1. What this policy covers
2. Information we collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in three ways:
- Information you provide to us;
- Information we collect automatically; and
- Information we collect from other sources.
We provide further detail below.
2.1 Information you provide to us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples.
Registration information: we ask for basic information from you in order to set up your account - for example, your name and email address.
Transaction and billing information: if you buy something from us, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
Content information: in connection with using the Services, you may generate content that provides us with additional information about you.
Credentials: in connection with using the Services, you may provide us with credentials for your website (like SSH, FTP, and SFTP username and password).
Communications with us: you may also provide us information when you respond to surveys or communicate with us about a support question.
2.2 Information we collect automatically
We also collect some information automatically.
Log information: like most online service providers, when you use our Services we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information.
Usage information: we collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site–in other words, who did what, when and to what thing on a site (e.g., [username] subscribed to “[content]” at [time/date]). We also collect information about what happens when you use our Services along with information about your device (e.g., mobile screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
2.3 Information we collect from other sources
We may also get information about you from other sources. For example, if you connect your account to a third-party service provider, we may receive information from that service. The information we receive depends on which services you authorize and any options that are available. We may also get information from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes.
3. How we use your information
We use information about you as mentioned above and as follows:
- to provide our Services–for example, to set up and maintain your account, backup and restore your content, charge you for any of our paid Services, and provide you support for the Services;
- to further develop and improve our Services–for example by adding new features that we think our users will enjoy or find useful;
- to monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- to monitor and protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Memberful and others; and
- to communicate with you about offers and promotions offered by Memberful and others we think will be of interest to you, solicit your feedback, or keep you up to date on Memberful and our products.
4. How we share your information
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy.
- Affiliates, employees, and independent contractors: we may disclose information about you to our affiliates, our employees, and our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf.
- Third party vendors: we may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information) and those that help us understand and enhance our Services (like analytics providers).
- As required by law: we may disclose information about you in response to a subpoena, court order, or other governmental request, to the extent required by law.
- To protect rights and property: to the extent permitted by law, we may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Memberful, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
- With your agreement: We may share and disclose information with your agreement or at your direction. For example, we may share your information with third parties where you authorize us to do so.
- Aggregated and de-identified information: we may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
- Publish support requests: if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
- 4.1 Information you share publicly
- Information you decide to publish on your website is publicly available, and may be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
5. Our commitment to protecting your information
Our customers may benefit from a number of rights in relation to their information that we process.
- If you would like to manage, change, limit, access or delete your personal data, account holders can do so via your Memberful account settings or individuals contact us at [email protected].
- In certain cases where we process your information, you may also have a right to restrict, or object to, the ways in which we use your personal data. You may request this by contacting us at [email protected].
- You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
For more information about our commitment to data protection, please see the Memberful Data Protection Policy. And for more information on our commitment to security, please see our Security Policy.
6. Transferring your information
Memberful is a worldwide service. By accessing or using the Services or otherwise providing information to us, you agree to the processing, transfer to, and storage of information in the U.S. and other countries.
6.1 Contractual protections
Where appropriate, Memberful’s transfers of personal data of individuals in the EEA, the United Kingdom and Switzerland outside of those locations are performed based on contractual obligations placed on the recipient of the personal data.
6.2 Privacy Shield Principles and Framework
Memberful complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union (including all EEA countries), the United Kingdom, and Switzerland to the United States. We do not rely on the EU-US or Swiss-US Privacy Shield as our lawful basis to transfer personal data from the European Union, EFTA States, or the United Kingdom, however.
Memberful is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Memberful complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Memberful is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Memberful may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the Privacy Shield Principles, Memberful commits to resolve complaints about our collection or use of your personal data. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Memberful at [email protected].
Memberful has further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint (free of charge). To facilitate fast and convenient resolution of complaints, you agree to participate in online dispute resolution through JAMS Online Mediation (Endispute).
If your Privacy Shield complaint is not satisfactorily addressed, and your complaint involves human resources data transferred to the United States from the EU in the context of the employment relationship, Memberful commits to cooperate with the panel established by the EU data protection authorities (DPA Panel) and to comply with the advice given by the DPA Panel with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Under certain conditions, Privacy Shield provides the right to invoke binding arbitration when other dispute resolution procedures have not provided resolution. This is described in Annex I to the Privacy Shield.
7. Compliance with California privacy laws
Memberful is subject to the California Consumer Privacy Act (CCPA). The CCPA allows California residents to request access to the specific pieces and categories of personal information (as defined) that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared.
Memberful provides California residents and all users with the right to view, access, transport or delete their information by contacting [email protected].
Under California’s “Shine the Light” law (Civil Code section 1798.83), California residents have certain rights regarding the disclosure of their information to third parties for their own direct marketing purposes. Memberful’s policy is not to disclose your information to third parties for the third parties’ direct marketing purposes if you have exercised your option to prevent that. If you wish to not have your personal information shared for those purposes, you may request that we delete your personal data by following the steps outlined above.
8. Our customers’ end users
If you are a visitor of a Memberful Enabled Site, this section applies to you only.
You can get more information about Memberful by visiting the ‘about Memberful’ section of our support site. Memberful assists its users/customers in providing their end users with a better experience and service as well as assisting them in diagnosing technical problems and analyzing user trends. Most importantly, through Memberful’s Services, the functionality of the Memberful Enabled Site can be improved, making them more user-friendly, more valuable, and simpler to use for the end users.
Memberful has no direct relationship with the end users whose personal data it processes. An individual end user who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Memberful customer (the data controller) whose Memberful Enabled Site you are using. If we are then requested to remove data by the Memberful customer we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal data, or may need to retain your personal data in order to continue providing a service.
9. Additional information
9.1 Data Processing Addendum
Memberful’s Data Processing Addendum applies where and only to the extent that Memberful processes Personal Data on your behalf in the course of providing the Services and such Personal Data is subject to Data Protection Laws requiring such a contractual framework.
9.2 Minimum age of our customers
Our Services are not directed to children, and you may not use our Services if you are under the age of 13.
9.3 Storage of your information
Memberful stores your information until it is no longer necessary to provide our Services, or until you ask us to delete your information. We are also required to retain certain information in order to comply with local laws.
9.4 Inquiries and complaints
- June 5th, 2018: Added Human Resources section for Privacy Shield.
- May 20, 2018: Added Privacy Shield provisions in connection with the self-certification process.
- May 9, 2018: Adopted entirely new policy, primarily in response to GDPR.
- May 11, 2021: Updates to Privacy Shield framework provisions.
- April 20, 2022: Improvements to wording and structure, and updates reflecting changes in applicable law
- June 28, 2022: Improvements to wording on Privacy Shield Principles and Framework