Privacy Policy

SitePen, Inc. (collectively “SitePen”, “we,” “us,” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy. This Privacy Policy governs each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the SitePen website; any other websites through which SitePen makes the SitePen website available (collectively, “Site”); and all associated services offered by SitePen, including, but not limited to, the TSCONF.io and Milestone Mayhem.com websites (hereinafter collectively, the “Services”), whether as a guest or registered user. The Site and Services are hereinafter collectively referred to as the “Platform.” This policy describes the types of information we may collect from you or that you may provide when you visit the Platform, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect: 1) On this Platform; 2) In e-mail, text and other electronic messages between you and this Platform; 3) Through mobile and desktop applications you download from this Platform, which provide dedicated non-browser-based interaction between you and this Platform; and/or 4) When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by us offline or through any other means, including on any other websites operated by SitePen or any third-party (including our affiliates and subsidiaries), or any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform. See our contact page to contact us. To ask questions about this Privacy Policy or our privacy practices, please contact us at hello@sitepen.com.

Collection of Personal Information

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

1. by which you or your business may be personally identified, such as name, social networks, postal address, e-mail address, telephone number, business documentation, employment information, background information, and any other identifier by which you may be identified or contacted online or offline (“personal information”);
2. that is about you but individually does not identify you (i.e. aggregated or de-identified information); and/or
3. about your internet connection, the equipment you use to access our Platform and usage details.

We collect this information:

1. directly from you when you provide it to us;
2. automatically as you navigate through the site (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or
3. from third-parties, for example, our business partners, including marketing and SEO services, payment processors and/or service providers, and website analytics services.

Information You Provide to Us

The information we collect on or through our Platform may include:

1. Information that you provide by filling in forms on our Platform. This includes information provided at the time of subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Platform;
2. Records and copies of your correspondence (including e-mail addresses), if you contact us;
3. Your responses to surveys that we might ask you to complete for research purposes; and
4. Details of transactions you carry out through our Platform. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your Account, please be aware that no security measures are perfect or impenetrable.

Information We Collect through Automatic Data Collection Technologies

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: 1) Details of your visits to our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform; and/or 2) Information about your computer and internet connection, including your IP address, operating system and browser type. We also may use these technologies to collect information about your online activities over time and across third-party Platforms or other online services (behavioral tracking). The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

1. Estimate our audience size and usage patterns;
2. Store information about your preferences, allowing us to customize our Platform according to your individual interests. Speed up your searches; and
3. Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We (and our business partners) may use both first party cookies (such as Google Analytics) and third party cookies (such as advertising cookies) to collect information as described in this Privacy Policy. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform;
2. Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies; and/or
3. Web Beacons. Pages of the Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Platform statistics (for example, recording the popularity of certain Platform content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information: 1) To present our Platform and its contents to you; 2) To provide you with information, products or services that you request from us; 3) To fulfill any other purpose for which you provide it; 4) To provide you with notices about your account/subscription, including expiration and renewal notices; 5) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; 6) To notify you about changes to our Platform or any products or services we offer or provide through it; 7) To allow you to participate in interactive features on our Platform; 8) In any other way we may describe when you provide the information; and/or 9) For any other purpose with your consent. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at hello@sitepen.com. We may send you certain service and administrative notices regarding your purchased services, which are not subject to opt out.

Information Sharing

We do not sell personal information. To provide the Services, we share personal data with service providers who are contractually obliged to comply with all applicable laws and who can only access the Personal Data required for them to provide the relevant Services. The following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide the Site and the Services: We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

1. To our subsidiaries and affiliates;
2. To contractors, service providers and other third-parties we use to support our business;
3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of SitePen’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by SitePen about our Platform users is among the assets transferred;
4. To third-parties to market their products or services to you if you have consented to or not opted out of these disclosures;
5. To other users of the Platform, if needed for legal actions or law enforcement;
6. To fulfill the purpose for which you provide it; and/or 6) For any other purpose disclosed by us when you provide the information; and/or
7. With your consent.

We may also disclose your personal information: 1) To comply with any court order, law or legal process, including to respond to any government or regulatory request; 2) To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes or legal disputes; and/or 3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SitePen, our customers or others. Content and associated data you submit may be displayed in public and private areas of the Site, except that Content and associated data submitted in connection with Services will be used only per the relevant Services agreement.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Platform and visiting your Profile and account settings pages. You may also send us an email at hello@sitepen.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Service.

Links

The Site and Content on it may contain links to other sites and resources controlled by third parties. We are not responsible for the privacy practices or content of these other sites or resources, and you should consult the privacy statements of such other sites and resources.

Data Security

We have implemented measures designed to secure your personal information and messages from accidental loss and from unauthorized access, use, alteration and disclosure. Any online payment transactions will be encrypted. The safety and security of your information and messages also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Platform. The information you share in public areas may be viewed by any user of the Platform. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information and messages, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information and messages is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

Changes to this Policy

We may amend this Privacy Policy, including the use of your information for new, unanticipated purposes, at any time by posting a revised version on the Site, and/or sending information regarding the amendment to your email address in our records. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use the Site and/or the Services after such amendments have been posted or information regarding such amendments has been sent to you. If you do not agree with any of such changes, you may immediately cease all access and use of the Site and/or the Services. You agree that such termination will be your exclusive remedy in such event.

California and EU Users

This section applies to the extent the California Consumer Privacy Act (CCPA) or EU General Data Protection Regulation (GDPR) applies to you and your data.

Privacy Rights

You have the rights described below with respect to your Personal Data that we process. These rights apply equally to EU and California users. To exercise any of your rights below, please send an e-mail to hello@sitepen.com or call +1-650-968-8787.

• Right to Withdraw Consent. You may withdraw your consent to our processing of your Personal Information. Doing so will prevent us from providing any Services.
• Right to be Forgotten. You have the right to request your Personal Information be erased. You must delete your Account before we can process this request.
• Right of Access. You have the right to know if we are processing your Personal Information (if you have an Account, we are, as described in the Privacy Policy) and what information about you we possess.
• Right to Modify. You have the right to request your Personal Information be changed if it is not correct. In many cases you can do this yourself in the “Settings” or “Account” sections of the App.
• Right to Restrict Processing. You have the right to request the processing of your Personal Information be restricted. This may restrict or prevent the provision of the Services.
• Right to Portability. You have the right to request a copy of your Personal Information.
• Right to Object. You have the right to object to the processing of your Personal Information.
• Right to Lodge a Complaint You have the right to lodge a complaint at any time with the applicable supervisory authority.
• Right to Opt Out. You have the right to opt out of the sale of your Personal Information. We do not sell Personal Information to third parties.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (for purposes of this “California and EU Users” Section, “personal information”). Personal information does not include: Publicly available information from government records; de-identified or aggregated consumer information; information excluded from the CCPA’s scope, like: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. In particular, we have collected, disclosed to third parties, and sold the following categories of personal information from consumers within the last twelve (12) months. Disclosures of Personal Information are

Category	Examples	Collected	Disclosed	Sold
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES	NO	NO
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES	NO	NO
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO	NO	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	NO	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	NO	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	YES	NO
G. Geolocation data.	Physical location or movements.	YES	YES	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	NO	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES	NO	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	YES	NO	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO	NO	NO

International Users

The Site is hosted and the Services are provided in the United States of America. If you are accessing the Site or Services from the European Union, Asia, or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure, which differ from United States laws, please be advised that through your use of the Site and the Services, you are transferring your personal information to the United States of America and you consent to that transfer.

Children Under the Age of 16

The Site is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at hello@sitepen.com. Effective date of this version: January 1, 2021