SCOPE OF THIS POLICY
Thank you for using Mighty. This privacy policy aims to provide you with information on how our platform uses information collected from you.
Mighty Software Group LLC (referred to as “Mighty”, “we” or “us”), a fully owned subsidiary of Universe Software, Inc., is a United States company, registered and headquartered at 1445 Woodmont Ln NW, #805, Atlanta, GA 30318 . Mighty recognizes that our platform (www.mightypayments.com) (the “Site”) and any related services (the “Services”) we offer, including our invoicing software (“App”), can only work if we build a relationship of trust with our users.
“User” refers to anyone who uses our Services, including those who use our App and general visitors of our Site, while “you” refers to you, the person who is governed by this Privacy Policy.
We control the purpose for which, and the manner in which, Personal Data (as defined below) about you is processed. We are therefore the data controller under applicable data privacy laws.
This Privacy Policy outlines the categories of Personal Data the Site collects from you, that you provide to us, or that you authorize to be provided to us or that we collect from third party resources for marketing or other legitimate purposes in relation to our Services, the purposes for which your Personal Data might be used and the safeguards we put in place in the course of our relationship with you to protect your Personal Information.
By continuing to use our Site, our App and/or our Services, you expressly consent to our processing of your Personal Data (as defined below) as described in this Privacy Policy (as modified from time to time) and to being bound by the provisions hereof. When using our Site, our App and/or Services, please always also read our Terms & Conditions.
Third Party Website and Services
You should be aware of the fact that our Site may contain hyperlinks to third party websites, apps, etc., which are not controlled by us and which are not covered by this Privacy Policy. We have no responsibility or liability for the content and activities of these third-party websites, apps, etc. Additionally, some Users of our Services are businesses with their own privacy practices, and any interactions you have with those Users or services they offer are not subject to this Privacy Policy.
As these third parties may collect your Personal Data, we suggest that you consult the privacy policies of these third parties (including other Users with whom you interact) to learn more about their use of your Personal Data.
WHO ARE WE?
We are a technology company developing the App, called “Mighty”.
“Mighty” is an invoice, estimate, and payment management software whereby a whole set of Services are provided to the Users of our Site and App, including the creation, distribution, communication regarding, and payment of quotes/estimates, invoices, and receipts.
Further information about us and the technologies we have developed is available here.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
So that we are clear about the terminology we are using, “Personal Data” means any information describing or relating to an identified or identifiable individual.
Personal Data obtained from you
Firstly, we may obtain your Personal Data from you voluntarily when signing up to the App and/or using our Services, as well as in other circumstances, such as when filling out a survey, making a comment or enquiry, posting something on our social media pages, subscribing to direct marketing, etc.
Personal Data collected this way may include:
Personal Data obtained from other sources
We may also collect Personal Data or information about you from other sources. These other sources may include:
Personal Data collected this way may include: your interests, consumer and market research data, purchase behavior, publicly observed data or activities such as blogs, videos, internet postings and user generated content.
Information collected automatically
Lastly, some information may be collected automatically when you visit our Site or use our App and Services, such as information collected by cookies and other technologies (including web analytic tools) on our Site.
Information collected this way may include:
We try to collect the smallest amount and fewest types of Personal Data that are required for us to effectively offer our Services.
For the avoidance of doubt, any aggregate, non-personal or technical information collected, which is or may be connected or linked to the identities of the relevant users, shall be deemed as Personal Data as long as such connection or linkage exists or may be made using all the means reasonably likely to be used. In such situations, the provisions in this Privacy Policy regarding Personal Data shall apply mutatis mutandis to the aggregate, non-personal or technical data mentioned in this Section. For clarity purposes, as an example, if we have sufficient information to link an IP address to a particular individual user (e.g., through login details, cookies, or any other information or technology) then that IP address is Personal Data and is subject to the full protections of data protection law and this Privacy Policy.
FOR WHICH PURPOSES MAY WE USE YOUR PERSONAL DATA?
We may use your Personal Data to:
Our use of your Personal Data for the business purposes described above is permitted by law because:
We may disclose your Personal Data: (a) to third party vendors/suppliers who help us provide the Site, and /or the App, and/or the Services (as detailed below); (b) to third parties to whom you ask us to send Personal Data, including other users to whom you authorize us to provide certain details of your Personal Data; (c) as required by law, such as to comply with a subpoena or otherwise in response to a lawful request by public authorities (including to meet national security or law enforcement requirements), or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; (d) to a parent company, any subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), in the event we have such Affiliates now or in the future, in which case we will require our Affiliates to honor this Privacy Policy, or (e) to a company that merges with us, acquires us, or purchases our assets, or a successor in interest in bankruptcy, in which case such company may continue to process your Personal Data as set forth in this Privacy Policy.
We will share your Personal Data with third parties only in the ways that are described in this Privacy Policy, only to the extent necessary as per the applicable purpose of the disclosure and in strict compliance with applicable data privacy laws (including by observing the requirement to conclude compliant data processing agreements with any third-party processor carrying out their tasks on our behalf and upon our instructions). We do not otherwise share or sell your Personal Data with or to third parties. We may use and disclose anonymous / aggregate information without restriction.
We do not and will not share, disclose, sell, rent, or otherwise provide Personal Data to other companies for the advertising and/or marketing of their own products or services.
Third-Party Access to Your Information
Although you are entering into an agreement with us, to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others. Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us and we may hire outside contractors to perform maintenance or assist us in securing our website.
It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, exchange, and otherwise use your information in conjunction with:
YOUR RIGHTS
You have a number of rights under the data protection laws in relation to your Personal Data, as follows:
You can exercise any of your rights as stated above, by sending us a request to [email protected]. We will endeavor to respond to any such request as soon as possible, and in any event within the legal deadline.
Also, Mighty permits residents of the State of California to use its services. Therefore, it is the intent of Mighty to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at [email protected] with any questions.
Limitations
There are some exceptions to these rights, however, to safeguard the public interest (such as, the prevention or detection of crime), our interests (such as, the maintenance of legal privilege) or the rights and freedoms of others, as provided by the data protection laws.
For example, while we will make good faith efforts to provide you with access to your Personal Data, we may deny or limited access to such Personal Data where: this would interfere with the execution or enforcement of the law or with private causes of action (including the prevention, investigation or detection of offences or the right to a fair trial); the legitimate rights and interest of others would be violated through such disclosure; this would prejudice the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving us. We will of course endeavor to offer you an adequate explanation of the necessity, and reason for, restricting access in the circumstances mentioned above.
If you wish to delete your account, you may do so at any time by emailing us at [email protected] or by selecting the Delete Account option in the App. Deletion is your sole means of terminating your account. Please note that once you delete your account you will no longer be able to enjoy the full functionality of the Site and/or (part or all) of the Services we provide. Certain information is necessary in order for us to provide the Site; therefore, if you delete such necessary information, you will not be able to use the Site and/or the Services. In addition, you may opt-out of providing information via the App at any time by uninstalling the App using the standard uninstall process available on your mobile device or via the mobile application marketplace or store.
Please remember, however, if we have already disclosed some of this information to third parties, we cannot access that information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. We will of course comply with any legal obligation we may have to notify them of your request.
Please note that even though you may request the deletion of your Personal Data by us, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, or troubleshoot problems) to keep this information and not delete it, or to keep this information for a certain time, in which case we will comply with your account deletion only after we have fulfilled such requirements. When you delete your account, Personal Data will be deleted from the active database, but (limited) Personal Data may remain in our archives where legally permitted. Also, although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.
If you have unsubscribed from receiving marketing information from us, we will continue to maintain your Personal Data for any other purpose for which we still have legal grounds for processing such Personal Data (such as the performance of a contract, for the purposes of complying with a legal obligation or when the processing is necessary for the purpose of a legitimate interest of us). In certain cases, if no other legal grounds exist, we will maintain limited Personal Data (such as your email address) about you on record so as to be able to ensure for the future that such marketing communications are no longer sent to you.
Please note that any processing of your Personal Data prior to the deletion of your account with us, or your request that we no longer contact you for direct marketing purposes will remain valid under the legal grounds then prevailing.
HOW WE PROTECT YOUR PERSONAL DATA?
The security of your Personal Data is important to us and so we take great care in implementing and maintaining the security of the Site, of the App and of the Services we provide and of your Personal Data.
We have put in place appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access and against all other unlawful forms of processing, in accordance with the law. In addition, we employ industry standard procedures and controls to ensure the safety of your Personal Data.Such measures to enhance the security of our Site and Services include using SSL certificates and a one-way hashing algorithm for storing Users’ passwords.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We endeavor to ensure that Personal Data are kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable. We retain Personal Data about you only for as long as it serves a purpose of processing mentioned in this Privacy Policy. This does not prevent us from processing your Personal Data for longer periods of time, to the extent such processing reasonably serves other purposes, including for statistical analysis.
However, some Personal Data may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons. We will generally retain your Personal Data only so long as it is required for purposes for which it was collected. Where your Personal Data is no longer required, we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business.
Subject to the principles set out in the above paragraph, we will delete your account and of the data related to it the earlier of (i) your express request to [email protected]; or (b) 3 years after your last use of the App, or your last accessing of the Website or of any of our Services.
CHILDREN
We do not knowingly solicit information from or market to or in any other way collect Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data to our Site; the best way to ensure this is to not use our Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children never to provide Personal Data to our Site without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to us, please contact us using the details provided below.
INTERNATIONAL TRANSFERS
Your Personal Data may be transferred to and processed in other countries where laws governing the processing of Personal Data may be less stringent than the laws in your country (including jurisdictions outside the European Economic Area).
In such cases, we will ensure that the transfer of your Personal Data complies with applicable data protection laws and that suitable safeguards are in place to protect your Personal Data. This adequate safeguard might be a data transfer agreement with the recipient based on standard contractual clauses, such as those approved by the European Commission. You can obtain a copy of any standard contractual clauses in place, which relate to transfers of your Personal Data by contacting [email protected] although some details may be redacted for confidentiality reasons.
By using our Site, the App and the Services, to the extent required and valid under your local law, you explicitly consent to your Personal Data being transferred and processed this way.
PAYMENTS AND BILLING
When users of Mighty’s App purchase a subscription, they share their payment information with Apple’s App Store (who processes in-app transactions). This relationship is regulated between the user and Apple via the privacy policy of the App Store.
Mighty does not process your payments or collect the details of the payment method used for subscription purchases (debit or credit card, or others).
CHANGES TO THIS PRIVACY POLICY
We reserve the right to update this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify Users by updating the “Last Updated” date of this Privacy Policy and posting it on the Site. We may also provide notification of changes in another way that we believe is reasonably likely to reach Users, such as via e-mail (if a User has an account) or via another manner through the Site.
CONTACT US
If you have any questions about this Privacy Policy or our privacy practices, please contact us at [email protected].
