Privacy Policy

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Effective Date: January 28, 2019

Welcome to engageLively! engageLively, Inc. (“engageLively,” “we,” “us,” “our”) respects the privacy of our users. This Privacy Policy describes how we collect, use, and share certain information about you (“you,” “your,” “user”) in connection with our website, which is located at https://engagelively.com/ (“Website”) and our online platform (“Platform”) including our marketplace of content, templates, and interactives, collectively, the “Services.” It also explains your rights and choices with respect to such information and the steps you can take to protect your privacy.

Please read this policy carefully. By visiting or using the Services, clicking “I agree” or any other button indicating your acceptance of this Privacy Policy, or otherwise providing information to engageLively, you are consenting to the collection, use, and sharing of your information as described in this Privacy Policy.

Information that We Collect

We and our service providers collect a variety of information through the Services. We collect information from you directly when you provide it to us through the Services. We may also automatically collect certain information about you and your computer, smartphone, or other device when you use, access, or interact with our Services. This information includes, but is not limited to:

  • Account and profile information. We collect information when you create an account, such as your name, username, email address, and the password for your account. We may also allow you to voluntarily upload a profile photo.
  • Payment information. When you use the paid version of our Services, we collect your payment information through a third-party payment processor. This information may include your name, billing address, phone number, and credit card information.
  • Information you provide to us directly or through the Services. We collect information that you provide to us directly or through the Services, such as when you post information within the Platform or on our Blog, or when you communicate with us through the Services, such as through any “Contact” or “Help” feature on the Website or Services.
  • Information collected automatically. When you use our Services, we or our third-party service providers may automatically receive and record certain information. For example, this may include your device’s IP address, information about your use of the Services during your current session and over time (including the pages you view and the files you download), the date and time of your visit, how you interact with the Services including mouse movements and mouse clicks, links you click, searches conducted, the website visited before navigating to the Services, your software and hardware attributes (including browser and operating system type and version, device type, and device identifiers), and your general location inferred from IP address. To obtain such information, we or our third-party service providers may use the following technologies to recognize your device and collect information about your Services usage:
    • Server logs. When you use the Services, we automatically receive and record certain information from your computer (or other device) and your browser. To obtain such information, we may use server logs or applications that recognize your device and gather information about its online activity.
    • Cookies. We also use cookies on the Services. Cookies are small files that are stored on your device by your web browser. A cookie allows us to recognize whether you have visited before and may store user preferences or other information. We also use cookies for analytics purposes. If you are concerned about having cookies on your device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your device. However, if you choose to block or delete cookies, certain features of the Services may not operate correctly.
    • Web beacons, tags, pixels, and similar technologies. The Services or the emails that you receive from engageLively may use an application known as a “web beacon” (also known as a “tag” or “pixel”) and similar technologies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. For example, it may allow an email sender to determine whether a user has opened a particular email.
    • Local storage. We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Your browser may offer its own management tool to manage LSOs.

We may combine information collected through the Services with information that we collect in other contexts, such as information from our email communications or phone calls with you, and data we collect offline.  We will treat such combined information in accordance with this Privacy Policy.

Information We Collect from End Users Who Interact With Your Created Content

We automatically collect on your behalf certain information about your end users who engage with the content and interactives that you create, purchase, and use through engageLively. This information may include the end user’s device IP address, the date and time of end user engagement, how the end user engaged with the content or interactive including mouse movements and mouse clicks, links clicked, text entered, the end user’s software and hardware attributes (including browser and operating system type and version, device type, and device identifiers), and the end user’s general location inferred from IP address. We collect this information on your end users using some of or all of the technologies described above. We do not collect information that directly identifies your end users, such as names or email addresses, unless your content or interactive includes fields that collect such personal information and you ask that we store (and we agree to store) your end users’ entries with respect to those fields.

We do not have a direct relationship with your end users.  As such, you are responsible for complying with any obligations to inform your end users about your collection, use, and sharing of end users’ information, including the information we automatically collect on your behalf to provide you with end user engagement metrics and analytics.

How We Use Information that We Collect

We and our service providers use the information that we collect for a variety of purposes, including:

  • Providing the Services. To create and maintain an account for you on the Platform, to provide our Services to you, including to identify and report on end user engagement with the interactives you use, purchase, or create on our Platform, to fulfill the terms of any agreement you have with us, to respond to your requests, and for other purposes related to managing our business;
  • Communicating with you. To communicate with you regarding your account, updates regarding our Services, and other administrative issues;
  • Sending newsletters or other promotional messages. To send you newsletters or other promotional messages regarding our Services. We will seek your consent before sending such messages to the extent required by law;
  • Conducting analytics and improving our services. To count and recognize users of the Services, analyze how the Services are used, improve the Services, create new products and services, conduct analytics, and target our advertising, including as described in the section below titled “Analytics and Interest-based Advertising”;
  • Providing you with end user engagement metrics. We track and conduct analytics on end user engagement with the content and interactives you create, purchase, and use through the Services in order to provide you with relevant engagement metrics. We do not use your end users’ information for any purpose other than to provide and improve our services for you;
  • Compiling aggregated and de-identified information. To compile aggregated and de-identified statistics or reports that we may share with our partners or other third parties;
  • Legal purposes. For legal or other necessary purposes, including as described below in the section below titled “How We Share information.”

How We Share Information

We share information with third parties for a variety of reasons, including as follows:

  • Service providers. We use third-party service providers to help us manage and improve our Services. These service providers may collect and use your information only to assist us in achieving the purposes discussed in this Privacy Policy. For example, we may use third parties to host our Website and Platform, perform data storage and processing services, provide user support and help features, process payments on our behalf, and perform analytics.
  • Other users of the Services. When you create an account, you will have a profile consisting of your username and an avatar, or profile photo if you decide to upload one, that other users of the Services may be able to view.
  • When you directly share information. In addition, you may directly share your information with other users when you post questions or comments to other users through the Services in forums that we may create for those purpose, or post comments to our Blog. In the engageLively marketplace, you may be able to share content, templates, and interactives that you create with other users which may show your name or username as the contributor or creator. Please ensure when using these features that you do not submit any information that you do not want to be shared with other users.
  • Third-party plugins. The Services may integrate certain third-party plugins (such as a Facebook “like” button and Twitter “follow” button). Even if you do not click on these plugins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie or use similar tracking technologies. These plugins are governed by the privacy policy of the company providing them.
  • Legal purposes. We may use or share your information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:
    • To comply with applicable law or a court order, subpoena, or other legal process;
    • To investigate, prevent, or take action regarding illegal or prohibited activities, suspected fraud, violations of our rules or terms and conditions, or situations involving threats to other athletes, volunteers or users, our property, or the property or physical safety of any person or third party;
    • To establish, protect, or exercise our legal rights or defend against legal claims.
  • Organizational transfers. We may share your information with third parties to facilitate the financing, securitization, insuring, merger, acquisition, sale, assignment, bankruptcy, or other disposal of all or part of our organization or assets.
  • Aggregated and de-identified information. We may share aggregated and de-identified information with third parties, such as by publishing or sharing reports with third parties about trends in the usage of the engageLively Services.
  • With your consent. Other than described in this Policy, we will share your information with third parties with your consent.

Analytics and Interest-based Advertising

We partner with certain third-party service providers to collect information to engage in analytics, auditing, research, and reporting. These third parties may use server logs, web beacons, tags, pixels, and similar technologies, and they may set and access cookies on your computer or other device.

In particular, we use Google Analytics on our Services to help collect and analyze certain information for the purposes discussed above. You can learn more about Google Analytics’ data practices by clicking here and opt out of the use of cookies in web browsers by Google Analytics by clicking here.

The Services may also enable third parties to collect information through cookies, web beacons, and device identifiers, such as IDFA or Advertising ID, for use in online interest-based advertising. For example, third parties may use the fact that you visited our website to target online ads to you on other websites. In addition, we or our third-party advertising networks might use information about your use of the Services to help target advertisements to you on unaffiliated websites based on your online activity in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website, and the Digital Advertising Alliance website. You may opt-out of interest-based advertising here and here.

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies. Although our Services currently does not respond to “do not track” browser headers, you can limit tracking by taking the steps discussed above.

The Services may contain links to websites of other third parties. If you follow a link to any of these websites, please note that these websites (and any services that may be accessible through them) have their own privacy policies. We are not responsible for the privacy practices of other websites or the information you share through such other websites. We encourage our users to be aware when they leave the Services and to read the privacy policies applicable to such third-party websites. This Privacy Policy applies solely to information collected in connection with the Services.

Data Security and Retention

engageLively uses physical, technical, and administrative safeguards to protect your information against loss or unauthorized access, use, modification, or deletion. However, no security program is 100% secure, and thus we cannot guarantee the absolute security of your information.

engageLively retains your information for as long as reasonably necessary for its legitimate business purposes, to provide the Services to you, to fulfill the purposes described in this Privacy Policy, or as required by law.

Your Rights and Choices

You may review your account information on the engageLively Platform at any time by logging in and viewing your profile. You may reset your password at any time through your account profile, and you may also update or change your avatar or profile photo, email address, and billing information. To update or revise any other information about you within your account please contact us at privacy@engagelively.com.

If you have subscribed to newsletters or other promotional communications from us, you may unsubscribe by clicking the “Unsubscribe” link at the bottom of each message. Please note, you will still receive administrative messages related to your account from us.

If you would like to opt-out of interest-based advertising, please follow the instructions in the above section “Analytics and Interest-based Advertising.”

You may have additional rights under applicable laws to request access to, correction of, deletion of, or restrictions on the processing of certain information. You may have rights under applicable laws to opt out of or withdraw consent to further processing, request copies of your personal data, or lodge a complaint with a data protection authority in your jurisdiction. To make such request and/or inquire about such rights, please send us an email at privacy@engagelively.com. For your protection, we may only implement requests related to information that we have associated with the email address used to send us your request, and we may need to verify your identity before implementing your request.

Information for Individuals Outside the United States

The data that we collect through or in connection with our Services is transferred to and processed in the United States for the purposes described above. engageLively also may subcontract the processing of your data to, or otherwise share your data with, third parties in the United States or other countries outside your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. By visiting or using the Services, clicking “I agree” or any other button indicating your acceptance of this Privacy Policy, or otherwise providing information to engageLively, you expressly consent to such transfer and processing.

We may implement contractual arrangements, or other mechanisms, as appropriate, to safeguard your information during such cross-border transfers. We also may transfer information to the United States or another country as necessary for the performance of our agreements with you or to establish, exercise, or defend legal claims.

If you are an EU resident, our legal basis for processing information will depend on the type of information at issue and the purpose for which it is collected and used. In some cases, we rely on your consent to process information, or we process information as necessary for the performance of our agreements with you. We also may rely on our legitimate interests to process your information, for the purposes described in this Privacy Policy.

Children’s Privacy

The Services are not intended for nor directed to individuals under the age of 18. We request that such individuals do not provide information to us through any of the Services.

Changes to This Privacy Policy

We may revise this Privacy Policy periodically in the future. If we make any material changes, we will post the revised Privacy Policy on our Website with an effective date indicating when the revised Privacy Policy will take effect. We encourage you to review this Privacy Policy periodically.

Contacting Us

If you have any questions or comments regarding our Privacy Policy, please email us at privacy@engagelively.com, or contact us at:

engageLively, Inc.
50 Diablo View Road,
Orinda, CA, 94563