INK CONTENT, INC.

Privacy Policy

Modified and Effective on September 29, 2023

INK Content, Inc. (the “Company” or “We”) has prepared this privacy policy (“Privacy Policy”) to explain to you how we collect, use, and share information we obtain through your use of our website or applications included therein including without limitation www.inkforall.com, www.smythos.com, content.app, blog.smyth.ai and SEO.app that are operated by or controlled by the Company (the “Site”) and online services (“Services”). This Privacy Policy only covers information collected through the Site and Services. We do not sell, rent or trade email lists with other companies for marketing purposes.

Please read this Privacy Policy, where we describe the Company’s privacy practices in relation to the Services, as well as individuals’ choices regarding their privacy rights under applicable data protection and privacy laws, such as the European Union Data Protection Regulation and the United Kingdom’s General Data Protection Regulation (collectively, “GDPR”), and U.S. State Privacy Laws, including, to the extent applicable, the California Consumer Privacy Act of 2018 (“CCPA”), the Colorado Privacy Act (“CPA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Utah Consumer Privacy Act (“UCPA”) (collectively “U.S. State Privacy Laws”).

If you have questions or complaints regarding the Company’s Privacy Policy or associated practices, please contact us at legal@inkco.co.

1. What is Covered by this Privacy Policy?

This Privacy Policy covers the Company’s information practices, including, to the extent applicable, addressing data subjects (which includes both individuals and households) whose Personal Information (as defined below) we:

1. receive from our customers in our Services as well as in the course of providing consulting services and customer support services;
2. receive directly through websites that link to this Privacy Policy and our Site (collectively referred to as the “Sites”);
3. receive from our business partners;
4. receive from individuals for event, webinar, and other registrations; or
5. process to promote our Services.

2. What is Not Covered by this Privacy Policy?

Human Resources Personal Information. This Privacy Policy does not apply to the Personal Information of employees, job applicants (including Personal Information considered to be Applicant Information), contractors, business owners, directors, officers, and staff of the Company.

Personal Information We Process as a “Processor”. In some of the cases where we receive Personal Information from our customers in our Services, we do not decide why or how that Personal Information will be processed. To this end, if not stated otherwise in this Privacy Policy or in a separate disclosure, we process such Personal Information in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Personal Information concerned. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Privacy Policy. We will only access Personal Information to provide the Services that our customer has directed us to provide, or if we are required to do so by law.

When you give your Personal Information to one of our customers or when we collect your Personal Information on their behalf, our customer’s privacy policy, rather than this Privacy Policy, will apply to our processing of your Personal Information. If your Personal Information has been submitted to us by or on behalf of the Company customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s Personal Information upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Company customer who submitted your Personal Information to us. We will refer your request to that customer, and we will support them as needed in responding to your request within a reasonable timeframe.

Information Which Does Not Constitute Personal Information. If we do not maintain information in a manner that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household, such information is not considered Personal Information and this Privacy Policy will not apply to our processing of that information. Such information includes anonymous, aggregate statistics from web traffic to our Sites that we collect and analyze through web analytics software in order to understand our customers’ and visitors’ needs and to continually improve our Sites for them.

3. The Company’s Role With Respect to Your Personal Information

In the context of this Privacy Policy, we act either as a data controller or data processor for the Personal Information we process, depending on our relationship with you and with our customers. For example, we act as a data controller when we process your Personal Information when you contact us through our Sites or if we call you at your request. On the other hand, we generally act as a data processor in connection with the Services we provide to our customers.

4. Information You Choose To Submit

You can visit the Site without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual (such information, “Personal Information”). If, however, you wish to register to become either a free or a paid subscriber of the Services or comment in an article posted by us, you are required to provide certain Personal Information (e.g., your name and e-mail address), and, if applicable, you must sign-in to our Site with your Google, Facebook or O365 log-in information (“Required Information”). We use your Personal Information to fulfill your requests for Services, to improve our Services, to contact you from time to time about us and our products and services, and as otherwise described in this Privacy Policy. We may collect additional information about yourself if you choose to submit, such as information about your preferences and interests. If we combine non-personal information with Personal Information we will treat the combined information as Personal Information under this Privacy Policy. You also may choose to submit your alias, bio, email, photos or any other information that you would like to share with other users of the Services (collectively “User Contents” together with Personal Information, “Data”). You represent and warrant that you are the copyright owner or have the proper license to distribute and use the User Contents that you upload into our Services. 

As part of the Required Information and in order to provide the Services to you, we store all the content you provide, including but not limited to accounts created for team members, files, pictures, project information, and any other information that you provide to the Services you use. The Company also may collect certain information for auditing and license compliance verification, including data regarding the number of words or documents checked or processed, server IP addresses, email addresses of Users, domain counts and other information deemed relevant, to ensure that the Service is being used in accordance with the terms of the Software as a Service Agreement.

5. Information We Automatically Collect 

We and our third-party service providers (including any third-party content, advertising, and analytics providers) may automatically collect certain information from your device or web browser when you connect with the Site and your use of the Site and/or Services are automatically logged in our systems, the webpage you came from, the URL you go to next, the webpage(s) that you access during your visit and your interaction with content or advertising on the Site through the use of the Services (collectively, “Usage Data”), including the following information: 

• Location information. This is the geographic area where you use your computer and mobile device identifier or other unique identifier (as indicated by an Internet Protocol (IP) address or similar identifier) when interacting with our Site and/or Services. 
• Log data. As with most websites and technology Services delivered over the internet, our servers automatically collect data when you access or use our Site and/or Services and record it in log files. This log data may include IP address, browser and computer type, access time, information about browser configuration, language preferences, and cookie data.
• Device information. This is data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type) as well as unique device identifiers for devices that are using our Services. 
• Cookies. Data obtained from cookies is described in our Cookie section below.

We and our third-party service providers may use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Site and Services, to gather demographic information and to target advertising to you on the Site and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Site or through the use of the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.

6. Use of Cookies, Usage Data

We, and our vendors, analytics providers, and advertising service providers may use tracking technologies, such as cookies, local storage, and pixel tags. A “cookie” is a small file stored on your device that contains information about your device. We may use cookies and other commonly used information-gathering tools such as Web beacons to provide basic relevant ads, website functionality, authentication (session management), usage analytics (web analytics), and to remember your settings, and generally improve our Websites and Services.

7. Information We Receive From Other Sources 

We may supplement the information we collect with outside records in order to learn more about our users, to better tailor the content and offers we show you, and for other purposes. We may receive this information about you from third parties, including without limitation consumer data resellers and advertisers. We may combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to the combined information.

8. How We Use Your Personal Information

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf our Sites, or use certain other site features in the following way, including Personal Information and Usage Data:

• to enable you to use our Services, to create an account, to process information you provide via our Sites or Services (including verifying that your email address is active and valid) and to process your transactions;
• to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
• to provide you with information, products, or services that you have requested or that we otherwise believe will interest you, including special opportunities from us and our third-party partners, improve the features algorithms, and usability of our Sites, and/or Services; 
• to tailor content, recommendations, and advertisements we and third parties display to you, both on the Site and elsewhere online; 
• to calculate aggregate statistics on the number of unique devices using our Sites, Services and to detect and prevent fraud and misuse of those;
• for internal business purposes, such as to improve our Sites and Services;
• to administer and process contests, sweepstakes, and promotions;
• to contact you with administrative communications and, in our discretion, changes to our Privacy Policy, Terms of Use, or any of our other policies;
• to comply with regulatory and legal obligations; and
• for purposes as disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

9. Legal basis for processing your data

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

• Where you have provided consent for us to use your Personal Information.
• Where we need to perform the contract, we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Where the Company needs to collect and process Data by law, or under a contract that it has entered into with you, and you fail to provide the required Data when requested, the Company may not be able to perform its contract with you.

10. Social Network and Platform Integration 

The Sites may contain integration with social networks and other platforms in which information is shared between us and such platforms. For example, if you create or log into your account through a third party social media networks (“Social Media”), we will have access to certain information hosted at such Social Media site, such as your name, email address, account information, photo and friends lists, and other information in accordance with the authorization procedures determined by such Social Media privacy policy and your privacy settings in such Social Media site. You have control over our access to such data.  If you visit our Site on a device through which you also interact with Social Media networks or if you interact with us through a Social Media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, and the people/sites you follow). Please review the Social Media platform to determine their data collection practices. If you want the Social Medial to neither collect your information nor share it with us, please review their privacy policy, privacy settings and instructions on the applicable Social Media platform before you visit and use our Services. We do have social networks integrations (i.e. sharing buttons) on our blog at https://blog.inkforall.com and we might have similar buttons on our website https://inkforall.com. You have control over sharing such data with any Social Media.

11. Our Information Sharing Practices

Business Partners. 

From time to time, the Company may partner with other companies to jointly offer products, services or programs (such as webinars or downloadable content) such as our channel partners to fulfill product trials and information requests and provide customers and prospective customers with information about the Company and its products. To do this, we may pass your information to them for that purpose only, and they are prohibited from using that information for any other purpose. The Company does not share Data about the Company attendees with business partners unless: (1) you specifically opt in to such sharing via an event registration form; or (2) you attend a Company event and allow the Company or any of its business partners to scan your attendee badge. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms and elect not to have your badge scanned at the Company events.  If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective Privacy Policy. The Company sometimes hires vendor companies to provide limited services on our behalf, including sending postal mail, providing technical support, and processing event registrations. We provide those companies only the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Third Parties.

Section 5 – cookies of this Privacy Policy specifically addresses the information we or third parties collect through cookies and web beacons, and how you can control cookies through your Web browser. We may also disclose your personal information to any third party with your prior consent.

Service Providers.

The Company may share Data about the Company website visitors, customers and webinar attendees with the Company’s contracted service providers so that these service providers can provide services on our behalf. These service providers are authorized to use your personal information only as necessary to provide the requested services to us.  Without limiting the foregoing, the Company may also share Data about the Company website visitors, customers and webinar attendees with the Company’s service providers to ensure the quality of information provided, and with third–party social networking and media websites, such as Facebook, for marketing and advertising on those websites. Unless described in this Privacy Policy, the Company does not share, sell, rent, or trade any information with third parties for their promotional purposes.

Billing.

The Company uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on the Company’s behalf.

Compelled Disclosure.

The Company may also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of a business of the Company and/or its subsidiaries or to (1) conform to legal requirements or comply with legal process served on the Company or this website; (2) protect and defend the rights or property of the Company and this website; (3) enforce its agreements with you, or (4) act in urgent circumstances to protect personal safety or the public. In individual instances, the Company may also share with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Data.

Any Data or other information you choose to submit in communities, forums, blogs or chat rooms on our Sites may be read, collected and used by others who visit these forums. If you identify any User Content as public, you are authorizing us to share such information publicly. For example, you may elect to make certain of your User Contents (such as your alias, bio, email or photos) publicly available. By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any information that you post to those areas.

12. Users Residing Outside of the United States and Consent to Transfer

The Services are operated in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to and processed in the United States. By using the Site or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen.

13. For EU, UK and Swiss Individuals: EU-U.S. Data Privacy Framework, Swiss-U.S. Data Privacy Framework and UK Extension to the EU-US Data Privacy Framework

The Company complies with the principles of the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework (collectively, the “Data Privacy Framework”) as set forth by the U.S. Department of Commerce. The Company has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles with regard to the processing of Personal Information received from the European Union in reliance on the EU-U.S. Data Privacy Framework and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. Data Privacy Framework and Annex I of the Principles to the European Union and/or the European Commission, EU DPAs, and EU individuals should generally be understood as referring respectively to the United Kingdom and/or the UK Government, the ICO and, as applicable, the GRA, and UK individuals (i.e., as consistent with relevant differences between the United Kingdom and, as applicable, Gibraltar and the European Union). The Company has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles with regard to the processing of Personal Information received from Switzerland in reliance on the Swiss-U.S. Data Privacy Framework.  If there is any conflict between the terms in this Privacy Policy and the EU-U.S. Data Privacy Framework Principles and/or the Swiss-U.S. Data Privacy Framework Principles, the respective Principles shall govern.

You can learn more about the Data Privacy Framework Principles here, and our certification information here.

In compliance with the Data Privacy Framework Principles, the Company commits to resolve complaints about your privacy and our collection or use of your Personal Information transferred to the U.S. pursuant to Data Privacy Framework. EU, UK, and Swiss individuals with Data Privacy Framework inquiries or complaints should first contact the Company at legal@inkco.co. The Company has further committed to refer unresolved Data Privacy Framework complaints covering non-Human Resource Personal Information under the Data Privacy Framework to BBB EU Data Privacy Framework, an alternative dispute resolution provider located in the U.S. If you do not receive a timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/bbb-eu-privacy-shield-consumers/ProcessForConsumers for more information or to file a complaint. The services of BBB EU Data Privacy Framework are provided at no cost to you. 

Contact details for the EU data protection authorities can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en. 

If your Data Privacy Framework complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf 

The Company is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. The Company may be required to disclose Personal Information that we handle under the Data Privacy Framework in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Pursuant to the Data Privacy Frameworks, EU, UK and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You also have the right to correct, amend, or delete the personal information we hold about you if incorrect or not processed in compliance with the Data Privacy Principles. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Frameworks, should direct their query to legal@inkco.co. If requested to remove data, we will respond within a reasonable time frame.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than the parties listed in this Privacy Policy, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request at legal@inkco.co. 

The Company’s accountability for Personal Information that it receives in the United States under the Data Privacy Framework and subsequently transfers to a third party is described in the Data Privacy Principles. In particular, the Company remains responsible and liable under the Data Privacy Principles if third-party agents that it engages to process the Personal Information on its behalf do so in a manner inconsistent with the Data Privacy Principles, unless the Company proves that it is not responsible for the event giving rise to the damage.

Please note that the Company also receives some data via other compliance mechanisms, including data processing agreements based on the EU Standard Contractual Clauses or UK International Data Transfer Agreement or UK International Data Transfer Addendum to the European Commission Standard Contractual Clauses for International Data Transfer. 

14. For EU, Swiss and UK Individuals: Your Rights Under GDPR and UK Data Protection Law.

If you reside or otherwise find yourself in the territory of Europe or in the UK, we are committed to facilitate the exercise of your rights granted by the EU General Data Protection Regulation and any applicable UK data protection regulation. Otherwise, you can contact us at legal@inkco.co  at any time to discuss your privacy concerns. Privacy rights under the EU General Data Protection Regulation and UK Data Protection Law include:

Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or concerns you can contact us any time.

Right of access, objection, restriction of processing, erasure, and portability. You also have the right to withdraw your consent at any time when we process your Personal Information based on your consent. To exercise these rights, please contact us. Requests to access, change, or delete your information will be addresses within a reasonable timeframe. Please note that if you have registered for an account with the Company, you may generally update your user settings, profile, organization’s settings or event registration by logging into the website or Services with your username and password and editing your settings or profile. 

Right to opt-out to direct marketing. You have the right to opt-out at any time to receiving marketing materials from us by following the opt-out instructions in our commercial emails, by contacting us, or by adjusting your preferences under your profile details on the Company Site. Please note that we reserve the right to send you other communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them.

Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your Data in our Site or in our Services. We use cookies and similar technologies on our Site to personalize your experience on the Company Site and recommending software products and services that may be of interest to you. 

Right to lodge a complaint with a supervisory authority. If you consider that the processing of your Personal Information infringes your privacy rights according to the General Data Protection Regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement. Contact details for the EU data protection authorities can be found at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. 

15. How to Exercise Your Rights

To exercise your rights, please contact us by using the information in the “Contact Us” section 22 below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles.

As described above, we may also process Data submitted or collected by a third party. To this end, if not stated otherwise in this Privacy Policy or in a separate disclosure, we process such Data in the role of a mere processor on behalf of a customer (and/or its affiliates) who is the responsible controller of the Data concerned. We are not responsible for and have no control over the privacy and data security practices of our customers or such third parties, which may differ from those set forth in this Privacy Policy. If your data has been submitted to us by or on behalf the Company customer (or user) and you wish to exercise any rights you may have under applicable data protection laws, please inquiry with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Company customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

16. Choice/Opt-Out From Communications

We offer you the opportunity to manage your communications from us. Even after subscribing to one or more newsletters and/or opting in to one or more offers to receive marketing and/or promotional communications from us or our third-party partners, users may elect to modify their preferences by emailing legal@inkco.co. Please be aware that if you wish to remove yourself from a newsletter and/or other marketing emails from third parties that you consented to through the Services, you must do so by contacting the relevant third-party. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements or security information. 

17. Retention Periods and Deletion 

The Company retains your personal information to the extent necessary to reasonably serve customer relations, to meet our compliance and legal obligations, to enhance security and fraud prevention, and for audit purposes. For example, we may retain your information during the time in which you have an account to use our Site or Services and for a reasonable period of time afterward. We may also retain your information during the period of time needed for Us to pursue our legitim business interest, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements. We determine the appropriate retention period for the data on the basis of the amount, nature and sensitivity of your data processed, the potential risk of harm from unauthorized use or disclosure of your data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

If you would like to modify or delete from our database any Personal Information you previously submitted to us, please let us know by emailing  legal@inkco.co. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request, and that if you delete certain information you may not be able to order services in the future without re-submitting such information. 

18. Security 

We take precautions including organizational, technical and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the Data we process or use. For example, when you submit any form requiring registration, we use a secure server. The secure server software (SSL) helps protect your information as it travels over the Internet by encrypting that information before it is sent to us. Please note that while we have implemented industry-standard security mechanisms and procedures to protect data from loss, misuse and unauthorized access, disclosure, alteration and destruction, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of websites after your sessions.

19. Links to Other Websites and Public Forums

The Services may contain links to other websites that we do not control, and the Services may contain videos, advertising and other content hosted and served by third parties. We are not responsible for the privacy practices of any third-party. Those websites are not governed by this Privacy Policy, and if you have questions about how a website uses your information, consult that website’s privacy policy. This privacy policy applies solely to personal information provided directly to the Company in furtherance of our business relationship. Portions of this website may also make chat rooms, forums, message boards, and/or news groups available to visitors. Please remember that any information that is disclosed in these areas becomes public information and exercise caution when deciding to disclose any personal information.

20. Children’s Privacy 

The Services are intended for a general audience and are not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under the age of 13.

21. Changes 

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements and other factors. If we do, we will update the “effective date” at the top of this Privacy Policy. If we make a material change to the way in which we treat Personal Information, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our Site or by contacting you using the email address you provided. 

We encourage you to periodically review this Privacy Policy to stay informed about out collection, processing and sharing of your personal information.

22. Contact Us

If you have any questions about this Privacy Policy, please feel free to contact us by email at legal@inkco.co.