Marscode Privacy Policy
Last updated: 26 April 2024
Introduction
This privacy policy ("Privacy Policy") applies to the personal information that Marscode processes in connection with Marscode apps, plugins, websites, software and related services (the “Platform”), that link to or reference this Privacy Policy.
Data Controller: The Platform is provided and controlled by SPRING (SG) PTE. LTD., with its registered address in Singapore (“we”or “us”). If you have any questions about how we use your personal data, please contact feedback@marscode.com.
When you deploy your apps, websites or software (your “Software”) through Marscode**,** you act as an independent data controller of the personal data that you may collect, use and otherwise process through your Software (the “Developer Controlled Data”). Please take note that Marscode does not provide services assisting the management of Developer Controller Data, and does not act as your data processor. If such services are required, please engage your own service provider.
What Information We Collect
We collect your information in three ways: Information You Provide, Automatically Collected Information, and Information From Other Sources. More detail is provided below.
Information You Provide
- Profile Information. We collect information that you provide when you set up an account, such as your username, email address and/or telephone number, and password. You can add other information to your profile, such as a bio or a profile photo.
- User Content. When you interact with the Platform, we may collect code, text, photographs, files, feedback, reviews, chat history, or any other content that you may upload to the Platform, and the associated metadata (such as when, where, and by whom the content was created).
- Surveys, Research, and Promotions. We collect information you provide if you choose to participate in a survey, research, promotion, contest, marketing campaign, or event conducted or sponsored by us.
- Information When You Contact Us. When you contact us, we collect the information you send us, such as proof of identity or age, feedback or inquiries about your use of the Platform or information about possible violations of our Terms of Service (our “Terms”) or other policies that we may introduce from time to time.
Automatically Collected Information
- Technical Information. We collect certain device and network connection information when you access the Platform. This information includes your device model, operating system, keystroke patterns or rhythms, IP address, and system language. We also collect service-related, diagnostic, and performance information, including crash reports and performance logs. We automatically assign you a device ID and user ID. Where you log-in from multiple devices, we use information such as your device ID and user ID to identify your activity across devices to give you a seamless log-in experience and for security purposes.
- Usage Information. We collect information about how you engage with the Platform, including information about the duration and frequency of your use and your settings. If you are using the Marscode plugin on an external coding platform, we also collect information on the plugin’s contribution statistics to your projects.
- Inferred Information. We may infer your attributes (such as programming language) or the intended objectives of your product based on your User Content to provide more personalised suggestions. We also use inferences, for example, to keep the Platform safe and for content moderation.
- Cookies. We use cookies and similar tracking technologies to operate and provide the Platform. We only use cookies and similar tracking technologies that we set and use directly (“first-party”), that are necessary to provide you with the Platform and the services that you have requested (where applicable). For example, we use them for security and authentication purposes and to maintain your logged-in status. As we only use first-party tracking technologies that are essential for us to provide you with the Platform and the requested services, you are unable to decline them through the Platform. However, most browsers will allow you to control your cookie and local storage settings to, for example, delete all cookies and site data. For more information visit your browser settings, or for the most popular browsers you can find more information here:
- Google Chrome: https://support.google.com/chrome/answer/95647?hl=en;
- Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac;
- Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Edge: https://support.microsoft.com/en-gb/help/4027947/microsoft-edge-delete-cookies
- Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
Please note that if you choose to delete or block cookies and similar technologies through your browser settings, you may not be able to use the full functionality of the Platform. We will otherwise obtain your consent to our use of cookies where required by law.
Information From Other Sources
- Log-in, Sign-up, or Linked Services. Where available, if you choose to sign-up or log-in to the Platform using a third-party service such as Google and Github, or link your account to a third-party service, we may collect information from the service, such as your name and email address.
How We Use Your Information
We use your information to operate, provide, develop, and improve the Platform, including for the following purposes.
- Provide and administer the Platform, such as enabling you to develop and deploy Software using the provided tools, and provide user support.
- Enforce our Terms and other policies that apply to you. We review User Content and other information to protect the safety and well-being of our community.
- Maintain and enhance the safety, security, and stability of the Platform by identifying and addressing technical or security issues or problems (such as technical bugs, spam accounts, and detecting abuse, fraud, and illegal activity).
- Review, improve, and develop the Platform, including by monitoring interactions and usage across your devices, analyzing how people are using it, and by training and improving our technology, such as our machine learning models and algorithms.
- Facilitate research conducted by independent researchers that meets certain criteria.
- Promote the Platform or third party services through marketing communications, contests, or promotions.
- Comply with our legal obligations, or as necessary to perform tasks in the public interest, or to protect the vital interests of our users and other people.
How We Share Your Information
Service Providers
We engage service providers that help us provide, support, and develop the Platform and understand how it is used. They provide services such as cloud hosting, content delivery, customer and technical support, content moderation, marketing and analytics. We share Information You Provide, Automatically Collected Information, and Information From Other Sources with these service providers as necessary to enable them to provide their services.
We use large language models such as Microsoft Azure OpenAI to provide chatbot services for you. We may provide them with your information (e.g., requests submitted to the chatbot) to get output responses.
Business Partners
Third Party Platforms and Partners. We share limited information which may include Information You Provide, Technical Information, and Usage Information with third party platforms and partners whose platform or services are integrated with the Platform. We do this to give you a seamless experience, allow your content to be shared on other platforms, and/or enable third party platforms and partners to better authenticate users. Some examples include if you:
- sign-up or log-in to the Platform using your account details from a third party platform (such as Google or Github), we will share certain Technical Information to facilitate account sign-up or log-in;
- Share User Content you publish on the Platform on other social media platforms, we will share your User Content and related information.
Our Corporate Group
As a global company, the Platform is supported by certain entities within our corporate group. These entities process Information You Provide, Automatically Collected Information, and Information From Other Sources for us, as necessary to provide certain functions, such as storage, content delivery, security, research and development, analytics, online payments, customer and technical support, and content moderation.
Others
We share your information in other limited scenarios as follows:
Users of Our Analytics Services. We provide aggregated statistics and insights to help people and businesses understand how people are engaging with the Platform. We create this aggregate information using Information You Provide and Automatically Collected Information.
Corporate Transactions. Your information may be disclosed to third parties in connection with a corporate transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business.
Legal Obligations and Rights. We may access, preserve, and share the information described in "What Information We Collect" with law enforcement agencies, public authorities, copyright holders, or other third parties if we have good faith belief that it is necessary to:
- comply with applicable law, legal process or government requests, as consistent with internationally recognised standards,
- protect the rights, property, and safety of our users, copyright holders, and others, including to protect life or prevent imminent bodily harm. For example, we may provide information (such as your IP address) to law enforcement in the event of an emergency where someone’s life or safety is at risk,
- investigate potential violations of and enforce our Terms, or any other applicable terms, policies, or standards, or
- detect, investigate, prevent, or address misleading activity, copyright infringement, or other illegal activity.
With Your Consent
Depending on where you live and your use of the Platform, we may share your information for other purposes pursuant to your consent or at your direction. For example, if you choose to upload your User Content (e.g. code) to a third-party platform (e.g. Github) via the Platform, we will execute your instructions. Said content shared is subject to the third-party platform’s terms and policies.
Third-party content. The Platform may contain links to policies, functionality, or content maintained by third parties who we do not control. We are not responsible for, and make no representations regarding, such policies, functionality, or content or any other practices or operations of such third parties.
Your Rights and Choices
Depending on where you live, you may have certain rights with respect to your personal information, such as a right to know how we collect and use your personal information. You may also have a right to access, change, oppose, request a copy of your authorization, file complaints before the competent authorities, withdraw your consent, or limit our collection and use of your personal information as well as to request that we delete it, and potentially others. In certain circumstances, you can also ask us to provide additional information about our collection and use of your personal information. Please note that your exercise of certain rights may impact your ability to use some or all of Marscode’s features and functionalities.
If you have registered for an account, you may also access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities.
Please contact us by using the contact information provided in the “Contact Us” section if you would like to exercise any of your rights. We will respond to your request consistent with applicable law and subject to proper verification.
Data Security
Security of your information is important to us. We maintain appropriate technical, administrative, and physical security measures that are designed to protect your information from unauthorized access, theft, disclosure, modification, or loss. We regularly review our security measures to consider available new technology and methods.
For security and privacy reasons, we request that you abstain from disclosing personal information, including passwords, credit card numbers, or other confidential data during chat interactions. Our commitment to safeguarding your privacy is unwavering, but the security of personal information also relies on safe user practices.
How Long do We Keep Your Information for
We retain information for as long as necessary to provide the Platform and for the other purposes set out in this Privacy Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing the Platform, and enhancing its safety, security and stability), and for the exercise or defense of legal claims.
The retention periods will be different depending on the type of information and the purposes for which we use the information. For example, when we process your information to provide you with the Platform, we keep this information for as long as you have an account. This information includes your Profile Information and User Content. If you violate our Terms, we may remove your access to the Platform immediately but keep your information as necessary to process the violation.
Where We Store Your Information
The personal information we collect from you may be stored on a server located outside of the country where you live. We store the information we collect in secure servers located in the United States and/or Singapore. Where we transfer any personal information out of the country where you live, including for one or more of the purposes as set out in this Policy, we will do so in accordance with the requirements of applicable data protection laws.
Information Relating to Children Under 13
The Platform is not directed at children under the age of 13. The minimum age to use the Platform may differ depending on the country or region you are in. If you believe that we have personal information about or collected from a child under the age of 13, please contact us at feedback@marscode.com.
Privacy Policy Updates
We may amend or update this Privacy Policy from time to time. When we update the Privacy Policy, we may notify you of material changes by updating the “Last Updated” date at the top of the new Privacy Policy, posting the new Privacy Policy, or by providing other notice required or permitted by applicable law. We recommend that you review the Privacy Policy from time to time to stay informed of our privacy practices.
Contact Us
Questions, comments and requests regarding this Privacy Policy should be addressed to: feedback@marscode.com.
SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC
In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of the Privacy Policy, the relevant jurisdiction’s Supplemental Terms – Jurisdiction Specific will supersede and control.
Argentina
If you are using our services in Argentina, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of this Policy, the following terms shall prevail.
Your rights and options
According to Law No. 25,326, Regulatory Decree No. 1558/2001 and the provisions and/or binding resolutions issued by the Agency for Access to Public Information ("AAIP"), you have the following rights with respect to your personal data: access, rectification and deletion regarding data protection. You can exercise your rights by sending your request to feedback@marscode.com free of charge.
We encourage you to contact us if you are not satisfied with how we have responded to any of your rights requests. You also have the right to lodge a complaint with the AAIP. You can contact AAIP through the site: https://www.argentina.gob.ar/aaip/datospersonales/derechos
Australia
Certain entities in our corporate group, located outside of Australia, are given limited remote access to your information so that they can provide certain functions, as described in the section on "How we share your information."
Brazil
If you are using our Services in Brazil, the following additional terms apply:
Exercise of data protection rights. Brazilian law provides certain rights to individuals with regard to their personal data. Thus, we seek to ensure transparency and access controls in order to allow users to benefit from the mentioned rights.
We will respond and/or fulfill your requests for the exercise of your rights below, according to the applicable law and when applicable, to the Brazilian General Data Protection Law - LGPD:
- confirmation of whether your data are being processed;
- access to your data;
- correction of incomplete, inaccurate or outdated data;
- anonymization, blocking or erasure of data;
- portability of personal data to a third party;
- object to the processing of personal data;
- information of public and private entities with which we shared data;
- information about the possibility to refuse providing personal data and the respective consequences, when applicable;
- withdrawal of your consent.
Verifying your identity. For your safety and to allow us to make sure that we do not disclose any of your personal data to unauthorized third parties, in order to verify your identity and guarantee the adequate exercise of your rights, we may request specific information and/or documents from you before we can properly respond to a request received concerning your data. All data and documents received from you in the process of responding to your requests will be used for the strict purposes of analyzing your request, authenticating your identity, and finally responding to your request.
Limitations to your rights. In certain situations, we may have legitimate reasons not to comply with some of your requests. For instance, we may choose not to disclose certain information to you when a disclosure could adversely impact our business whenever there is a risk of violation to our trade secrets or intellectual property rights. In addition, we may refrain from complying with a request for erasure when the maintenance of your data is required for complying with legal or regulatory obligations or when such maintenance is required to protect our rights and interests in case a dispute arises. Whenever this is the case and we are unable to comply with a request you make, we will let you know the reasons why we cannot fulfill your request.
In case of doubt about your privacy, your rights or how to exercise them, please contact us using the information in the "Contact Us" section. If you have any questions about the processing of your personal data, we would like to clarify them.
International Transfer of Data. We share your personal data globally with companies of our business group to carry out the activities specified in this Policy. We may also subcontract the processing of data involved in the Services or share your personal data with third parties located in other countries. Your personal data may therefore be subject to privacy laws other than those applicable in your country.
Whenever we transfer your personal data to third parties located in other countries, we will ensure that these companies comply with applicable data protection laws and we will take all measures that are reasonably necessary to ensure the existence of adequate safeguards to protect your personal data and to ensure that it is processed safely.
Parental and Guardian Consent. If required by Brazilian data protection laws, (i) if you are over the age of 16 but under the age of 18, you can only use and register for an account with the assistance of your parent or legal guardian and you declare and represent that you had such assistance to use the Services and to agree to the Policy; (ii) if you are over the age of 13 but under the age of 16, you can only use and register for an account with the representation of your parent or legal guardian, and you must obtain the consent from your parent or legal guardian to the use of the Services and acceptance of this Privacy Policy.
Language. The Policy may have been prepared in the English language and in the Portuguese language. If you are a user located in Brazil, you shall refer to the Portuguese version, which shall prevail.
DPO. If you wish to contact the Data Protection Officer, please contact us: dpobrasil@bytedance.com.
Canada
If you are using the Platform in Canada, the following additional terms apply.
Your Rights. Subject to limited exceptions under applicable law, you have the right to access, update, rectify and correct inaccuracies in your personal information in our custody and control and to withdraw your consent to our collection, use and disclosure of your personal information. To exercise these rights, you may contact us using the contact information set out below. We may require certain personal information for the purpose of verifying the identity of the individual making the request.
Your Choices. You can unsubscribe from our marketing emails at any time by clicking the “unsubscribe” link included at the bottom of each email we send. You can also adjust your preferences regarding certain types of personalized advertising by using the Ads tools in Settings.
Data Retention Practices. We have procedures in place to limit the retention periods as set out in the “How Long We Keep Your Information” section above. When personal information is no longer needed for these purposes or is no longer required to be retained by law, we take appropriate steps to dispose of it securely in accordance with our internal procedures.
Transfer Outside Your Jurisdiction. We and our service providers (including members, subsidiaries, or affiliates of our corporate group) may access, store and otherwise process personal information outside of Canada (and, for residents of Quebec, outside of Quebec), including in the United States and Singapore, and other foreign jurisdictions where we or our service providers are located. For information about the manner in which we or our service providers (including service providers outside Canada) process personal data, please contact us using the contact information set out below.
Contact. If you are a resident of Canada, you can contact our Privacy Office using the contact information provided in the “Contact Us” section.
European Economic Area (“EEA”), Switzerland, and UK
If you are using the Services in the EEA, Switzerland or the UK (the “European Region”), the following additional terms apply:
Legal bases for processing.
We use your personal data only as permitted by law. Our legal bases for processing your personal data described in this Policy are described in the table below.
International data transfers
If you normally reside in the European Region, the personal data that we collect about you may be further transferred to, and stored at, a destination outside of the European Region (for instance, to our service providers and partners). For example, we may store the information that we collect in secure servers located in the United States and Singapore. These transfers are made pursuant to appropriate safeguards, such as adequacy decisions or standard data protection clauses adopted by the European Commission. If you wish to enquire further about these safeguards, please contact us at feedback@marscode.com.
Your rights
You have the following rights:
- The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
- The right to request proper rectification or erasure of your personal data or restriction of the processing of your personal data;
- Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);
- Where the processing of your personal data is based on your consent, the right to withdraw your consent at any time (withdrawal will not impact the lawfulness of data processing activities that have taken place before such withdrawal);
- The right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you unless we have your consent, this is authorised by European Union or Member State law or this is necessary for the performance of a contract;
- The right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing;
- You have the right to request the restriction of the processing of your information where (a) you are challenging the accuracy of the information, (b) the information has been unlawfully processed, but you are opposing the deletion of that information, (c) where you need the information to be retained for the pursuit or defence of a legal claim, or (d) you have objected to processing and you are awaiting the outcome of that objection request.
- The right to object to processing your personal data for direct marketing purposes; and
- The right to lodge complaints before your local data protection authority.
Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Please send an email to us if you would like to exercise any of your rights at feedback@marscode.com.
If you are based in the United Kingdom, our designated GDPR representative is:
Cosmo Technology Private Limited
Kaleidoscope,
4 Lindsey Street,
London,
United Kingdom,
EC1A 9HP
If you are based in the EEA or Switzerland, our designated GDPR representative is:
Mikros Information Technology Ireland Limited
Mespil Business Centre
Mespil House
Sussex Road
Dublin 4
Ireland
Egypt
If you are using our Services in Egypt, the following additional terms apply:
- You declare that you are over the age of 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged this Privacy Policy and Terms of Service and agree to the use by your child of the Platform and registration for an account.
Indonesia
If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of this Policy, the following terms shall prevail.
Age, Parental and Guardian Consent. By accessing and/or using our Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, or under guardianship:
- you must obtain approval from your parent(s) or legal guardian(s); and
- your parent(s) or legal guardian(s) are responsible for: (i) all your actions in connection with your access to and use of the Services; (ii) your compliance with this policy; and (iii) ensuring that any of your participation in the Services will not, in any event, result in any violation of applicable laws and regulations relating to child protection.
If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing and/or using the Services.
Your Choices. You may withdraw your consent to our disclosure of personal data to third parties. Upon your request, we will display, publish, transmit, disseminate, and/or open the access to your personal data to third parties. Please note that by withdrawing your consent to the disclosure and/or collection of your personal data, we may not be able to fulfill your requests and you may not be able to use some of the Platform’s features and functionality.
You may request that we: (i) disclose the history of personal data that we have collected; and/or (ii) erase and dispose of your personal data that we have collected on our server. Please note that by requesting us to erase and dispose of your personal data, you may not be able to use some of the Platform's features and functionality.
To exercise any of your rights, contact us at: feedback@marscode.com.
Notification. In the event of any breach of personal data, we will notify you and provide you with information regarding such breach of personal data.
Data retention. We retain your information for as long as it is necessary to provide you with the service. Where we do not need your information in order to provide the service to you, we retain it only for so long as we have a legitimate business purpose in keeping such data. However, there are occasions where we are likely to keep this data for five (5) years (or longer if required) in accordance with our legal obligations or where it is necessary for the establishment, exercise or defence of legal claims.
After you have terminated your use of our Services and the five (5) years retention period has lapsed, we store your information in an aggregated and anonymised format. Non-personally identifiable information may be retained indefinitely for analytics.
India
If you are using our Services in India, the following additional terms apply. Your continued access to or use of the Services after the date of the updated Privacy Policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Services.
Grievance Officer For India. In accordance with Information Technology Act 2000 and rules framed thereunder, a Grievance Officer has been appointed and a complaint or other issue faced by a user of our platform or other issue faced may be submitted through the email provided in the “Contact Us” section.
The complaint should provide: (i) username of the relevant account holder (ii) specific content that is of concern and (iii) reason(s) for the request.
Israel
If you are using our services in Israel, these additional terms apply. You declare that you are over the age of 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged the Marscode Privacy Policy and Terms of Service and agree to the use by your child of the Platform and registration for an account.
Japan
The Platform is provided and supported by SPRING (SG) Pte. Ltd. ("SPRING", “we” or “us”).
Like many other websites and apps, our Platform uses cookies and other similar tracking technologies such as software development kits (“SDKs”) and pixels. These technologies allow us to operate and provide the Platform. SPRING may request that the user’s related information recorded on the user’s electronic device be transmitted to SPRING or a third party when providing the Platform to you.
Our Privacy Policy describes “What Information We Collect” from you when you use the Platform, “How We Use Your Information”, and “How We Share Your Information”. Those sections apply to our use of cookies and other similar tracking technologies on the Platform, and this Privacy Policy Addendum supplements those sections with further information. Our Privacy Policy and this Privacy Policy Addendum disclose relevant information regarding the external transmission of user information pursuant to the Telecommunications Business Act of Japan.
Kindly note that this document covers our own first-party tracking technologies, and third-party tracking technologies which we use. Information processed using first-party tracking technologies is received by us.
Cookies used on the Platform
Platform Functionality
We use tracking technologies to provide our Platform and the features you have requested.
First-party tracking technologies (set by SPRING):
We use first-party tracking technologies for the following functionality purposes:
- Optimising and improving access to the website
- Preventing fraud and detecting non-human (bot) traffic
- User authentication and secure logins
- Localisation (remembering the country from which you visit our website(s) and your language preferences) .
Contact
If you have questions, comments, complaints or requests regarding this Privacy Policy Addendum, please contact us at: feedback@marscode.com.
Mexico
If you use our services in Mexico, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of this policy, the following terms shall prevail.
How we use your personal data. Almost all of the purposes of the processing data indicated above in the main section of this Privacy Policy are necessary purposes. However, the following are secondary purposes:
- To provide you with personalized advertising.
The above purposes is/are not necessary to provide the Platform, but allows us to provide you with a better experience. We offer you the ability to make choices about how we use and disclose your personal data. You can always limit the secondary purposes of personalized advertising by using the tools in the Settings that allow you to limit certain features.
We use both human and automated means to process your data.
How we share your personal data. We may share your personal data with a third party for purposes other than processing on our behalf. We will obtain your consent to such disclosure as required by applicable laws.
By providing us with your personal data and using our Platform, you agree to transfers that require your consent. You can always revoke your consent and exercise your rights as outlined below.
Language. The Policy may have been prepared in the English language and in the Spanish language. If you are a user located in Mexico, you shall refer to the Spanish version, which shall prevail.
Your Rights. You have the following rights with respect to your personal data: access, rectification, cancellation, opposition, revocation of consent, limitation of use and disclosure of your data. You may exercise your rights by sending your request to feedback@marscode.com. To learn about the applicable requirements and the procedure for exercising your rights, please contact us at the above email address. If you are under 18 years of age, you may exercise your rights through a parent or guardian. Requests to exercise for your rights will be resolved as soon as possible according to the nature of your request.
Philippines
If you are using our Services in Philippines, the following additional terms shall apply pursuant to the relevant laws, rules and regulations and issuances by the Philippines National Privacy Commission (“NPC”) on data privacy.
Your Rights. To the extent that the relevant laws, rules and regulations on data privacy recognize your rights and freedoms as data subjects, you shall have the right to information, object, access, rectification, erasure or blocking, lodge complaints before the NPC, damages and data portability. Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
South Africa
If you are using our Services in South Africa, the following additional terms apply:
You declare that you are over the age of 18. If you are under the age of 18, please have your parent or legal guardian read this with you. If you are reviewing these terms as the parent/legal guardian of a user who is under the age of 18, you hereby declare that such user is above the age of 13 and that you have read and acknowledged this Privacy Policy and Terms of Use and agree to the use by your child of the Platform and registration for an account.
South Korea
If you are using our Services in South Korea, the following additional terms apply:
How we share your information. In addition to the main text of this policy, in the event we use information such as User Content and video content on our Platform as part of our advertising and marketing campaigns to promote the Platform, your personal information contained in such information may be disclosed to the recipients of such advertising or marketing content.
Customized Ads. We may from time to time provide personalized ads on our Platform to provide you our Platform for free.
Data retention. We destroy personal data whose purpose of collection as consented to by you have been achieved, or whose periods of and use to which you consented to or which were provided in the Policy have expired; provided, however, we will continue to store your personal data for the following statutorily-prescribed periods, where applicable, including, but not limited to:
- Act on Consumer Protection in Electronic Commerce:
- Records on your cancellation of an order, your payment on a purchased item, and our supply of a good/service: 5 years
- Records on the handling of consumer complaints or disputes: 3 years
- Records on advertisements and labels: 6 months
- Protection of Communications Secrets Act
- Records on your visits to our website: 3 months
Destruction of Personal data. We destroy your personal data in a manner that renders it unrestorable by the relevant department.
Your Rights
- Data rights. You have the right to access personal data we hold about you, to rectify any personal data held about you that is inaccurate, to request the deletion of personal data held about you, and the right to request the suspension of the processing of your personal data. You can exercise your rights by contacting us at feedback@marscode.com.
- Data Security. We work hard to protect Marscode and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. To this end, we have in place technical, managerial and physical safeguards, including internal policy for data protection, limiting the access to personal data on a need-to-know basis and controlling access to the facilities where personal data is processed.
- Information Relating to Children. Marscode is not directed at children under the age of 14.
- Entrustment and/or Overseas Transfer of Personal Data. We entrust your data to our affiliates, cloud storage providers, IT service providers, and data centers, some of whom are located abroad, subject to your consents or notifications to you, if applicable. The entities receiving and processing your data are committed to using and storing personal data in compliance with domestic and international regulations and to taking all available physical and technical measures to protect personal data. You may opt-out of such transfer so long as the transfer is not necessary to provide you with the Services, by contacting feedback@marscode.com.
Türkiye
If you are using our Services in Türkiye, the following additional terms:
Data Controller Representative. You may contact our data controller representative in Türkiye by email to handle questions and complaints in connection with the processing of your personal data if you are in Türkiye.
Legal bases for processing your personal data. We rely on the following legal bases while processing your personal data in accordance with Article 5 of the Law No. 6698 on Protection of Personal Data:
- processing is explicitly laid down or dictated by laws
- processing of your personal data is necessary provided that it is directly related to the conclusion or fulfillment of the contract between us
- processing is mandatory for us to be able to comply with our legal obligations
- the relevant data is made available to the public by yourself
- processing is mandatory for the establishment, exercise or protection of a right
- processing is mandatory for our legitimate interests, provided that it does not violate your fundamental rights and freedoms
- your explicit consent (Please note that we rely on this legal basis only when we require your consent for the processing and we do not rely on this legal basis if and when we rely on one of the other legal grounds above)
Your rights. According to Article 11 of the Data Protection Law, you have the following rights with respect to your personal data:
- the right to learn whether we process your personal data,
- the right to request information with regard to such processing, if we process your personal data,
- the right to learn the purposes of the processing and whether they are used for such purpose or not;
- the right to know the third parties within or outside the country, to whom we transfer your personal data,
- the right to request correction of incomplete or inaccurate personal data,
- the right to request deletion or destruction of your personal data under the conditions set forth in Article 7 of the Data Protection Law,
- the right to request that we notify the third parties, to whom we transferred your personal data, about the correction, deletion and/or destruction of your personal data per your request within the scope of the foregoing two items,
- the right to object to the negative results about you that are due to the analysis of your personal data processed solely by automated means,
- the right to claim indemnification for damages incurred due to illegal processing of your personal data.
If you would like to exercise your rights, please contact us at feedback@marscode.com.
The requests found in your application will be resolved as soon as possible according to the nature of your request and within thirty days at the latest free of charge. However, if your request incurs additional cost to our company, then you may be charged over the tariff fee determined by the Turkish Personal Data Protection Board.
Amendments. The following sections of the Policy do not apply to individuals in Türkiye:
The following sentence at the end of the second paragraph of the introduction section: If you do not agree with this Policy, you should not access or the Platform or Services.
The following sentence at the end of the Summary section: By accessing or using the Platform and our related websites, services, applications, products and/or content available on the Platform (collectively, the “Services"), you acknowledge that you have read and understood the practices described in this Policy, and hereby consent to us collecting, using, processing, disclosing or transferring your personal data in accordance with this Policy.
The following sentence at the end of the first paragraph of the Cookies section: By accessing or using the Platform and Services, you consent to our use of Cookies.
Language. This policy is available in English and Turkish. If there is any inconsistency or different interpretation between the English and Turkish versions, the Turkish text shall prevail.
United Arab Emirates
If you are using the Services in the United Arab Emirates (“UAE”), the following additional terms apply:
How we share your personal data
In addition to the main text of this policy, by using the Services in the UAE you agree to the terms of this Privacy Policy and consent to our sharing of your personal data in line with the main text of this Privacy Policy.
Governing law and dispute resolution
By using our Services in the UAE, this Privacy Policy will be governed by and interpreted in accordance with the laws of the UAE. In the event of a dispute arising between the parties in connection with this Privacy Policy:
- where the dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either party to the said Tribunal; and
- for all other disputes, the parties shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. If the dispute is not settled by mediation within 30 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. The language to be used in the mediation and in the arbitration, shall be English. In any arbitration commenced pursuant to this clause the number of arbitrators shall be one and the arbitration shall be conducted in Dubai.
United States
If you are using our Services in the United States, the following additional terms apply:
Your Rights and Choices
Depending on where you live, you may be entitled to certain rights with respect to your personal information, as described below:
- Right to Know. You may have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it.
- Access and Data Portability. Subject to certain exceptions, you may have the right to request a copy of the personal information that we collected about you during the 12 months before your request.
- Deletion. You may have the right to request that we delete information that we collected from or about you, subject to certain exceptions.
- Correct Inaccurate Information. You may have the right to request that we correct inaccuracies in the personal information we maintain about you.
For United States users, the Platform does not sell your personal information or share your personal information with third parties for purposes of cross-context behavioral advertising or targeted advertising where restricted by applicable law.”
You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise choices on your behalf, please provide evidence that you have given such agent power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.
We will respond to your request consistent with applicable law and subject to proper verification. We will verify your request by asking you to send it from the email address associated with your account or to provide information necessary to verify your account.
You may appeal any decision we have made about your request by replying to the communication you receive from us communicating your decision. We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on this Platform may change or no longer be available to you.
Other California Rights
- You can request that we disclose the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes. Requests may be submitted via the methods listed in the “Contact Us” section above.
- Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our products do not support Do Not Track requests at this time.
Vietnam
If you are using our Services in Vietnam, the following additional terms apply:
Age, Parental and Guardian Consent. By accessing and/or using the Services, you represent that you are at least 16 years of age or not under guardianship. If you are below 16 years old or under guardianship:
- you must obtain approval from your parent(s) or legal guardian(s); and
- your parent(s) or legal guardian(s) are responsible for: (i) all your actions in connection with your access to and use of the Services; (ii) your compliance with this policy; and (iii) ensuring that any of your participation in the Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections.
If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or legal guardian(s) is not willing to open the account under their name, you must cease accessing the Services.