RACKSKY PRIVACY POLICY

This policy is effective as of 1st July 2021.

Thank you for choosing to be part of our community at RackSky (“Company”, “we”, “us”, or “our”). We are committed to protecting your information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your information, please contact us at legal@racksky.com.

Information We Collect

When you download our app RackSky or visit our website https://www.RackSky.com, and use our services, you trust us with your information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our app, website and our services.

This privacy policy applies to all information collected through our app and website (i.e., www.RackSky.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your information with us.

Your privacy is important to us. It is RackSky’s policy to respect your privacy regarding any information we may collect from you across our app, website, https://www.RackSky.com, and other sites we own and operate.

We only ask for information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we are collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service.  We protect the data we store with commercially acceptable means to prevent loss and theft as well as unauthorized access, disclosure, copying, use or modification.

We do not share any individually identifying information publicly or with third-parties, except when required to by law.

Our app and/or website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your information with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our app and/or website will be regarded as acceptance of our practices around privacy and information. If you have any questions about how we handle user data and information, feel free to contact us at: legal@racksky.com.

TABLE OF CONTENTS

  1. 1. WHAT INFORMATION DO WE COLLECT?
  2. 2. HOW DO WE USE YOUR INFORMATION?
  3. 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  4. 4. WHO WILL YOUR INFORMATION BE SHARED WITH?
  5. 5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  6. 6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
  7. 7. HOW LONG DO WE KEEP YOUR INFORMATION?
  8. 8. HOW DO WE KEEP YOUR INFORMATION SAFE?
  9. 9. DO WE COLLECT INFORMATION FROM MINORS?
  10. 10. WHAT ARE YOUR PRIVACY RIGHTS?
  11. 11. DATA BREACH
  12. 12. CONTROLS FOR DO-NOT-TRACK FEATURES
  13. 13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  14. 14. DO WE MAKE UPDATES TO THIS POLICY?
  15. 15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

  1. 1. WHAT INFORMATION DO WE COLLECT?

Information You Disclose to Us

In Short:  We only collect information that you provide to us.

We collect information that you voluntarily provide to us when registering for our Services, you express an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

The information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The information we collect can include the following:

Publicly Available Information of You. We collect first name, maiden name, last name, nickname, email addresses, business email, business phone number, mobile and other phone numbers, etc. We do not collect any peculiar information from other social media platforms except for links shared by you on www.RackSky.com which are used solely for redirection to your referenced page on an external site. 

Information Provided by You. We do not collect data collected from third-party surveys, financial information (credit card number, purchase history, invoices, etc.) and other similar data.

Transactions and Payments Data. If you use our payments services, or use our Services meant for purchases or initiate other financial transactions, we would be required to process additional information about you (such as payment account and transaction information). Payment account and transaction information comprises information required to conclude the transaction (e.g., payment method information, shipping details, and transaction amount). We only collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. However, RackSky does not divulge third parties into accessing your information. 

Social Media Login Data. If you login through other social media accounts like Facebook, Twitter, Google, Microsoft, etc. we would have access to your data to the extent that is shared with us. In addition, the information you provide while signing up to RackSky is information we store with us and it is encrypted in a backend storage accessible to only the security team at RackSky.  

All the information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such information.


Automatically Collected Information

In Short:   Some information - such as IP address and/or browser and device characteristics - is collected automatically when you visit our Services.

Log and Usage Information

We automatically collect certain information when you visit, use or navigate the Services. This also includes service-related, diagnostic, and performance information. This includes information pertaining to your activity (e.g., the manner in which you use our Services, your Services settings, how you interact with others via our Services, and the time, frequency, and duration of your activities and interactions), log files, and diagnostic, crash, website, and performance logs and reports (including information related to when you registered to use our Services).

Device and Connection Information

We collect device and connection related information when you install, access, or use our Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics (hardware model, operating system information, battery level, signal strength, app version, browser information, mobile network, connection information, including mobile operator or ISP), language and time zone, IP address, device operations information, and identifiers), operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. 

Online Identifiers. We collect devices, tools and protocols, such as IP (Internet Protocol) addresses, cookie identifiers, or others such data as the ones used for analytics and marketing, geolocation of the device, and other similar data.

Location Information

We collect and use specific location information from your device as permitted by you when you opt to use location-related features. We use IP addresses and other information (e.g., phone number, area codes, city and country). Your location information is used by us only for diagnostics and troubleshooting purposes.

Cookies

We use cookies to ensure smooth operation and continuous offering of our Services (e.g., web-based and experience enriching services), comprehending the way in which you use our Services, and customize them as expected by your users. This includes using cookies to offer our Services for web, desktop and other web-based services. We might also utilize cookies to comprehend our users’ pain points while accessing our Help Center articles and to offer you relevant content pertaining to our Services. We may also use cookies to remember your choices, such as your language preferences, to offer a safer user experience, and to tailor our Services for our users.

 

  1. 2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, etc.

Safety, security and integrity are innate elements of our Services. We use information we receive only to verify accounts and activity, eliminate harmful conduct, safeguard users from unpleasant experiences and spam, and promote safety, security and integrity on and off our Services (e.g., by investigating suspicious activity or violations of our Terms and policies, and to uphold the legality of our Services).

We use information collected via our Services for a variety of business purposes described below. We process your information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, compliance with our legal obligations, etc. We indicate the specific processing grounds we rely on next to each purpose listed below.

Law, Our Rights, and Protection

We use the information we collect or receive:

We access, preserve, and share your information described in this Privacy Policy only with a good-faith belief of its necessity: (a) officially comply to applicable laws or regulations, legal processes, or government stipulations; (b) enforce our Terms plus any other applicable terms and policies (e.g. potential violations’ investigations); (c) detect, investigate, prevent, or address fraud and relevant illegal activities or security issues and technical needs; or (d) safeguard our users rights, property, and safety, or others (e.g., for death or suicide prevention or potential bodily harm.

 

  1. 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We use the submitted information (depending upon your choices and applicable law) to operate, offer, enhance, comprehend, customize, support, and market our Services.

Third-party Service Providers

We work with third-party service providers to assist us in operating, providing, improving, understanding, customizing, supporting, and marketing our Services. We work with third-party service providers to distribute our apps; make available our technical and physical infrastructure, delivery systems; provide engineering, cybersecurity, and operational support; deliver location, map, and places’ information; process payments; assist us in understanding how people interact with and utilize our Services; market our Services; help you connect with businesses using our Services; conduct surveys and research for us; ensure safety, security and integrity; and help with customer service. These companies may provide us with information about you in certain circumstances; for example, app stores may provide us with reports to help us diagnose and fix service issues.

We allow you to use our Services in connection with third-party products and services. If and when you use our Services with such third-party products and services, we might receive your information from them; e.g., if you opt to access our Services via a mobile carrier’s or device provider’s promotion of our Services. Kindly note that when you use third-party products or services, their own terms and privacy policies will govern your use of those services and products.

We might be required to send your information to those with whom you opt to communicate. As you use and communicate via our Services, you would be sharing your information.

We may process or share data based on the following legal basis:

More specifically, we may legally need to process your data or share your information in the following situations:

 

  1. 4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short:  We only share information with the following third parties.

You share your information as you access, utilize and communicate via our Services, and we share your information to assist us operate, offer, enhance, comprehend, customize, support, and market our Services.

We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us at: legal@racksky.com.

  1. Amazon AWS cloud computing
  2. Google maps API
  3. Third party payment processing partners for purchases made on RackSky

We receive information from and share information with other third parties. The information so received might be used by us and third parties, to assist in operating, providing, improving, understanding, customizing, supporting, and marketing our Services and their offerings. The objectives behind using these information would solely be to assist in improving infrastructure and delivery systems; comprehend how our or third-party Services are utilized; developing safety, security and integrity across, e.g., securing systems and stopping acts of spam, threats, misuse, or infringement; bettering third-party services and your user experiences, viz. sending suggestions to you (e.g., of interesting and relevant content), features and content personalization, assisting you in finishing purchases and transactions, and sending relevant offers and ads to you; and giving integrations that assist you in connecting your experiences with other products and services on our platform. These could include, for example, permitting you to connect your payment accounts to pay for availing various Services on RackSky or permitting you to communicate with other products.

 

  1. 5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. 

 

  1. 6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located all over the world with access provided to AWS in the United States. If you are accessing our Services from outside United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your information (see “ 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in the United States, United Kingdom, Europe, Asia and other countries.

If you are a resident in the European Economic Area and your data is governed by the General Data Protection Regulation (GDPR), we will take all necessary measures to protect your information in accordance with this privacy policy and applicable law. However, by agreeing to our services, you hold us harmless of any breach of GDPR requirements. We request you to stop using our service if you believe any GDPR or other guidelines are not addressed to your requirements. While RackSky will attempt to ensure full compliance with all laws, we do not guarantee it and thus can not be held responsible for any breaches. 

 

  1. 7. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us to keep your information for longer than a reasonable period past the start of the idle period on the user’s account.

When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it, or, if this is not possible (for example, because your information has been stored in backup archives), then we will securely store your information and isolate it from any further processing until deletion is possible.

 

  1. 8. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your information, transmission of information to and from our Services is at your own risk. You should only access the services within a secure environment.

 

  1. 9. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data that we may have inadvertently collected from children under age 18, please contact us at legal@racksky.com 

 

  1. 10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right: (i) to request access and obtain a copy of your information, (ii) to request rectification or erasure; (iii) to restrict the processing of your information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your information. To make such a request, please email us at legal@racksky.com. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/board/members_en

If you have questions or comments about your privacy rights, you may email us at legal@racksky.com 

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

    ■ Log into your account settings and update your user account

    ■ Contact us at legal@racksky.com

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

 

  1. 11. DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of information. You will be notified about data breaches when RackSky believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that RackSky becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of information RackSky will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

 

  1. 12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

 

  1. 13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your information.

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at legal@racksky.com.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us at legal@racksky.com, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

  1. 14. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time-to-time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

  1. 15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may contact our senior management, by email at legal@racksky.com .

 

  1. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your information, please email us at legal@racksky.com. We will respond to your request within 30 business days.

 

  1. ASSIGNMENT, CHANGE OF CONTROL, AND TRANSFER

If in future any event of a merger, acquisition, restructuring, bankruptcy, or sale of all or part of our assets occurs. Your information will be shared with the successive owners in connection with the transaction per the stipulated data protection laws.