This Policy describes:
The types of information we collect from you or that you may provide when you access or use our website application available at www.themalin.co (the “Web Application”), as well as our mobile application (the “Mobile Application”, together with the Web Application, the “Platform”).
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect on the Platform or in emails and other electronic messages between you and the Platform, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy. This Policy applies to your use as a user of the Platform, including as an employee or contractor of our uses (as defined below).
This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Platform (for further information, see below, “Third-party Websites”).
Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use the Platform. By using the Platform, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Use of the Platform and any user information associated with the Platform may also be subject to the terms of separate written agreements (the “User Agreements”) between the Company and its users (“Users”). When applicable, this Policy may be superseded by specific terms in the User Agreements. If you use or submit any materials on the Platform as an employee or contractor of a User, you agree to be bound by the User Agreements as well as any posted guidelines and policies related to the materials you wish to use or submit, as applicable. When applicable, if you do not agree to the terms of the User Agreements, you will not be able to use the Platform.
What Information Does the Platform Collect?
To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy.
Information You Provide to Us
Personal Information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:
first and last name;
credit card or payment information (i.e. PayPal); and
comments or messages provided in free text boxes.
You may provide us Personal Information when you:
submit a maintenance request or work order;
claim any available perks;
participate in a questionnaire or survey;
subscribe to our emails;
purchase products or services; and
register yourself with the Platform.
The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting the Company to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data when it is not needed. Additionally, we may ask you to create a username and password that should only be known to you.
Automated Information Collection
In addition to the information that you provide on the Platform, the Company and the Platform Provider (defined below) may also collect information about you during your visit to the Platform. The Company and the Platform Provider collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Platform. Some of the tools used to automatically collect information about you may include:
a. Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive. Cookies are usually defined in one of two ways, and we may use either (or both) of them:
(1) session cookies, which do not stay on your device after you close your browser, and
(2) persistent cookies, which remain on your device until you delete them or they expire.
The Company and the Platform Provider may use the following categories of cookies on the Platform.
i. Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Platform and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items (e.g. a shopping cart), cannot be provided.
ii. Performance Cookies.These cookies collect anonymous information on how you use the Platform to help us understand how you arrive at the Platform, browse or use the Platform and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
iii. Functionality Cookies. These cookies remember choices you make such as the country from which you visit the Platform, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to the Platform more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot track your browsing activity on other websites.
iv. Targeting Cookies or Advertising Cookies.These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third-party advertising networks. These cookies remember the websites you visit and that information is shared with other parties, such as advertisers.
Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Platform’s features or lose access to some functionality.
c. Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on the Platform. This
information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
d. Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.
e. Third-party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered on the Platform and also on the websites where our marketing communications are appearing. For example, we may collect data where our banner advertisements are displayed on third-party websites.
Your Choices and Selecting Your Privacy Preferences
We want to provide you with relevant information that you have requested.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.
We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
Accuracy and Access to Your Personal Information
We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.
Information of Minors
We do not intentionally seek to gather information from individuals under the age of eighteen (18). We do not target the Platform to minors, and would not expect them to be engaging with the Platform or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.
How We Use Your Information
The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:
Facilitate account creation and the logon process.
Preventing malicious activity and providing you with a secure experience.
Providing service and support for services you request.
Providing marketing communications that are effective and optimized for you.
Keeping you up-to-date with the latest benefits available from us.
Preventing unwanted messages or content.
Measuring the performance of our marketing programs.
Contacting you about services and offers that are relevant to you.
How We Share Your Information
We do not sell or lease your Personal Information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. We will share your Personal Information with these third parties in order to fulfill the service that they provide to us. These third-party partners are under contract to keep your Personal Information secure and not to use it for any reason other than to fulfill the service we have requested from them.
Platform Provider. The software and technology used to operate the Platform is provided by Ility.com, Inc. (the “Platform Provider”). While the Platform Provider provides the software and technology to process the information and materials on the Platform, the Platform Provider does not collect, use or otherwise store your Personal Information, unless necessary to provide its services for the Platform. However, the Platform Provider may aggregate or otherwise anonymize any data collected on the Platform for purposes of analytics, research, marketing and other business interests of the Platform Provider. Such use by the Platform Provider shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you. Additionally, Company does not share, sell, distribute or otherwise transfer your Personal Information to the Platform Provider unless it is necessary to perform its services for the Platform.
Exceptions. Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:
Responding to duly authorized information requests from law enforcement or other governmental authorities.
Complying with any law, regulations, subpoena, or court order.
Investigating and helping prevent security threats, fraud, or other malicious activity.
Enforcing or protecting the rights and properties of Company or its subsidiaries.
Protecting the rights or personal safety of Company’s employees.
There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.
Your California Rights
Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
Other than as disclosed in this Policy, the Platform does not track users over time and across third-party websites to provide targeted advertising. Therefore, the Platform does not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser.
If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under
California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
Access. You may email us at email@example.com to request a copy of the Personal Information the Platform databases currently contain.
Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to firstname.lastname@example.org. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible to provide our services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to email@example.com. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Deletion. If you wish to cease use of the Platform and have your Personal Information deleted from the Platform, then you may submit a request by emailing us at firstname.lastname@example.org. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.
If a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
For Platform Visitors in the European Union (“EU”)
Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR. For the purposes of this Policy, the Company operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.
The Data Controller is:
NAME: The Malin Group, Inc.
ADDRESS: 32 Mercer Street, New York, NY, 10013, USA.
The Data Processor is:
ADDRESS: One World Trade Center, Suite 8500, New York, NY 10007
CONTACT: (212) 220 8782
You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below:
Access. You may email us at email@example.com to request a copy of the personal data our Platform databases currently contain.
Automated Processing and Decision-Making. You may email us at firstname.lastname@example.org to request that we stop using your personal data for automated processing, such as profiling. In your email, please explain how you wish us to restrict automated processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data
Correction or Rectification. You can correct what personal data our Platform database currently contains by accessing your account directly, or by emailing us at email@example.com to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.
Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to firstname.lastname@example.org. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to email@example.com. When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Portability. Upon request and when possible, we can provide you with copies of your personal data. You may submit a request via email to firstname.lastname@example.org. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties.
Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Platform by notifying us via email at email@example.com. Using the same email address associated with your Platform account, simply type the words “WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
Erasure. If you wish to cease use of our Platform and have your personal data deleted from our Platform, then you may submit a request by emailing us at firstname.lastname@example.org. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.
For Platform Visitors in Australia
If you are a user who accesses our Platform in Australia, in addition to the rest of this Policy, this section applies to you. We are subject to the operation of the Privacy Act 1988 ("Australian Privacy Act"). Here are the specific points you should be aware of:
- We will not use or disclose Personal Information for the purpose of our direct marketing to you unless:
you have consented to receive direct marketing;
you would reasonably expect us to use your personal details for marketing; or
we believe you may be interested in the material but it is impractical for us to obtain your consent.
You may opt out of any marketing materials we send to you through an unsubscribe mechanism. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as "direct marketing" under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account as permitted under the Australian Privacy Act and the Spam Act 2003 (Cth).
Our servers are located in the United States of Americ. In addition, we, or our subcontractors, may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
We may also share your Personal Information outside of Australia to our business operations in other countries. While it is not practicable for us to specify in advance each country where your Personal Information may be disclosed, typically we may disclose your Personal Information to the United States of America
You may access the Personal Information we hold about you. If you wish to access your Personal Information, you may do so by emailing us at email@example.com. We will respond to all requests for access within a reasonable time.
If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request. If you find that the information we have is not up to date or is inaccurate or incomplete, please contact us in writing at firstname.lastname@example.org, so we can update our records. We will respond to all requests for correction within a reasonable time.
If you are unsatisfied with our response to a privacy matter, you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
For Platform Visitors in Brazil
Under the Lei Geral de Proteção de Dados (“LGPD”), individuals in Brazil are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the LGPD. For the purposes of this Policy, the Company operates as a data controller. These rights may include the right (i) to request access and obtain a copy of your Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of your Personal Information; (iv) to review the automated processing of your Personal Information; (v) to receive information on the consequences of denying consent; and (vi) if applicable, to data portability. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
If you have questions or comments about your privacy rights, you may email us at email@example.com. We will consider and act upon any request in accordance with applicable data protection laws. Additionally, you may submit any claims or complaints to the Brazilian National Data Protection Authority.
Location of The Malin Services
The Malin Group, Inc. headquarters is based in the State of New York within the United States. We do not warrant or represent that this Policy or the Platform’s use of your Personal Information complies with the laws of every jurisdiction. Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.
Changes to this Policy
If we make any changes to this Policy, a revised Policy will be posted on this webpage or screen and the date of the change will be reported in the “Last Revised” block above.
Safeguarding the Information We Collect
We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us immediately of any unauthorized use of your Personal Information or your credentials.
How to Contact Us
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at:
The Malin Group, Inc.
32 Mercer Street, New York, NY 10013