization (our Customer), such as billing details, business needs and preferences. To the extent that such data concerns a non-human entity, we do not regard it as “Personal Data” and this Notice shall not apply to it.

3. Business and contact data received from third parties: we may receive your Personal Data from other sources. For example, if you participate in an event or webinar that we sponsor or participate in, we may receive your Personal Data from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners, Customers or services provides, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn. 

4. End User Data: we may collect End Users’ Personal Data whenever they download, install and use the Customer Solution. This includes data which is automatically collected or generated based on their activities (technical or aggregated usage data as described above in subsection 2(1), as well as any data provided by End Users voluntarily, via the Customer Solution or any other means (including any images, videos, text or other content submitted by End Users, to the extent it includes any Personal data). We collect and process End User Data on behalf of our respective Customer, which is the “Data Controller” of such data, whilst we act as their “Data Processor” (as such terms are defined in the EU GDPR). We may also collect and process End User Data as a “Data Controller” dependent on our relationship with our Customer. In case you are a Customer of ours and would like to confirm your relationship with us, you may contact us at info@makeree.com. To learn more, please see Section ‎10 If you are an end-user of our Customer and have any concerns regarding your privacy, please contact the Customer whose services you use for details about their privacy policy and practices.

4. Non-personal (anonymous) Data: such Non-personal Data does not and may not relate or refer to any specific individual, and we therefore do not regard it as “Personal Data” and may use it without restriction, for example to aggregate data for industry benchmarks or comparative performance metrics, that we might publish from time to time.

2.  Using your Personal Data

We use your Personal Data as necessary for the performance of our Services, for complying with applicable law, and based on our legitimate interests in maintaining, improving and advertising our Services and offerings, understanding how our Services are used or how our Visitors, Customers and Prospects (as well as our Customers’ End Users) would like to use them, using more effective marketing and advertising strategies and methods, improving our customer service and support operations, and protecting and securing our Services, ourselves, our Customers and their End Users.

Accordingly, we use Personal Data for the following purposes:

1. To facilitate, operate, and provide our Services;
2. To authenticate the identity of our Customers and allow them access to the Services;
3. To provide our Customers with customer care, assistance and technical support services;
4. To further develop, customize and improve the Services, and to improve your user experience, based on common or personal preferences, experiences and difficulties;
5. To facilitate and improve our marketing and advertising strategies, and make them more effective and efficient;
6. To contact our Visitors, Prospects and Customers with general or personalized service-related notices, informational materials and promotional messages, in accordance with Section 6 below, and to facilitate, sponsor and offer certain events and promotions;
7. To monitor aggregate metrics and create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data, which we or our business partners and Customers may use to provide and improve our respective services and offerings;
8. To act as permitted by, and to comply with, any legal or regulatory requirements; and
9. To conduct any additional activities that may require the use of your Personal Data, for which we will request your specific approval in advance.

3.  Storing and Retaining your Personal Data

To transfer solely to our Customers for the purpose of improvement, customization and enhancement of their services as well as for their marketing purposes. The Customer’s use of the Personal Data is in accordance with such Customer’s privacy policy/notice.

Personal Data which is subject to this Privacy Notice may be maintained, processed, accessed and stored by Makeree and our authorized affiliates, Customers, Service Providers (as defined below) and business partners in and from various locations around the world, including the United States of America, as necessary for the proper facilitation, offering and delivery of our Services, or as may be required by law.

Jivy Group S.R.L. is based in a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.

While privacy laws may vary between jurisdictions, Makeree, its affiliates, Service Providers and business partners are each committed to protect Personal Data in accordance with this Notice and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

We retain End Users’ Personal Data as instructed or authorized by our Customer, and thereafter in accordance with our data retention policy. We retain Visitors, Customers and Prospects Personal Data as reasonably necessary to establish, preserve and expand our mutual relationship, and thereafter in accordance with our data retention policy. If you wish us to delete your Personal Data, or have questions about our retention policy, please contact us at info@makeree.com.

4.  Sharing your Personal Data

Compliance with Laws, Legal Orders and Authorities: We may allow government and law enforcement officials access to certain Personal Data, or otherwise share it with them, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in order to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other substantial wrongdoing.

Sharing End User Personal Data with our Customer: We may share with our Customers the Personal Data of their respective End Users (including any relevant communications and content). Please note that Makeree is not responsible or controls any further disclosure, use or monitoring by or on behalf of its Customers.

Service Providers: We may engage selected third party companies and individuals to perform certain services complementary to our own (e.g. hosting and server co-location services, data analytics services (including Google Analytics, as further explained below), marketing agencies and advertising services, data and cyber security services, fraud detection and prevention services, customer engagement services, e-mail distribution and monitoring services, remote access services, and our business, legal and financial advisors) (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.

Analytics and Monitoring Services: We also use various tools such as “Google Analytics” to collect information about use of our Services. Google Analytics as an example, collects information such as how often users visit the Services, what pages they visit when they do so, and what other sites they used prior to coming to our Services. We use the information we get from Google Analytics to maintain and improve the Services and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Services is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

Protecting Rights and Safety: We may share your Personal Data with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of Makeree, any of our Customers, their End Users or any members of the general public.

Makeree Subsidiaries and Affiliated Companies: We may share Personal Data internally within our family of companies, for the purposes described in this Notice, or with respect to any change in control, merger, acquisition or purchase of substantially all of Makeree’s assets. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Services.

For the avoidance of doubt, Makeree may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or we have successfully rendered such data non-personal. We may transfer, share or otherwise use non-Personal Data in our sole discretion and without the need for further approval.

5.  Cookies and Tracking Technologies

Makeree and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide and improve our Services, personalize your experience, monitor the performance of our activities and campaigns, and enhance the stability, security and functionality of our Services.

In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. Some cookies and other technologies serve to recall Personal Data, such as an IP address, and are used for purposes of session and user authentication, security, keeping the user’s preferences, connection stability, monitoring performance and generally providing and improving our Services.

While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

We conduct tracking in the Customer apps via tracking technologies and third party tracking services. Only Makeree and each specific Customer or such Customer’s End Users gain access to the Personal Data in connection to such Customer and its End Users.

6.  Communications from Makeree

Service Communications: we may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, etc.

Promotional Communications: we and our authorized partners (e.g., event or webinar co-sponsors) may also notify you about new services, events and special opportunities or any other information we think you will find valuable. Such notices may be provided through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.

If you wish not to receive such promotional communications, you may notify Makeree at any time by e-mailing us at info@makeree.com or by following the “unsubscribe”, “stop” or “change e-mail preferences” instructions contained in the promotional communications you receive.

7.  Data Security

We are committed to securing your Personal Data, and use various security measures to better protect it. These include industry-standard physical, procedural and electronic security measures, as well as encryption tools and methods where deemed appropriate. However, please be aware that regardless of the security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.

8.  Data Subject Rights

If you wish to exercise your rights under applicable law (e.g. the EU GDPR) to request access to and rectification or erasure of your Personal Data held with Makeree, or to restrict or object to such Personal Data’s processing, or to port such Personal Data – please contact our Privacy team at info@makeree.com.

Please also note that we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will then be retained by us for legal purposes (e.g. so we have proof of the identity of the person submitting the request), in accordance with our data retention policy.

9.  Children’s Privacy

While some Customer Solutions may be designated for use by children (and processed under the control of the relevant Customer), we do not knowingly collect Personal Data from children for our own purposes, and do not wish to do so. If we learn that a child is using the Services, or learn that any children data was collected or processed via the Solution without such Customer obtaining the necessary approvals and consent under applicable law, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us at info@makeree.com.

We recognize the requirement to provide further privacy protections with respect to personal information collected from children.

Even though certain of Customer apps target children, please be advised that we do not collect, store, use or disclose any personal information with respect to children under the age of 16 as detailed in the Children’s Online Privacy Protection Act (COPPA) [see: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule]

In order for us to maintain such condition, the registration process to all Services including Customer apps require you to choose whether you are under the age of 16 or not. In case you have chosen the option that you are under the age of 16, certain features in the applications will be disabled, such as: email and notifications communication, commenting on projects and audio in uploaded videos. In addition, uploaded projects of children under the age of 13 go through a strict screening process.

In any case, if you are under the age of consent in your jurisdiction, you may not use our Solution without adult supervision. We do not provide privacy measures designed to protect children when using the internet unsupervised.

10.  Data Controller and Data Processor

Certain data protection laws and regulations, such as the EU GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller”, who determines the purposes and means of processing, and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

Each Customer is the “Data Controller” of their End Users’ Personal Data, as Makeree processes such data solely on such Customer’s behalf. This means that in such cases, we will only process such End Users’ data in accordance with the reasonable instructions of the Customer, subject to our Terms of Service and Data Processing Agreement, and strictly on their behalf. The Customer will be solely responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing, obtaining any necessary consents and approvals, and responding to Data Subject Rights requests concerning the data they control).

Makeree is the “Data Controller” of the Personal Data it processes concerning its Customers, Prospects and Visitors. This means that when processing is performed for Makeree’s purposes (as set forth under this Notice), namely Personal Data which pertains to Customers, Prospects and Visitors, then Makeree will control such data, and assume the responsibilities of Data Controller (solely to the extent applicable under law).

11.  Additional Notices

Updates and amendments: We may update and amend this Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the published effective date. We will give you prior notice if any substantial changes are involved, via any of the communication means available to us, or on the Services. After such period, all amendments shall be deemed accepted by you.

External links: While our Services may contain links to other websites or services, we are not responsible for such websites or services privacy practices, and encourage you to pay attention when you leave our Services and read the privacy policies of each and every website and service you visit. This Notice applies only to our Services.

Questions, Concerns or Complaints: If you have any comments or questions about this Privacy Notice or if you have any concerns regarding your Privacy, please contact us at info@makeree.com.