Privacy Policy

Last Updated October 15, 2021

Privacy Policy

Effective Date: 10/16/2021

This Privacy Policy describes how Malomo, Inc. (“Malomo,” “we,” “us,” and “our”) collects, uses, and discloses information and what choices you have with respect to the information.

1. Scope of this Privacy Policy

This Privacy Policy applies to Malomo’s products and services, including applicable applications (collectively, the “Services”), and other Malomo websites (collectively, the “Websites”) and other interactions (e.g. customer services inquiries, conferences, etc.) you may have with Malomo. If you do not agree with the terms, do not access or use the Services, Websites, or any other aspect of Malomo’s business.

This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the Malomo platform (“Third Party Services”), or any other third-party products, services or business. In addition, a separate agreement governs delivery, access, and use of the Services (the “Terms of Service”), including the processing of any data submitted through the Services (“Service Data”). The organization (e.g. your employer or another entity or person) that agreed to the Terms of Service (“Customer”) controls its instances of the Services and any associated Service Data (the “Customer Instance”).

2. Information Malomo Collects and Receives

Malomo may collect, generate, and receive Service Data and other information and data (“Other Information”; Service Data and Other Information collectively “Information”) in a variety of ways:

Service data. Customers and individuals granted access to a Customer Instance by a Customer (“Authorized Users”) may submit Service data to Malomo when using the Services.

  • Other Information.
    • Account Information. To create or update a Malomo account, you or a Customer supplies Malomo with an email address, phone number, password, domain and or/similar account details. In addition, Customers that purchase a paid version of the Services, provide Malomo (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.

    • Usage information.
      • Services metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users interact with the Services. For example, Malomo logs what Third Party Services are connected to the Services (if any).

      • Log data. As with most technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.

      • Location information. Malomo receives information from you, your Customer and other third parties that may help Malomo approximate your location. Malomo may, for example, use a business address submitted by your employer, or an IP address received from your browser or devices to determine approximate location. Malomo may also collect location information from devices in accordance with the consent provided by your device.

    • Cookie information. Malomo uses cookies and similar technologies in our Websites and Services to help us collect Other Information. The Website and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how Malomo uses these technologies, and your opt-out opportunities and other options, please see Malomo’s Cookie Policy.

    • Third Party Services. A Customer can connect Third Party Services to its Customer Instance. Typically, Third Party Services are software services that integrate with Malomo Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Customer Instance. Malomo may also develop and offer Malomo applications that connect the Services with a Third Party Service. Once enabled, the provider of a Third Party Service may share certain information with Malomo. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Malomo. When a Third Party Service is enabled, Malomo is authorized to connect and access Other Information made available to Malomo in accordance with any permission(s) granted by Customer (including, by its Authorized User(s)).

    • Contact information. An Authorized User is required to provide some contact information (e.g., an email address) when making an account on the Services.

    • Third-party data. Malomo may receive data about organizations, industries, lists of companies, website visitors, marketing campaigns and other matters related to our business from affiliates, our partners, or others that Malomo engages with to make Malomo’s own information better or more useful. This data may be combined with Other Information Malomo collects and might include aggregate-level data or specific data.

    • Additional information provided to Malomo. Malomo receives Other Information when submitted to our Websites or in other ways, such as if you participate in a focus group, contest, event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Malomo.

3. How Malomo Uses Information

Service Data will be used by Malomo in accordance with the applicable Terms of Service, Customer’s use of the Services functionality, and as required by applicable law. Malomo is a processor of Service Data and Customer is the controller.

In addition, Malomo uses Information in furtherance of our legitimate interests in operating our Services, Websites, and business. Specifically, Malomo uses Information:

  • To provide, update, maintain and protect our Services, Websites, and business. This includes use of Service Data and Other Information to support delivery of the Services under the Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User’s request.

  • As required by applicable law, legal process, or regulation.

  • To communicate with you by responding to your requests, comments and questions. If you contact us, Malomo may use Information to respond.

  • To develop and provide additional features. Malomo tries to make the Services as useful as possible for Customers and Authorized Users, and we may use Services Data and Other Information to develop new Services or improve existing Services.

  • To send emails and other communications. Malomo may send you service, technical and other administrative emails, messages, and other types of communications. Malomo may also contact you about changes in our Services, Services offerings, and important Services-related notices. These communications are considered part of the Services and you may not opt out of them. In addition, Malomo sometimes sends emails about new product features, promotional communications, or other news about Malomo. These are marketing messages and you can control whether you receive them.

  • For billing, account management, and other administrative matters. Malomo may need to contact you for invoicing, account management and similar reasons and Malomo uses account data to administer accounts and keep track of billing and payments.

  • To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so that it is no longer associated with an identified or identifiable natural person, Malomo may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

We use the personal information we collect from you and your customers in order to provide the Service and to operate the App. Additionally, we use this personal information to: Communicate with you; Optimize or improve the App; and Provide you with information or advertising relating to our products or services.

4. Data Retention

Malomo will retain Service Data in accordance with the applicable Terms of Service, Customer’s use of Services functionality, and as required by applicable law.

Malomo may retain Other Information for as long as necessary for the purposes described in this Privacy Policy. This may include keeping Other Information for the period of time needed for Malomo to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

5. How Malomo Shares and Discloses Information

This section describes how Malomo may disclose information.

  • Displaying and operating the Services. Because of the nature and functionality of the Services, Information will be displayed as part of the Services to Authorized Users in a Customer Instance. For example, information about which of the Customer’s users purchased and received an item at a certain address may be displayed as part of the Services.

  • Third-party service providers and partners. Malomo may engage third parties as service providers or business partners to process Information to support our business. These third parties may, for example, provide virtual computing and storage services. To the extent necessary and applicable, these third parties will be bound by appropriate and commercially reasonable confidentiality obligations. Additional information about the sub-processors Malomo uses to support delivery of our Services is available to Customers upon request.

  • Third Party Services. Customers may enable or permit Authorized Users to enable Third Party Services. When enabled and as requested by Customer, Malomo may share Information with Third-Party Services. Third Party Services are not owned or controlled by Malomo and third parties that have been granted access to Information may have their own policies and practices for its collection, use and sharing. Please check the permissions, privacy settings, and notices for these Third Party Services or contact the service provider for any questions.

  • During a change to Malomo’s business. If Malomo engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Malomo’s assets or stock, financing, public offering of securities, acquisition of all or a portion of Malomo’s business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all information may be shared or transferred, subject to appropriate and commercially reasonable confidentiality arrangements.

  • Aggregated or de-identified data. Malomo may disclose or use aggregated or de-identified information for any purpose.

  • To Comply with Laws. If a law enforcement or government agency sends Malomo a demand for Information about a Customer, Malomo will attempt to redirect the agency to request that data directly from the Customer. As part of this effort, Malomo may provide Customer’s basic contact information to the law enforcement or government agency. If compelled to disclose Information to a law enforcement or government agency, then Malomo will give the Customer reasonable notice of the demand and cooperation to allow the Customer to seek a protective order or other appropriate remedy unless Malomo is legally prohibited from doing so. Malomo will not voluntarily disclose Information related to a Customer to any law enforcement or government agency.

  • To enforce our rights, prevent fraud, or for safety. To protect and defend the rights, property, or safety of Malomo or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

  • With consent. Malomo may share Information with third parties when Malomo has consent to do so.

6. Security

Malomo takes security of data seriously. We use industry-standard technical and organizational measures to protect information from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information Malomo collects, processes, and stores, and the current state of technology. Given the nature of communications and information processing technology, Malomo cannot guarantee that Information in our care will be absolutely safe from intrusion by others during transmission through the internet or while stored on our systems or otherwise. When you click a link to a third-party site, you will be leaving our site and Malomo doesn’t control or endorse what is on third-party sites.

7. Children’s Privacy

Malomo Services and Websites are intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

8. Changes to this Privacy Policy

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Malomo will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If Malomo makes changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should cease interacting with the Services. Contact the applicable Customer if you wish to request the removal of Personal Data under their control.

9. Identifying the Data Controller and Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Service Data. In general, Malomo is the processor of Service Data and controller of Other Information.

10. Your Rights

If you are a European resident and subject to any exemptions provided by law (GDPR), you may have the right to access Information we hold about you and to ask that your Information be corrected, updated, or deleted. If you would like to exercise this right, contact the Customer who controls your Malomo Instance for additional access and assistance. If Malomo is the controller of your Information, you can submit your request to [email protected]. Additionally, please note that your information will be transferred outside of Europe, including to the United States.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests, to comply with a legal obligation, or if you are a resident of a country or state that does not provide the rights you have requested. We will let you know where this is the case or if certain rights don’t apply in your country or state of residence. We may request you provide us with information necessary to verify your identity before responding to your request as required or permitted by applicable law.

Any natural person may instruct us not to use your Information to contact you for direct marketing purposes by email, postal mail, or phone regarding products, services, and promotions that might appeal to your interests by contacting us using the information below:

  • You can opt-out of receiving further promotional emails from us by following the unsubscribe instructions provided in the promotional email you receive from us or by contacting us directly at the email address listed below.

  • Our Customers may send you emails or text messages using our services. If you would like to opt-out of receiving such further communications, you need to exercise your rights with our Customers by, for example, unsubscribing to Customer emails.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

11. Your California Privacy Rights

This section provides additional details about the personal information Malomo collects about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information Malomo collects please see the Information Malomo Collects and Receives section above. Malomo collects this information for the business and commercial purposes described in the How Malomo Uses Information section above. Malomo shares information with the categories of third parties described in the How Malomo Shares and Discloses Information section above. Malomo does not sell (as such term is defined in the CCPA) the personal information Malomo collects. Please note that Malomo may use third-party cookies for our advertising purposes.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information Malomo collects (including how Malomo uses and discloses this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected]. Malomo will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

12. Contacting Malomo

Contact Us For more information about our privacy practices, if you have questions, or if you are seeking to exercise any of your statutory rights. Malomo will respond within a timeframe that is compliant with all applicable regulations. You may contact us at [email protected] or by mail using the details provided below:

Malomo, Inc.

Attn: Yaw Aning

8520 Allison Pointe Blvd Ste 223

PMB 47356

Indianapolis, Indiana 46250