1. Introduction; General Terms
2. Information We Collect About You
Information you Provide Voluntarily. We collect the information you voluntarily provide to us. For example:
- In order to access and/or use the Service (e.g., account registration, billing, etc.), we require that you provide and/or otherwise make available to us certain information, which may include, among other things, your legal name, email address, company affiliation, physical address and telephone number.
- If you purchase products or services, then we or our third party payment processor will also ask for additional information, such as your credit card number and billing address.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. When you post messages to the Website or otherwise communicate with us or other users via the Service, the information contained in your posting will be stored on our servers and other users may be able to see it.
- We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via email regarding support for the Service.
- We may allow you to sign up and log in to the Service using accounts you create with third-party products and services, such as Google and Github (collectively, "Third-Party Accounts"). If you access the Service with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
- When you participate in one of our surveys, we will collect the information you choose to submit to us.
- We may also collect Personal Information at other points in the Service that state that Personal Information is being collected.
Information We Collect Automatically. When you access and/or use the Service, we automatically collect certain information through cookies, web beacons and other technologies and store it in our log files. Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information. These server logs may include information such as your web request, operating system and version, Internet Protocol ("IP") address, browser type, device type, language preference, referring / exit pages and URLs, pages you view on our Website, number of clicks and how you interact with links on the Website, search terms you entered to arrive at our Website, the date and time of each of your requests and other such information regarding your access to and/or use of the Service . We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information. Please see the section "Cookies and Other Tracking Mechanisms" below for more information.
Location data. When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store "location data," which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Information we obtain from other third party sources. We may receive information about you from third parties, but only where we have received assurances from these third parties that they have either received your consent or are otherwise legally permitted or required to disclose your Personal Information to us. For example, the customer relationship management software we use may supplement your contact information we have entered for you with information available from third party sources (e.g., LinkedIn). This information could include, but is not limited to any information that you have permitted the third party to share with us, and any information you have made public in connection with that service.
3. How We Use Information
Use of Personal Information. We may use your Personal Information for, among other things, the following purposes:
- To provide the features and functionality of the Service to you, to communicate with you about your use of the Service, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) to provide, improve and monitor the effectiveness and/or usage patterns of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; and (f) help you efficiently access your information after you sign in.
- To tailor the content and information that we may send or display to you or to otherwise personalize your experiences while using the Service.
- For marketing and promotional purposes. For example, we may send you emails about products or information we think may interest you. We may also use the information that we learn about you to help determine when and how to advertise our services on third party websites, advertising networks and services, or to customize advertising to you or to customize your experience on our Website and the Service.
- To verify your eligibility to win a prize in a sweepstakes, contest or giveaway you have entered and to deliver that prize to you.
- For the prevention and detection of fraud or infringement of our or any third party's rights.
- To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to improve our Service, respond to user preferences, and for other research and analytical purposes.
- To diagnose service or technical problems.
- To ensure and maintain the security of the Service.
- To comply with legal obligations or legal process.
4. Sharing and Disclosure of Personal Information and Other Information
Customer and User Quotes and Testimonials. We may display personal testimonials of satisfied customers and users on our Website in addition to other endorsements. With your consent we may post your personal testimonial with your name and/or with your bio picture. If you wish to update or delete your testimonial, you can contact us at email@example.com.
Your Third Party Services. You can also choose to give third parties access to your information and your account for the Service—for example, via PlanetScale APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
Our users' data should receive the same legal protections regardless of whether it's stored on our services or on their home computer's hard drive, therefore we abide by the following Government Request Principles when receiving, scrutinizing, and responding to government requests for our users' data:
- Be transparent,
- Fight blanket requests,
- Protect all users, and
- Provide trusted services.
Corporate Restructuring. We may buy or sell, divest or transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other user information related to the Service (as described herein) will likely be among the items transferred in these types of transactions. We may also sell, transfer or assign such information in the course of corporate divestitures, reorganizations, mergers, acquisitions, bankruptcies, dissolutions, liquidations or similar transactions or proceedings involving all or a portion of the company.
Aggregate and/or Non-identified Information. We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual for any purpose, including for research and marketing purposes, and our disclosure of such information is not subject to restriction.
Others. We may disclose your Personal Information to any other person with your consent to the disclosure.
5. Access to your Personal Information and Your Privacy Rights
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. You may change your privacy preferences (e.g., ask us not to share your Personal Information with a particular third party) by sending an email to us at firstname.lastname@example.org detailing your privacy request.
Access, correct, update or request deletion. If you wish to access, correct, update or request deletion of your Personal Information that you may not access directly through the Service, you can do so at any time by sending an email to us at email@example.com.
Object to processing, restrict processing or request portability. If you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. You can exercise these rights by sending an email to us at firstname.lastname@example.org.
Opt-out. You have the right to opt-out of marketing communications (including our technical newsletter, product updates, marketing emails, and invitations) we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the emails we send you or by sending an email to us at email@example.com. Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Further, also please note that in order to keep you informed about the operation of the Service, we may still send you administrative emails, notifications and announcements that are needed for the proper functioning and administration of the Service, including, without limitation, for the purposes described in Section 3 above, in connection with your use thereof.
Withdraw consent. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
Right to complain. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)
We and our third party service providers (including analytics providers) may use "cookies" (which are small electronic files containing information about you and your activities that are stored on your Device (e.g., html files, Flash files, etc.), "embedded scripts", web beacons and other similar tracking technologies to collect and store information automatically as you use, access and/or otherwise interact with the Website and the Service. We may combine this information with other Personal Information we collect from you (and our third party service providers may do so on our behalf).
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Service, while others are used to enable a faster log-in process, to allow us to track your activities on our Service, or to otherwise enable Service features. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content and compile statistics about Website usage. We or our service providers may also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
7. Interest Based Advertising. The Service may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers"), such as Google Adwords and Facebook. We use Third Party Advertising Service Providers to, for example, serve advertisements on or in connection with the Service, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Service and any use thereof. Third Party Advertising Service Providers may enable us to display advertisements based on your profile and corresponding use of the Service and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and choices regarding having information used by NAI members.
Users in the European Union may also opt out of many third-party ad networks. For example, you may go to the European Interactive Digital Advertising Alliance ("EDAA") Your Online Choices Page for information about opting out of interest-based advertising and choices regarding having information used by EDAA members.
Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-Out Page or the EDAA Your Online Choices Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA, NAI, or EDAA-related websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info, the NAI's website at www.networkadvertising.org, and the EDAA's website at www.youronlinechoices.com/goodpractice.
8. Children The Service is not directed toward children under 16 years of age, and PlanetScale does not want to collect and does not seek to collect Personal Information from children under 16 or knowingly allow such persons to become a registered user of the Service. If we discover that we have collected Personal Information from a child under 16, we will take steps to remove that information from our systems. If you believe the Company inadvertently collected information from a child under 16 years of age, please contact firstname.lastname@example.org.
9. Notice for California Users
Depending on how you interact with us, we may collect the categories of information as summarized below. This Notice for California Users does not apply to Personal Information we collect from employees or job applicants in their capacity as employees or job applicants. It also does not apply to Personal Information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.
The following personal information we collect about you (as described below) comes from your interaction with the Service:
- Personal Identifiers (such as name, physical address, unique personal identifier, online identifier, Internet Protocol address, email address or other similar identifiers)
- Financial and Commercial Information (such as billing data when you make a purchase, records and history of products or services purchased or considered.)
- Location Information (inferred from your IP address)
- Professional/Employment Information (such as the name of your employer and your title)
- Legally Protected Classifications (such as your correspondence salutation)
- Other Identifying Information (such as cookies used for website performance analytics)
All of the categories of personal information we collect about you (as detailed above) are used for the following purposes:
- Providing our services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our services)
- For our operational purposes, and the operational purposes of our service providers and integration partners
- Improving our existing services and developing new services (e.g., by conducting research to develop new products or features)
- Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
- Bug detection, error reporting, and activities to maintain the quality or safety of our services
- Auditing consumer interactions on our site (for example, measuring ad impressions)
- Short-term, transient use, such as customizing content that we or our service providers display on the services
- Other uses for which we provide you with notice
California Rights and Choices
Subject to certain restrictions, as a California resident, you have the right to request that we disclose what personal information we collect about you, to delete any personal information that we collected from or maintain about you, and to opt-out of the sale of personal information about you. You also have the right to designate an agent to exercise these rights on your behalf, subject to verification of that agency relationship. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please email us at email@example.com
Accessing and Deleting Your Personal Information
- Right to request access to your personal information
You, as a California resident, have the right to request that we disclose what categories of personal information that we collect, use, or sell about you. You may also request the specific pieces of personal information that we have collected about you. However, we may withhold some information where the risk to you, your personal information, or our business is too great to disclose the information.
- Right to request deletion of your personal information
You may also request that we delete any personal information that we have collected from or about you. However, we may retain personal information as authorized under applicable law, such as personal information required as necessary to provide our services, protect our business and systems from fraudulent activity, to debug and identify errors that impair existing functionality, as necessary for us, or others, to exercise free speech or other rights, comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. We need certain types of information so that we can provide our services. If you ask us to delete it, you may no longer be able to access or use our services.
How to exercise your access and deletion rights
California residents may exercise their California privacy rights by submitting a request via email at firstname.lastname@example.org.
For security purposes, we may request additional information from you to verify your identity when you request to exercise your California privacy rights. If you do not have an account with us, or if we have reason to suspect that the security of your account is compromised, we will request additional information from you to match with our existing records to verify your identity, depending on the nature of the request and the sensitivity of the information sought.
10. Transfer of Personal Information to the United States
PlanetScale processes personal information both inside and outside of the United States and relies on Standard Contractual Clauses as the legally provided mechanism to lawfully transfer data from the European Economic Area, the United Kingdom, and Switzerland to the United States.
11. Legal Basis For Our Use (EEA visitors only)
If you are a resident from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information). Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us by sending an email to us at email@example.com
We are dedicated to keeping your Personal Information secure. We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it, and have implemented appropriate physical and organizational measures to protect the Personal Information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction such as storing such information using third party data centers that are routinely and independently audited against widely accepted security standards, encrypting data at rest and in transit and providing security training to our employees. That said, like any managed service provider, we cannot guarantee that unauthorized third parties or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Website and the Service, your information will travel through third-party infrastructures which are not under our control. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
13. Data Retention
18. Sole Statement