Refactr ApS is the owning company of tradebacker.app and its services, and will be used as such below. This Refactr ApS Privacy Policy (the “Privacy Policy”) applies to the Refactr ApS service, which includes monitoring of websites and sending of event notifiations and related digital messaging services (the “Services”) offered by Refactr ApS, (“Refactr ApS,” “we,” ‘”us” or “our”) to any individual, organization, business entity, and/or user (“you” or “your”), through the website www.tradebacker.app or any other websites or mobile applications (collectively, the “Site”) that reference or link to this Privacy Policy. Refactr ApS is committed to: (1) protecting the privacy of data that we process or store relating to your use of the Site and/or Services; (2) maintaining the integrity of the data we collect from you; and (3) complying with our legal obligations with respect to such data and information. By using the Site and/or the Services, you consent to our collection, use and disclosure of information, and our processing of your data, as described in this Privacy Policy.

Personally Identifiable Information

We collect personal information (“personally identifiable information“ or “PII”) about users of the Site and/or Services. In general, that means we collect PII about you when you provide it to us for the reason you provided it to us. The other instances in which we may collect and use PII are described below.

We may collect PII when you do any of the following:

• register as a user of the Site and/or the Services;
• use the Services to monitor websites;
• use the Site to communicate with or otherwise interact with other users, our staff, or other persons who are permitted to interact with and use the Site (such as support personnel or services);
• participate in any contests, sweepstakes, surveys, user panels, focus groups or other interactive services on or related to the Site;
• visit or participate in forums or other discussions that we host or provide; or
• submit your contact information to us for the purpose of being contacted regarding our Services and for us to provide customer support.

We may collect the following PII:

• your contact information (e.g., your name, physical address, mailing address, email address, digital message address, and phone and fax numbers);
• your billing information which is stored by our payment provider Stripe, Refactr ApS do not have access to this data. (e.g., credit card information, etc.);
• your demographic and survey information (e.g., job function, title, topics of interest, purchase interest level, survey responses, and information solicited through online registration forms);
• your history as our customer (e.g., your order(s), payment history, Site and Services usage, promotional history, inquiries, and responses); and
• all content posted in public areas (e.g. online forum posts, comments on blog posts, articles, or other content on community areas, etc.). NOTICE: In order to maintain standards for online conduct in public areas we provide and/or sponsor, we may remove or appropriately edit/redact an inappropriate posting when we find it.

We may use your PII in the following ways:

• to respond to your inquiries and fulfill your requests, such as to send you newsletters, reports, or other communications;
• to send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies as well as notice regarding compliance actions we may take;
• to complete and fulfill your subscription purchase, for example, to process your payments, communicate with you regarding your subscription purchase and provide you with related customer service or technical support;
• to send you marketing communications that we believe may be of interest to you (including announcements about new services or products, featured editorial content, co-sponsored products, events, special sales and promotions, and more);
• to personalize your experience with the Services by presenting products and offers tailored to you;
• to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your PII, so we suggest that you read these rules carefully;
• to facilitate social sharing functionality;
• to allow you to send messages through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your recipients’ information or other digital sending and receiving address; to send notifications and
• for our business purposes, such as data analysis, audits, fraud monitoring and prevention, development of new products, enhancing, improving or modifying our Services, identifying usage trends, determining effectiveness of our promotional campaigns and operating and expending our business activities.

We may disclose your PII to the following:

• to our third-party contractors who maintain the Site and assist us with providing the Services. Such contractors who may have access to your PII include providers of services, such as website hosting, server hosting, data analysis, payment processing, subscription entitlement management, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing, content scanning and other similar services. They are permitted to access and use your PII solely and exclusively in performance of their duties to us or to comply with applicable laws, and they owe us either direct employment duties, or they have signed confidentiality agreements, such that they are obligated to keep your PII confidential; and
• to our partners and sponsors. Many of our products and offerings, including events, are offered in connection with other companies who are partners or sponsors. When you register for these activities, the names of any partners and sponsors will be clearly visible. We may maintain the PII you provide when you register for these sponsored programs and we may share it with our partners and sponsors. They may use the information in accordance with their own privacy policies. If you have concerns about how they may use the information you provide, please refer to each partner or sponsor’s privacy policy. Unlike other disclosures of information, you cannot opt-out of contacts from partners and sponsors through us. You must contact the partners or sponsors directly.

We may also disclose your PII in the following circumstances:

• Audits and Business Operation. We are subject to various audits by accountants, clients, and government regulators. In the course of such audits, such auditors may come into contact with PII. Where possible, we require such auditors to keep confidential and not disclose PII consistent with law. In certain governmental audits, we may not be able to require such confidentiality. In addition, we may disclose PII to our attorneys as may be required to obtain legal advice about our and your legal rights and obligations.
• Government and Litigation Requests. We reserve the right to use or disclose PII in connection with: (i) legal proceedings or preparations therefore; (ii) to respond to judicial or other government process such as court orders, subpoenas, requests for discovery and similar litigation relation requirements; (iii) to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and (iv) in general to comply with applicable laws, government requests and court orders. We may elect to make these disclosures even if we have not received a subpoena, if we believe in good faith that we have a legal obligation to do so, or if we believe that our failure to do so may result in liability to us, or a violation of law. If we receive a subpoena or other legal demand for your PII, we may endeavor to notify you of the subpoena or demand by contacting you at the current email address that we have for you. However, we cannot promise that we will always be able to send you a notice, that we will attempt to contact you if the email we send fails to get to you, that we will be able to send you the notice before we turn over your information, or that we will resist the request. Unless prohibited by applicable law or other obligations we owe you, we retain the right to impose upon you a reasonable charge for certain requests for your information or data.
• Change of Control. If we were to undergo a merger, acquisition, corporate reorganization or recapitalization, divestiture, sale of substantially all of our assets, bankruptcy, or other change in control (in each case which may be in respect of the division that administers the Site or the Services, and not necessarily the entire company), PII may be used or disclosed in connection with those activities, which may include the entire transfer of our database of PII to such successor or assignee entity.

We will retain your PII only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Cookies

We apply different types of cookies and other similar technologies on the Site. Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about you or your visit to the Site. Cookies help us to learn which areas of the Site are useful and which areas need of improvement; they also help make your use of the Site more responsive. The list of cookies, which we apply on the Site can be found on the Cookie List portion of our Privacy Policy. We will update this list, from time to time, as we change applicable cookies and third party sites that we use.

We use the information collected by cookies in the following ways:

• to deliver, improve and develop services. We may use anonymous information that we gather to provide and improve the Services and/or the Site for all of our users, and to help us develop and implement other services and products in the future. For example, drawing from a large pool of anonymous data regarding the success of our Services to deliver messages may allow our Services to improve deliverability success for all of our users.
• to advertise our services. We may use anonymous information we gather to advertise the performance and other value derived from the use of our Services.
• to write data-supported articles related to best-practices and other literature regarding messaging.

You may choose to accept or reject cookies from the Site at any time by activating the applicable settings on your Internet browser. Information about the procedures to follow in order to enable or disable cookies can be found on your Internet browser provider’s website. You may wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features of the Site may operate as intended. For more information on cookies, you can visit the US Federal Trade Commission’s website at: https://www.ftc.gov/site-information/privacy-policy/internet-cookies. Please note that we do not support or endorse any of the products or services listed at such websites.

Children

The Site is not intended for use by minors (natural persons under the age of 18). We do not knowingly solicit data online from, or market online to, anyone under the age of 18. If we learn that we have obtained personally identifiable information online in error about anyone under the age of 18, we will delete that information as soon as we can. We encourage parents to supervise their children so that they do not disclose any PII about themselves in any of our public discussion areas. We cannot prevent minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising anyone under the age of 18 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the US Federal Trade Commission’s OnGuard Online website at: http://onguardonline.gov/. Please note that we do not support or endorse any of the products or services listed at such websites.

Accountability

Refactr ApS is responsible for writing this policy and for its compliance with it. The ones who is primarily responsible for our oversight and compliance with this policy is the Refactr ApS administration. Anyone who has a question, comment, or complaint about this policy should contact us at info (at) tradebacker.app

A request should include sufficient contact information, such as name, address, telephone number, and email address. We promise to make a good faith attempt to resolve any complaint or problem you bring to our attention.

Changes and Updates

Your continued use of the Site, and/or the Services constitutes your acceptance of this Privacy Policy, including any changes, unless you elect to terminate such use and opt-out of communications. We do not expect to change our respect for your wishes and your privacy. However, new laws, new products and services, and changes to our business operations and/or structure could require changes to our policy. We may modify this policy prospectively at any time by posting the revised version on the Site or sending you a copy of the modified document through other reasonable means. Your continued use of the Services will be considered acceptance of any such modification. All modifications to this policy will be effective immediately upon posting, unless otherwise noted by us.

Choice

Except as noted below, we offer individuals the opportunity to choose (opt out) whether their personal information is: (i) to be disclosed to a third party; or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. We provide clear, conspicuous, and readily available mechanisms to exercise this choice on the site.

We note that we do not provide the above opt out choice when disclosure is made to a third party that is acting as an agent to perform task(s) on behalf of and under the instructions of the organization, where we have entered into a contract with such agent.

With respect to sensitive information (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), which we do not collect, but if we ever do collect such information, we will obtain affirmative express consent (opt in) from individuals if such information is to be: (i) disclosed to a third party; or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice. We will also treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.

Subject to the next paragraph of this Section, we offer users the opportunity to opt out of being contacted by us. All promotional and research email messages you receive from us will include an option to opt out of future email communications from the particular business unit that contacted you. In addition, you may use technological tools to block or restrict automated data collection we perform, as disclosed in the section entitled “Cookies” in the Privacy Policy. As disclosed there, blocking some automated data collection tools we use will impair or in some cases prevent the functionality of our site.

Exceptions: Users cannot opt-out of some data collection and data use and disclosure of information, for example opt-outs do not affect our use of personal information to communicate with you on Services related issues (for example, notices of changes to our Terms of Use or this policy, or notices regarding Services unavailability) and in internal management or the disclosure of personal information to third parties who are our agents and that have a reasonable need to know of or use the information to assist us in providing you the Services (as discussed above).

Security

We use reasonable, industry-standard precautions, including appropriate technical, administrative, and physical procedures, to protect PII from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.

When we share PII with third parties hired to help us with our activities, we require that they provide reasonable security for the information. However, we are not responsible for any breach of security by third parties (except to the extent applicable law or the Privacy Shield provides otherwise).

Updated – Marts 2023