Privacy Policy

Introduction

97 Labs, Inc., doing business as “Remark” (“Remark, the “Company” or “we”), respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Privacy Policy”). This Privacy Policy describes how we collect, use, store, share, disclose, and protect your information in connection with our Service, including our website located at https://www.withremark.com (the “Website”). This Privacy Policy is part of, and governed by, our Terms of Use. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Service, you agree to this Privacy Policy; if you do not agree with our policies and practices, your choice is not to use our Service.

This Privacy Policy applies to information we collect:

• Through the Website or the Remark Technology (i.e., through our Service).
• In any emails, text, or other electronic communications sent through the Service.
• Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and our Service.

This Privacy Policy does not apply to information collected offline, through any other apps or websites (including websites you may access through the Website or the Remark Technology) or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website. These other websites, apps, or third parties may have their own privacy policies, which we encourage you to read before providing information through them.

Defined Terms

• “Customer” means an entity or organization that has contracted with Remark to access our Service.
• “Customer Expert” means an individual provided by Customer to provide guided shopping to End Users through the Service on Customer’s Website.
• “Customer Website” means the website, web property, application, or other digital interface through or on which Customer utilizes the Service.
• “End User” means an individual who visits a Customer Website and utilizes the Service as provided through such Customer Website.
• “Expert” means both Remark Experts and Customer Experts.
• “Remark Expert” means an industry expert provided by Remark who provides advice through the Service.
• “Remark Technology” means the proprietary, multi-product platform that enables End Users to access a guided shopping experience and the guided shopping widget installed on Customer’s Website.
• “Service” means the Website and the Remark Technology, which allow an End User visiting a Customer Website to request guided shopping from industry experts through synchronous live platforms (e.g., chat, video, audio), and personalized recommendation tools (e.g., user generated content, reviews, asynchronous recommendations).
• “Third-Party Content” means content, data, or other materials that Customer provides to the Service from its third-party data providers, including through and third-party products used by Customer. For avoidance of doubt, End Users are not considered third parties and the Service is not a third-party product.
• “Website Visitor” means an individual who visits our Website outside the context of our Customers’ use of the Service.

Customers, End Users, Website Visitors, and Experts

You may be interacting with our Service in several different ways as follows:

• You may be a Website Visitor who accesses our Website without utilizing our Service.
• You may be an End User who visits a Customer Website and utilizes our Service on such Customer Website.
• You may be a Customer (or potential customer) who purchases from Remark rights to use the Service on your own website.
• You may be an Expert who provides services through our Service.

If you are an End User, you should review the privacy policy on the Customer Website from which you access our Service, which will govern your use of the Customer Website and explain how the Customer treats information collected by such Customer. This Privacy Policy describes how we may collect, use, store, share, disclose, and protect End User information we obtain through the Service (as implemented on a Customer Website). We have no control over the privacy practices of our Customers. Whether you are a Customer, End User, Website Visitor, or Expert, please read this policy carefully to understand our policies and practices regarding collection and use of your information. If you do not agree with this Privacy Policy, do not access or use the Service (including use of our Service on a Customer’s website). Regardless of the manner in which you interact with our Website, such interaction and use is governed by our Terms of Use and this Privacy Policy.

Children’s Privacy

Our Website and the Service are not intended for general audiences and not for children under the age of 18. No one under age 18 may provide any personal information on the Website or through the Service. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through the Service. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@outdoorly.com.

Information We Collect and How We Collect It

We collect information from and about users of our Website and Service: (i) directly from you when you provide it to us; (ii) automatically when you use the Website and/or the Service, including when End Users engage in a communication using the Service through a Customer’s website; and (iii) directly from you if you provide it to us during the job application process.

Information You Provide to Us

When you access or use the Website or Service, we may ask you to provide personally identifiable information. The amount and type of information depends on the context (e.g., are you a Customer, End User, or Remark Expert) and how we use the information. This information may include name, billing address, email address, company name and e-commerce store URL, or any other information we might collect that is defined as personal or personally identifiable information under applicable law (“Personal Information”). This information may include records and copies of our correspondence (including transcripts of chats, email addresses and phone numbers), your responses to surveys; details on transactions you carry out through the Service; or your search queries on the Service. In addition, we may maintain transcripts of chats, emails, and other written communications conducted between Customers and their End Users.

Information Delivered to us by Customers and by Third Parties

Customers may provide data (including data related to the End Users of Customer Websites) to us in order for us to combine such data with our data for purposes of analyzing such combined data and providing feedback and running reports related to such combined data on behalf of our Customers. We maintain records of all such analyses, feedback, and reports. We may, on behalf of our Customers, obtain from a third party data source commercially available information related to End Users. We maintain copies of such information. As mentioned in this Privacy Policy, we are not responsible for the privacy practices of any of our Customers or any third party.

Information We Collect Automatically

When you use our Website or Service, we and our service providers (who are third parties that perform services on our behalf) automatically collect certain information about your device and how you use the Website or Service, including your IP address, browser type, browser language, operating system, the state or country from which you accessed the Website or Service, software and hardware attributes (including device IDs), number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Website or Service, items you added or removed from your cart, purchases, and other similar information. From your IP address, we may be able to infer your general location (e.g., city/state or postal code).

To collect this information, we and our service providers may use “cookies” or similar tools that track, measure, and analyze the behaviors and usage patterns of our users. Cookies are small data files that can be stored on your browser and device so we can recognize you when you return. We use cookies for analytics purposes, to deliver certain features of the Website or Service, to help us understand how users engage with the Website or Service, and to improve your experience. You may set your web browser to notify you when you receive a cookie and to accept or refuse certain cookies. However, if you elect not to accept cookies, some functionality and areas of the Website or Service may be restricted. To learn how to manage your cookies, please follow the instructions from your specific browser, or if accessing the Website or Service via a mobile device, refer to the manufacturer's instructions. For more details, please refer to our Cookie Policy.

Information We Collect from Other Sources

We may also receive information about you from other sources. For example, if you create or log into your Remark account through another service (e.g., Google Single Sign-On), we will receive information from that service (such as your basic profile information) via the authorization procedures used by that service.

Information We Collect from Social Media and Other Content Platforms

When you “like” or “follow” us on Instagram, Twitter, LinkedIn, or other social media sites, we may collect some information including your name, e-mail address, and any comments or content you post relevant that is to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Information You Provide During the Job Application Process

We may also receive information about you if you submit a job application, inquire about opportunities at Remark, provide us your information at a recruiting event, or if we receive information about you from third parties in connection with our recruiting activities. This information may include:

• name and contact information such as phone number, email address, and postal address;
• employment history such as prior employers and dates of employment;
• education history such as degrees earned and institutions attended;
• resume, CV, educational transcripts, and any information contained in or with such documentation;
• job qualifications and work eligibility information such as country of residence, visa and immigration status, and citizenship;
• reference information, such as name and contact details of your references;
• compensation information that you voluntarily provide, and which may depend on your region and applicable laws and regulations;
• background check information, subject to applicable law; and
• sensitive personal information that you provide voluntarily or which we request on a non-mandatory basis in order to comply with applicable law.
  

Furthermore, if you apply for and accept a position as a Remark Expert, you may provide the following additional information:

• profile and other photos;
• usernames for social media sites and links to your public profile;
• languages spoken;
• arbitrary facts related to your role as a Remark Expert; and
• arbitrary skills related to your role as a Remark Expert.
  

You are responsible for the personal information you provide or make available to us through the recruiting process and all such information must be truthful, accurate, and not misleading in any way. You may not provide information that is obscene, defamatory, infringing, malicious, or that violates any law. To the extent you voluntarily provide any sensitive or special categories of information, as may be defined in applicable laws, you explicitly consent to our processing of such information as described in this Privacy Policy. Depending on your region or the region where an opportunity is located, we may be required to process certain sensitive personal information to comply with applicable local law. You are responsible for providing any notices and obtaining any consents necessary for us to collect and use personal information of your references as described in this Privacy Policy.

Third-Party Information Collection

When you access or use the Website or Service, or access its content, certain third parties, such as advertisers, analytics companies, your mobile device manufacturer, your mobile service provider and (if you are an End User) Customers may use automatic information collection technologies to collect information about you, your computer or your device. The information these third parties collect may be associated with your personal information or your online or mobile activities over time and across different websites, apps and other online services websites. Such third parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, for various business and operational purposes including:

• Administer your account, including to verify your information and to collect payments;
• Provide, manage, support, and improve our Service;
• Respond to your requests for information and provide you with more effective and efficient customer service;
• Conduct internal business operations in support of our Service, such as auditing, detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, resolving crashes, invoicing and accounting, sales and marketing, analytics, and research and development;
• Contact you regarding Remark and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you (in accordance with any privacy preferences you have expressed to us);
• Customize content, preferences, and advertising on the Service, across the Internet and elsewhere;
• Comply with applicable laws, regulations, and other legal processes and procedures;
• If you use the Service to receive support, feedback, or advice about purchasing a product from a Customer, we may publish such support, feedback, or advice in order to help us clarify or respond to your request or to provide support to other users;
• If you use the Service as an Expert to provide support, feedback, or advice to an End User, we may use, copy, and/or publish such support, feedback, or advice and disseminate it any way we see fit;
• For “Information You Provide During the Job Application Process”, to review and evaluate an application you submit, communicate with you regarding your application or other interest in Remark opportunities; process your onboarding if you are hired; operate, improve, and maintain the security of our recruiting process; and comply with applicable laws and otherwise operate our business;
• Establish, exercise, or defend our legal rights; and
• For any other purpose with your consent.
  

The usage information we collect helps us improve our Website and Service and deliver a better and more personalized experience by enabling us to estimate our audience size and usage patterns, store information about your preferences, customize our Website and Service according to your individual interests, speed up your searches, and recognize you when you use the Website or Service. The information we collect about our Customer’s End Users enables us to offer Customers a platform which they use to communicate with, interact with, and deliver content to, the End Users of Customer Websites.

We use information we collect through your IP address to combine such data with our data for purposes of analyzing such combined data and providing feedback and running reports related to such combined data on behalf of our Customers.

Disclosure of Your Information

We may disclose aggregated and/or de-identified information about our users (including Customers, End Users, and Experts), and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• In the case of the personal information of Experts, to Customers and End Users who interact with Experts through our Service.
• In the case of the personal information of End Users, to Customers and Experts when an End User utilized the Service. Please note that as an End User, you are not required to disclose any personal information in order to use the Service.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Remark’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Remark about users of our Service is among the assets transferred.
• For any other purpose disclosed by us when you provide the information and with your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Remark, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information to Customers. If you are an End User, you may share your personal information with Remark or with an Expert through our Service, and we may share this information with our Customers. If you, as an End User, do not wish to have your contact information used by Remark and/or a Customer, you can opt-out by sending us an email stating your request to privacy@outdoorly.com.
• Informational Requests from the Company. If you do not wish to have your contact information used by the Company to contact you regarding the Service, you can opt-out by sending us an email stating your request to privacy@outdoorly.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Information

‌You can review and change your personal information by sending us an email at privacy@outdoorly.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of our Service. Proper access and use of information provided on the Website or through the Service, including User Contributions, is governed by our Terms of Use.

How Long we Keep Information

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it — which are described in the section above entitled “How We Use Your Information” – and we are not legally required to continue to keep it. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Privacy Notice for Residents of Certain States in the USA

Some USA state laws (e.g., California and Nevada) provide state residents with additional privacy rights. This section of the Privacy Notice addresses current U.S. state data privacy laws, including the California Consumer Protection Act (2018) (the “CCPA”), and will be updated as these laws evolve.

California Residents: Additional Disclosures Related to Collection, Use, and Disclosure of Personal Information. If you are a California resident, the CCPA requires us to disclose the following information with respect to our collection, use and disclosure of personal information.

Categories of Personal Information Collected: In the preceding 12 months, we have collected the following categories of personal information: certain identifiers, certain of the personal information categories listed in the California Customer Records statutes, commercial information, internet or other electronic network activity information, professional or employment-related information, and inferences drawn about your preferences. For examples of the personal information we collect, please see “Information We Collect and How We Collect It” above.

Business or Commercial Purpose for Collecting and Using Personal Information: We collect personal information for the business purposes described in “How We Use Information” above.

Categories of Sources of Personal Information: We collect personal information directly from you, automatically, and from other sources, each of which is more particularly described in “Information We Collect and How We Collect It” above.

Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information for business or commercial purposes as set forth in “Disclosure of Your Information” above.

Categories of Third Parties with whom We Share Personal Information: We may share your personal information with the third parties as described in “Disclosure of Your Information” above.

Sale of Personal Information: Remark does not as a matter of course sell your personal information.

Your Consumer Rights

California consumers have the right to request access to their personal information, additional details about our information practices and deletion of their personal information (subject to certain exceptions). We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information.

Right to Know: You may request access to the specific pieces of personal information we have collected about you in the prior 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for a business or commercial purpose, the categories of third parties with whom we share your personal information, and the specific pieces of personal information we collected about you. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

Deletion: You may request that we delete the personal information we have collected about you. Please note that we may retain certain information as required or permitted by applicable law, and we may deny your deletion request if retaining the personal information is necessary for us or our service providers under one of the nine statutory exceptions listed in Cal. Civ. Code § 1798.105, as amended by AB 1146. We are required by law to verify your identity prior to deleting your information in order to protect your privacy and security. If you request to delete your personal information, certain features of our Service may no longer be available to you.

To exercise the rights described above, please submit a verifiable consumer request to us in writing at 97 Labs Inc., d/b/a Remark, 276 5th Avenue, Suite 704-3007, New York, NY 10001, USA or send an email to privacy@outdoorly.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We may not be able to provide all of the information requested, for example: (i) if the personal information was collected for a single one-time transaction and if, in the ordinary course of business, such information was not retained; (ii) we would be required to reidentify or otherwise link any data that, in the ordinary course of business, was not maintained in a manner that would be considered personal information; (iii) the consumer used different browsers, devices or identifying information and we have not linked all such information together; or (iv) if the information was collected, sold or disclosed prior to January 1, 2019 or 12 months prior to the receipt of such verifiable consumer request, whichever is later.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; and/or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

“Shine the Light” Law

California residents may request certain information regarding our disclosure (if any) of personal information to third parties for their direct marketing purposes, pursuant to California Civil Code Section 1798.83 (the California “Shine the Light” law). To make such a request, please contact us, identify yourself as a California resident and provide sufficient information so we can take appropriate action, such as your name, email address or any additional information required.

Nevada Residents

Though we do not as a matter of course “sell” “covered information” as those terms are defined by the Nevada Privacy Law (as amended), if you reside in Nevada and believe we have sold your covered information, please contact us as set forth below.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Our databases and database communications are AES encrypted both in transit and at rest. Data is encrypted at rest on the underlying storage media that serves database branches and also the underlying storage media that hosts our database backups. Encrypted data is transmitted to and from our database using TLS 1.3. Data served over our API is guarded by RBAC (Role-based-access-control). Data served over our API is also encrypted in transit using SSL/TLS.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Please remember that End Users need not provide any personal information in order to utilize the Service.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

Special Notice to You if You are Located in Countries Other than the United States and Canada

This Website and our Service are intended only for residents of the United States and Canada. If you are visiting our Website and/or using our Service from outside the United States and Canada, the laws governing data collection and use in your country of residence may differ from United States law, including that the privacy laws applicable to your country of residence may be more restrictive than the laws in the United States. Please do not access our Website and/or the Service.

Changes to our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

97 Labs Inc., d/b/a Remark
276 5th Avenue, Suite 704-3007
New York, NY 10001
privacy@outdoorly.com