Last Revised: November 11, 2022
THIS POLICY INCLUDES IMPORTANT INFORMATION ABOUT OUR SERVICES AND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE TREAT IT, INCLUDING THE TYPES OF INFORMATION WE MAY COLLECT FROM YOU OR THAT YOU MAY PROVIDE TO US WHEN YOU VISIT, REGISTER, USE, OR ACCESS OUR PLATFORM OR SERVICES, AND OUR PRACTICES FOR COLLECTING, USING, MAINTAINING, PROTECTING, AND DISCLOSURE SUCH INFORMATION. WHEN YOU REGISTER, ACCESS, USE, OR PURCHASE ACCESS TO OUR PLATFORM OR SERVICES (E.G., BY PURCHASING A SUBSCRIPTION), YOU BECOME A USER AND AGREE TO OUR POLICIES. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT USE OUR SERVICES OR PLATFORM.
You understand that this Policy is subject to change by us without prior written notice at any time, at our sole discretion. Any changes to this Policy will be in effect as of the “Last Updated Date” or “Last Revised Date” referenced on the Platform. Accordingly, you should review our Policies before purchasing or using our Platform or Services. Your continued use of our Platform or Services after the “Last Updated” date or “Last Revised” date will constitute your acceptance of and agreement to such changes.
1. Information We May Collect or Receive.
Our Platform and Services allow Users to submit and transmit certain Information (as defined below) and User Content, which may be transmitted, hosted, stored, and used to generate and create Generated Content, which, in turn, may be transmitted, hosted, and stored on our Platform or through our Services.
The Information that a User may provide through our Services or Platform is broad. We may receive Information directly from you when you provide it to us (such as by registering an Account (e.g., your name and email address) or obtaining a Subscription (e.g., certain payment Information)) on the Platform, or automatically as you access, use, or interact with our Services or Platform (such as your internet connection, the device you used, or the location of that device, and any Information included within the User Content).
There are many occasions when you provide Information to us that identifies, relates to, describes, references, or is reasonably capable of being associated with or linked with, directly or indirectly, you, your household, or your device, such as your name, internet protocol (IP) address, or email address (“Personal Information”). Personal Information may also have the meaning given to that term or similar terms (e.g., “personal data”) under applicable laws such as the General Data Protection Regulations (EU) 2016/679 (“GDPR”) or the California Consumer Privacy Act (“CCPA”), to the extent those laws are applicable, if at all.
Because Users can upload a broad range of Information through our Services (e.g., by uploading User Content that reveals such Information), we may receive sensitive information such as your date of birth, sex, or similar information (“Sensitive Information”). We do not require our Users to provide Sensitive Information, but such Information may be, directly or indirectly, collected by us through your use of our Services or Platform. Additionally, our Services and Platform may allow you to upload and share information that is not Personal Information or Sensitive Information (“Other Information” and together with Personal Information and Sensitive Information, collectively, “Information”). Because our Services and Platform allow you to choose the Information associated with your account, we may tie Other Information to Personal Information or Sensitive Information about you.
We may collect or receive from you the Information outlined below:
Identity or Contact Information
Identity or Contact Information
Any details about payments to and from you and other details of Services or Subscriptions you have purchased from us.
Content Data Information
Any User Content you post, upload, or transmit on our Platform or through our Services that is not already included in another category, including without limitation, writings, images, preference settings, comments, other contributions, and metadata about them (such as when you posted them).
Marketing and Communications Information
Your preferences in receiving marketing Information and communication preferences.
Behavioral and Usage Information
Details about your access, use, or interaction with our Platform or Services, including traffic data, location data, logs, and other communication data and the Information that you access on our Platform or through our Services. This may include data collected automatically by your use of our Platform or Services and inferred or assumed information relating to your behavior and interests, based on your activity on our Platform or through our Services. We also may use these technologies to collect Information about your online activities (e.g., writing styles) over time and across third-party websites or other online services.
Aggregated Data or Information
We may also collect, use, and share “aggregated data” or “aggregated information” such as statistical or demographic data. Aggregated Information may be derived from your Personal Information, but once in aggregated form, it will not constitute Personal Information as this data does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.
2. Third-Party Sources, Cookies, and Other Tracking Technologies.
We may also collect or receive Information from third-party sources, and our Platform or Services may contain links to other sites. Any Information you provide on the linked pages is provided directly to such third-party and is subject to their terms and policies. This Policy does not apply to such linked third-party sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites linked to or from our Platform.
When you visit our Platform, we may send one or more “cookies” –small data files, to your device to uniquely identify your browser/operating system and allow us to help you enhance your navigation of our Platform. A cookie may convey Information about how you use our Platform or Services so we can provide you with a more personalized experience. A persistent cookie remains on your device after you close your browser/application so your browser can use it on subsequent visits to our Platform. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. Our Platform may use the following types of cookies, logs, web beacons, and other tracking technology:
Are necessary to provide you with our Services. For example, they allow you to log in to secure areas of our Platform and help to load the content quickly.
Allow us to remember your choices when using our Platform or Services, such as remembering your login or Account information. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Platform.
Analytics and Performance Cookies
Are used to collect Information about traffic to our Platform and how Users use our Platform and Services. The Information gathered does not directly identify any individual visitor. However, it may render such visitors “indirectly identifiable” because the Information collected is typically linked to a pseudonymous identifier associated with the device used to access our Platform. The Information collected is aggregated and anonymous. We use this Information to help operate our Platform and Services more efficiently, gather broad demographic Information, and monitor the level of activity on our Platform or through our Services. We may also use several third-party tools and services for this purpose.
Targeted and Advertising Cookies
Track your browsing habits to show third-parties what you may be interested in. These cookies use Information about your browsing history to group you with other Users with similar preferences. Based on that Information, a third-party may place cookies to enable them to show adverts that may be relevant to your interests while on a third-party site. Third-parties may also use other technologies in addition to cookies (such as web beacons) to measure their advertisements' effectiveness and personalize their advertising content.
Are automatically reported by your browser each time you access a web page. When you use our Platform or Services, our servers automatically record the Information your web browser sends whenever you visit a site. These server logs may include Information such as your web request, IP address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar Information.
Typically, you can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. To do this, follow the instructions provided by your browser (usually located within the “settings”, “help” or “tools” function). Many browsers default to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in using our Platform and Services, and some features of our Platform or Services may not function properly. For example, we may not be able to recognize your device, and you may need to log in every time you visit our Platform.
Visit www.allaboutcookies.org or www.whatarecookies.com for more information about cookies, including seeing what cookies have been set on your device and how to manage and delete them.
Currently, we do not respond to web browser's “do not track” signals that provide a method to opt-out of the collection of Information about User activities on the Platform. If we do so in the future, we will provide relevant information in this Policy.
3. How We Use Your Information.
We use the Information that we receive or collect from you:
- To present our Platform or Services and its contents to you and to personalize and improve our Platform and Services.
- To provide you with information, products, or services you request from us (e.g., our Services). For example, if you share your Personal Information (e.g., name and contact information) to ask a question about our Platform or Services, we will use that Information to respond to your inquiry. If you provide your Personal Information to purchase a Subscription or create an Account (e.g., name, email, and payment information), we will use that Information to process your order and grant access to our Platform. We may also save your Personal Information to facilitate orders, or notify you of our offerings or renewals.
- To allow you to participate in interactive features on our Platform or through our Services.
- To provide you with notices about your Subscription or Account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Platform or Services.
- To help maintain the safety, security, and integrity of our Platform, Services, databases, and other technology assets.
- For testing, research, analysis, and product development, including to develop or improve our Platform and Services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- In any other manner we describe when you provide the Information or as otherwise set forth under applicable law.
- For any other purpose with your consent.
4. Disclosure of Your Information.
We may share your Information with third-parties to provide our Platform, Services, and their security, or to market or sell our Services. We do not sell your Personal Information.
We may disclose Information that you provide to us, or we collect from you as described in this Policy:
- In connection with your use of our Platform or Services. Our Platform and Services allow you to transmit your Information on our Platform through our Services.
- To our service providers, affiliates, agents, subprocessors, advertising partners, internet service providers, data analytics providers, agents, and related third-parties. We engage employees, contractors, service providers, agents, and other third-parties to support our Platform and Services, including, for example, Platform or Service development, search engine optimization, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis, background and compliance reviews, and other services, which may require them to access, process, or use your Personal Information.
- To our processors and subprocessors. We use certain subprocessors and service providers to support our Platform and Services. A subprocessor is a third-party data processor that we have engaged and will potentially have access to or process your Personal Information. We engage the following processors or subprocessors:
Cloud Service Provider
Cloud Service Provider
Customer Email Verification
AI Content Generation
- With your consent or for any other purpose disclosed by us when you provide the Information.
- In connection with a business transfer. We may sell Writerly or its assets 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 Writerly's assets, in which Personal Information may be among the assets transferred.
- In fulfilling our legal obligations. We may disclose your Personal Information to comply with a court order, law, or legal process, including to respond to any government or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our Platform or Services, or our Users, customers, or third-parties. We may also disclose your Personal Information to enforce or apply our Policies and other agreements, including for billing and collection purposes.
- Aggregated information or data. We may disclose aggregated demographic information about our Users and the activity on our Platform or through our Services.
5. Where We Store Your Information.
We maintain our Platform in the United States and market our Platform and Services in the United States. The Information that you provide us may be stored, processed, and accessed by us, our employees, contractors, and third-parties (including the subprocessors and service providers listed in the Disclosure of Your Information section) with whom we share Information in the United States or elsewhere for the purposes described in this Policy. We may also store Information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers). By accessing or using our Platform or Services and providing us with your Personal Information, you consent to and authorize the transmission of Personal Information to the United States and its storage and use as specified in this Policy. The laws of the United States might not be as comprehensive or protective as laws in the country where you live.
6. How Long We Store Your Information.
Unless you request that we remove your Personal Information as described in the Your Rights Related to Your Personal Information section below, we retain your Information for as long as it is reasonably needed for the purposes set out in this Policy. We will retain your Information for as long as we reasonably believe it is necessary to use it unless a longer retention period is required by law. This may include keeping your Personal Information for the period of time needed for us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.
- You may request a copy of the Personal Information we hold about you and to check that we are lawfully processing it. You may request confirmation on whether or not we are processing or storing your Personal Information.
- You may request receipt of certain Information about our collection and use of your Personal Information.
- You may request that we correct any incomplete or inaccurate Information we hold about you. You can review and change some of your Personal Information by logging into the Platform and visiting your Account page. We may not be able to delete your Personal Information except by also deleting your Account or Subscription. 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.
- You may request that we delete or remove your Personal Information where there is no proper reason for us to continue to process it. You may also ask us to delete or remove your Personal Information where you have exercised your right to object to processing. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the Information applies.
- If we are relying on a legitimate interest as the legal basis for our processing and there is something about your situation, which makes you want to object to processing of your Personal Information, you may object to such processing.
- You may request us to provide you, or a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format.
- If we rely on your consent to process your Personal Information, you have the right to withdraw your consent. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our Platform or Services.
7. Your Rights Related to Your Personal Information.
Certain laws and regulations, such as the CCPA and GDPR, provide consumers with specific rights related to their Personal Information. To the extent applicable to us and you, you may have the following rights:
- Request access to your Personal Information. You may request a copy of the Personal Information we hold about you and to check that we are lawfully processing it. You may request confirmation on whether or not we are processing or storing your Personal Information. To the extent applicable to you in accordance with such laws (as applicable), you may also have the rights further described in Article 15 of the GDPR.
- Right to Know. Under the CCPA, you may request receipt of certain information about our collection and use of your Personal Information over the past twelve (12) months. Once we receive your request and confirm your identity, we will disclose to you:
- ~The categories of Personal Information we collected about you.
- ~The categories of sources for the Personal Information we collected about you.
- ~Our business or commercial purpose for collecting or selling that Personal Information.
- ~The categories of third-parties with whom we share that Personal Information.
- ~If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- ~~sales, identifying the Personal Information categories that each category of recipient purchased; and
- ~~disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- ~The specific pieces of Personal Information we collected about you.
- Request correction of the Personal Information that we hold about you. You may request that we correct any incomplete or inaccurate Information we hold about you. You can review and change your Personal Information by logging into the Platform and visiting your Account page. You may also send us an email at [email protected] to request access to, correct, or delete any Personal Information that you have provided to us. We may not be able to delete your Personal Information except by also deleting your Account or Subscription. 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. To the extent applicable, you may also have the rights further described in Article 16 of the GDPR.
- Request the erasure of your Personal Information. You may request that we delete or remove your Personal Information where there is no proper reason for us continuing to process it. You may also ask us to delete or remove your Personal Information where you have exercised your right to object to processing. To the extent applicable, you may also have the rights further described in Article 17 of the GDPR or the CCPA. Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the Information applies, such as those set out in Cal. Civ. Code § 1798.105(c), (d), to the extent applicable.
- Object to processing of your Personal Information or request the restriction of processing of your Personal Information. If we are relying on a legitimate interest as the legal basis for our processing and there is something about your situation, which makes you want to object to processing of your Personal Information, you may object to such processing. You also may object if we are processing your Personal Information for direct marketing purposes. You may ask us to suspend the processing of your Personal Information, for example, if you want us to establish its accuracy or the reason for processing it. To the extent applicable, you may also have the rights further described in Article 18 or Article 21 of the GDPR.
- Request the transfer of your Personal Information. You may request us to provide you, or a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. This right applies to automated Information which you initially provided consent for us to use or where we used the Information to perform a contract with you. To the extent applicable, you may also have the rights further described in Article 20 of the GDPR.
- Withdraw consent. This right exists where we are relying on consent to process your Personal Information (“Consent Withdrawal”). If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Platform or Services. We will advise you if this is the case at the time you withdraw your consent. To the extent applicable, you may also have the rights further described in Article 7(3) of the GDPR.
8. How to Exercise Your Rights.
If you want to exercise any of the rights described above, please contact us by email at [email protected]
Only you, or someone legally authorized to act on your behalf, may request to know, access, or delete your Personal Information. We may need specific information from you to help us confirm your identity and ensure your right to access such Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to anyone who does not have the right to receive it.
We will confirm receipt of your request within ten (10) business days. We try to respond to all legitimate requests within one (1) month of receipt. Occasionally, it may take us longer than one (1) month if your request is complex or you have made a number of requests. In such a case, we will notify you and update you on your request status. We retain the right to respond within longer timeframes under applicable law (such as the CCPA) or as reasonably necessary.
To the extent a request is made pursuant to the CCPA (if applicable), any disclosures we provide will only cover up to the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
For data portability requests, we will select a format to provide your Personal Information that is readily usable and allow you to transmit the Information from one entity to another entity without hindrance.
If you have an Account with us, we will deliver our written response to that Account or the email address associated with that Account. If you do not have an Account with us, we will deliver our written response by mail or electronically, at your option.
We will not discriminate against you for exercising any of your rights under applicable law such as the GDPR or CCPA, if applicable. Unless otherwise permitted by applicable law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by applicable law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
9. How We Protect Your Information.
The safety and security of your Information also depend on you. Where we have given you (or where you have chosen) an Account password for access to certain parts of our Platform, you are responsible for keeping this password confidential. You should not share your password with anyone.
We have implemented procedures to deal with any actual or suspected breach of Personal Information. If Personal Information is compromised as a result of such a breach of security, we will promptly notify the persons whose Personal Information has been compromised in accordance with the notification procedures set forth in this Policy or as otherwise required by applicable law.
Unfortunately, the transmission of Information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through our Services or Platform, any specifically disclaim such obligation or responsibility. Any transmission of Personal Information is at your own risk. We are not responsible for circumventing any privacy settings or security measures on the Platform.
10. Users Under the Age of 18.
The Platform is not intended for Users under 18 years of age. We do not knowingly collect Personal Information from Users under age 18. If you are under 18 years old, do not use or provide any Information on the Platform or through any of its features, register on the Platform, make any purchases through the Platform, use any of the interactive features on the Platform, or provide any Information about yourself to us, including your name, address, telephone number, email address, or any username you may use. If we learn we have collected or received Personal Information from a User under 18 without verification of parental consent, we will delete that Information. If you believe we might have any Personal Information from or about a User under 18, please contact us by email at [email protected].
11. California Privacy Rights.
To the extent applicable, if you are a California resident (as defined by the CCPA), California law may provide you with additional rights regarding our use of your Personal Information. For instance, you may be entitled to the following notice:
We have collected or may receive from you the following Personal Information categories within the last twelve (12) months:
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.
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.
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).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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.
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Approximate physical locations.
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or Employment-Related Information.
Current or past job history or performance evaluations.
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.
Inferences drawn from other Personal Information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits Users that are California residents to request certain information regarding our disclosure of Personal Information to third-parties for their direct marketing purposes. To make such a request, please send an email to [email protected]
12. Nevada Do Not Sell Requests.
We do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. In the event you are a resident of Nevada, however, you may have the right to opt-out of the sale of certain Personal Information to third-parties who intend to license or sell such Personal Information. To exercise this right, please send an email to [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with the name and email address associated with your Account.
13. Supervisory Authority.
If you are located within the European Economic Area, Switzerland, the United Kingdom, or Brazil, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.
14. Our Contact Information.
To ask questions or comment about this Policy, our privacy practices, or if you need access in an alternative format due to a disability, please contact us at [email protected]