Updated March 1, 2024

This Privacy Policy (the “Policy”) governs how Zagmo Corporation, a Delaware corporation dba Memyard (“Memyard”, “we,” “our” or “us”) use, collect, and store information we receive from or about you. access to and/or use of the Memyard platform and (the “Platform”) and website (collectively, the “Services”).

ACCEPTANCE OF TERMS

The Services are offered subject to this Policy, and is a part and incorporated in and by reference to the Terms of Use (the “Terms”). Capitalized terms not defined in the Policy have the meaning set forth in the Terms.

ARBITRATION NOTICE

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE SET FORTH IN THE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

CHANGES

We may make changes to this Policy in our sole and absolute discretion. We will notify you of any changes to this Policy by posting the updated Policy on Memyard’s website and/or the Services, and we will revise the “Updated” date above. Any changes to this Policy are incorporated herein. It is your responsibility to review this Policy frequently and to remain informed of any changes to them. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on Memyard’s website and/or Services. If you do not agree with the changes and/or modifications, you must not use the Services after the effective date of the changes. The then-current version of this Policy supersedes all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your agreement to such Policy.

Purpose

This Policy explains how Memyard collects, uses and shares information about you when you interact with Memyard, including through our Services, and the limitations of our responsibility for your use of the Services. It lets you know what rights and choices you have regarding our use of your information and how you can access and update that information should you wish to do so.

Scope Of This Policy

When this Policy applies:

Use of the Services, and other applications that link to this Policy. This includes Account Information (as defined below) and other information we collect in connection with your registration or authentication into our Services. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received.

When this Policy does not apply – Third party websites and applications:

Our website may contain links to other websites and applications. The information practices and the content of such other websites and applications are governed by the privacy policies of such other websites and applications. We encourage you to review the privacy statements of any such other websites and applications to understand their information practices.

When this Policy does not apply – User-directed information:

This Policy does not apply to security and privacy practices in connection with Content.  Please see the Terms for information regarding Content as defined therein.

Types of Information

Memyard collects information that you provide when you communicate directly with Memyard, for example when you:

  • request information or materials about Memyard or the Services
  • fill out a form
  • create an account
  • order the Services
  • pay for use of the Services
  • request support
  • apply for a job
  • participate in any interactive events in summits, conferences and any event where Memyard is given the right to collect attendee information.
  • communicate with Memyard via third party social media sites (e.g. Facebook, Twitter, LinkedIn)
  • use the Services offered by Memyard

When communicating with Memyard for the above or any other purposes, the types of information you may voluntarily provide may include:

  • first name and surname
  • user name and password
  • telephone number
  • email address, including the one used to access Google Drive
  • transaction and payment information, including credit card, billing and delivery information;
  • employer name and job title
  • Google profile picture
  • Google language settings
  • any other information or content necessary to populate your Memyard account, or submitted when using the Services

Additionally, Memyard may automatically collect information about you, including

  • Usage Information. Memyard may collect information regarding how you access, use or interact with the Services such as:
  • Log and Device Information. Memyard may collect information sent by your browser, computer or device such as:
    • your IP address
    • your general location
    • the type of browser, computer or device you use
    • technical information about the means of connection to the Services (for instance, the operating system, user settings, the internet service provider utilized and other similar information)
    • the page that led you to our website 
    • the search terms you typed into a search engine that led you to our website 
  • Cookies and Other Tracking Technologies. Memyard may use cookies and other tracking technologies to gather information for a variety of purposes. These mechanisms may provide us with personal information, information about devices and networks you utilize to access the Services, and other information regarding your interactions with the Services, such as monitoring your interaction with the website. Memyard may also use cookies to help improve the Services, improve and customize your experience and preferences, allow you to access and use the Services without re-entering your user ID and/or password, understand which areas and features of the Services are most popular, and count visits. Please see our cookie policy.
  • Web and Email Beacons. Memyard may use web beacons, tags and scripts through the Services, or in email or other electronic communications sent to you. These help Memyard deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. Memyard may receive reports based on the use of these technologies by our Third Party Providers on an individual and/or aggregated basis.
  • Local Shared Objects. Memyard may use Local Shared Objects (LSOs) such as HTML 5 to collect and store information in order to provide certain features on the Memyard website. Third parties with whom Memyard may partner may also use LSOs in order to provide certain features on the Memyard website or to display advertising based upon your web browsing activity.

How Memyard Uses Your Information

Memyard may use the information that we collect or obtain from you to:

  • administer, operate and provide you with the Services
  • provide you with all Services-related sales support (including processing orders, billings and payments, setting up the Services, and advising on account status)
  • provide you with technical support
  • provide you with requested information and materials
  • improve the Services, which may include diagnosing problems, developing new features and services, and responding more efficiently to service requests and support needs
  • detect, investigate and prevent fraud or other activities that may violate applicable laws or Memyard’s policies
  • detect, investigate and prevent activities that may threaten the security, integrity or availability of Memyard’s or another party’s products or services, systems and services
  • send you emails and other communications providing you with information and updates pertaining to your services subscription and use of the Services
  • send you emails and other communications responding to inquiries, questions and/or other requests initiated by you
  • send you promotional emails, newsletters, information and materials about Memyard and the Services
  • perform the activities described in this Policy
  • act pursuant to your consent for a specific purpose not stated in this Policy, such as posting your testimonial along with your name on the Memyard website

Sharing Your Personal Information

Memyard will not share, sell or disclose your information with any third parties except as described in this Policy or in connection with providing the Services. Memyard may share your information as follows:

  • Vendors, Consultants Other Service Providers. Memyard may share your information with vendors, consultants and other service providers who are working on Memyard’s behalf and require access to your information to perform such work. Such parties are authorized to use your information only as necessary to provide their services to Memyard, or the Memyard Services to you, and are not permitted to use your information for their own purposes.

Third party service providers may include companies that provide:

  • Hosting services
  • Billing or payment processing services
  • Customer support and engagement
  • Notification or communication services
  • Authentication services
  • and anti-fraud services
  • Analytics and assistance in the use, improvement or optimization of our website or Services
  • Necessary or Authorized Disclosures. Memyard may disclose your information to a third party:
  • if Memyard believes disclosure of such information is appropriate to comply with any applicable law, rule, regulation, legal process or government request;
  • to implement, perform or enforce our agreements, terms of service or policies;
  • to protect the security or integrity of the Services;
  • to protect Memyard’s or others’ rights, Memyard’s or others’ property, or Memyard’s or others’ safety; or
  • with your prior consent or instructions
  • Business Transfers. Information that Memyard collects or obtains from you is considered a business asset. If Memyard merges with or is acquired by another company, or if all or a substantial portion of Memyard’s assets are acquired by another company, your information will likely be one of the assets that is disclosed during negotiations and transferred as part of the business transfer.
  • Memyard Affiliates. Memyard may share your information between or among Memyard and all current and future parents, affiliates, subsidiaries or other companies under common control and ownership of Memyard, who may act for us for any of the purposes set out in this Policy

Aggregated or Anonymized Data

Memyard may share and publish aggregated information that does not specifically identify you and is not linked to any of your personal information, such as statistical information about visitors to Memyard’s website or statistical information about how Customers use the Services.

Your Rights and Choices

Memyard will retain your personal information for as long as your account is active or as needed to provide you with the Services. You may update, correct or delete your information by accessing your Memyard account and modifying your information, or by emailing Memyard at privacy@memyard.com. You may deactivate your Memyard account or the Services (subject to the terms of your agreement with Memyard) by emailing us at privacy@memyard.com. Please note, however, that Memyard will retain and use certain of your information as necessary to comply with Memyard’s legal obligations or for legitimate business purposes such as resolving disputes or enforcing Memyard’s agreements. Memyard may also retain cached or archived copies of Memyard’s information for a certain period of time.

California Privacy Rights

California residents who have established a business relationship with Memyard may request and obtain from Memyard, one time per calendar year, a list of third parties, if any, to which Memyard disclosed certain of their personal information for direct marketing purposes during the preceding calendar year and the categories of personal information shared with those third parties. 

If you are a California resident, you also have the right to:

  • request that Memyard disclose to you the categories of personal information collected about you, including the categories Memyard disclosed to a third party for a business purpose; the categories of sources from which the personal information is collected; the business or commercial purpose for collecting that information; the categories of third parties with whom Memyard shares that information; the actual personal information Memyard collected from you.  This enables you to receive a copy of the personal data Memyard holds about you.
  • request that Memyard delete any personal information collected from you. Note, however, that Memyard may not always be able to comply with your request of erasure for specific legal reasons and Memyard‘s need to keep appropriate archives for business operations. 
  • not be discriminated against for exercising any of the rights granted to you under the CCPA.

If you wish to exercise any of the rights set out above, please email privacy@memyard.com.

Protecting your information

Memyard maintains reasonable and appropriate technical and organizational measures to protect against the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information which may be stored, transmitted or otherwise processed on the Services. However, no security controls are 100% effective and no method of transmitting information over the internet or storing information is completely secure. Therefore, Memyard cannot, and does not, ensure, guarantee or warrant the security of any information, including your personal information. Memyard will make any legally required disclosure of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information. Such disclosure will be made without undue delay and as required by applicable data protection laws, consistent with the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfers

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

Memyard acknowledges the right of EU and Swiss residents to access their personal data pursuant to the EU-US and Swiss-US Privacy Shield Frameworks as applicable, and will comply with the (the “Principles”) as legally required. Individuals may exercise their rights under the Principles by emailing privacy@memyard.com.

As referenced in the Terms, the Services may not be used outside of the United States.

Age Clause

The Services are not designed for or marketed to persons under 18 years of age. Memyard does not knowingly collect or ask for information from such individuals. If you are under the age of 18, you must not the Services, or send Memyard any or your information. If Memyard learns that it has collected information from an individual under the age of 18, Memyard will take steps to delete such information from its files as soon as possible. Please contact privacy@memyard.com if you believe Memyard might have information from or about a person under 18 years of age.

Contacting us

If you have any questions concerns or complaints about the Memyard Policy or Memyard’s compliance with the Policy, or if you wish to exercise your rights, please email Memyard at privacy@memyard.com.