Last updated May 15, 2023
This privacy notice for{” “} Nicholas Newman {” “}
(
- Download and use
our mobile application ( Maraschino) , {” “} or any other application of ours that links to this privacy notice
- Engage with us in other related ways, including any sales,
marketing, or events
Questions or concerns? Reading this privacy
notice will help you understand your privacy rights and choices. If
you do not agree with our policies and practices, please do not use
our Services. If you still have any questions or concerns, please
contact us at privacy@barelydead.com .
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you
can find out more details about any of these topics by clicking
the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you
visit, use, or navigate our Services, we may process personal
information depending on how you interact with{” “} Nicholas Newman
Do we process any sensitive personal information?{” “}
Do we receive any information from third parties?{” “}
How do we process your information? We process your
information to provide, improve, and administer our Services,
communicate with you, for security and fraud prevention, and to comply
with law. We may also process your information for other purposes with
your consent. We process your information only when we have a valid
legal reason to do so. Learn more about how we process your information .
In what situations and with which{” “}
How do we keep your information safe? We have{” “}
What are your rights? Depending on where you are
located geographically, the applicable privacy law may mean you have
certain rights regarding your personal information. Learn more
about your privacy rights .
How do you exercise your rights? The easiest way to
exercise your rights is by{” “} submitting a data subject access request
Want to learn more about what Nicholas Newman
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us
when you{” “}
Personal Information Provided by You. The personal
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 personal information we collect
may include the following:
-
names
-
phone numbers
-
email addresses
-
usernames
-
passwords
-
contact preferences
-
contact or authentication data
-
billing addresses
-
debit/credit card numbers
-
cocktail and alcohol preferences
Sensitive Information.{” “}
Payment Data. We may collect data necessary to
process your payment if you make purchases, such as your payment
instrument number, and the security code associated with your
payment instrument. All payment data is stored by Stripe https://stripe.com/privacy
Social Media Login Data. We may provide you
with the option to register with us using your existing social media
account details, like your Facebook, Twitter, or other social media
account. If you choose to register in this way, we will collect the
information described in the section called{” “}
Application Data. If you use our application(s), we
also may collect the following information if you choose to provide us
with access or permission:
- Geolocation Information. We may request access or
permission to track location-based information from your mobile
device, either continuously or while you are using our mobile
application(s), to provide certain location-based services. If you
wish to change our access or permissions, you may do so in your
device’s settings.
- Mobile Device Access. We may request access or permission
to certain features from your mobile device, including your mobile
device’s
reminders ,{” “}sms messages ,{” “}storage ,{” “}camera ,{” “}contacts ,{” “}and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Data. We automatically collect device
information (such as your mobile device ID, model, and
manufacturer), operating system, version information and system
configuration information, device and application identification
numbers, browser type and version, hardware model Internet service
provider and/or mobile carrier, and Internet Protocol (IP) address
(or proxy server). If you are using our application(s), we may also
collect information about the phone network associated with your
mobile device, your mobile device’s operating system or platform,
the type of mobile device you use, your mobile device’s unique
device ID, and information about the features of our application(s)
you accessed.
- Push Notifications. We may request to send you push
notifications regarding your account or certain features of the
application(s). If you wish to opt out from receiving these types of
communications, you may turn them off in your device’s settings.
This information is primarily needed to maintain the security and
operation of our application(s), for troubleshooting, and for our
internal analytics and reporting purposes.
All personal information that you provide to us must be true,
complete, and accurate, and you must notify us of any changes to
such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP)
address and/or browser and device characteristics — is
collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or
navigate the 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, 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. https://maraschino.app/cookies .
The information we collect includes:
- Log and Usage Data. Log and usage data is
service-related, diagnostic, usage, and performance information
our servers automatically collect when you access or use our
Services and which we record in log files. Depending on how you
interact with us, this log data may include your IP address,
device information, browser type, and settings and information
about your activity in the Services (such as the date/time
stamps associated with your usage, pages and files viewed,
searches, and other actions you take such as which features you
use), device event information (such as system activity, error
reports (sometimes called
“crash dumps” ), and hardware settings).
- Device Data. We collect device data such as information
about your computer, phone, tablet, or other device you use to
access the Services. Depending on the device used, this device
data may include information such as your IP address (or proxy
server), device and application identification numbers, location,
browser type, hardware model, Internet service provider and/or
mobile carrier, operating system, and system configuration
information.
- Location Data. We collect location data such as
information about your device’s location, which can be either
precise or imprecise. How much information we collect depends on
the type and settings of the device you use to access the
Services. For example, we may use GPS and other technologies to
collect geolocation data that tells us your current location
(based on your IP address). You can opt out of allowing us to
collect this information either by refusing access to the
information or by disabling your Location setting on your device.
However, if you choose to opt out, you may not be able to use
certain aspects of the Services.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and
administer our Services, communicate with you, for
security and fraud prevention, and to comply with law. We
may also process your information for other purposes with
your consent.
We process your personal information for a variety of reasons,
depending on how you interact with our Services, including:
- To facilitate account creation and authentication and otherwise
manage user accounts. We may process your information so you can create and log in to
your account, as well as keep your account in working order.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries
and solve any potential issues you might have with the
requested service.
- To send administrative information to you. We may process your information to send you details about
our products and services, changes to our terms and
policies, and other similar information.
- To
fulfill and manage your orders. {” “} We may process your information to{” “} fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To enable user-to-user communications. We may process your information if you choose to use
any of our offerings that allow for communication with
another user.
- To request feedback. We may
process your information when necessary to request
feedback and to contact you about your use of our
Services.
- To send you marketing and promotional
communications. We may process the personal information you send to us
for our marketing purposes, if this is in accordance
with your marketing preferences. You can opt out of
our marketing emails at any time. For more
information, see
” WHAT ARE YOUR PRIVACY RIGHTS? ” below.
- To deliver targeted advertising to you. {” “}
We may process your information to develop and display{” “}
personalized content and advertising tailored to your interests, location, and more. For more information see our Cookie Notice:{” “} https://maraschino.app/cookies .
- To protect our Services. We may
process your information as part of our efforts to
keep our Services safe and secure, including fraud
monitoring and prevention.
- To identify usage trends.{” “}
We may process information about how you use
our Services to better understand how they
are being used so we can improve them.
- To determine the effectiveness of our
marketing and promotional campaigns. {” “}
We may process your information to better
understand how to provide marketing and
promotional campaigns that are most
relevant to you.
- To save or protect an individual’s
vital interest. {” “}
We may process your information when
necessary to save or protect an
individual’s vital interest, such as to
prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO
PROCESS YOUR INFORMATION?
In Short: We only
process your personal information when
we believe it is necessary and we have a
valid legal reason (i.e.
If you are located in the EU or UK,
this section applies to you.
The General Data Protection Regulation
(GDPR) and UK GDPR require us to explain
the valid legal bases we rely on in order
to process your personal information. As
such, we may rely on the following legal
bases to process your personal
information:
- Consent. We may
process your information if you have
given us permission (i.e.
, {” “} consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent .
- Performance of a Contract. {” “}
We may process your personal information
when we believe it is necessary to{” “}
fulfill {” “} our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
- Legitimate Interests.{” “} We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
- Send users information about special
offers and discounts on our products and
services
- Develop and display{” “}
personalized {” “} and relevant advertising content for our users
-
Analyze {” “} how our Services are used so we can improve them to engage and retain users
- Support our marketing activities
- Diagnose problems and/or prevent
fraudulent activities
- Understand how our users use our
products and services so we can improve
user experience
- Legal Obligations. We
may process your information where we
believe it is necessary for compliance
with our legal obligations, such as to
cooperate with a law enforcement body or
regulatory agency, exercise or defend
our legal rights, or disclose your
information as evidence in litigation in
which we are involved.
- Vital Interests. We may
process your information where we
believe it is necessary to protect your
vital interests or the vital interests
of a third party, such as situations
involving potential threats to the
safety of any person.
If you are located in Canada, this
section applies to you.
We may process your information if you
have given us specific permission (i.e.
In some exceptional cases, we may be
legally permitted under applicable law to
process your information without your
consent, including, for example:
- If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
- For investigations and fraud detection
and prevention
- For business transactions provided
certain conditions are met
- If it is contained in a witness
statement and the collection is
necessary to assess, process, or settle
an insurance claim
- For identifying injured, ill, or
deceased persons and communicating with
next of kin
- If we have reasonable grounds to believe
an individual has been, is, or may be
victim of financial abuse
- If it is reasonable to expect collection
and use with consent would compromise
the availability or the accuracy of the
information and the collection is
reasonable for purposes related to
investigating a breach of an agreement
or a contravention of the laws of Canada
or a province
- If disclosure is required to comply with
a subpoena, warrant, court order, or
rules of the court relating to the
production of records
- If it was produced by an individual in
the course of their employment,
business, or profession and the
collection is consistent with the
purposes for which the information was
produced
- If the collection is solely for
journalistic, artistic, or literary
purposes
- If the information is publicly available
and is specified by the regulations
In Short: We may share information in
specific situations described in this
section and/or with the following{” “}
We
- Business Transfers. We may share or transfer your information 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.
- Other Users. When
you share personal information
{” “} (for example, by posting comments, contributions, or other content to the Services) {” “} or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. {” “} If you interact with other users of our Services and register for our Services through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. {” “} Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
- Offer Wall. Our application(s) may display a
third-party hosted{” “}
“offer wall.” {” “} Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offer wall may appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will be brought to an external website belonging to other persons and will leave our application(s). A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward.
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 Notice https://maraschino.app/cookies
In Short: If you choose to register or log
in to our Services using a
social media account, we may
have access to certain
information about you.
Our Services offer you the ability
to register and log in using your
third-party social media account
details (like your Facebook or
Twitter logins). Where you choose
to do this, we will receive
certain profile information about
you from your social media
provider. The profile information
we receive may vary depending on
the social media provider
concerned, but will often include
your name, email address, friends
list, and profile picture, as well
as other information you choose to
make public on such a social media
platform.{” “}
We will use the information we
receive only for the purposes that
are described in this privacy
notice or that are otherwise made
clear to you on the relevant
Services. Please note that we do
not control, and are not
responsible for, other uses of
your personal information by your
third-party social media provider.
We recommend that you review their
privacy notice to understand how
they collect, use, and share your
personal information, and how you
can set your privacy preferences
on their sites and apps.
7. HOW LONG DO WE KEEP
YOUR INFORMATION?
In Short: We keep your information for as
long as necessary to{” “}
We will only keep your personal
information for as long as it is
necessary for the purposes set out
in this privacy notice, unless a
longer retention period is
required or permitted by law (such
as tax, accounting, or other legal
requirements).
When we have no ongoing legitimate
business need to process your
personal information, we will
either delete or{” “}
8. HOW DO WE KEEP YOUR
INFORMATION SAFE?
In Short: We aim to protect your personal
information through a system of{” “}
We have implemented appropriate
and reasonable technical and{” “}
9. DO WE COLLECT
INFORMATION FROM MINORS?
In Short: We do not knowingly
collect data from or market to{” “}
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 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 personal
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 we may
have collected from children under
age 18, please contact us at{” “} privacy@barelydead.com
10. WHAT ARE YOUR PRIVACY
RIGHTS?
In Short:
In some regions (like{” “}
We will consider and act upon any
request in accordance with
applicable data protection laws.
If you are located in the EEA or
UK and you believe we are
unlawfully processing your
personal information, you also
have the right to complain to your{” “} Member State data
protection authority {” “}
or UK data protection authority .
If you are located in Switzerland,
you may contact the{” “} Federal Data
Protection and
Information
Commissioner .
Withdrawing your consent: {” “}
If we are relying on your consent
to process your personal
information,
However, please note that this will
not affect the lawfulness of the
processing before its withdrawal
nor,
Opting out of marketing and
promotional communications: You can unsubscribe from our
marketing and promotional
communications at any time by
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 in to your account settings and update your user account.
-
Contact us using the contact information provided.
Upon your request to terminate your
account, we will deactivate or
delete your account and information
from our active databases. However,
we may retain some information in
our files to prevent fraud,
troubleshoot problems, assist with
any investigations, enforce our
legal terms and/or comply with
applicable legal requirements.
Cookies and similar
technologies: {” “}
Most Web browsers are set to
accept cookies by default. If you
prefer, you can usually choose to
set your browser to remove cookies
and to reject cookies. If you
choose to remove cookies or reject
cookies, this could affect certain
features or services of our
Services. You may also{” “} opt out of interest-based
advertising by advertisers {” “}
on our Services.{” “} https://maraschino.app/cookies .
If you have questions or comments
about your privacy rights, you may
email us at{” “} privacy@barelydead.com .
11. CONTROLS FOR
DO-NOT-TRACK FEATURES
Most web browsers and some mobile
operating systems and mobile
applications include a
Do-Not-Track (
12. 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 personal information.
California Civil Code Section
1798.83, also known as the{” “}
If you are under 18 years of age,
reside in California, and have a
registered account with 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 using the
contact information provided below
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 all our systems (e.g.
CCPA Privacy Notice
The California Code of
Regulations defines a{” “}
(1) every individual who is in the
State of California for other than
a temporary or transitory purpose
and
(2) every individual who is
domiciled in the State of
California who is outside the
State of California for a
temporary or transitory purpose
All other individuals are defined
as{” “}
If this definition of{” “}
What categories of personal
information do we collect?
We have collected the following
categories of personal information
in the past twelve (12) months:
| Category | Examples | Collected |
A. Identifiers | Contact details, such as
real name, alias, postal
address, telephone or
mobile contact number,
unique personal
identifier, online
identifier, Internet
Protocol address, email
address, and account name | |
B. Personal information
categories listed in the
California Customer
Records statute | Name, contact information,
education, employment,
employment history, and
financial information | |
C. Protected
classification
characteristics under
California or federal law | Gender and date of birth | |
D. Commercial information | Transaction information,
purchase history,
financial details, and
payment information | |
E. Biometric information | Fingerprints and
voiceprints | |
F. Internet or other
similar network activity | Browsing history, search
history, online{” “} | |
G. Geolocation data | Device location | |
H. Audio, electronic,
visual, thermal,
olfactory, or similar
information | Images and audio, video or
call recordings created in
connection with our
business activities | |
I. Professional or
employment-related
information | Business contact details
in order to provide you
our Services at a business
level or job title, work
history, and professional
qualifications if you
apply for a job with us | |
J. Education Information | Student records and
directory information | |
K. Inferences drawn from
other personal information | Inferences drawn from any
of the collected personal
information listed above
to create a profile or
summary about, for
example, an individual’s
preferences and
characteristics | |
| L. Sensitive Personal Information | | |
We may also collect other
personal information outside of
these categories through
instances where you interact
with us in person, online, or by
phone or mail in the context of:
- Receiving help through our
customer support channels;
- Participation in customer
surveys or contests; and
- Facilitation in the delivery
of our Services and to respond
to your inquiries.
How do we use and share your
personal information?
You may contact us{” “} privacy@barelydead.com ,{” “} or by referring to the contact
details at the bottom of this
document.
If you are using an{” “}
Will your information be
shared with anyone else?
We may disclose your personal
information with our service
providers pursuant to a written
contract between us and each
service provider. Each service
provider is a for-profit entity
that processes the information
on our behalf, following the
same strict privacy protection
obligations mandated by the
CCPA.
We may use your personal
information for our own business
purposes, such as for
undertaking internal research
for technological development
and demonstration. This is not
considered to be{” “}
Your rights with respect to
your personal data
Right to request deletion of
the data — Request to delete
You can ask for the deletion of
your personal information. If
you ask us to delete your
personal information, we will
respect your request and delete
your personal information,
subject to certain exceptions
provided by law, such as (but
not limited to) the exercise by
another consumer of his or her
right to free speech, our
compliance requirements
resulting from a legal
obligation, or any processing
that may be required to protect
against illegal activities.
Right to be informed — Request
to know
Depending on the circumstances,
you have a right to know:
- whether we collect and use
your personal information;
- the categories of personal
information that we collect;
- the purposes for which the
collected personal information
is used;
- whether we sell or share
personal information to third
parties;
- the categories of personal
information that we sold,
shared, or disclosed for a
business purpose;
- the categories of third
parties to whom the personal
information was sold, shared,
or disclosed for a business
purpose;
- the business or commercial
purpose for collecting,
selling, or sharing personal
information; and
- the specific pieces of personal
information we collected about
you.
In accordance with applicable
law, we are not obligated to
provide or delete consumer
information that is
de-identified in response to a
consumer request or to
re-identify individual data to
verify a consumer request.
Right to Non-Discrimination
for the Exercise of a
Consumer’s Privacy Rights
We will not discriminate against
you if you exercise your privacy
rights.
Right to Limit Use and Disclosure
of Sensitive Personal Information
We do not process consumer’s
sensitive personal information.
Verification process
Upon receiving your request, we
will need to verify your
identity to determine you are
the same person about whom we
have the information in our
system. These verification
efforts require us to ask you to
provide information so that we
can match it with information
you have previously provided us.
For instance, depending on the
type of request you submit, we
may ask you to provide certain
information so that we can match
the information you provide with
the information we already have
on file, or we may contact you
through a communication method
(e.g.
We will only use personal
information provided in your
request to verify your identity
or authority to make the
request. To the extent possible,
we will avoid requesting
additional information from you
for the purposes of
verification. However, if we
cannot verify your identity from
the information already
maintained by us, we may request
that you provide additional
information for the purposes of
verifying your identity and for
security or fraud-prevention
purposes. We will delete such
additionally provided
information as soon as we finish
verifying you.
Other privacy rights
- You may object to the
processing of your personal
information.
- You may request correction of
your personal data if it is
incorrect or no longer
relevant, or ask to restrict
the processing of the
information.
- You can designate an{” “}
authorized {” “} agent to make a request under the CCPA on your behalf. We may deny a request from an{” “} authorized {” “} agent that does not submit proof that they have been validly{” “} authorized {” “} to act on your behalf in accordance with the CCPA.
- You may request to opt out
from future selling or sharing
of your personal information
to third parties. Upon
receiving an opt-out request,
we will act upon the request
as soon as feasibly possible,
but no later than fifteen (15)
days from the date of the
request submission.
To exercise these rights, you
can contact us privacy@barelydead.com ,{” “} or by referring to the contact
details at the bottom of this
document. If you have a complaint
about how we handle your data, we
would like to hear from you.
13. DO VIRGINIA RESIDENTS HAVE
SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident
of Virginia, you may be granted
specific rights regarding access
to and use of your personal
information.
Virginia CDPA Privacy Notice
Under the Virginia Consumer Data
Protection Act (CDPA):
If this definition{” “}
The information we collect, use,
and disclose about you will vary
depending on how you interact with{” “} Nicholas Newman {” “}
and our Services. To find out
more, please visit the following
links:
Your rights with respect to your
personal data
- Right to be informed whether or
not we are processing your
personal data
- Right to access your personal
data
- Right to correct inaccuracies in
your personal data
- Right to request deletion of
your personal data
- Right to obtain a copy of the
personal data you previously
shared with us
- Right to opt out of the
processing of your personal data
if it is used for targeted
advertising, the sale of
personal data, or profiling in
furtherance of decisions that
produce legal or similarly
significant effects (
“profiling” )
Exercise your rights provided
under the Virginia CDPA
More information about our data
collection and sharing practices can
be found in this privacy notice https://maraschino.app/cookies
If you are using an{” “}
Verification process
We may request that you provide
additional information reasonably
necessary to verify you and your
consumer’s request. If you submit
the request through an{” “}
Upon receiving your request, we
will respond without undue delay,
but in all cases, within
forty-five (45) days of receipt.
The response period may be
extended once by forty-five (45)
additional days when reasonably
necessary. We will inform you of
any such extension within the
initial 45-day response period,
together with the reason for the
extension.
Right to appeal
If we decline to take action
regarding your request, we will
inform you of our decision and
reasoning behind it. If you wish to appeal our
decision, please email us at{” “} privacy@barelydead.com
14. DO WE MAKE UPDATES
TO THIS NOTICE?
In Short: Yes, we will update this
notice as necessary to stay
compliant with relevant laws.
We may update this privacy
notice from time to time. The
updated version will be
indicated by an updated{” “}
15. HOW CAN YOU CONTACT
US ABOUT THIS NOTICE?
If you have questions or
comments about this notice, you
may{” “} privacy@barelydead.com
16. HOW CAN YOU REVIEW,
UPDATE, OR DELETE THE
DATA WE COLLECT FROM
YOU?