This Privacy Policy governs the manner in which MarketScale (“us”, “we”, or “MS”) collects, uses, maintains and discloses information collected from users (each, a “User”) of MarketScale Studio, whether or not the user is registered, in the use of services, including the exchange of recorded audio and video content between users, and any other services (collectively, the “Services”) offered through MarketScale Studio.

We may collect personal identification information from Users in a variety of ways in connection with our Services. We will collect personal identification information that Users voluntarily submit. Certain personal identification information is necessary to use the Services. Accordingly, the Services are not available unless the necessary personal identification information is supplied.

We may collect non-personal identification information about Users whenever they use the Services. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection with the Services, such as the operating system and the Internet service providers utilized and other similar information.

The website(s) related to use of the Services may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Services may not function properly. The following types of cookies may be used:

Necessary: Critical to enable Users to login, navigate, and utilize the features of a website, or to provide a service requested by Users. We do not need to obtain your consent in order to use these cookies.

Functionality: Allow the website(s) related to use of the Services to remember preferences you establish. Information collected by Functionality Cookies is anonymous does not implication tracking your browsing activity on other websites.

Performance: Collect information about how you use a website and record issues you may experience while using the Services, such as error messages. All information collected by these cookies is anonymous. Such information is used only to improve the website(s) related to the use of the Services.

Managing Cookie Settings

Information about cookies can usually be found in the "Help" section of commonly used web browsers. There, you can learn more about how to manage your cookie settings.

On most mobile devices, you can-opt out of certain types of interest-based advertising by accessing the “settings” on your device:

Apple Devices: You can limit ad tracking by clicking on "settings" > "privacy" > "advertising" and toggling "limit ad tracking" to ‘on.’

Android Devices: You can opt out of most app-based tracking for advertising by opening the "Google Settings" app on your device, selecting "Ads", and then selecting the option to opt-out of interest-based ads.

Please note that the above information may change when manufacturers update their systems. MS does not represent and cannot guarantee that the above information is the most up to date information available. Also note, that your device may use another platform, not described above. Please consult your manufacturer’s documentation for further instructions.

MS may collect and use certain User information as discussed above. MS may use the information for the following purposes:

Operating the Services

We may need your information display content on the website(s) related to the use of the Services correctly.

We use Hotjar in order to better understand our Users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our Users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our Services with User feedback. Hotjar uses cookies and other technologies to collect data on Users’ behavior and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor MS will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link. https://www.hotjar.com/legal/policies/privacy

You can opt-out to the creation of a user profile related to the information collected by Hotjar, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link. https://www.hotjar.com/legal/compliance/opt-out

Service Announcements

We may need your information to communicate with you and inform you of the latest updates related to the Services. We may also use the information to provide you special offers related to the Services. Any and all such communications will offer an opt-out link should you no longer wish to receive the communications in the future.

Marketing and Advertising

MS may, from time to time, use the information collected to send digital newsletters and offers via email and any other forms of contact provided that it believes are relevant to Users. Any and all such communications will offer an opt-out link should you no longer wish to receive the communications in the future.

Protection of MS

MS may use collected information, if necessary, as determined in the sole discretion of MS, to protect MS against potential liability, investigate and/or defend MS against third-party claims or fraud, and protect MS’ technology and rights. This includes the use of collected information to enforce MS’ policies such as the Terms of Service related to MarketScale Studio.

Legal and Regulatory Compliance

MS may use collected information in order to comply laws and regulations set by governmental or regulatory authorities. This includes MS’ own investigation or assistance with an investigation. This also includes compliance with any subpoenas or similar legal processes.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website(s) related to the Services.

The security of your Personal Information is important to us but remember that no method of transmission over the Internet, including cloud-based services, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, advertisers, internal MS parties (e.g., employees), and governmental and regulatory entities for the purposes outlined above.

MS reserves the right to share collected information if MS enters into a business transaction such as a merger or acquisition or sale of some or all of MS’ assets. A party that acquires MS’ assets may continue to use collected information, but only in accordance with this policy.

MS may retain the collected information as long as necessary to provide the Services and comply with legal obligations. The amount of time information is retained will be based on the type of information and purpose for which it is collected.

MS deletes personal information within a reasonable period after we no longer need to use it for the purpose for which it was collected (or for any subsequent purpose that is compatible with the original purpose). This does not affect your right to request that we delete your personal data before the end of its retention period. We may archive personal data (which means storing it in inactive files) for a certain period prior to its final deletion, as part of our ordinary business continuity procedures.

This part of the Privacy Policy addresses the specific disclosure requirements under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

The data controller for website(s) related to the use of the Services is MS. MS’ contact information is referenced below.

Rights of residents of the EU

If you are a resident of the European Union, please note that the following rights specifically apply regarding your personal information: (1) Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information; (2) Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format; (3) Request rectification of your personal information that is in our control; (4) Request erasure of your personal information; (5) Object to the processing of personal information by us; (6) Request to restrict processing of your personal information by us; (7) Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

To exercise any of the abovementioned rights, you may contact us at:
​[email protected]

Transfer of Information Outside the EEA

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection or enter into legal agreements ensuring an adequate level of data protection.

MS is based in the USA which is where we process personal information collected through our website(s) related to the Services. When you provide personal information to us, we request your consent to transfer that personal information to the USA. The USA does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the USA provide adequate protection for personal information. Although the laws of the USA do not provide legal protection that is equivalent to EU data protection laws, we safeguard your personal information by treating it in accordance with this GDPR Privacy Notice. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our website. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Notice.

CHANGES TO THIS PRIVACY POLICY

MS has the discretion to update this privacy policy at any time, and by using the Services you are expected to review the privacy policy on a regular basis to ensure you understand all terms and conditions governing use of the Services. MS will provide reasonable prior written notice of any material changes to the privacy policy. If you do not agree to any change to the privacy policy, you shall stop using the Services. By continuing to use the Services, you agree to the updated privacy policy.

YOUR ACCEPTANCE OF THESE TERMS

By using the Services, you signify your acceptance of this policy. If you do not agree to this policy, please do not use the Services. Your continued use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at [email protected].