Last Modified: November 26, 2023
This Privacy Policy (“Policy”) of Watermelon Inc (“Watermelon Inc,” “our,” “we” or “us”), is intended to help you understand our privacy practices and how we collect, use, disclose and process your personal information. We also describe your rights and choices with respect to how we process your personal information. This Policy applies the use of our websites (including all sub-domains, the “Sites”), which are owned and operated by Watermelon Inc as well as the use of any mobile device application created by Watermelon Inc (each, “website”) our website and all associated pages (collectively, the “Website”). Services provided via the Website may be collectively referred to as our “Services.”
ACCEPTANCE
Any entity accessing or using the Sites and/or Services (“you”) represents and warrants that you accept the data practices and terms described in this Policy and as applicable, the Terms of Service. If you do not agree with this Policy, please discontinue your use of the Sites and Services immediately.
CHANGES TO THIS POLICY
We may revise this Policy from time to time and without prior notice to you. Except as otherwise noted in this Policy, such changes may apply to any personal information we already hold about you or personal information collected after the Policy is modified. Changes will be posted on this page and are effective as of the “Last Modified” date at the top of this Policy. Please visit this page regularly so that you are aware of our latest updates. Continuing to access or use the Sites or Services after any changes become effective indicates your acceptance of the revised Policy.
In addition, we may provide you with “just-in-time” disclosures or additional information about the data processing practices of specific parts of our Sites or Services. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.
PERSONAL INFORMATION
We collect and process the following types of information. We may or may not create anonymous records from Personal Data for certain business purposes of Watermelon Inc and our Affiliates as defined below. Any information that is anonymized or aggregated is no longer Personal Data and we may indefinitely use it, share it, and retain it for the reasons outlined herein.
Contact Data. Personal Data about you used to contact you. For example, your name, your email, user preferences, physical address, phone number, or mobile phone number.
Profile Data. Personal Data related to a free or paid Customer account on our Services. For example, personal name, phone number, mobile phone number, e-mail address, user preferencesand basic business and industry information, username, password, and credit card account information.
User Data. Personal Data of a Customer’s Users utilized by Watermelon Inc on behalf of Customers to send invoices and/or estimates to and provide associated services to a Customer’s Users. For example:
i. Phone Number: We may collect your phone number if you provide it to us voluntarily. This information may be used to facilitate communication with you regarding our services or to provide important updates or notifications related to your account.
ii. Emails: We may collect email addresses associated with your account. These email addresses may include your primary email as well as any additional emails you provide. This allows us to communicate with you effectively and deliver important information regarding your account, such as service-related updates or notifications.
iii. Name and Address: To provide personalized services and enhance your user experience, we may collect your name and address. This information helps us address you properly and, in certain cases, may be required for shipping or invoicing purposes.
By entering User Data into our systems via the Sites and/or Services, you understand that Watermelon Inc is acting as a data processor providing services to you. You represent and warrant that you have the requisite authority to provide such Personal Data to us, and that the disclosure does not violate any applicable law or regulation, including but not limited to the Payment Card Industry Data Security Standard (PCI DSS), the Health Insurance Portability and Accountability Act (HIPAA), the California Consumer Privacy Act of 2018 (CCPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the EU General Data Protection Regulation (GDPR) or the UK General Data Protection Regulation (UK GDPR).
Billing Data. When you subscribe to a plan for our Services, we collect information about your or your business’ payment methods, such as credit or debit card numbers, bank account numbers, and billing address.
Performance & Log Data. Information created by your use of our Sites and Services. For example, your IP address, browser type, operating system, command line information, diagnostic information related to the Sites (i.e., crash activity reports), the referring webpage, pages visited, date, your geolocation, your mobile carrier, your device and application IDs and search terms. Note that depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.
Cookies. A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. In some cases, Cookies and similar automated data collection technologies may be used to collect personal information or information that becomes personal information if we combine it with other information.
Other Data. Any other information that an individual provides to us. For example, survey responses, blog comments, or other communications submitted to Watermelon Inc.
Providing measurement, analytics and business services. To deliver comprehensive measurement, analytics, and business services, our systems employ both automated and manual processing of the information collected and stored about you and other users. We utilize this information for the following purposes:
i. Insights and Measurement Reports: We provide businesses, advertisers, and other partners with insights and measurement reports. These reports assist them in assessing the effectiveness and reach of their ads, content, and services. By analyzing the data, they can understand the demographics and characteristics of the audience viewing their content and ads, as well as evaluate the performance and impact of their campaigns.
ii. Content and Ad Performance Analysis: Our analysis helps businesses and advertisers gauge how their content and ads are performing across our platform. By examining engagement metrics, click-through rates, conversions, and other relevant data, they can make informed decisions to optimize their marketing strategies and improve the effectiveness of their campaigns.
iii. Audience Insights: Through data analysis, we generate audience insights that enable businesses and advertisers to better understand the types of people who are viewing their content and ads. This information includes demographic information, interests, preferences, and behavior patterns, which assists in tailoring their offerings to target specific audience segments effectively.
iv. Service Distribution Evaluation: We assist businesses and advertisers in assessing the distribution and reach of their content and services. By analyzing user data, we provide valuable information on the geographic distribution of the audience, user engagement levels, and other metrics that help them evaluate the effectiveness of their content distribution strategies.
COLLECTION AND PROCESSING
We collect your Personal Data through our Sites and Services. Our Sites are public, any information that is disclosed on our Sites may appear on search engines, or other publicly available platforms and may be “crawled,” searched and used by unaffiliated third parties. Please do not post any information that you do not want to reveal publicly.
Providing the Services. We process your Personal Data when you sign up for and use our Services with a free or paid account. For example, we use your Contact Data, and Profile Data to configure your account, your templates, and your user credentials, and to communicate with you as it relates to your use of the Services. If you provide a mobile phone number to us as part of your Profile Data, you are explicitly granting us permission to call or send text messages (which may be sent using an auto-dialer) related to your use of the Sites and Services to that number, which we may do at our discretion. We use User Data and Invoice & Estimate Data to enable Customers to utilize the Services to send invoices and estimates, to manage customer relationships, and to enable Users to view and pay invoices, to view and approve estimates, and to otherwise do business with Customers via the Services. We may share this Contact Data, Profile Data, and Invoice & Estimate Data with our service providers and partners to the extent necessary to provide you with the Services.
Customer Service. When you contact us through the Sites or Services, including submitting a “contact us” or other online inquiry forms, subscribing to the Services, submitting a review, contacting the customer support team, utilizing the chat function on our Sites, subscribing to a newsletter or blog, entering a contest, registering for a demo or webinar, completing an online survey or any other means, we may record your Contact Data and your Support & Inquiry Data in our customer relationship management system and use your Personal Data to respond to you. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages to that number to respond to your request and to contact you at that number via an auto-dialer, which we may do at our discretion.
Marketing. We may use your Personal Data including Contact Data and Support & Inquiry Data to keep you updated about our products and services and send you promotional material about Watermelon Inc and as permitted by applicable law, on behalf of our parent company, affiliates, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”) and partner companies. Promotional materials may include marketing communications, online surveys, notifications regarding our events and webinars and those of our Affiliates and partners. If you provide a mobile phone number to us, you are explicitly granting Watermelon Inc permission to send text messages, recorded messages, and/or use an auto-dialer to contact that number for marketing and promotional purposes, which we may do at our discretion. This consent is not a condition of purchasing Watermelon Services. You may opt-out of our marketing communications at any time.
Site Experience. We may use Profile Data and Device Data to tailor your experience on the Sites, provide content that we think might be of interest, and to display content according to your stated preferences. By analyzing this data, we can deliver targeted ads that are more likely to be of interest to you. For instance, if you are an Apple device user, you may see ads featuring Apple products, accessories, or services that align with your preferences.
Research & Development. We may use Cookies and Performance & Log Data, for functional purposes, to improve the performance and usability of our Sites, and to analyze how users interact with the Services and Direct Payment Services.
Cookies & Similar Tech. When you access the Sites or Services or open one of our HTML emails, we may automatically record Performance & Log Data and Device Data, set Cookies, or use web beacons, pixel tags, click-stream tracking and similar automated data collection technologies. We use this Personal Data for essential and functional purposes including for site administration, to improve the performance and usability of the Sites and Services, and to analyze how users interact with the Sites and Services. On certain portions of our Sites and Services, we may collect Personal Data through these technologies for advertising, remarketing or other similar purposes.
Security & Enforcement. We process your Personal Data to enhance the security of our Sites and Services and to combat spam, malware or other security risks. This may include monitoring your activities on our Sites and Services. Without processing your Personal Data for such purposes, we may not be able to ensure the security of our Sites and Services. We may also process Personal Data to monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities or violations of our services and agreements with you. We may use your Personal Data to enforce agreements with third parties and collect fees based on your use of our Services.
Additional Processing. If we process Personal Data in connection with your use of the Sites or Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide Personal Data.
SHARING
Information we collect may be shared with a variety of parties depending upon the purpose for and context in which that information was provided. In all cases where we share Personal Data with third parties, we will use a “minimum necessary” standard to disclose only that information required for satisfying the purpose of or performing the service for which the information is disclosed. We generally transfer Personal Data as follows:
Consent. We will share your Personal Data in accordance with your consent for us to do so.
Customers. When Users make a purchase from a Customer using our Direct Payment Services, we may share Personal Data with that Customer except where that disclosure is prohibited by law, regulation or other obligations.
Service Providers. In connection with our general business operations, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. Our contracts with these service providers dictate that they only use your information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites, Services or Direct Payment Services subject to this Policy.
Affiliates. In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share a Customer’s or Visitor’s Personal Data with any of our current or future Affiliates. Customers and Visitors hereby agree to our sharing some or all of your information and Personal Data with our Affiliates. We never share User Data with Affiliates.
Third-Party Partners. When you complete an online inquiry form to which you were referred by a third-party partner, any information collected through the Watermelon Inc hosted online inquiry form may be shared with the referring third party partner. We may share your Personal Data with third parties for marketing or adverting purposes, as permitted by law. For example, when you sign up for a webinar co-hosted by us and a third-party partner, we may share your Personal Data with the third-party partner. Third party partners may use your Personal Data for their own purposes subject to their own privacy policies.
Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/.
Legal Disclosures. In limited circumstances, we may, without notice to you or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Service or in the vital interests of us or any person or entity. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
RETENTION AND STORAGE
To ensure the optimal performance and availability of our services, we utilize server infrastructure located in the United States as well as in other countries. These server locations may vary based on factors such as data center availability, network efficiency, and compliance with applicable data protection regulations. While the majority of our servers are based in the United States, we may also utilize server facilities in other countries to distribute the data load, improve data redundancy, and enhance overall system resilience. Regardless of the server location, we maintain rigorous security measures and adhere to relevant data protection laws to safeguard the privacy and integrity of user data.
We retain Personal Data for so long as necessary to service the purpose(s) for which your Personal Data was processed and for a reasonable time thereafter, or as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. While retention requirements can vary by jurisdiction, we generally apply the retention periods noted below:
Services Usage. We will retain Personal Data for as long as a Customer remains an active user of our Services and for a reasonable time thereafter, to serve the purpose(s) for which the Personal Data was processed. We may store any information about your activity on our Services, including Contact Data, Profile Data, Invoice & Estimate Data, Billing Data, Support & Inquiry Data, and any Other Data created, posted or shared by you while using our free or paid Services for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as retaining a comprehensive transaction history, maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.
User Data. We may store on behalf of Customers, for as long as a valid business reason exists, which may be indefinitely, any Personal Information, including but not limited to Invoice & Estimate Data, collected about a User or other individual, whether entered directly into our systems by the User or whether entered by an authorized Customer via the Services.
Note that Customers control any consumer data we collect and process on their behalf, whether that Personal Data is entered by a consumer User via the Services or whether it is entered by a Customer via the Services, and it is up to the Customer to determine how long they will store their Users’ Personal Information in our systems.
Site Activity. We may store any information about your activity on our Sites or any Other Data created, posted or shared by you on our Sites for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.
Marketing. We store information used for marketing purposes indefinitely until you unsubscribe or provide specific instructions to delete it. When you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.
Cookie Data. We retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from the expiry of the cookie or date of collection. Cookies owned by third parties may have other retention periods.
YOUR RIGHTS AND CHOICES
Rights. Customers and Visitors with whom Watermelon has a data controller relationship have the following rights in relation to your Personal Data, in each case to the extent required/permitted under applicable law, and subject to our rights to limit or deny access or disclosure under applicable law.
Users and other consumers who do business with Customers utilizing Watermelon Inc Services must contact the Customers utilizing Watermelon Services to exercise these rights. Users can request that the Customer provide you with access to the Personal Data Watermelon stores about you on its behalf, that it makes changes to that Personal Data, and/or that the Personal Data be deleted from Watermelon Inc. systems. Watermelon cannot honor such requests directly from Users but will assist Customers with honoring them.
Access. Customers and Visitors with whom Watermelon Inc. has a data controller relationship, may request a list of your Personal Data that we process by submitting an official request in writing via email to address provided below.
Rectification. Customers and Visitors with whom Watermelon Inc. has a data controller relationship may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information. Customers may also login to your Watermelon Inc. user account and modify your Personal Data.
Erasure. Customers and Visitors with whom Watermelon Inc. has a data controller relationship may request that we delete your Personal Data from our systems once per year by making an official request in writing via email to the address provided below and indicating the specific information you would like permanently deleted from our systems. Note that Customers who request removal of their Personal Data will no longer have access to any existing Watermelon Inc. account and will not be able to use any Watermelon Inc. product or service. Watermelon Inc.reserves the right to retain certain account information for its recordkeeping or compliance purposes.
Customers may also login to their Watermelon Inc. user account and delete any Profile Data, Contact Data or Customer Data to which they have access. However, to ensure that Personal Data is completely removed from our systems, you must submit an official request in writing to Watermelon Inc. at the address provided below, as using a system delete function may merely restrict viewing that data from any system interface and prevent utilizing that data for any system function rather than permanently deleting it.
Data Export. Customers and Visitors may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.
We may require that you provide additional Personal Data to exercise these rights, e.g., information necessary to prove your identity. We also reserve the right to retain this additional information for our recordkeeping or compliance purposes.
Choices. It is possible for you to access and use the Sites without providing any Personal Data, but you may not be able to access certain features or view certain content and some portions of the Sites may not function properly. You must provide Personal Data in order to utilize the Services. You have the following choices regarding Personal Data we process:
Consent. If you consent to processing you may withdraw your consent at any time to the extent required by law.
Cancellation. Customers may cancel their Watermelon Inc. accounts by contacting us using the contact information provided below.
Opt-Out. You may opt-out of all information collection from your mobile device by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
You may opt-out of receiving marketing communications from us by following the opt-out instructions included in such communications. Any communications from us that are not service-related or transactional in nature will offer you an “unsubscribe” option. To the extent required by law, you may choose to opt-out of sharing Personal Data with third parties.
Cookies. If you do not want information collected through the use of cookies or similar technologies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or by using a variety of tools.
• You can visit the Google Ads Settings page here.
• You can use the Google Analytics Opt Out Browser add-on.
• Digital Advertising Alliance’s opt-out page here allows you to opt out from receiving third party advertiser cookies.
• You can visit the Network Advertising Initiative opt-out page here.
• To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org.
As there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
SECURITY
We have implemented reasonable security measures designed to secure your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure, however we do not provide any guarantee that your Personal Data will remain secure. We are not responsible for the circumvention of any privacy settings or security measures contained on the Sites or Services. All information you provide to us is stored on our service provider’s servers which utilize industry-standard security controls and maintain Payment Card Industry (PCI) Compliance where applicable; however, we do not have control over and will not be liable for third parties’security processes. Any transmission of information or Personal Data is at your own risk.
If you believe that you have experienced unauthorized access or use of your account, please contact us immediately.
MINORS
Our services are neither directed at nor intended for direct use by individuals under the age of 18 or the age of majority in the jurisdiction where they reside. Further we do not intentionally gather information about such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites or Services if you are not the age of majority in your jurisdiction.
CONTACT US
If you have any questions or concerns regarding this Privacy Policy, please contact us at(hiwatermelon.com)
Email: support@hiwatermelon.com
