PRIVACY POLICY

Last Update: July 15, 2024

 

Disco Inc. and its divisions, affiliates, and subsidiaries ("DISCO") respects the privacy and the integrity of any Personal Information (as defined below) that you provide or that we collect in your use of our Website, including www.disco.com (“Website”) and the services we provide to you (“Services”). This Privacy Policy explains our policy regarding the collection, use and disclosure of your Personal Information, and explains what privacy rights you may have under applicable data protection and privacy laws, such as the European Union General Data Protection Regulation (GDPR) and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

A link to this Privacy Policy is accessible on our Website at disco.co/privacy-policy. This Privacy Policy will be continuously assessed against new technologies, business practices, and our users' needs. As we update, expand, and diversify our Services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the "Last Update" at the top of this document. We will take reasonable measures to notify You of material changes to this Privacy Policy by posting this on our home page or otherwise notifying You. You acknowledge and agree that your access of our Website and your use of our Services following any posted changes to the Privacy Policy indicate your acceptance of such changes.

Application of this Policy

At DISCO, we are committed to protecting the privacy of our users, which is why we do not sell or rent any Personal Information (as defined below) regarding our users to any third party. We hope this Privacy Policy will answer your questions regarding how we treat personal information gathered from visitors to our Website and the use of our Services.

What is Personal Information

For the purposes of this Privacy Policy, “Personal Information” means information that identifies a living individual or can be used to identify an individual. This includes but is not limited to your name, address, e-mail address, country of residence, as well as other information when such information is combined with other information (e.g. cell phone number, location). Personal Information does not include business contact information. Personal information does not include "aggregate" information, which is data we collect about the use of our Website and Services. Our privacy policy does not restrict or limit our collection and use of aggregate information.

If we do not maintain information in a manner that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household, such information is not considered Personal Information and this Privacy Policy will not apply to our processing of that information.

Lawful Bases for Processing

To use your Personal Information, we must have a valid reason, which under some laws is called the “lawful basis for processing” or “legal grounds for processing.” When we act as a data controller, we may process your Personal Information based on these reasons:

 

1. Your Consent: Sometimes, we will use your Personal Information because you actively indicated it is okay that we do so. This includes, for example, where you subscribe to receive newsletters.

2. Keeping Our Agreement Obligations: This includes using your Personal Information to fulfill our agreement with you by, for example, delivering the Services to you.

3. Legitimate Interests: We sometimes use your Personal Information because we believe it is in our best interest or the interest of someone else. Legitimate interests work when we use your Personal Information in ways that make sense and do not intrude on your privacy much. Or when we have a very good reason for it. Here is what it normally means for us:

a. Product Improvement: We may use data to enhance the features and functionality of the Services, making them more useful and user-friendly.

b. Customer Engagement: Keeping users, subscribers and others informed about updates, new features, and content that may interest them.

c. Research and Development: Using aggregated and anonymized data to conduct research on trends and user behavior to improve the Services.

d. Marketing and Promotion: Promoting the Services to a wider audience and providing tailored recommendations based on user data.

e. Security and Fraud Prevention: Protecting the Services and its users from security threats, fraud, and abuse.

f.  Legal Compliance: Ensuring compliance with relevant laws and regulations, including the rules from other countries besides yours.

g. Business Operations: Managing day-to-day operations and ensuring the sustainability and growth of our business and services.

4. Following the Law: This includes processing your Information Data to comply with the law, such as keeping records of your cookie choices to comply with EU law, such as the e-Privacy Directive and the General Data Protection Regulation.

5. Other Reasons: This includes using your data for any other reason that the law allows.

 

When we use your Personal Information because you gave us permission (consent), you can change your mind at any time. However, this will not undo the things we did with your data before you changed your mind. It also will not change the things we are allowed to do with your data based on other reasons.

 

Where we receive your Personal Information as part of providing our Services to you to fulfill a contract, we require such Personal Information to be able to carry out the contract. Without that necessary Personal Information, we will not be able to provide the Services to you.

 

Within the scope of this Privacy Policy, we may also process Personal Information based on the instructions of our customers and anyone running a “community” or subdomain on the Services (“Publishers”). To learn about customers and Publishers’ lawful bases for processing your Personal Information, please read their privacy notices.

Collection of Personal Information

To use certain features of our Website or Services you must first complete a registration process and establish an account (“Account”).  During registration for your Account, you will be required to provide basic information such as your full name and email address and establish a password. DISCO will retain this information and associate it with your Account.

Information Disco Creators Provide to Us

We permit Publishers the ability to import their existing mailing lists to the Service, meaning Publishers may share your email address with us. Publishers represent to us that they have your permission to use your email address on our Services. If you believe your information was provided to DISCO wrongfully, please email us at privacy@disco.co or use our processes to request removal of that information. Note also that Publishers may have their own privacy policies and practices around their use of your information, which we encourage you to review and understand. Publishers are solely responsible for complying with any laws and regulations that apply to your information that they collect from using our Service, including without limitation the posting of any EULA on their subdomain on the Services. DISCO is not liable for Publishers’ relationship with End Users. We encourage you to review Publishers’ individual privacy policies for more information regarding their use of and access to your Personal Information. We have no control over the policies and practices of third-party websites or businesses (or providers of Publisher Newsletters) as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such businesses or websites’ policies.

Use of Personal Information

DISCO may process your Personal Information for the following purposes:

 

1. Provide you with information about new Services, Newsletters, Informative E-mails, and Research on future product ideas or improvements.

2. Assist us in creating or providing content that is relevant to you.

3. Provide you with special offers that may be of interest to you and to improve your experience on our Website or with our Services.

4. Create, maintain, and secure your account and profile.

5. Enable use of our Services, including: (i) customizing our Services to your preferences or interests, making them more compatible with your technology, or otherwise making them easier to use; (ii) maintaining the security of and otherwise protecting them; and (iii) and developing new DISCO websites, products, and services.

6. Assist us in improving and creating better Services to meet your needs.

7. Ensure the quality of our Services.

8. Invite you to participate in, or informing you of the results of, customer satisfaction or market research surveys.

9. Manage our customer base.

10.  Provide you with technical support for our Services.

11.  Help you quickly find software, Services, or product information important to you.

12.  Send transaction-related communications such as welcome letters, account status, and Service Order confirmations. DISCO may also send you surveys or marketing communications to inform you of new Services or other information that may be of interest.

13.  Respond to your requests or questions.

14.  Communicate with you on status of delivery of the Services.

15.  Fulfil legal obligations and enforce our rights and to address legal issues. This may include: (i) complying with our obligations to retain certain business records for minimum retention periods; (ii) establishing, exercising, or defending legal claims; and (iii) detecting, preventing, and responding to fraud, intellectual property infringement, violation of our contracts or agreements, violations of law, or other misuse of DISCO’s websites or services;  (iv) protecting DISCO’s rights or property, or yours or others’ health, safety, welfare, rights, or property; and (v) responding to law enforcement requests and as required by applicable law, court order, or governmental regulations.

16.  Maintain the integrity and security of our websites, products, features, databases, services and business and to prevent and to detect any security threats, fraud or other criminal or malicious activity that might compromise your information. When you interact with us, we may also take reasonable steps to verify your identity, before granting access to your Personal Information.

17.  Restrict the availability of some of the Services, and content to certain parts of the world, where required for legal reasons, by using your address, IP address and other information to enforce those restrictions.

 

You may always choose not to provide Personal Information, but if you so choose, our Services may not be available to you. You agree that you are under no obligation to provide us with this information and can access many aspects of our Website without providing us any personal information.

 

While using the Service and Website, you may have opportunities to post reviews or other Personal Information in public forums at your own discretion. Please understand that when you post such information, it is made public and is not subject to this policy.

 

You should exercise caution when deciding to disclose any Personal Information in a publicly available forum such as the Website and agree to indemnify DISCO for any damages or claims resulting from any of your postings. DISCO is not obligated to monitor postings and at its discretion may remove any content submitted.

Disclosure of Personal Information

DISCO will not sell or rent your Personal Information to any other party and will only use and disclose your Personal Information for the purposes for which it was collected as described in this Privacy Policy. However, DISCO may disclose your Personal Information in the circumstances set out below:

        

1. DISCO may disclose your Personal Information with your prior consent.

2. DISCO may be required by law to disclose Personal Information without your consent in the event of emergency situations or when required by government or other legal authority.

3. DISCO may also disclose Personal Information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise; or

4. DISCO may share your Personal Information with service providers who perform Services on our behalf. For example, we may hire other companies to handle the processing of payments, collect debts, to provide data storage, to host Website, to fulfill orders, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the Personal Information they need to provide the service. Each company is bound by agreement or obligations with DISCO to implement and maintain reasonable security procedures and practices in order to use and disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise. These service providers are in Canada and the United States and, as a result, Your Personal Information may be stored, processed, or transferred into or out of these countries. We take all reasonable measures and precautions to protect Your Personal Information when it is being handled by our service providers. If You wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us at privacy@disco.co.

 

The following table describes the categories of information we disclose to third parties for business purposes, and the categories of those third parties.