Privacy Policy

Effective Date: March 20, 2023

Markprompt is dedicated to upholding the confidentiality and security of user data. In compliance with legal provisions, particularly the EU General Data Protection Regulation (GDPR), Markprompt processes personal data solely within the limits permitted by law.

Through this Privacy Policy, Markprompt aims to clearly communicate the nature of personal data processing activities conducted via the Markprompt website ("markprompt.com") and through the provision of Markprompt services ("Services"). Additionally, this document outlines the purposes of data processing and the rights afforded to individuals under Article 13 of the GDPR.

Definitions

  • Personal Data: Refers to any information related to an identified or identifiable natural person. An individual is identifiable if they can be distinguished, directly or indirectly, by reference to identifiers such as names, identification numbers, location data, online identifiers, or specific characteristics that define their physical, physiological, genetic, psychological, economic, cultural, or social identity.

  • Data Subject: Any identified or identifiable natural person whose personal data is processed by the controller.

  • Processing: Any operation performed on personal data, whether or not by automated means, including collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  • Blocking of Processing: Marking stored personal data to limit its processing in the future.

  • Profiling: Any form of automated processing of personal data to assess various personal aspects of a natural person, particularly to predict or analyze work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

  • Controller: The natural or legal person, authority, institution, or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where EU or Member State law specifies the controller or the specific criteria for their nomination, such provisions shall apply.

  • Processor: A natural or legal person, public authority, institution, or other body that processes personal data on behalf of the controller.

  • Consent: A freely given, informed, and unambiguous indication of the data subject's agreement to the processing of their personal data, given by a statement or a clear affirmative action.

General Information

Controller:

We, Motif Land Inc., doing business as Markprompt, with our headquarters located at 2261 Market Street #4059, San Francisco, CA 94114, United States, are the principal entity responsible for the processing of your personal data in compliance with the prevailing data privacy regulations, including Article 4(7) of the GDPR.

For any inquiries regarding the handling of your personal data, please reach out to us via email at privacy@markprompt.com.

Transfer to Third Parties: Markprompt may engage external service providers, such as cloud infrastructure vendors, to support the delivery of our website and services. These providers are meticulously selected and officially engaged to process data solely on behalf of Markprompt, in line with written agreements compliant with Article 28 of the GDPR.

Third-Country Transfer: There may be occasions where we transfer personal data outside the EU/EEA. For countries lacking an adequacy decision by the European Commission as per Article 45 GDPR, we ensure the transfer is underpinned by appropriate safeguards conforming to Article 46 GDPR.

Retention of Personal Data

We will block or delete personal data when the original purpose for its processing ceases to exist. For instance, personal data provided for account creation on our platform will be preserved for as long as your account remains active. Once the data is no longer essential for this specified purpose, we shall proceed to eliminate or anonymize it, effectively removing any possibility of your identification. We are bound to retain data where there is a legal requirement, such as for tax or accounting purposes. Blocking or deletion will occur when prescribed retention periods lapse unless there's a necessity to retain the data for fulfilling or managing a contract.

Profiling:

Markprompt abstains from any form of automated decision-making processes or profiling activities.

Children Under the Age of 13: Markprompt does not design its website for the interaction of children under the age of 13 nor does it knowingly collect or process their personal data. If you are under 13, please refrain from providing any personal information on our website. Should we discover that we have inadvertently collected data from a child under 13 without parental consent, we will take steps to eliminate that information promptly. If you have concerns regarding the potential collection of data from a child under 13, please contact us at info@markprompt.com. In California, minors under 16 years of age have additional protections regarding data collection and sales.

Data Processing by Markprompt: We aim to offer a transparent overview of the types of personal data we collect, the specific purposes for which we process this data, and the legal foundations for these activities.

When Visiting the Markprompt Website: Each visit to the Markprompt website results in the automatic collection and processing of specific personal data, including:

  • IP address
  • Browser type, version, and language
  • Operating system
  • Date and time of access
  • Access provider name
  • Pages or files accessed and the volume of data transferred
  • Referrer URL of the website from which our site was accessed

We process this information based on Markprompt’s legitimate interests as per Article 6(1)(f) of the GDPR. This consideration balances Markprompt’s operational needs against your privacy rights, with a primary focus on providing and securing our website, which may override individual privacy interests. The secure and functional availability of our website also aligns with user interests.

When Signing Up for Markprompt Services:

Upon registration for our services, the processing of personal information such as your email address and the details you provide in our sign-up form is necessary to deliver services and confirm your identity. Additional data such as your name and payment details are processed as part of initiating and managing our contractual relationship, following Article 6(1)(b) GDPR. We share your data with third-party cloud services and payment providers as part of service delivery.

Using Markprompt's Service

When using Markprompt's Service, we provide AI infrastructure for customer support. All customer data is encrypted in transit, and stored in encrypted databases on Vercel cloud infrastructure

This includes the personal data necessary to deliver our services efficiently and securely.

When you hold a direct contractual agreement with us, we process your personal data on the legal basis of contractual necessity, as outlined in Article 6(1)(b) of the GDPR. Conversely, if Markprompt's Services are employed by your employer or another third party, we serve as the processor, acting under Article 4(8) of the GDPR. The responsibility of establishing a lawful basis for data collection rests with your employer or the contracting third party.

Use of Cookies and Similar Technologies:

For functional purposes, our website employs cookies and related automatic data collection technologies to gather insights and ensure the optimal functioning of Markprompt's Website. These cookies—minute text files storing user preferences and behaviors—are carefully designed to be non-intrusive and virus-free.

The use of functional cookies is strictly for operational purposes, such as improving website performance and securing our IT infrastructure. These cookies do not track or store your IP address or any identifiable personal information.

Visitors have the autonomy to disable cookies within their browser settings, albeit this may affect the full functionality of our website. The decision to utilize such cookie-dependent functionalities lies in balancing Markprompt's legitimate interests against the user's privacy rights, where the operation of our website may supersede, pursuant to Article 6(1)(f) of the GDPR.

Session cookies are designed to automatically delete upon the closure of your browser unless alternate preferences have been set.

Analytics and Marketing Cookies: We integrate Mixpanel to further understand and enhance user interaction with our website. This service, managed by Mixpanel Inc., employs cookies and tracking pixels to process usage data, which is primarily stored on servers located in the USA. Measures like IP anonymization are implemented within the European Economic Area to increase privacy.

Your engagement with Mixpanel is governed by your explicit consent, aligning with Article 6(1)(a) of the GDPR, and can be withdrawn at your discretion through cookie preference adjustments.

Your Data Rights

As stipulated by the GDPR, you possess comprehensive rights concerning your personal data, including access, rectification, erasure, processing restriction, objection to processing, consent withdrawal, and data portability.

You can object the processing of your data by contacting our Data Protection Officer.

Contact us

If you have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information, please get in touch with our Data Protection Officer:

Motif Land, Inc. Michael Fester 2261 Market Street #4059 San Francisco, CA 94114 United States

privacy@markprompt.com

Last Updated: April 11, 2024