September 12th, 2012

OVERVIEW

MarkedUp, LCC. takes the privacy of our customers ("Customer" or "you" or "your") and their end users ("End Users") seriously. We recognize that privacy is an important issue, so we design and operate our services with the protection of your privacy in mind. This privacy policy ("Policy") explains how your personal information and information regarding your End Users is collected, used, and disclosed by MarkedUp, LLC. and its subsidiaries, and any parent and affiliated companies ("MarkedUp", "us" or "we") with respect to the services referred to in this Policy. This Policy applies to the websites provided by MarkedUp (collectively the "Sites") and the MarkedUp services outlined below (collectively, "MarkedUp Services"). This Policy does not apply to websites, applications or services that display or link to different privacy statements.

HOW WE COLLECT AND USE INFORMATION

Using MarkedUp services:

When you use MarkedUp Services, we may request information, including your first and last name, an email address and password, and your cell phone number to create your Customer account. We use such information to manage your account and to provide you with access to the MarkedUp Services. We may also use the information to notify you of updates to the MarkedUp Services and provide you with access to special promotions.

Via Email:

We place email links on the Sites to allow you to contact us directly. The information you provide, which may include personal information, is used to respond directly to your questions or comments. We may also file your comments to improve the Sites and MarkedUp Services, or review and discard the information.

Via MarkedUp Analytics:

MarkedUp Analytics provides information to you about how your End Users use their WinRT applications as well as how applications are performing across different devices. MarkedUp obtains this information as a result of data being sent to our servers from our software "agent" if embedded by you in an End User's WinRT application. The data collected by the agent may include: agent version, platform, SDK version, timestamp, API key (identifier for application), application version, Model, manufacture and OS version of device, session start/stop time, locale (specific location where a given language is spoken), time zone, and network status (WiFi, etc.). We generate our own unique user identifiers specific to each application that uses MarkedUp Analytics.

In addition, MarkedUp may collect the following data if you select the option for MarkedUp to collect and provide such data to MarkedUp: User ID (for your service), events, errors, diagnostic messages, in-app purchases, trial conversions, and page views. Finally, we see the IP address, device type, locale and timezone of the user through the HTTP request. MarkedUp uses this data to enable you to analyze your End Users and to create reports and/or metrics against which you can compare your user base. In addition, we may provide you with the option of exporting raw MarkedUp data to your servers such as timestamp, platform, event, and user ID. You can also record errors that occur in your applications and receive an export of data containing the error information.

MarkedUp Analytics Reports:

Your End User data collected via MarkedUp Analytics is presented to you to analyze your applications. In addition, aggregated and anonymous benchmark data that includes your End User data and all other Customers' End User data is provided as well. However, you (as well as other Customers) may opt-out of having End User data included in the benchmark data.

Using MarkedUp Windows 8 applications:

If you install and use any of MarkedUp's Windows 8 applications, we don't retain any user data beyond what's described in our privacy policy regarding MarkedUp Analytics.

Customer User of Data:

MarkedUp is not responsible for any use by Customers of any data about their End Users. End Users should review the Customers' policies to understand their use of End User data.

OTHER USES OF PERSONAL INFORMATION

MarkedUp may also use personal information collected from you for the following general purposes: (1) to fulfill your requests for MarkedUp Services; (2) to improve our Sites and MarkedUp Services; (3) to contact you to resolve problems; (4) to send you information about MarkedUp Services including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; (5) to communicate with you about products and services offered by MarkedUp and our selected partners; (6) to conduct research; and (7) to make the Sites easier to use by reducing the need for you to enter information.

THIRD PARTY TOOLS/ANALYTICS ON SITES

The Sites may also contain third party tracking tools from third party service providers, which may enable these third parties to analyze our Customers' information. While these third parties may have access to your personal information in connection with the performance of services for MarkedUp, they will not be permitted to use such information for any purpose other than providing their services.

HOW WE DISCLOSE OR SHARE INFORMATION WITH OTHERS

Except as described in this policy, MarkedUp does not rent, sell, or share personally identifiable information collected on the Sites or through the MarkedUp Services with other people or non-affiliated companies unless we have your consent, or under the following circumstances:

  1. with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
  2. to comply with laws or to respond to lawful requests and legal process;
  3. to protect the rights and property of MarkedUp, our agents, customers, users, and others including to enforce our agreements, policies and terms of use;
  4. in an emergency to protect the personal safety of MarkedUp, its customers, or any person;
  5. in connection with or during negotiation of any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.

We may also share aggregated or anonymized information in a form that does not directly identify you or your End Users with any third parties.

UPDATING YOUR INFORMATION AND CONTACT PREFERENCES

We provide you the mechanism to review and update your information through the Sites. If you wish to review or update your information, please visit www.markedup.com and login using the user name and password you created. Next, please select "your account," which can be found in the upper right corner of the screen. You have the ability to opt-out of receiving email communications from MarkedUp via your preference settings on your profile page. In addition, you can opt-out of receiving promotional emails from us by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.

Under California law, California residents who have an established business relationship with us may choose to opt-out of the disclosure of personal information about them to third parties for such third parties' direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy@markedup.com.

HOW WE PROTECT YOUR PERSONAL INFORMATION

MarkedUp uses reasonable efforts to help protect your personal information against unauthorized access and unauthorized alteration, disclosure or destruction. However, we cannot guarantee that your personal information will be absolutely protected. For example, your personal information may be affected by actions outside of our control, such as computer "hacking" and physical theft. You acknowledge that you provide your personal information at your own risk.

OUR POLICY REGARDING CHILDREN

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register on the Sites or for the MarkedUp Services. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information to us. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at privacy@markedup.com.

Our Customers may not use the MarkedUp Services in connection with any application labelled or described as a "Kids" or "Children" application and may not use the MarkedUp Services a) in connection with any application, advertisement or service directed towards children or b) to collect any personal information of children.

INTERNATIONAL TRANSFER

We may, in the process of providing services to you, transfer information that we collect about you or your End Users, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you or are your End Users are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information and permitting the transfer of information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you and your End Users, including personal information, as described in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. We will post all changes to this Privacy Policy on this page and will indicate at the top of the page the modified policy's effective date.

CONTACT US

If you have any questions or suggestions regarding this Privacy Policy, please contact us at privacy@markedup.com.


MarkedUp, Inc.
920 Santa Monica Blvd
Santa Monica, CA 90401