SOFTWARE MACKIEV PRIVACY POLICY

Last updated: May 2023

BY USING SOFTWARE MACKIEV'S WEBSITES AND/OR SUBMITTING PERSONAL INFORMATION TO OUR WEBSITES AND/OR THROUGH OUR SOFTWARE TITLES, YOU ARE ACCEPTING AND CONSENTING TO THE COLLECTION, PROCESSING, STORING AND USE OF INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

We at Software MacKiev take the privacy of your data very seriously. We have prepared this Privacy Policy to describe how we collect and use your personal information through our websites (www.mackiev.com, www.kidpix.com, www.hyperstudio.com, www.familytreemaker.com, www.albumwalk.com, www.treevault.com, and www.ftm.support) and through the Software MacKiev software titles. We will collect and use your personal information only as described in this Privacy Policy. Any personal information provided to or gathered by Software MacKiev’s websites or software titles is controlled by The Software MacKiev Company, a United States company.

Our privacy practices are guided by the United States' Children's Online Privacy Protection Act, as well as data privacy laws in the United States and other applicable countries, including the General Data Protection Regulation (GDPR) in the European Union.

If you have any questions, concerns, or requests about this Privacy Policy, or any questions or requests related to your personal information, please contact our Privacy Office at privacy@mackiev.com.

SUMMARY

This is a brief summary of our Privacy Policy for your convenience. Please read the full Privacy Policy on this page for more details.

We collect two types of information from you: (1) information that you actively give to us during registration, when filling out technical support or feedback forms, or when making purchases; and (2) information collected automatically about your computer or device (such as cookie IDs or other unique device identifiers, and your browser and operating system) so that we can improve your website or product experience. You can review our Cookies Policy here.
We ask you to indicate your choices about how we can use your information (for example, to post your feedback on our website, or to send you emails about product updates, upgrades, special offers, etc.) on the pages where you provide that information.
To the extent your information is collected or processed on the basis of consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
If you decide not to receive any product news or direct marketing emails with offers or promotions from us, just reply to any email from us and put 'unsubscribe' in the subject line.
In accordance with and as required under applicable data protection law, you may request access to your information, or request that we update, correct, erase or stop processing the personal data we’ve already collected from you by contacting us at privacy@mackiev.com. We will promptly change or delete your information as requested, unless we are legally obligated to retain such data or we cannot verify your identity.
Individuals in the EEA can object to processing of their information, ask to restrict processing of their information or request portability. You can exercise these rights by contacting us at privacy@mackiev.com.
Individuals in the EEA also have the right to complain to a data protection authority about the collection and use of their personal information. For more information, please contact your local data protection authority. The contact details for such DPAs can be found here.
Many of our software applications are intended for use by children under the age of 16, but we do not knowingly ask for personal data from, or directly market to, children under the age of 16.
We do not knowingly collect, use, or distribute information from children under the age of 16. If you believe we have inadvertently collected such information, please contact us immediately so we can remove the information or obtain parental consent.
We do not provide any direct links to websites that are unsuitable for children or teens.
We do not use or collect your precise geographic location.
No advertising companies collect data through our websites or applications.
Information you provide will never, ever be used for any other purpose than to send you the information you have requested or consented to (e.g., newsletters and direct marketing materials).
We are committed to keeping your personal information secure. We undertake physical, technical and administrative security measures to provide reasonable protection of your data from unauthorized access and disclosure. We are constantly working on strengthening security guidelines and measures to protect your data.
We will never, ever provide your information to other parties for marketing, advertising, or other similar uses. The only third parties with whom we may share your personal information are certain trusted service providers who assist us in processing your transactions, fulfilling your orders, or providing the technical or customer support you specifically request.
We may also share information about you with other third parties if we are required to do so by law or to protect our own or others’ rights, property, or safety.

INFORMATION WE COLLECT

In general, we collect two types of information:

Information that you actively give to us during registration or when making purchases or filling out feedback forms or technical support requests — like your first name, last name, country, email address, and other details. We use this data only to provide you with information and promotions on our products or to contact you to respond to your question or request.
Information we automatically collect about your computer or device (such as your IP address, cookie ID, types of web browsers, the time you visited one of our sites, which pages you visited, and other data that is anonymous and does not identify you as an individual). We use this anonymous data only to conduct statistical analysis of traffic patterns, to administer our site, and to improve our products and services.

HOW WE USE YOUR INFORMATION

In general, the information we collect may be used for the following purposes: to respond to your requests; to provide you with technical support; to send you information about product updates and upgrades; to send you newsletters; to enable you to take advantage of our products’ features and services; to send you information about special offers and promotions on Software MacKiev products and services or those of our business partners which might be of interest to you; to conduct statistical analysis; to manage and improve the services available on our websites; or to help us improve our software products using your feedback. You may also choose to receive other types of email messages and notifications from us, beyond those noted above. We will store your personal information only for as long as necessary to provide you with the services or information you require.

We also use the information we collect from you (like your computer details, or information collected by cookies or similar technologies) to provide you with a more effective user experience — for example, to remember what you enter in forms on our website or in applications so you can have fields auto-filled in future. To learn more about our Cookies Policy, click here.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA PERSONS ONLY)

If you are from the European Economic Area, our legal bases for collecting and using the information described above are as follows:

Legitimate Interests: We will collect and process personal information where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Legitimate interests include improving, maintaining, providing, securing, and enhancing your website and software experience. It also includes direct marketing activities.

Performance of a Contract: We will collect and process personal information to perform a contract with you, such as when you purchase a software product from us.

Legal Obligation: We will collect and process personal information, in certain limited cases, in order to comply with legal obligations.

Consent: Where required by law, we will collect and process personal information only where we have your consent to do so.

YOUR CONTROL OVER YOUR INFORMATION

We ask you to indicate your choices about how we can use your information (for example, to post your feedback on our website, or to send you emails about product updates, upgrades, special offers, etc.) on the pages where you provide that information.

In accordance with and as required under applicable data protection law, you may request access to your information, or request that we update, correct, erase or stop processing the personal data we’ve already collected from you by contacting us at privacy@mackiev.com. We will promptly change or delete your information as requested, unless we are legally obligated to retain such data or we cannot verify your identity.

To the extent your information is collected or processed on the basis of consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent. You can withdraw your consent by emailing us at privacy@mackiev.com or, as applicable, by following the unsubscribe instructions that are located at the bottom of the email messages you receive. Please note that it may take some time, consistent with applicable law, for us to process your request.

If you have registered using several email addresses or names, you will need to express your privacy choices for each of them separately using the applicable procedures above.

Please note that even if you choose not to receive future direct marketing emails with offers or promotions, we may continue to send you service notifications about the related products and services, or answer your questions about a product or service, and such notifications or replies may still include offers or promotions for products or services.

You may choose NOT to provide us with any personal information — for example, by not registering — although we will still need your contact information to provide you with free trial versions of products, product update information, or technical support should you require them.

Before collecting and storing any personal information we get through the use of cookies, we first notify you and obtain your consent. Most desktop and mobile device web browsers are set to automatically accept cookies by default. However you can choose to disable or selectively turn off our cookies in your browser settings. Click here to learn more.

HOW WE STORE YOUR INFORMATION

We take reasonable administrative, technical, and physical security precautions to protect your personal information from unauthorized access or disclosure. Personal user data can be accessed only by a limited number of authorized employees of our company, and only through our secure internal network, which is not accessible from external networks.

Despite such precautions, there always remains a chance, however slight, that someone may gain unauthorized access to your information. If you think an unauthorized third party has accessed your information, please contact us immediately at privacy@mackiev.com.

If any data security breach occurs, we will react immediately. If we discover that your personal information may have been compromised, we will inform you promptly via a general notice on our website or directly by email, or otherwise as required under applicable law.

International Transfers

Software MacKiev's head office is located in Boston, MA, United States. We store and process your personal information on our computers in the United States and Europe, and we also use service providers that may be located in various countries.

We operate internationally and sell our products worldwide. That means that your personal information may need to be processed in countries where data protection and privacy laws and regulations may differ from those in your home country. Some of our partners (digital payment platforms, fulfillment houses, authorized resellers, help desk platform) may be located outside the country where you accessed this website or where you have registered your product. We require all our authorized partners to take appropriate measures to keep your information confidential, safe and secure in accordance with applicable data protection laws. You may review the list of those partners and their policies in the THIRD PARTY PRIVACY POLICIES section of this Privacy Policy.

The server this website is stored on may be located outside your home country. The hosting service provider of this website is bound by a contract that ensures your data is managed in accordance with data privacy laws of the United States and other applicable countries, including EU Data Protection laws, and that the provider implements all technical measures necessary to keep your personal data secure.

INFORMATION WE SHARE WITH THIRD PARTIES

We will never, ever provide your information to other parties for marketing, advertising, or other similar uses. The only third parties with whom we may share your personal information are certain trusted service providers who assist us in processing your transactions, fulfilling your orders, or providing the technical or customer support you specifically request. You may review the list of those partners and their policies in the THIRD PARTY PRIVACY POLICIES section of this Privacy Policy.

We do not participate in any advertising networks, or provide your data to anyone to serve targeted advertisements.

We use third-party analytics only to analyze the performance of our websites so we can improve them. We do not share the information gathered in this process with anyone, including our business partners.

We may also share information about you with other third parties if we are permitted or required to do so by law or to protect our own or others’ rights, property, or safety.

THIRD PARTY PRIVACY POLICIES

If you access or use one of our partners’ services and submit your personal information to them, the privacy policy or statement of our partners will apply to any such information provided to those partners.

Digital payment partners

When you purchase one of our products, your transaction details, including payment information, are processed by one or more of the partners listed below.

Software MacKiev's Orders and Downloads services are provided by FastSpring®, a digital commerce platform. When you place orders for our products, including the download of updates and upgrades, you will be redirected to the FastSpring website. You can read about purchasing through FastSpring here, and review their Privacy Statement here.

Some Software MacKiev orders are processed directly through PayPal, a digital payments platform. You will be redirected to the corresponding website to place such orders. You can review the Legal Agreements for their services here, and their Privacy Policy here.

At some live events such as conferences or expos we may use Square, Inc.'s Point of Sale solution for processing orders. You can read their Privacy Notice here.

Trusted resellers

School purchase orders may be processed by Learning Services, an educational technology products reseller. You can review their Privacy Policy here.

Order fulfillment partners

Software MacKiev's shipping partners are:

Acutrack, Inc., a US-based publishing and fulfillment house. You can review their Privacy Policy here.
Sprocket Express™, an eCommerce fulfillment service. You can review their Privacy Policy here.
PSI Inc., a US-based 3PL service. You can review their Privacy Policy here.

Technical and Customer Support service partners

Our Technical Support and Customer Support services are provided and processed through the LiveAgent® Help Desk software (www.ladesk.com). If you contact us through a live chat, or by submitting a technical support request, or request any technical or customer assistance by any other means, the information you provide with your requests will be processed by LiveAgent. You may read the LiveAgent Security and Privacy Policy here and learn about LiveAgent's GDPR Compliance here.

In some cases we work together and share information with Ancestry (to the degree that it is necessary to solve issues you report to us) to provide Family Tree Maker technical and customer support. You can review Ancestry's Privacy Policy here.

The Sync Error Reporting system in Family Tree Maker uses Amazon Web Services (AWS) to store data submitted while sending Sync Error Reports. In particular, we use Amazon S3 object storage, which is built to store and retrieve data. We use the AWS data center in Oregon, USA. You can review their Privacy Policy here.

CHILDREN'S PRIVACY

In compliance with COPPA (the Children's Online Privacy Protection Act) and the EU General Data Protection Regulation (GDPR), we have adopted the following policies to keep children safe:

We will NOT knowingly collect, use, or distribute personally identifiable information from children under the age of 16.
We do NOT have any automatic sharing services or technologies integrated in our products that could allow children to publicly post or otherwise distribute personally identifiable information.
We will NOT knowingly keep any personally identifiable information that is mistakenly included in a child's email submission, technical support inquiry, or other one-time request, if we know that the child is under the age of 16. Information will be removed immediately after the issue has been resolved.
We will NOT knowingly post any personally identifiable information that is inadvertently included in a child's submission to a general audience contribution area (if we ever provide any on our website) if we know that the child is under the age of 16. These submissions will be deleted and handled anonymously thereafter.
We will NOT knowingly provide any direct link to websites that are unsuitable for children or teens.
We will advise children under the age of 16 that they MUST obtain permission from their parent or guardian before sharing ANY personal information.
Upon request, we will immediately provide a parent or guardian with a description of the information that may have been provided about their child during a registration process or support request made through any of our products or web pages.

Many of our software products are created for children under the age of 16, but we do not knowingly ask for data from, or market directly to children under the age of 16. Our websites are not targeted at children under the age of 16. The aim of our websites and web pages for children’s software products is to provide information about our software products to and collect data from parents and teachers only.

If we find out that we mistakenly obtained any personal information from a child under the age of 16, we will delete that information from our systems immediately.

All school registrations are to be created by a teacher and are attached to the teacher's or the school's account.

UPDATES AND CHANGES TO OUR PRIVACY POLICY

Software MacKiev reserves the right to add to, change, update or modify this Privacy Policy at any time by posting revisions, updates or modification on the www.mackiev.com website. Any such changes will be effective immediately upon posting, and Software MacKiev will notify you via email in the event any changes to the Privacy Policy materially change the way we collect and process your information. The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you.

CONTACT US

If you have any questions about this Privacy Policy, or about the personal data we collect, please contact our Privacy Office at privacy@mackiev.com.

Software MacKiev
P.O. Box 130410
Boston, MA 02113-0008
USA