Updated October 27, 2021

GENERAL. This “Privacy Policy” describes our policies, and your choices, regarding the collection, use, and disclosure of certain information about you, including your Personal Information (as defined below), by Sophos Productions, LLC d/b/a Aptly and its related and affiliated entities (hereafter collectively referred to as “we”, “us”, “our” or “Aptly”). The purpose of this Privacy Policy is to inform you:

What Personal Information we may collect from you when you use the Service (as defined in section 2 hereinbelow);

How we use, process and protect such Personal Information; and

The rights, protections and choices you have regarding our use of, and your ability to review, correct and remove Personal Information.

ACCEPTANCE OF PRIVACY POLICY. By using the Aptly website or app (collectively, the “App”) and/or the Aptly services, including, but not limited to, those offered through the App, our websites, emails, and applications (collectively, the “Service”), you are accepting and actively consenting to the practices described in this Privacy Policy. You are free to choose not to provide certain Personal Information, but then you might not be able to take full advantage of many of the Service features, including account creation.



For the purposes of this Privacy Policy, the phrases “personally identifiable information”, “personal information” or “personal data” (hereinafter referred to as “Personal Information”) means contact information and any other non-public information that is used or intended to be used to personally identify an individual or household, and any other non-public information that is associated with that information, such as your name, address, telephone number, date of birth, email address or any information you submitted to Aptly that identifies you or a household as well as information about your interaction with the Service including, without limitation, offers, events, and products you use, and security information (username and password).

We may collect and store Personal Information about you in connection with your use of the Service or which you provide to us in any other way. Even when we do not retain certain Personal Information, it may be transmitted to our servers initially and stored long enough to process such Personal Information.

Personal Information Provided By You

As mentioned above, any information you volunteer for the purpose of using the Service may be collected, which may include, among others, the following:

Required account set up details such as your name, email address, address or postal code, telephone number, password, birth date, payment authorization and any other information necessary to complete and record purchases and other transactions, as applicable.

Optional information provided during your use of the Service, including, if applicable, reviews or ratings submitted, account/profile settings, and information provided via participation in contests, surveys and/or marketing promotions (including gender, occupation and income level).

Your activity on the Service, such as content selections, order history, search queries and schedules of use or information otherwise provided to us through the Service and/or a third-party service or elsewhere, if applicable.

Information from using the Service including, without limitation, social relationships with other users on the Service; information based on the content you choose to consume on the Service and the decisions you make in consuming this content.

Communication data such as your interactions with our email, details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings.

Registration Forms. If you are offered the opportunity to enter a promotion, to become a registered user of the Service, or to opt-in to receive Aptly information through another site, you must apply by filling out the registration form on the App. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, and/or a unique individual password. You may also choose to communicate with Aptly through email, via our website, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.

You may also be asked additional marketing-related questions by completing questionnaires, surveys and profile data to help us better understand your needs and those of potential customers. You may also be requested to give your delivery and billing address, credit card number and expiration date if you subscribe or otherwise make a purchase.

Aptly collects information about the transactions you engage in while using the Service, as well as information about your other activity in connection with the Service. This information may include, without limitation, areas of the Service that you visit, transaction type, content that you view, download or submit, transaction amount, payment, shipping and billing information and the individuals or entities with whom you communicate or transact business.

Automatic Data

Some of the above data is collected and logged by us automatically (“Automatic Information”), in order to make the Service more useful to you. Here are some other examples of Automatic Information we collect which is not directly provided by you:

Data Collected by Aptly Servers: Aptly’s servers (which may be hosted by a third-party service provider) collect information from you, including your operating system, Internet Protocol (“IP”) address (every device has a unique number, or IP Address, that is automatically assigned to your device when you use the Internet, which may change between sessions of use), your domain name, the date and time stamp of your visit, Internet service provider (“ISP”), referring/exit pages, internal pages of the Service viewed and clickstream data. We use this information to recognize and analyze trends, administer the Service, track our users’ movement throughout the Service, compile demographic information about our overall user base, and adapt the Service to our users’ needs.

    Cookies, web beacons, and advertising identifiers: The Service may use what are known as “cookies” in certain instances, or similar technology such as web beacons, and advertising identifiers, which may use small text files to store a randomly assigned ID and a website reference ID to make your device recognizable to Aptly. Cookies and other similar technology, as they now exist or develop, are used by Aptly to help remind us of our users’ identities and tailor the Service to reflect our users’ personal interests, estimate our audience size, process user orders, facilitate and track user involvement in any of our contests, Services, sweepstakes and other promotions, and analyze the visiting patterns of our users.

Device Information: Aptly may choose to collect Personal Information about the device you use to access the Service, including your device’s hardware model, the name and version of your operating system, your MAC address, the unique ID of your device, your location, the time of day that you use the Service and what mobile network you are using. Please note that Aptly has no control over what Personal Information your device’s platform operator, such as Apple and Google, collects and uses. We suggest in addition to this document, you review your platform operator’s privacy policies to gain a better understanding of their own standards and practices regarding Personal Information.

Advertiser Collected Data

Aptly may use third-party websites and advertising networks and companies including, without limitation, social media sites including Facebook (collectively, “Ad Companies”) to display ads for or on the Service. Aptly may collect information from these advertising services as set forth herein and in the privacy policies of such Ad Companies. Such information may include but not be limited to: your use of a Service, your IP address, your ISP, the device on which you used the Service. The Ad Companies and third-party websites use cookies and other technology to track data about you, both while using the Service and otherwise, and may include behavioral data about you. The information is collected by Aptly for analysis and visiting patterns, and may also be used to deliver targeted advertising based on your interests. Aptly is not responsible for the Ad Companies’ or other third-party sites’ collection, protection or use of your Personal Information. We suggest that, prior to using such third-party sites, you review their privacy policies to learn about their use of your information, as well as their implementation of cookies and similar technologies. Both Aptly and third parties collect data which may be used for online behavioral advertising as described above. Aptly offers the following choices regarding data collected for online behavioral advertising:

If you are interested in more information about behavioral advertising and your choices to prevent behavioral web and mobile web advertising from third parties, you may visit the following websites:

Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and

Your Online Choices website for EU-based advertising.

Information From Third-Party Sources.

Some third parties provide us with Personal Information about you, such as the following:

Account information for third party services. To the extent applicable, if you interact with a third party service when using the Service, such as if you use a third party service to log-in to the Service (e.g., Facebook Connect), or if you share content from the Service through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.

Information from our advertising partners. We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.  

NOTE REGARDING STATISTICAL DATA/SENSITIVE DATA. Aptly may ask for certain statistical data from you (including age, education and socioeconomic status) while performing surveys which will be purely voluntary and always subject to your express consent. All such information will be collected anonymously by Aptly for marketing demographic knowledge only. At no point will Aptly ask for or process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data relating to criminal convictions or data concerning a user’s sex life or sexual orientation.

HOW WE USE PERSONAL INFORMATION. We use your Personal Information in lawful, relevant, legitimate, ways to provide a wide variety of services at your request and better your experience with the Service. Specifically, we might use your Personal Information for the following purposes:

Performing general services and functionality, such as creating an account for you, enabling you to use a Service, managing our email suppression lists, processing your payments, confirming and tracking your order, subscription or registration, analyzing trends and statistics, providing updates and support where needed, administering prize draws and competitions which you choose to enter – including publishing the names of winners, if required, and tailoring the features, performance and support of our services to you (and your personalized recommendations).

Third-Party Payment Processing. Payments, if any, that are required in order to use the Service may be processed through a third-party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”), Social Networking Sites (“SNS”) such as Facebook, and other third-party payment processers. The third-party application may collect certain financial information from you to process a payment on behalf of Aptly, including your name, email address, address and other billing information.

Determining your geographic location and demographic information, providing localized content, providing you with customized and personalized recommendations, determining your Internet service provider, and helping us quickly and efficiently respond to inquiries and requests.

Communicating with you concerning our Service (for example by email, push notifications text messaging, online messaging channels, pop-up notifications and other methods), so that we can send you news about the Service, updates about new Service features and/or content, contests, sweepstakes, special offers, promotional announcements and consumer surveys, and assisting you with operational requests such as password reset requests.

Information that’s been de-identified. We may de-identify your Personal Information so that you are not identified as an individual or household, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use the Service, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Agents. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use an analytics company to provide us with insights about your use of the Service. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances, and would be subject to the terms of the “Information that’s been de-identified” section in that regard.

Providing technical support and sending service messages (for example, to let you know if a new version of the Service is available), or if there will be any maintenance carried out on a Service) and responding to your requests, resolving disputes and/or troubleshooting problems.

User Profiles and Submissions: Certain user profile information, including your name may be displayed to other users; for example, if you choose to share a comment on particular content, to the extent that the Service offer such functionality. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (e.g. comment sections) becomes publicly available, and can be collected and used by anyone.  

Enforcing our rights and terms of service and preventing, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms (this may include preventing copyright infringement, protecting our customers against abuse, determining free trial eligibility and any number of important actions).

Marketing our products and services (and those of third parties) to you that we believe may be of interest to you based on your browsing and viewing behavior and other demographic information we hold about you. This may also involve sending marketing materials to you, including content recommendations and special offers via the App, email and/or otherwise, all in accordance with your chosen marketing preferences/choices.

Analyzing your use of the Service, including user interface experiences, to help us to understand how the service is used, analyze and understand our audience, optimize content selection, recommendation algorithms and delivery, thereby improving the Service for everyone. This may include inviting you to participate in surveys, user testing and panels.

In certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Aptly or to others. Aptly may also disclose your Personal Information when we believe the law requires it, as further described in the Necessary Disclosures section below.

We may also use your Personal Information to aggregate or anonymize certain information that we collect from you to create anonymous information records by excluding information that makes the information personally identifiable to you. We reserve the right to use anonymous information for any purpose, including but not limited to: (i) analyzing reviews and consumption behavior to improve our ratings; (ii) tracking logins to personalize your experience (including by tailoring content to you); and (iii) enhancing the Service and the content of our software.

Emails. We may use your email address to notify you about customer service information or answer your questions and requests. We may also occasionally send you our email updates, sales notifications, or other promotional information about our products and services or about the products and services of our affiliated companies or trusted third party partners in which you may be interested. We will not sell or rent your email address to outside marketing companies. You will also be automatically eligible to and may receive similar promotional information via email from our affiliated companies and brands regarding their special announcements such as information about that brand’s products and services, sales and other promotions. You can easily manage the frequency (or opt out completely) of receiving such communication by clicking the “unsubscribe” link at the bottom of any emails we send. Please note that we may send you important Service-related communication (including information relating to your account, transactional communications, or substantive issues that may affect your experience with our services), even if you have unsubscribed to marketing communications.

Telephone Contact & Customer Service. If you provide us with your phone number, you may receive telephone contact from us for customer service communications. If you call our customer service number, we may ask you for personal identification information, depending on the nature of your request, to better assist you with your requests and questions. We may retain this information to help meet your future needs. We may occasionally use your phone number to contact you with updates, sales notifications, or other promotional information about our products and services or those of our affiliated companies or trusted third party partners in which you may be interested. We may also make your Personal Information available to our affiliated companies and our other trusted third-party partners to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.

Contests, Promotions, or Surveys. If you participate in a contest, promotion, sweepstakes offering, or survey, whether via the Service, online, over the phone, by mail or otherwise, we may use your Personal Information to manage your entry in such promotion, to notify you if you are a winner, or to fulfill promotional obligations. At the time of your entry or registration for a specific promotion, survey, contest, or sweepstakes, we will provide you with the rules governing such promotion, survey, contest, or sweepstakes.

HOW WE DISCLOSE PERSONAL INFORMATION. Personal Information as supplied by you to Aptly will not be disclosed outside of Aptly except as described below and elsewhere in this Privacy Policy.

Third-party Service Providers. We may share your Personal Information with our third-party service providers that help us provide a Service we offer, such as third-party websites that offer a Service as part of a “bundling” within their own services and third-party companies that help us process payments for goods and services. Please note that while a Service may be made available for subscription via third-party websites and the information you provide to them in order to make such transactions will be made available to them (as well as Aptly) for the purposes of facilitating such transaction, each third-party website has its own privacy policies, rules and regulations regarding its acquisition, usage and protection of personal information. Please visit that third-party site’s privacy policy for more information.

Third Party Tracking Services: Aptly may allow third-party tracking services such as Google Analytics to monitor the Service which may involve the collection of Personal Information. Click here for information as to how Google uses information from sites or apps that use Google services.

Affiliates: We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”) in order to best operate the Service and cater and market them to you according to your interests and feedback. If we acquire additional Affiliates in the future, we will require our Affiliates to honor this Privacy Policy.

Corporate Restructuring: In the occurrence of (or negotiation of) a merger, financing deal, sale, dissolution, transfer, divestiture, or disclosure of some or all of our assets, we may share some or all of your Personal Information as is legally or contractually obligated, or as required by virtue of such Personal Information becoming transferred as a business asset in the event of insolvency, bankruptcy, or receivership. If any of the above were to occur, and our company, business and/or assets are acquired by a third party, such third party will assume all right and responsibility to your Personal Information as set forth in this Privacy Policy.

Necessary Disclosures. Please be advised that, regardless of the choices you make regarding your Personal Information, Aptly may be required to disclose such Personal Information as necessary to comply with any current or future state, federal or international laws and regulations, to cooperate with a legal investigation(s), subpoena(s) or warrants served on Aptly, to defend our rights, property (including copyright) or our users (including you) and to investigate or assist in preventing any violation of the state, federal or international law (potential or actual), Aptly’s Privacy Policy, or Aptly’s Terms of Use.

Third-Party Providers. We may share your Personal Information with third-parties that provide services to Aptly including, without limitation:

Payment processors

Ad networks

Analytics service providers

Staff augmentation and contract personnel

Hosting service providers

Co-location service providers

Telecommunications service providers

We also share Personal Information when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties may include (to the extent applicable):

Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Service)

Social media services (if you interact with them through your use of the Service)

Third party business partners who you access through the Service

Other parties authorized by you

With Consent. Without limiting the foregoing, we also share information (Personal Information and/or otherwise) with third-parties for other purposes when you give us consent to do so.

CATEGORIES OF PERSONAL INFORMATION SHARED. The disclosures referenced above involve the following categories of information:


transactional information;

financial information;

communications content;


content preferences;

location information;

inferences about your preferences or other characteristics; and

internet or other electronic activity information.

RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION. We keep your Personal Data for no longer than necessary for the purposes for which the Personal Data is collected and processed. The length of time we retain Personal Data for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights.

DO NOT TRACK. We do not respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Policy. Visit more information on this developing area.

NOTE REGARDING SOCIAL NETWORKING. Aptly does not share your Personal Information with any social networking service (“SNS”) such as Facebook or Twitter. You may voluntarily contribute information, feedback and commentary to an SNS. However, if you choose to share information or post content to these sites regarding the Service, you are solely responsible for your use of those websites. It will be your responsibility to follow the terms of use of such third-party website and review their privacy policy. We cannot and will not in any way be responsible for any activity that occurs on such SNS, including your own activity or use of such website.

FACEBOOK CONNECT AND OTHER OAUTH SERVICES. Aptly may integrate with Facebook Connect and/or other third-party log-in services (“OAuth Services”) to facilitate your log-in and use of the Services. You are not required to use any OAuth Services in connection with Aptly’s Services but, should you elect to do so, please take the time to review the terms of service and privacy policy of such OAuth Service so that you understand the information collected by such OAuth Service and how it is used.

NOTE REGARDING LINKS TO THIRD-PARTY SITES. The Service may contain links to web sites and/or apps operated and maintained by third parties. In addition, such third-party sites may reference, advertise, or link to the Service. Aptly has no control over these third-party web sites. Privacy policies on such linked sites may be different from our Privacy Policy. Aptly does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of such websites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisement. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any Personal Information on such site. Any use of Personal Information by a third-party entity will be governed by that entity’s privacy policy. If you want to change how information is used on that company’s website, you must do so directly with that company.

EDITING, CORRECTING AND DELETING PERSONAL INFORMATION. You can access and modify certain Personal Information associated with your Account through your Account settings. You can request access to your Personal Information, or correct inaccurate Personal Information by contacting [email protected]. Aptly will promptly delete any personally identifiable Personal Information if you specifically request its immediate deletion at the time you stop using the Service by contacting [email protected]; provided that, Aptly may reject requests that are unreasonable or not required by law, including, without limitation, those that could require disproportionate technical effort; would be extremely impractical; could expose Aptly to operational risks such as free trial fraud; to retain information that is required or may be required to resolve disputes, troubleshoot problems or assist with any investigations or to enforce the Aptly Terms of Use, and take other actions otherwise permitted by law. Notwithstanding the forgoing, Aptly may keep an anonymized form of your Personal Information for a longer period, but such data will not be connected to you. Aptly’s payment partners will keep certain payment information for as long as required by law.

Please remember that if you delete certain Personal Information you may not be able to continue to use the Service or access certain functionality of the Service without entering additional information.

CALIFORNIA PRIVACY RIGHTS. California residents have the right to request access to or deletion of their personal information and may not be discriminated against because they exercise any of their rights under the California Consumer Privacy Act (“CCPA”). You can make requests by sending an email to [email protected] with details of your specific request. We may ask that you provide certain information to verify your identity, and the information we request from you will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

You may designate an authorized agent to make a request under the CCPA on your behalf if: (1) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (2) you sign a written declaration that you authorize the authorized agent to act on your behalf. We may ask that you provide certain information to verify your identity and that you authorized the authorized agent to act on your behalf. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

California residents also have the right to opt out of the sale of their personal information; Aptly does not provide this option as we do not sell your personal information. If you have any questions or concerns regarding this CCPA Notice, please email us at [email protected].


You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information as explained above.  When you update information, however, we may maintain a copy of the unrevised information in our records.  You may request deletion of your account by emailing [email protected]. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. You have the following choices regarding how Aptly and third parties use certain Personal Information collected from or about you:

Elect Not to Provide Personal Information. You may always choose not to provide Personal Information, even though it might be needed to use the Service or certain features of the Service.

Email. If you no longer want to receive certain communications from us via email simply click the “unsubscribe” link in the email.

Interest-Based Ads. If you are using a browser or a mobile device, tablet, or streaming media device, then cookies, web beacons, and advertising identifiers can be used to collect information to help determine your likely interests via interest-based ads. You can set the preferences of your browser to inform you when cookies or web beacons are sent, which will provide you with an opportunity to either accept or deny them. Please review your browser settings and instructions (generally via a “Help” or “Settings” tab) to gain a better understanding of how to track and manage cookies. Please note, however, that some of the Service operations may not function properly if you choose to block certain cookies. To opt out of interest-based ads from Aptly in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). Note that changing any of these settings does not prevent the display of certain advertisements to you that are not interest-based.

PROTECTING CHILDREN. The Service is intended for general audiences ages 17 and older. We do not knowingly collect Personal Information from audience under 17. If you become aware that a child has provided us with Personal Information without parental consent, please contact us at [email protected]. If we become aware that an individual under 17 has provided us with Personal Information without parental consent, we take steps to remove such information and terminate the account. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.

SECURITY. We use commercially reasonable encryption and authentication tools to protect the security of your Personal Information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close the Service when you have finished using the Service. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. Should Aptly experience a data breach involving your Personal Information, we will use reasonable commercial efforts to notify you of such breach (subject to your communication preferences).

Personal Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as specifically set forth herein, we will never sell your Personal Information to any third-party under any circumstances without warning you in advance, changing this Privacy Policy, and giving you the option to approve or deny such settings.

EU RESIDENTS. If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined below.  

For this section, we use the terms “Personal Information” and “processing” as they are defined in the GDPR, but “Personal Information” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Aptly will be the controller (as defined in the GDPR) of your Personal Information processed in connection with the Services.

This section 18 incorporates all of the other provisions of this Privacy Policy. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Information shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].

How We Collect Your Personal Information. Please see section 3 of this Privacy Policy.

How We Use Your Personal Information. Please see section 5 of this Privacy Policy.

How We Share Your Personal Information. Please see section 6 of this Privacy Policy.

Lawful Basis for Processing. We will only process your Personal Information if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Legitimate Interest: We process the following categories of Personal Information when we believe it furthers the legitimate interest of us or third parties.

To perform a contract: We process data to perform a contract with you or to take steps at your request prior to entering into a contract. In detail, the purposes of data processing depend on the specific business relationship with you or the specific commission.

Consent:  In some cases, we process Personal Information based on the consent you expressly grant to us at the time we collect such data. When we process Personal Information based on your consent, it will be expressly indicated to you at the point and time of collection. 

Other Processing Grounds: From time to time we may also need to process Personal Information to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How Long Do We Retain Your Personal Information? We retain Personal Information about you as long as you have an open account with us and for 3 months after you close your account. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Personal Information of Children:  We do not knowingly collect or solicit Personal Information from anyone under the age of 17 in the EU.  If you are under age 17 and reside in the EU, please do not attempt to register for the Service or send any Personal Information about yourself to us.  If we learn that we have collected Personal Information from an EU resident under age 17, we will delete that information as quickly as possible. If you believe that an EU resident under age 17 may have provided us Personal Information, please contact us at [email protected].

What Rights Do You Have Regarding Your Personal Information?  You have certain rights with respect to your Personal Information, including those set forth below.  For more information about these rights, or to submit a request, please email [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Information, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Information we hold about you and request a copy of such Personal Information.

Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

Erasure: You can request that we erase some or all of your Personal Information from our systems.  

Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of the Service.

Portability: You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes, such as for direct marketing purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Information.

Right to File Complaint: You have the right to lodge a complaint about Aptly’s practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.

If you wish to exercise any of the rights set out above, please contact us at [email protected].

Transfers of Personal Information: Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there. By choosing to use the App, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the United States and the State of California, and the adjudication of any disputes arising in connection with Aptly or the Site will be in accordance with the Terms.

What If You Have Questions Regarding Your Personal Information?  If you have any questions about this section or our data practices generally, please feel free to contact us at [email protected].

GOVERNING LAW; RESOLUTION OF DISPUTES BY BINDING ARBITRATION. This Privacy Policy and all disputes arising hereunder or relating hereto or with respect to the Service shall be governed by the laws of the State of California without regard to conflicts of laws principles. You and we agree that all questions, disputes, controversies or claims between us shall be submitted to binding arbitration in accordance with the terms of the Federal Arbitration Act. YOU HEREBY WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL. This agreement to arbitrate applies to, but is not limited to, all disputes regarding the construction or application of this Privacy Policy, all claims arising under federal, state, or local statutory or common law, including, without limitation, claims of breach of promise[s], breach of contract or breach of the covenant of good faith and fair dealing, tort claims, sexual harassment claims and any and all other claims of illegality or breach of any right which you might hold against us, under this Privacy Policy or otherwise.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in San Jose, California before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of California, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by California law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to Aptly to provide the Service to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against Aptly, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

In the event that the foregoing arbitration provisions are not valid in any particular jurisdiction, then you and Aptly hereby agree that the exclusive venue to litigate any and all disputes hereunder or relating to the Services shall be the state or federal courts located in San Jose, California.

POLICY UPDATES. Aptly has the right to update this Privacy Policy at any time. You should check this Privacy Policy each time you provide Personal Information to us. The date of the most recent revision will appear at the top of this page. All changes to this Privacy Policy will go into effect on the date posted at the top of the Privacy Policy. The new policy will apply to all current and past users of the Service and will replace any prior policies which are inconsistent. Your continued use of the Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. Additionally, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Service, of any information about you contained in the applicable Aptly database, if Aptly or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Aptly ‘s or such Aptly company’s assets related to the applicable site or service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Privacy Policy and other terms and conditions (if any) of the Service’s subsequent owner or operator.

APTLY’S DATA PROTECTION OFFICER (FEEDBACK / CONTACT US). For questions specifically concerning this Privacy Policy, to help us improve our Privacy Policy, to review, change or delete certain Personal Information, to request information to which you are legally entitled or to express any questions, concerns or complaints regarding Aptly’s collection and use of your Personal Information please contact us at [email protected].