Welcome to the Remarkist platform, which is owned and operated by Remarkist Inc (“Remarkist” “we” or “us”). Remarkist has been created to provide a safe, fun, and caring environment for fans to interact with one another over their favorite content franchises. For that reason, we have created this Privacy Policy to explain how your information will be used by us on the platform.
By using the Remarkist mobile application, or any Remarkist-branded website(s), apps, marketplaces, forums, games, networks or publications (collectively, the "Products"), creating a Remarkist account and using the Products to post or share any kind of content, including but not limited to events, stories, collectibles, images, commentary, recorded audio, live audio, status updates, works you create, comments, messages, and additions to your content or the content of others, to access and view Remarkist content or other user content, to host live audio events within the Products, to utilize Remarkist game features, or to use, collect, redeem, craft, trade, or retain any in-app game items such as in-game currencies or digital collectibles (together with the Products, the “Services”), you consent to the Processing of your Personal Data as described in this Privacy Policy.
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Your data
What personal data we collect and why we collect it. We collect the data you supply us during registration, when you make changes to your account information in our Products, when you use our Services from different devices, when you make purchases using our Services, and through the use of our mailing-list subscription forms. That may include first name, last name, email address, IP address, phone number, mailing address, billing address, and shipping address.
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Submissions
When you make Submissions (as defined in the Terms of Service) using the Services, we may collect the data shown in the submission form, and also the user’s IP address, device ID, and/or browser user agent string to help spam detection. In some cases, your profile picture, chosen display name, membername, and/or ID number may be visible to the public in the context of your Submission and may remain publicly viewable even after your account is deleted or restricted. If any of your Submissions are deleted from public view, we may continue to retain copies of them in our logs along with your profile picture, chosen display name, membername, and/or ID number.
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Signature Marks
When you add your own hand-drawn or finger-drawn signature to Content you crafted in our Products, an image of that signature is created, uploaded, collected, and stored by Remarkist so that we may display it on the Content you crafted as a form of artistic attribution. Any image of a signature you upload, including any personal information it depicts, is considered a Submission and becomes a permanent addition to the Content and its Arrangement (as defined in our Terms of Service).
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Audio Chat
We may record audio conversations in our Products to monitor violations of our Terms of Service or Code of Conduct. In some cases, if the host of an audio event instructs us to do so, we will record conversations from their event and make it available for others to listen to at the request of the host. Participants in an event will be made aware if the room is being recorded so that they can choose whether or not to make any audio contributions.
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Messages
We store and retain text chat, comments, and messages you post in threads, private conversations, and forums within our Products. We may read the contents of these messages if another user flags a message as a potential violation of our Terms of Service or Code of Conduct.
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Media
If you upload images to the Products, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Products can download and extract any location data from images on the Products and Remarkist is not responsible for removing or masking any personal information that is included in such images.
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Authentication Tokens
When you use our Products or Services on your mobile device or desktop computer, you may be required to login to your account. When you login, we will store a temporary token on your device to keep you logged in. This token contains no personal data, and lasts for 90 days, after which you will be required to log back in to any Products that used them. You may remove the token from your device at any time by logging out of the Products that use them or deleting those Products.
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Cookies
If you make a Submission or sign-in to our Products on a web browser, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you sign-in in the future or make another Submission. These cookies will last for up to one year.
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Device Information
We may collect information from and about the hardware and software you use to access the Products, such as the the type of device, device model, operating system version, device memory, unique application identifiers, unique device identifiers, browser type, service provider, IP address, network connection type and speed, and signal strength.
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Log Data
We may collect performance and diagnostic logs to help us improve our Products. These logs may contain Device Information as described herein, as well as information about your account and the actions you take and the Content you see in the Products.
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Embedded Content
Content on our Products may include embedded content (e.g. videos, audio, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. Remarkist has no control over, and makes no representations about, what these websites collect and how they store or use it.
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Who we share your data with
Other than any public data such as comments and accompanying metadata which can be viewed by anyone accessing our Products, we only share your data with officers of Remarkist, its employees, contractors, and third party products integrated with our Services as detailed in Section 3. We do not sell your data to anyone.
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Our data breach procedures
In the event of a data breach, we will reach out as soon as possible to all directly affected individuals whose data has been compromised. We will also inform all of our members of such a breach, even if we know their data has not been compromised.
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How long we retain your data
- We only store your private data for as long as necessary to allow you to have an account on our Products and use them. If your account is closed for any reason, whether initiated by you or by Remarkist, we will delete your personal information except where we are obligated to retain it for administrative, legal, regulatory or security purposes, or where it was uploaded as part of a Submission.
- If you make a Submission, the Submission and its metadata may be retained indefinitely. This includes hand-drawn or finger-drawn signatures of your name you post to Content crafted by you. If you include any private or personal information about yourself, such as your name, email address, phone number, or photographic or drawn likenesses, in any Submissions, they may be retained by Remarkist, or any third party it designates, and accessible on our Products indefinitely. It is your responsibility to not include personal information in a Submission that you do not want publicly viewable or stored indefinitely by Remarkist or any third party it may designate.
- For users that register on our Products, we also store the personal information they provide in their user profile. All users can see or edit their personal information at any time; in some cases they cannot edit their email address nor delete their data without a direct request at support@remarkist.com. Remarkist staff can also see and edit that information.
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Your rights over your data
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Access to your data
If you have an account on our Products, or have made Submissions, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us by contacting privacy@remarkist.com.
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Deleting your data
If you have or have had an account on our Products, or have made Submissions, you may request that we delete certain types of personal information, such as email addresses, phone numbers, addresses, and display names that may identify you and that are not included in a Submission or required for the functioning of our Services. You may request data deletion by contacting privacy@remarkist.com
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Verifying your identity
We do not provide copies of your data or fulfill data deletion requests before verifying the requesters identity. We require all users making such requests to provide information that shows they are who they say they are. The information we ask for will depend on the sensitivity of the data being requested. We always provide an explanation when we deny a request and, if possible, how the user can appeal the decision.
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Exceptions
In accordance with the Consumer Privacy Act of 2018, we will not provide access to certain types of information.
- We will not provide account passwords, authentication codes, unmasked phone numbers, or email addresses due to the sensitive nature of such data.
- We will not provide any information that reveals the proprietary functionings of our Products and handling of our Services, including but not limited to banning or suspension decisions, Product or Content suggestions, and account or Product customization, as that information is protected by federal and state trade secret law.
- We will not provide server logs older than 30 days because doing so could impact the security and integrity of our Products.
- We will not provide any public data belonging to anyone other than the user making the request, as disclosing it may violate the rights others.
To ensure the proper functioning of our Services, we will not delete certain personal data.
- We will not delete any personal data uploaded as part of a Submission, including but not limited to personal information you explicitly include in a comment, message, audio or video broadcast, recording, title, description, artwork, or signature mark, since it is considered part of your creative work and therefore part of the license you grant Remarkist per our Terms of Service.
- We will not delete the primary email address associated with a non-deleted account, since our Products require at least one email address to provide you your account.
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The Remarkist App
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What is the Remarkist app?
The Remarkist app is a mobile and desktop app that allows users to read, view, listen to, participate in, collect, stream, record, broadcast, and/or post Content based on the viewing and discussion of entertainment franchises. The app can be downloaded on most mobile phones and some tablets and computers. Registration requires submitting an email address, a membername, display name, a password of your choosing, and a time zone. The time zone is used to ensure correct display of dates and times in the app, and to determine the boundaries of days for calculating activity streaks and similar values. The Remarkist app is one of our Products, and by creating an account, you are agreeing to our Terms of Service as well as this Privacy Policy.
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Third Party Technology
Remarkist uses certain third party technology to function and store data in the Remarkist app:
- Amazon Web Services. Remarkist hosts its backend services and data on Amazon Web Services (“AWS”). This includes but is not limited to servers, databases, file storage, metrics and analytics services, and associated functionality required to operate, monitor, and maintain the Remarkist app. Access to Remarkist AWS accounts is restricted to authorized Remarkist employees and representatives. All individuals with access to Remarkist AWS accounts use a two factor authentication process to login to those accounts.
- Cloudinary. Remarkist uses Cloudinary to generate, process, and store some images used in the Remarkist app. This may include, in whole or in part, images created and uploaded by Remarkist users. Any image file submitted to Remarkist by a user may be processed and stored by Cloudinary including any of its embedded data.
- Google Analytics. Remarkist uses Google Analytics to track key events taken by users in the app and Remarkist website(s) as well as profiles and usage—location, device, engagement, etc. While users are anonymous within Google Analytics we do tag visitors and track their ongoing use of the product so that we can improve it.
- Agora. Remarkist uses Agora to provide live streaming audio chat functionality in the Remarkist app. All audio that is broadcast live in the Remarkist app may be processed and stored by Agora. Agora does not receive any other Remarkist user data that would allow them to associate audio streams with any users using our Products.
- Twilio. Remarkist uses Twilio to send transactional emails such as password reset links and signup confirmation messages. Twilio receives the email addresses of email recipients, and any information included in the content of the email such as membernames and display names. We do not share any data with Twilio that is not necessary for delivery of the email messages.
- Sentry. Remarkist uses Sentry to monitor and analyze performance and bugs in the Products. We take measures to avoid sending Sentry any personal information. However, in some cases Sentry may receive personal information such as display names or email addresses if they are involved in error messages. Sentry does not store, use, or distribute this information beyond what is required to provide their services to Remarkist.
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Blockchain
Although our Services include collectibles, tokens, and digital currency, we are not a blockchain company and are not affiliated with any blockchains or cryptocurrencies. We do not store any of our game assets or any corresponding user information on a public immutable blockchain. We do not store or ask for a user's private keys to wallets containing any blockchain assets.
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Further Clarity in Compliance with GDPR
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Definitions
- Personal Data – any information relating to an identified or identifiable natural person.
- Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
- Data subject – a natural person whose Personal Data is being Processed.
- Child – a natural person under 16 years of age.
- We/us (either capitalized or not) – Remarkist, Inc.
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Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
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Data Subject’s rights
The Data Subject has the following rights:
- Right to information – meaning you have a right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right to withdraw any given consent for Processing of your Personal Data.
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Data we gather
- Information you have provided us with. This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.
- Information automatically collected about you. This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your event attendance history, your transaction history, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.
- Information from our partners. We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.
- Publicly available information. We might gather information about you that is publicly available.
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How we use your Personal Data
- We use your Personal Data in order to:
- provide the Services to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
- enhance your customer experience;
- fulfill an obligation under law or contract.
- We use your Personal Data on legitimate grounds and/or with your Consent. On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
- to identify you;
- to provide you a service or to send/offer you a product;
- to communicate either for sales or invoicing.
- On the ground of legitimate interest, we Process your Personal Data for the following purposes:
- to administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
- to conduct questionnaires concerning client satisfaction.
- With your consent we Process your Personal Data for the following purposes:
- to send you newsletters and campaign offers (from us and/or our carefully selected partners);
- for other purposes we have asked your consent for;
- We Process your Personal Data in order to fulfill obligations rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 7 years.
- We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
- the link between purposes, context and nature of Personal Data is suitable for further Processing;
- the further Processing would not harm your interests and
- there would be appropriate safeguard for Processing.
- We will inform you of any further Processing and purposes.
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Who else can access your Personal Data
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with the following connected third parties:
- Amazon Web Services
- Substack
- Google Services
- Glideapps.com
- Agora
- Twilio
- Sentry
We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
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How we secure your data
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymisation and pseudonymisation where suitable. We monitor our systems for possible vulnerabilities and attacks.Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
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Children
We do not intend to collect or knowingly collect information from children.
We do not target children with our Services.
Children are not permitted to use our Services, and we will close any account and immediately clear all data,
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Cookies and other technologies we use
We may use cookies and/or similar technologies on the web versions of our Products to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us. Our use of cookies is set forth in Section 1 of this Privacy Policy.
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions. We use cookies for the following purposes:
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
- Analytics cookies – these cookies are used to track the use and performance of our website and services.
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.
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Contact
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Company contact
Website: https://www.remarkist.com
Email: privacy@remarkist.com
P.O. Box 34482Las Vegas, NV89133-4482
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Know your rights in the EU
Supervisory Authority
Website: https://www.dataprotection.ie/
Email: info@dataprotection.ie
Phone: +353 57 868 4800
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Changes to this Privacy Policy
We reserve the right to make changes to this Privacy Policy.