LAST UPDATED: March 31, 2023
1. INFORMATION WE COLLECT
We collect certain personal information from visitors to the MikMak Sites such as visitors who are interested in our Services (“Site Visitors”), from our Customers, and from and about individuals who interact with our Services (“End Users”), including by interacting with our Customer’s content utilizing our Services such as by clicking on our Customers’ content and using our Services to make that content shoppable. Please note that some Site Visitors may also be Customers or End Users. If you do not agree to our use of your personal information in line with this Policy, please do not use the MikMak Site or interact with our Services.
Customers and Site Visitors
We collect personal information you provide directly to us, including:
● Contact and registration data, such as name, email address, telephone number, job title, company name, and other personal information;
● Billing and transaction information, including billing address and payment information (processed by our third-party processors) and your transactions with us;
● User generated content and information in any comment or other submission you upload or post to the MikMak Site or Services; and
● Inquiries and feedback such as when you report a problem with our Site/Services or when we provide you with customer support or when you correspond with us by phone, email or otherwise.
We collect certain personal information through automated means, including:
● Identifiers and other technical information about the device(s) you use, your interaction with our Services or our Site, such as when you log in to your account to manage your deployment of our Services, such as:
o device information and related identifiers such as your IP address, browser characteristics, device IDs and characteristics, device type, platform type, advertising identifiers, operating system, and the state or country from which you accessed the Site or Services.; and
o usage activity such as referring and exit pages and URLs, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you visited the Site or Services and upload or post content, error logs, language preferences, and other similar information.
We collect and/or receive certain personal information through automated means, including:
● identifiers and other technical information about the device(s) you use, your interaction with our Services (including our Customers’ content that utilize the Services), and your internet connection:
o device and session identifiers and other identifiers such as proprietary IDs or other pseudonymous IDs created and used by us or service providers;
o usage activity including certain of your activity on our Services, such as tapping to checkout a specific product or products, general location information, pages you viewed, how long you spent on a page, access times, error logs, language preferences, and information about websites you used before or after using the Sites or Services; and
o other device or browser information including your IP address (which we process to determine general location but do not store), browser and device characteristics, platform type, operating system, and city, state, and/or or country from which you access the Services.
In certain circumstances, our Customers may include certain third party cookies or pixels in connection with their content or with the use of our Services, in which case our Customer and/or such third party may collect the above information as well.
We collect personal information End Users provide directly to us, including:
● inquiries and feedback such as when you report a problem with our Services or when we provide you with customer support.
Information We Collect from Others
● We may also receive additional information about End Users, such as demographic and interest information, from third parties, such as retail partners, consumer data resellers, and analysts.
2. USING YOUR PERSONAL INFORMATION
For all users, we use the personal information we collect to:
● operate, maintain, and improve our Site and Services;
● better understand your use of and to improve the Site and Services;
● make navigation and use of our Site easier;
● detect fraud and secure the Site and Services;
● as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
For Customers and Site Visitors, we also use the personal information we collect to:
● manage your account, including to communicate with you regarding your account, if you have an account on our Site or Services;
● analyze and measure the performance and effectiveness of our Customers' campaigns and conduct market research;
● respond to your comments and questions and to provide customer service;
● help offer you other products, features, or services that may be of interest;
● send information including technical notices, updates, security alerts, and support and administrative messages;
● send you information about upcoming promotions, and other news, including information about products and services offered by us and our affiliates; and
● respond to a job application or inquiry and consider you for employment purposes.
For End Users, we also use the personal information we collect and/or receive to:
● enable our Services to work on a third-party or Customer website (e.g., by adding a product to your shopping cart via an integration with one of our Customers);
● analyze and measure the performance and effectiveness of our Customers' campaigns and conduct market research, including by enhancing End User information with other data for such purpose; and
● generate aggregate reports related to any of these purposes.
We may deidentify and aggregate information and use it for any lawful purpose.
3. SHARING YOUR PERSONAL INFORMATION
We may share the information we collect as follows:
● Service Providers. We may disclose your personal information to entities who provide services on our behalf such as data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other similar services. These third parties are only permitted to use personal data to the extent necessary to enable them to provide their services to us.
● Corporate Restructuring. We may disclose personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
● Legal Compliance & Protection of the Site, Services and Others. We may disclose personal information as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
● Third Parties Designated by You. We may disclose your personal information to third parties where you have provided your consent to do so.
● Customers and or Third Parties They Select. When End Users interact with content provided by Customers using our Services, that Customer, retailers with which our Customers work to fill your orders, and third parties that Customers select (e.g., third party pixels) to assist with advertising and analytics may receive certain information from your interaction with such content or with a retailer. In addition, such Customers and retailers have their own privacy policies and we do not accept any responsibility or liability for their websites, features, or policies.
● We may share deidentified and aggregated information with third parties.
4. THIRD PARTY SITES
Our Site and Services may contain links to third party websites and features, such as online shopping sites. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to or interact with them.
6. ONLINE ANALYTICS AND ADVERTISING
We may use web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
The Services may allow third-party advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you to assist in the delivery of relevant advertising about the Services on other websites you visit and other services you use.
Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track. Please note that “Do Not Track” is a distinct privacy mechanism from the legally recognized browser-based opt out signals described above, which we honor in accordance with applicable law.
7. YOUR RIGHTS & CHOICES
● Commercial Emails: You can opt-out of commercial email messages by following the instructions located at the bottom of such emails. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails such as emails about your account with us (if you have one) and our business dealings with you.
Depending on where you live, you may have certain rights with respect to your personal information. You have the right not to be discriminated against (as provided for in applicable law) for exercising your rights under some local laws such as in California.
If you are a California or Virginia resident, or a resident of the EEA, UK, Canada, or Switzerland you may be able to ask us to:
● provide access to certain personal information we hold about you,
● update or correct your personal information
● delete certain personal information
● restrict the use of your personal information
Residents of California and Virginia also have sale/targeted advertising opt out rights described below.
We will take reasonable steps to verify your identity. If you would like to exercise any individual right (or for California residents, if you are an authorized agent of an individual and would like to make a request on their behalf), you may have please contact us here. Please include “My Rights” in the subject line of your email and provide a clear explanation of which right you are exercising and your location of residence in the body of the email. Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled.
If you are a California or Virginia resident, you also have the right to opt out of our sale of personal information or processing or sharing of your information for online targeted advertising purposes.
We share or sell certain Customer or Site Visitor information to third parties such as cookies, IP address, and/or browsing behavior, to advertise the Services to you. This activity may be considered a sale under applicable law.
In addition, in some circumstances, we or our Customers through their embedded technology (which may belong to third parties) may provide the following categories of personal information from End Users to third parties for these purposes:
- For online targeted advertising and measurement purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data.
- At our customer’s direction (with documentation).
Customers or retailers may also receive MikMak generated unique identifiers when End Users engage with our Services, such as by interacting with our Customers’ shoppable content.
If you would like to opt out of the sale, sharing or use of your information for such purposes, you may do so by clicking on “Your Privacy Choices” in the footer of our website or in the MikMak media. You can also submit an opt-out by emailing us at email@example.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Even if you opt out, you will still see advertising, it just may be less relevant to you.
If you have any unresolved concerns, you may have the right to complain to your local data protection authority. In addition, Virginia residents may appeal the denial of a request here: firstname.lastname@example.org.
Your preference may be lost if you clear, or your browser is set to clear, cookies. If you have enabled a legally recognized browser-based opt out preference signal (such as Global Privacy Control) on your browser, we recognize such preference in accordance and to the extent required by applicable law. You will need to turn this on for each browser you use.
Where we operate as a service provider or processor for third-party organizations, you may need to contact that organization to exercise any applicable rights.
Additional Information and Rights for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
We use the above categories of information that we collect from you and from partners and consumer data resellers, and analytics partners in order to provide and manage the Services you request; to analyze the use of our Site and Services; to market our Services to you; for bug detection and error reporting; to audit consumer interactions on the Site and Services; to protect the rights of the Site and Services; for legal compliance; and with your consent.
Depending on the circumstances, we may share any of the above categories of information we collect with service providers; other parties, including government entities, when required by law or to protect our users and services; and with your consent or in connection with a corporate transaction. We share device information and identifiers and internet or other network or device activity with entities that provide advertising services
Do Not Sell My Personal Information
The CCPA sets forth certain obligations for businesses that “sell” or “share” personal information to third parties. The CCPA defines “sale” broadly potentially to include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior in order to enable us to market our Services on other websites or apps.
Depending on how you visit the Site or use the Services, we may sell or share (and over the past 12 months, may have sold or shared) the following categories of personal information from Site Visitors or Customers for such advertising:
● device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage.
Our Customers may also include third party technology (e.g., cookies or pixels) in their content using our Services or otherwise through their use of the Services. In such case, our Customer or third parties may receive the above information for advertising and analytics purposes. Customers or retailers may also receive MikMak generated unique identifiers when End Users engage with our Services, such as by interacting with our Customers’ shoppable content.
If you or your authorized agent would like to opt out of our sharing of your personal information for such purposes (to the extent this is considered a sale), you may do so by clicking on “Your Privacy Choices” in the footer of our website or in the MikMak media.
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Additional Information for Residents of the European Union Economic Area
The controller of your personal data is TIPO Entertainment. Inc., d/b/a MikMak, of 116 W Houston Street, Floor 2 New York, New York, 10012. In circumstances in which MikMak acts as a processor, our Customer is the controller of your personal data.
Legal Bases for Use of Your Information
Some countries require that companies only process your “Personal Data” (as that term is defined in the applicable law like the EU General Data Protection Regulation) if they have a “legal basis” (or justifiable need) for processing your Personal Data. To the extent those laws apply, our legal bases for processing Personal Data are as follows:
● Where your Personal Data is necessary for our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data: to operate our business and our Site and Services; and improve the Site and Services and develop new ones.
● Where your Personal Data is necessary to perform our obligations pursuant to a contract (or pending contract) with you.
● Where use of your Personal Data is necessary for us to comply with our legal obligations.
● Where we have your consent.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
Additional Nevada Resident Privacy Rights
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” (as such terms are defined by Nevada law). We do not engage in such activity.
We use appropriate organizational, technical, and administrative measures to protect personal information within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details below.
We will only retain your personal information as long as reasonably required for you to use the Site and/or to provide you with the Services, unless a longer retention period is required or permitted by law (for example for regulatory purposes). Our retention is based upon the amount, nature and sensitivity of the information, our purposes for which we process the information, applicable legal requirements, and our legitimate interests.
Our Site and Services are not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details below. We will delete such information from our files as soon as reasonably practicable.
11. INTERNATIONAL DATA TRANSFER
Your information, including personal information that we collect from you, will be processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Site or Services, you understand this processing will occur. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
We are committed to resolve any complaints about our collection or use of your personal information. If you would like to make a complaint regarding this Policy or our practices in relation to your personal information, please contact us at email@example.com. We will reply to your complaint as soon as we can. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
13. CHANGES TO THIS POLICY
We will post any modifications or changes to the Policy on our Site. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last updated. If we make any material change(s) to the Policy, we will post a notice on our Site prior to such changes(s) taking effect or otherwise notify you as required by law.
14. CONTACT INFORMATION
We welcome your comments or questions about this Policy. You may contact us in writing at firstname.lastname@example.org, or at:
116 W Houston Street,
Floor 2 New York,
New York, 10012