Privacy Policy

Privacy Policy

We at XMPie (“XMPie”, “we”, “us”, “our”) respect your privacy. This Privacy Policy (“Policy”) explains the privacy practices for our marketplace marketplace.xmpie.com (the “Marketplace”). It also describes the rights and options available to you with respect to your information.

The Marketplace an online resource designed to support XMPie users in the creation of personalized marketing projects. It features a store offering a library of uImage templates available for purchase and download by XMPie users.

XMPie, Inc. is the data controller for the for the data practices described in this Policy. We are located at 485 Lexington Avenue, 25th Floor, New York, New York, United States of America.

PERSONAL DATA WE COLLECT

Registration Information. When you register as a Marketplace user, we will collect and process your name, email address and the password you select.

Inquiry Information. If you send us an inquiry, we will collect and process your email address, name, contact information and the content of your inquiry.

Order Information. To place an order, we will process your email, name, contact information, billing information, shipping information and information about the products you wish to order. You may also optionally provide your telephone number.

Note that your payments are processed through third party payment processors: Shopify and PayPal. We do not store your card details.

When you visit our Marketplace, we will record and collect certain information in relation to your visit and use of the Marketplace including: IP address, approximated location based on your IP address, time and date of access, type of browser used, language use, links clicked and the web pages accessed. We refer to this data as “Analytics Information”.

HOW WE USE PERSONAL DATA

We will use your Inquiry Information to contact you about your inquiry and handle your inquiry. 

If you are located in the United States, we will process your email address to send you our marketing newsletter. If you are located outside the United States, we will process your email address to send you our marketing newsletter only if you asked to receive them, or as explained below.

We use Analytics Information to improve the Marketplace and enrich the content on the Marketplace. We also use the Analytical Information to adapt the Marketplace, its content, to users' preferences. Finally, we will use the Analytics Information to understand the market in which XMPie operates in and for managerial reporting and business planning.

We will share your personal information with our service providers, who assist us with the internal operations of the Marketplace and our business and in the fulfillment and shipping of your order. These companies are authorized to use your personal information only as necessary to provide these services to us and not for their own promotional purposes. We do not sell your personal information to third parties. Your personal information will be shared with Shopify and PayPal for the purposes set forth above in this paragraph.

If you have violated this policy or any other agreement you have with XMPie, abused your rights to use the Marketplace, or violated any applicable law. Your information will be shared with competent authorities and with third parties (such as legal counsel and advisors), for the purpose of handling of the violation or breach.

Cookies are text files, comprised of small amount of data, that are saved on your computer or other device (e.g. smartphone, tablet, etc.) when you use internet and visit various websites.

The information that the cookies maintain is read by the website you visit, during the session of your visit to the website (these are called ‘session’ cookies), and when you return to visit it again (these are called ‘persistent’ cookies).

We use the Cookiebot add-on to provide you more detailed information about the cookies we use (including their origin, purpose and expiration dates). It also enables you to control the use of marketing cookies, preference cookies and statistics cookies. Click here to access Cookiebot. You can change your mind at any time by enabling or disabling certain cookies or categories of cookies. However, you cannot disable the ‘necessary’ cookies because the website cannot operate without them. By enabling cookies, you give your consent to collect the data they are intended for.

We use cookies for a number of purposes, as briefly explained below. You can review additional information about the specific cookies we use in relation to each purpose, through the Cookiebot tool here.

Necessary. Cookies that are strictly necessary for the functioning of the Marketplace. The Marketplace cannot operate properly without these cookies. You can set your browser to block or alert you about these cookies, but some parts of the Marketplace may not function properly.

Preferences. Cookies that remember your choices when you use the Marketplace and allow the Marketplace to react by reflecting your preferences.

Statistics. Cookies that help us understand how you and other users interact with our Marketplace by collecting data that does not directly identify you.

Marketing. Cookies that track your use of the Marketplace and allow us to tailor content, both on and off the Marketplace, that we believe is relevant to you.

We retain personal data for the duration needed to support our ordinary business activities operating the Marketplace and interacting with customers.

Thereafter, we will still retain your personal information as necessary to comply with our legal obligations, bookkeeping requirements, resolve disputes, establish and defend legal claims and enforce our agreements.

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. For instance, our Marketplace use TLS and HTTPS and all traffic from/to the Marketplace is encrypted. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed, and you cannot expect that the Marketplace will be immune from information security risks.

The legal basis for collecting and processing your Inquiry Information is our legitimate business interest in responding to your inquiry and developing our customer leads.

The legal basis for collecting and processing your email address to send you our marketing newsletters is either is our legitimate interest in offering further products to existing customers (if you’ve placed an order with us), or your explicit consent (in other cases).

The legal basis for processing your Order Information for order fulfillment, billing and shipping is the performance of the contract for the sale of the ordered products to you.

The legal basis for processing your Order Information for record-keeping, to Marketplace adaptations, and for managerial reporting and business planning, is our legitimate interest in managing the Marketplace and, business development and planning.

The legal basis for collecting and processing Analytics Information is our legitimate interest in managing the Marketplace and, business development and planning.

The legal basis for sharing your information with competent authorities, or other third parties, if you violated the law or abused your rights to use the Marketplace, or breached the contract with us, is our legitimate interest in protecting our business from abuses and violation of law.

The legal basis for required disclosures of your information to a judicial, governmental or regulatory authority is our legitimate interest in protecting our business from abuses and violation of law, our compliance with legal obligations.

Information we collect from you will be processed in the United States and in Israel.

If you are in the EU, you have the following rights under the GDPR:

Right to Access your personal data that we process and receive a copy of it.

Right to Rectify inaccurate personal data we have concerning you and to have incomplete personal data completed.

Right to withdraw consent where our processing is based on your consent, namely, in processing your contact information to send you marketing messages.

Right to Data Portability, that is, to receive the personal data that you provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another service provider. Where technically feasible, you have the right that your personal data be transmitted directly from us to the service provider you designate.

Right to Object, based on your particular situation, to using your personal data on the basis of our legitimate interests. However, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise of defense of legal claims. You may also object at any time to the use of your personal data for direct marketing (newsletter) purposes, by simply opting out of our newsletters.

Right to Restrict processing your personal data (except for storing it) if you contest the accuracy of your personal data, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you opposes the erasure of the personal data and requests instead to restrict its use; if we no longer need the personal data for the purposes outlined in this policy, but you require them to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.

Right to be Forgotten. Under certain circumstances, such as when you withdraw your consent to our newsletters, you have the right to ask us to erase your personal data relating to that processing. However, we may still process your personal data if it is necessary to comply with a legal obligation we are subject to under laws in EU Member States or for the establishment, exercise or defense of legal claims.

If you wish to exercise any of these rights, contact us at marketing@xmpie.com.

Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in particular in the Member State of your residence, place of work or of an alleged infringement of the GDPR. For a list of EU data protection authorities, click here.

From time to time, we may change this Policy, in which case we post the updated Policy on the Marketplace. The latest version of the Policy will always be accessible on the Marketplace.