Last updated and Effective June 17, 2021
1. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", “MixSpot” "We", "Us" or "Our" in this Agreement) refers to MixSpot LLC, 350 West 24th St. -Suite 17J New York, NY 10011.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to MixSpot, accessible from mixspot.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
The security of your Personal Data is important to us. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
4. Data Collection, How it is Stored, How it is Collected and Why it is Collected
a. Personal Data Collected by MixSpot
Certain visitors to MixSpot LLC's websites choose to interact with MixSpot LLC in ways that require MixSpot LLC to gather personally-identifying information. The amount and type of information that MixSpot LLC gathers depends on the nature of the interaction.
Personal Data We collect: The only Personal Data collected/stored by MixSpot itself (as opposed to Google Analytics or Mailchimp) is data about the writers’ full name, website username, writer-provided biographical information, and social media handles. Writers provide this information to the Site. Writers manually provide this data to MixSpot. Writer and contributors to MixSpot will receive a password to the MixSpot software to enable them to upload articles, video and other appropriate media content.
How is this Data Stored. Personal Data You may provide to apply to a writer will be stored by MixSpot. MixSpot stores the data mentioned in this Section in a postgreSQL database hosted on Heroku in the United States.
How do we collect this Data. Writers provide their information such as: full name, website username, writer-provided biographical information, and social media handles to MixSpot.
How will we use Your Data: We collect this data to provide users information about the individuals providing content on the Site. We also collect this information to validate who writers on the Site are and to provide Users with the ability to find and read content posted by MixSpot writers’ social media pages and subsequently interact with MixSpot writers through social media, and follow writers across different social media platforms.
Legal basis of data processing. If you are an individual in the European Economic Area (EEA), the legal basis for the processing of Personal Data received from perspective writers is the consent required by Article 6(1)(a) of the GDPR.
b. Email Newsletter Personal Data
Information We Collect Through Email Marketing: MixSpot utilizes Mailchimp (https://mailchimp.com) in order to manage the email addresses and subscription status for readers who sign up for MixSpot’s newsletter “Email Newsletter Data”. MixSpot collects your email address and MixSpot may share your email addresses with Mailchimp.
Why does MixSpot share your email addresses with Mailchimp. MixSpot shares your email address in order to manage the email newsletter subscription list. MixSpot will use marketing automation to send marketing materials relevant to your interests. MixSpot would also like to send you information about products and services of ours that we think you might like, as well as those of our partner companies. You can read more about how Mailchimp uses your Personal Data with this link. https://mailchimp.com/legal/privacy/
Legal Basis. If you are an individual in the European Economic Area (EEA), The legal basis for the processing of the email newsletter Personal Data when using the offered contact options is your consent according to Art. 6(1)(a) of the GDPR. You can revoke your consent at any time.
c. Usage Data
Like most website operators, MixSpot LLC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. MixSpot LLC's purpose in collecting non-personally identifying information is to better understand how MixSpot LLC's visitors use its website. From time to time, MixSpot LLC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. MixSpot LLC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and may also for users leaving comments on http://mixspot.com blog posts. MixSpot LLC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
What is Usage Data: Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Why Do We Collect This Data: We collect this data to improve site user interface, content personalization, conduct A/B testing and optimize sales and marketing content.
Usage Data is Stored. MixSpot stores usage data mentioned in this Section in a postgreSQL database hosted on Heroku in the United States.
5. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
7. Links to third party sites. MixSpot website may contain links to other websites (“Linked Sites”). MixSpot does not control the Linked Sites. MixSpot assumes no responsibility for the contents of any Linked Site on its Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. MixSpot uses customer support and personalized features to protect the safety and security of the Services.
8. Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
9. Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
10. Protection of Children's Privacy. This Site and its Services and Products are not developed for or directed at children. Therefore, MixSpot does not intend to collect information from individuals under 13 years of age. If it is discovered that MixSpot has inadvertently collected information from an individual not meeting these requirements, MixSpot will promptly take all reasonable measures to delete that data from databases and systems.
11. Do Not Track Signals. Please note that because 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.
We share your Personal Data with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
• We may share your Personal Data comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
• We may share Your Personal Data in the following situations:
With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your Personal Data for any other purpose with Your consent.
12. Behavioral Advertising.
As described above, we use your Personal Data to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
• We use Google Analytics to help us understand how You use the Site. You can read more about how Google uses your Personal Data here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• MixSpot utilizes Google Analytics in order to collect general demographic information including location, age, gender, and interests (where available).
• Web Beacons. Small electronic files, known as web beacons, may be contained on the Site and our emails. Web beacons permit MixSpot to perform tasks such as count users who have visited the Site’s pages, used screens, or Users who have opened emails and for other Website statistics (records level of User engagement with the Site and verifies the Site’s system integrity).
• Geolocation as collected by Google analytics. When you visit the MixSpot site, we may use GPS (geolocation) technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements.
• MixSpot also displays our advertisements on other websites.
To enrich and perfect your online experience, MixSpot LLC uses “Cookies” similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
What types of cookies do we use.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Functionality. Our Company uses functionality cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
How to manage your cookies. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Legal Basis. The legal basis for the processing data by means of cookies is Art. 6(1)(f) of the GDPR.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
14. Your Rights under the CCPA. If you are a resident of California, you have the right to access the Personal Data we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Data be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.
When you make a request for MixSpot to delete personal information, MixSpot deletes the information as explained in this policy. If you wish to delete your payment or billing information, you must contact your payment provider. MixSpot has limited access to these records for completing the transaction and providing services.
15. Server Location. All MixSpot servers are located in the US (hosted by Heroku). Images and video are hosted by Amazon Web Services S3 in the US.
16. Transferring Data Internationally. We may transfer Personal Data MixSpot has collected from You to third party data processors located in countries outside of the European Economic Area (“EEA”). MixSpot will comply with the applicable law regarding transfer of Personal Data. By using the Site, You consent to transfer of Your Personal Data to third party data processors located in countries outside of the European Economic Area (“EEA”).
17. Your Data Subject Rights under the General Data Protection Regulation (“GDPR”):
1. You have the right to be informed. Anyone processing your Personal Information or Personal Data must clearly state what they are processing, why they are processing and who else the data may be passed to.
2. The right to access. You have the right to view what data is held about you by a Data Controller.
3. The right to rectification. You have the right to have Your data corrected or amended if the data being held is inaccurate in any way.
4. The right to erasure also known as The Right to be Forgotten. You may request that Your Personal Data be deleted in certain circumstances. If Your Personal Data is no longer required for the purpose it was collected for, or Your Personal Data has been unlawfully processed.
5. The right to restrict processing. The Data Subject has the right to ask for a temporary halt to processing of Personal Data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
6. The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
7. The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
8. Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.
You may exercise your rights at any time by:
1) contacting us at email address: email@example.com
2) Calling the following telephone number: (917) 403-9134
3) Sending mail to the following address: 350 West 24th St. -Suite 17J NewYork, New York 10011
How to Contact the Appropriate Authority
According to Art. 13 (2) GDPR, you have the right to complain to a supervisory authority.
Should you wish to report a complaint of if you feel that MixSpot has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office (“ICO”) by using the link directly below or the ICOs helpline.
Contact: 0303 123 1113.
18. We use Mailchimp for email in compliance w GDPR, as explained in the following Agreement https://mailchimp.com/legal/data-processing-addendum/ We also Google Analytics google.com
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at whatup@MixSpot.com or by mail using the details provided below:
MixSpot LLC, 350 West 24th St. -Suite 17J New York, New York 10011, United States
Phone: (917) 403-9134
Last updated: June 18, 2021