I. INTRODUCTION
This Privacy Policy outlines the practices of Tramarkify (referred to as the “Website”) and its operator, Tramarkify Business, LLC (collectively “we” or “us”), regarding the collection, use, and disclosure of the personal information you provide to us as a controller through your use of the Website.
II. CONSENT BY USER
By accessing or using the Website, you agree to the terms of this Privacy Policy, which is incorporated into and forms a part of the Website’s Terms of Service. Your continued use of the Website signifies your express consent to the processing and use of your information as outlined in this policy.
III. INFORMATION COLLECTED BY TRAMARKIFY BUSINESS LLC
“PERSONAL INFORMATION” refers to any data that identifies, relates to, describes, can be used to contact, or could reasonably be linked, directly or indirectly, to you. In the context of this Privacy Policy, the terms “personal information” and “personal data” are used interchangeably.
As you visit, use our Website, or interact with us, we collect the following categories of personal information:
Identifiers: This includes information such as your name, nickname, online identifiers, company name, email address, physical address, postal address, and IP address.
Other Personal Information: This encompasses details like your phone number, account information, passwords, credit or debit card information, or other payment details required for certain services on the Website. It also includes customer support messages, responses to surveys or questionnaires, and any other information you provide through our services.
Protected Characteristics: This includes information like your citizenship status, which may be protected under certain laws.
Commercial Information: This refers to details about products or services you have purchased through the Website.
Internet Information: This includes account settings, user agent identification strings associated with your device (containing information about your hardware, software, and device configuration), details about your searches or interactions with our Website, pages visited, access times, referring/exit pages, clickstream data, and the performance of our services.
Audio and Visual Information: This may include recordings of calls you make to our customer support and visual recordings of your interactions with the Website.
You may choose not to provide some of the personal information described above. However, please be aware that many of our services require certain personal information to function properly. If you choose not to provide the necessary information, you may be unable to use certain services or features.
IV. PERSONAL INFORMATION COLLECTION
We collect the following categories of personal information that you voluntarily provide through the Website, chat, or phone:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
- Internet Information
- Audio and Visual Information
As you use our Website, we also generate certain personal information about you through automatic data collection. This may include information about your interactions with the Website or communications you receive, such as emails, using technologies like cookies, web beacons, third-party platforms, and other tools. Specifically, we or third-party service providers may generate the following categories of personal information:
- Identifiers
- Other Personal Information
- Commercial Information
- Internet Information
We may also receive the following categories of personal information from our Group Companies when you opt-in for our services through their platforms:
- Identifiers
- Other Personal Information
- Commercial Information
Additionally, we may receive personal information from third-party service providers after you have directed us to pursue services on your behalf. This may include:
- Identifiers
- Other Personal Information
Using this Website is optional. If you choose to engage with certain features, we may request specific personal information from you. For example, when ordering products or services, you may be asked to provide your credit card number, expiration date, authentication codes, or related information. If you do not provide the required information for a particular activity, you may be unable to participate in that activity.
We may also offer contests, sweepstakes, or other promotions that require registration and the submission of additional personal information. In such cases, we will collect the information you provide along with your participation in the activity. Furthermore, we reserve the right to collect any other information, including personal information, that you voluntarily enter into postings, comments, feedback, or forums on the Website.
If we offer referral or “tell-a-friend” programs, we may ask for your referral recipient’s name and email address. We will then send your friend one or more communications, either about the product you purchased or inviting them to visit the Website. These communications will include an option for the recipient to unsubscribe from further emails. The information collected for the referral will only be used for sending the invitation, delivering the product, and tracking the success of the referral program. Additionally, we may collect your email address and the full content of your email message, including any attachments. We may use and display your full name and email address to your referral recipient and may also contact you about the status of your referral.
V. COOKIES AND VARIOUS TECHNOLOGIES
Cookies are small data files stored on your computer or device when websites are loaded in a browser.
1. Cookies. Tramarkify uses cookies, web beacons, and other technologies to personalize your experience on the Website by remembering details about your visit. For example, cookies generated by Tramarkify (“First Party Cookies”) allow the Website to retain your information, so you don’t need to log in repeatedly as you navigate between pages. These First Party Cookies are associated only with you, and no third party is permitted to use the information collected through them for their own purposes. However, deleting these cookies may limit the functionality of the Website and related services.
2. Third-Party Cookies. We collaborate with third parties who place cookies on our Website. Information about the third-party cookies used on our Website, including the associated third parties, their purposes, the countries where the cookies may be transferred, and their retention periods, can be found by selecting “Privacy Settings” at the bottom of the Website.
3. Opting Out of Cookies and Other Tracking Technologies. For information on how to opt out of cookies, please refer to section below regarding your rights and Collection of Anonymous Information.
VI. COLLECTION OF INFORMATION
We utilize technology to passively collect and store certain information that is not linked to any specific, identified user. This information is de-identified in accordance with applicable legal standards and will not be connected to an identifiable individual.
If you are directed to a third-party site from the Website, please note that we are not responsible for the actions of those sites, and this Privacy Policy does not apply to them.
VII. STORAGE AND PROTECTION OF YOUR INFORMATION
1. Location. Your Personal Information may be processed and stored outside of your jurisdiction, where the laws regarding data processing may be less stringent than those in your country or state. However, your Personal Information will not be used or disclosed for purposes for which you have not given consent or that are not permitted under applicable law.
2. Protection. We have implemented safeguards to protect the storage and transfer of your Personal Information, including SSL certificates and other encryption protocols, in accordance with applicable legal requirements.
3. Storage of Credit Card Information. When your credit or debit card information is transmitted through our Website, it is protected by security protocols. Tramarkify does not store your credit or debit card information directly, nor do we have direct control over or responsibility for this information. We may retain access to your credit card information through third-party services for ease of use if you decide to order additional services from Tramarkify. However, we do not store your credit card information ourselves.
4. Disclaimer of Guarantee of Security. While we have taken reasonable steps to protect your Personal Information, no security measures can fully guarantee the elimination of all risks associated with data storage and transmission. Therefore, we do not provide any guarantees of complete security.
5. Retention. Unless stated otherwise in this Policy, we may retain your Personal Information for as long as your account is active and for a period thereafter to allow for reactivation without data loss. Additionally, we may retain your information as necessary to:
- Maintain logs and business records for analysis, security, and audit purposes;
- Comply with legal record retention requirements;
- Address any complaints related to the Website; and
- Fulfill our legal obligations, protect our rights, resolve disputes, and enforce our contracts.
VIII. USE AND DISCLOSURE OF PERSONAL INFORMATION
- General Use of Personal Information
We collect and process your personal information for the following purposes (“Purposes”) and, if you are from the European Economic Area (EEA) or the United Kingdom (UK), based on the following legal grounds:
Providing the Services. We process your personal data to fulfill our contract with you for the use of our services and the Website as outlined in our Terms of Service. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in operating the Website.
Authenticating Your Account Credentials and Identifying You. We process your personal data to log you into the Website and ensure the security of your account.
Communicating with You. We process your personal information to communicate with you about your account or use of our services, products, and functionality; respond to your comments and questions; and provide customer service. This processing is based on our legitimate interests in providing the services.
Sending You Marketing Communications. We process your personal data to communicate with you about services or products offered by Tramarkify, our Group Companies, or business partners, and other marketing communications we believe may interest you, as permitted by law and based on our legitimate interests in supporting our marketing activities or when we receive your consent.
Showing Your Purchases. We process your personal data to display purchases made through the Website, applications, and for services provided by our Group Companies on your account page, based on our legitimate interest in providing services and maintaining records.
Authenticating Your Credit or Debit Card Account Information. We process your personal data to authenticate your credit or debit card information based on our legitimate interest in maintaining the security of the Website.
Protecting Against Fraudulent, Unauthorized, or Illegal Activity. We process your personal data to protect against unlawful activities, relying on our legitimate interest in maintaining the security of the Website.
Creating Anonymized Information. We create anonymized data from your personal information, fully de-identified from you, based on our legitimate interests.
Complying with Our Policies, Procedures, and Legal Obligations. We process your data in accordance with our obligations to legal authorities, including responding to law enforcement or government requests, addressing litigation issues, and exercising rights or obligations conferred by law.
As Otherwise Consented to by You and as Required or Permitted by Applicable Law. We may process your personal data in other ways if you give consent to further use, which you can withdraw at any time by contacting us. You have choices about your personal information, and in some circumstances, you may have the right to opt out or object to our uses of your personal information for these Purposes. For more information or to exercise these or other rights, see below Section.
- Electronic Communications
Consistent with the above Purposes and as permitted by applicable law, we may communicate with you via electronic messages, including SMS, live chat platforms, and email to:
Send You Information Relating to Our Products and Services. This includes receipts, updates, security alerts, support, and administrative messages.
Send You Marketing Communications. Subject to applicable law and your preferences, we may communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by Tramarkify, our Group Companies, and other business partners.
SMS Messages. You can opt-in to receive SMS messages from Tramarkify via one-click confirmation through email or the customer web portal. To stop receiving SMS messages, reply STOP to any SMS from us or email us at contact@tramarkify.com.
- Disclosure of Personal Information to Third Parties
We do not sell your personal information. However, we disclose the personal information we collect, generate, or obtain as follows:
With Our Group Companies. We share your information with our Group Companies to provide integrated services, customer support, and analyze user interactions across platforms. The use of information by these companies is subject to their respective Privacy Policies. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Commercial Information
With Business Affiliates. We share information with third-party business partners only with your express consent. We allow you to opt-in to third-party offers through our website and share only the necessary personal information. We disclose the following categories of personal information:
- Identifiers
- Personal Information
- Commercial Information
To Protect Our Rights and Property. We may disclose your information when necessary to protect our rights, property, or the integrity of the Website, and to prevent fraud, security, or technical issues. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
- Internet Information
- Audio and Visual Information
To Process Payments. To use services on the Website, we require credit or debit card information. When you submit this information, we share it with third-party payment processors and fraud detection services. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Commercial Information
With Third-Party Service Providers. Your personal information may be disclosed to third-party service providers who help us deliver services on the Website and communicate with you. This includes sending emails, monitoring usage, fulfilling orders, marketing, and providing customer service. We expect third-party providers to use the information solely to provide services to us. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
In the Event of a Corporate Transaction. If we sell, transfer, or disclose all or part of our business or assets, your information may be disclosed to third parties in connection with such transactions. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
- Internet Information
- Audio and Visual Information
To Comply with Law. We may disclose your personal information to government authorities or other third parties to comply with legal requirements, court orders, or lawful requests from governmental authorities. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
- Internet Information
- Audio and Visual Information
At Your Request. We also share your information as directed or requested by you or with your consent. We disclose the following categories of personal information:
- Identifiers
- Other Personal Information
- Characteristics Protected Under Some Laws
- Commercial Information
- Internet Information
- Audio and Visual Information
In some circumstances, you may have the right to opt out or object to our sharing of your information with certain third parties. For more information or to exercise these rights, see Section XI. Your Choices and Rights. All the above categories exclude text messaging opt-in data and consent; this information will not be shared with any third parties.
- Processing Bases and Consequences
When we process your personal information, we rely on the following legal bases:
- Performance of the Contract. We use your information to fulfill our contract with you, such as sharing your information with government offices for entity formation.
- Compliance with Legal Obligations. We process your information to comply with legal obligations, including responding to lawful requests from authorities.
- Legitimate Interests. We process your information based on our legitimate interests, provided that it does not outweigh your rights and freedoms. We also process data based on other applicable legal bases.
- Anonymous Information
We reserve the right to create anonymized records from your personal information by excluding details that prevent direct identification. This may include comments or feedback you provide, which become our property and may be used for any reason, including marketing and improvement of the Website, without royalties or compensation to you. Any anonymized information is subject to this Privacy Policy’s terms applicable to all anonymous data.
- Transfer of Data
The Website is hosted in the United States, and all services are provided from the United States. If you are located outside the United States, we request your consent to transfer your personal information to the United States. Although U.S. laws may not provide equivalent protection to EU data protection laws, we take steps to ensure your data is treated according to this Privacy Policy.
We may transfer and process your personal data to service providers and companies in countries other than where you reside. For transfers outside of the EEA or UK, we ensure that an appropriate transfer agreement with requisite safeguards is in place to protect your personal information.
IX. Use and Disclosure of Anonymous Information
This Privacy Policy does not restrict our use or disclosure of Anonymous Information. We reserve the right to utilize and share Anonymous Information with our partners, advertisers, and other third parties at our sole discretion.
X. The Ability of Others to View Your Information
When you use the Website, any information you post or provide on publicly accessible areas of the Website may become visible to others and may be collected and used by third parties, including individuals beyond the control of the Website. We are not responsible for any information you choose to share on public sections of the Website.
XI. Third-Party Sites and Advertising
The Website may contain links to other sites that are not owned or controlled by Tramarkify Business LLC, such as links to review aggregate websites. We are not responsible for the privacy practices or content of these other websites, and this Privacy Policy does not apply to them. We make no representations regarding the privacy practices of any other sites, regardless of whether we advertise on those sites or provide a link to them from our Website.
XII. Your Choices and Rights
1. Public Information on the Website. When you use the Website, certain information you post or provide on publicly accessible parts of the Website may become available to others, including individuals outside the control of the Website. We have no obligations regarding any information you choose to post in these public areas.
2. Ability to Unsubscribe. If you receive promotional emails from us, you may “opt out” of receiving additional promotional communications by following the unsubscribe instructions in the emails. You may also contact us directly at Tramarkify Business LLC. Please note that this opt-out applies to promotional communications and not to administrative communications that we consider necessary to provide the services on the Website.
3. Cookies.
Opting out of Cookies. Certain cookies used by Tramarkify are strictly necessary for the functionality of our Website. Other cookies, related to marketing, functionality, and analytics, may be opted out of by clicking “Privacy Settings” in the footer of the Website. Opting out of certain cookies may affect the functionality of the Website.
4. Do Not Track Requests. We do not currently have a mechanism to respond to “Do Not Track” requests.
5. Sharing with Business Affiliates. We do not automatically share your personal information with third-party business affiliates without your consent, except for the disclosures necessary to provide services on our Website. Disclosures to third-party business affiliates are only made through your affirmative actions by indicating on the Website that you are interested in third-party services. To prevent the disclosure of your personal information to these affiliates, simply do not opt-in for the service.
6. Access and Correction of Your Information. If you have created an online account with us and wish to update your information, you can access your account to view and update your details. You may also contact us as described in Section XIV. Contact below.
7. Notice to California Residents. Residents of California have the following rights concerning your personal information:
The right to request that we disclose to you the categories of personal information we have collected about you, specific pieces of personal information collected about you, the sources of that personal information, the commercial purpose for collecting your personal information, and the categories of third parties to whom personal information is disclosed. You also have the right to direct us to disclose your personal information to another entity.
The right to request that we delete any personal information we have collected from you. We may deny this request if the personal information is necessary to complete a transaction, detect security incidents, debug products, exercise free speech, comply with the California Electronic Communication Privacy Act, engage in research for public benefit, enable internal uses aligned with consumer expectations, or comply with legal obligations.
The right to request that we correct any inaccurate personal information we have about you.The right not to be discriminated against for exercising your consumer rights.
We do not sell your personal information. We do not share your personal information for cross-context behavioural advertising. If we begin to sell or share your personal information for cross-context behavioural advertising in the future, California residents will have the option to opt out. Any California resident may exercise their rights by submitting a request via email to privacy@tramarkify.com. Your request will not be processed until your identity has been verified.
Notice to Residents in the EEA and the UK. Residents in the EEA and the UK have the following rights with respect to your personal information that we retain:
- The right to correct, update or request deletion of your personal data;
- The right to object to processing of your personal data;
- The right to ask us to restrict processing of your personal data;
- The right to request portability of your personal data;
If we have collected and process your personal data with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
The right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
Any resident of the EEA or UK may exercise their rights by submitting a by submitting a request on privacy@tramarkify.com. So that we can better process your request, please provide the email you use to log into your account and the country where you reside in your request.
Legal Rights. We do not automatically share your personal information with third-party business affiliates without your consent, except for the disclosures we make necessary to provide the services of our Website. Disclosures to third-party business affiliates are only made through your affirmative actions by indicating on the Website that you are interested in third-party services. To prevent the disclosure of your personal information to these third-party business affiliates, do not opt-in for the service.
If you wish to exercise legal rights you may have under applicable law; please submit a request on privacy@tramarkify.com. So that we can better process your request, please provide the email you use to log into your Tramarkify account. If you do not have a Tramarkify account, please provide the email you used to make requests or to use our Website.
XIII. Revisions
This Privacy Policy is subject to occasional changes at our discretion. We will post any such changes to this page and may otherwise post other alerts on the Website or communicate such changes through email. If you disagree with any such changes, please cease using the Website. Continued use following the posting of any such changes indicates your acceptance of the changes. If we make any changes to this Privacy Policy that materially impact previously collected personal information about you, we will make reasonable efforts to provide notice and obtain consent to any such changes as may be required by law.
XIV. Minors
Minors under the age of 16 are not permitted to use the Website. We do not knowingly collect information from children under 16 years of age. Additionally, we advise that users aged 16 to 18 obtain parental permission before providing any personal information online. If you become aware that your child or a minor under your care has provided us with information without your consent, please contact us using the details provided in Section XV. CONTACT BELOW.
XV. Contact
If you have any questions or concerns about this Privacy Policy or how your personal information is being used, please contact us at privacy@tramarkify.com.