Terms of Use

Last Updated: October 18, 2021

Thanks for using Alfred.

Please read these Terms carefully. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Indiemark LLC, d/b/a Alfred (“we,” “us” or “our”), concerning your access to and use of the alfredknows.com website, my.alfredknows.com (Customer Portal), api.alfredknows.com (API), doc.alfredknows.com (Documentation) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”).

General Terms

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. 

We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

User Representations

By using the Site, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity, and you agree to comply with these Terms of Use;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Site for any illegal or unauthorized purpose; and
• your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Fees and Payment

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

Cancellation

All purchases are non-refundable. You can delete your account at any time by contacting us using the contact information provided below. If you are unsatisfied with our services, please email us at hello@alfredknows.com.

Software

We grant you a non-exclusive, revocable, and non-transferable license to use our software and service (collectively, the “Software”) solely in connection with our services and per these Terms of Use.

Any Software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of the use or performance of any Software. You may not reproduce or redistribute any software.

Prohibited Activities

You may not access or use the Site for any purpose other than that we make the Site available. 

As a user of the Site, you agree NOT to;

• use the Software to enable the sending of unsolicited email messages;
• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• use a buying agent or purchasing agent to make purchases on the Site;
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• engage in unauthorized framing of or linking to the Site,
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• attempt to impersonate another user or person or use the username of another user.
• sell or otherwise transfer your profile;
• use any information obtained from the Site to harass, abuse, or harm another person;
• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
• delete the copyright or other proprietary rights notice from any Content,
• copy or adapt the Software, including but not limited to Python, HTML, CSS, JavaScript, or other code;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
• except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or;
• use the Site in a manner inconsistent with any applicable laws or regulations.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (collectively, “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to:

• monitor the Site for violations of these Terms of Use;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems or;
• otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you are a resident in the European Economic Area, please review our General Data Protection Statement and Data Processing Addendum (DPA) for more information.

Anti Spam Policy

Please review our Anti Spam Policy posted on the Site. By using the Site, you agree to be bound by our Anti Spam Policy, which is incorporated into these Terms of Use.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the state of Georgia, USA.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 3 MONTHS BEFORE ANY CAUSE OF ACTION ARISING OR $100.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Indiemark LLC
901 Greene Street
Augusta, GA 30901
USA
privacy@alfredknows.com

Privacy Policy

Last Updated: October 18, 2021

Thank you for choosing to be part of our community at Indiemark LLC d/b/a Alfred (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. 

This privacy policy applies to all information collected through the alfredknows.com website, my.alfredknows.com (Customer Portal), api.alfredknows.com (API), docs.alfredknows.com (Documentation) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”).

In this privacy notice, we describe our privacy policy. 

We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our Site.

If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at privacy@alfredknows.com.

What information do we collect? 

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

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

• Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
• Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
• Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number) and the security code associated with your payment instrument. Our payment processor stores all payment data, and you should review their privacy policies and contact the payment processor directly to respond to your questions.

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

What information do we collect automatically?

We automatically collect certain information when you visit, use or navigate the Site. 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 Site and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

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

Do we collect information from other sources?

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL, and any other information that you choose to make public); marketing leads and search results and links, including paid listings such as sponsored links.

How do we use your information?

We use personal information collected via our Site for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate the account creation and login process. 
• To send you marketing and promotional email communications. You may opt-out of these communications by following the instructions in the email or contacting us at privacy@alfredknows.com
• To send administrative information to you. We may use your personal information to send you new feature information and/or information about changes to our terms, conditions, and policies.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.
• To post testimonials with your Consent. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at hello@alfredknows.com and be sure to include your name, testimonial location, and contact information.
• Deliver targeted advertising to you. We may use your information to develop and display content and a.dvertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness
• Request feedback. We may use your information to request feedback and to contact you about your use of our Sites.
• To protect our Site. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
• To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
• To enforce our terms, conditions, and policies.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other business purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Site, products, services, marketing, and your experience.

Do we share your information?

We only share and disclose your information in the following situations:

• Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Vendors, Consultants, and Other Third-Party Site Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand online activity.
• 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.
• Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
• With your Consent. We may disclose your personal information for any other purpose with your consent.

Do we use cookies and other tracking technologies?

Our website uses “cookies” to help us understand our visitors’ needs and interests, and we use that information to improve our Site. They are not linked to any personally identifiable information. If a user rejects the cookie, our Site may still be used, however, the user’s access to some areas of our website may be limited.

For clarity’s sake, a “cookie” is a small text file containing a random and unique identifier that either Alfred or a business partner, such as a third-party web analytics provider, transfers to your computer through your web browser (unless you set your browser to reject cookies). Alfred uses cookies to, among other things, recognize your browser, track your movement through the Site, to track the point of registration for those users signing up for mailings or programs, and to track and measure the success of a marketing campaign.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org.

Will my data be transferred across internal borders?

Our servers are located in Germany (Frankfurt Region) EU. If you are accessing our Site from outside European Union, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “Disclosure of Your Information” above), in Germany and other countries.

If you are a resident in the European Economic Area, please review our General Data Protection Statement and Data Processing Addendum (DPA) for more information.

What is our stance on third-party websites?

We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The Site may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Sites. You should review the policies of such third parties and contact them directly to respond to your questions.

How long do we keep your information?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than 1 year past the termination of your account.

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

How do we keep your information safe?

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

Do we collect information from minors?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, 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 Site and App. 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 have collected from children under age 18, please contact us at privacy@alfredknows.com.

What are your privacy rights?

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

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

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Do we make updates to this policy?

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

How can you contact us about the policy?

If you have questions or comments about this policy, email us at privacy@alfredknows.com or by postal mail to:

Indiemark LLC
901 Greene St.
Suite 19
Augusta GA 30901
USA

Anti-Spam Policy

We have a no-tolerance for unsolicited commercial email communications (“Spam”), which are messages sent to persons with whom you do not have a business relationship or who have not specifically requested opted-in your messages.

We monitor the Site for patterns consistent with non-opted-in email addresses. Your account will be terminated if you use the Site to hygiene non-opted-in email addresses.

To use our Site, you must agree to hygiene only permission-based email addresses. This means all email addresses must have opted-in to receive communications from you.

An opt-in can occur either via a sign-up form on a website, at a point-of-sale sign-up form, on a physical sign-up sheet, or by any mechanism that allows a recipient to knowingly and willingly provide their email address for the purposes of receiving email communication from our users. Purchased lists may not be used with the Site, regardless of the source or permission status.

Please report any suspected violation of this policy to privacy@alfredknows.com.

General Data Protection Regulation (GDPR)

The GDPR, or General Data Protection Regulation, is a European privacy law that went into effect in May 2018. It regulates how personal data of individuals in the EU can be collected, used, and processed. The law impacts European companies and any business that targets European individuals or collects, uses, or processes the personal data of European individuals regardless of where the business is located. Essentially, this means the GDPR will apply to most organizations that process personal data of EU individuals—regardless of where they are established and regardless of where their processing activities take place.

We are proud that Alfred is GDPR compliant and private by design, but what does that mean to you and data the contact you control?

• Our data centers are located in EU territory.
• Uploaded email addresses are hashed (anonymized) in all parts of the system, except the layer from which you download your results.
• You have the ability to delete permanently the data under your control at any time. Otherwise, we will erase it from the system after 14 days.

If you are interested in your privacy, please take a look at our Privacy Policy, and if your customers’ data privacy is your priority, please review our Data Processing Addendum (DPA).

Data Processing Addendum (DPA)

This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between Indiemark LLC d/b/a Alfred (together with its Affiliates, “Alfred”) and the customer entity that is a party to the Agreement (“Customer” or “you”).

All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).

Processing personal data in a secure, fair, and transparent way is extremely important to us at Indiemark LLC d/b/a Alfred (“we,” “us” or “our”).  As part of this effort, we process personal data in accordance with the EU’s General Data Protection Regulation (“GDPR”) governing the handling of various types of personal data, and industry standards.

To better protect individuals’ personal data, we are providing these terms to govern us and your handling of personal data (the “Data Processing Addendum” or “DPA”). This DPA amends and supplements our Terms of Use.

This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between Indiemark LLC d/b/a Alfred (together with its Affiliates, “Alfred”) and the customer entity that is a party to the Agreement (“Customer” or “you”).

1. Definitions

All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

“Agreement” means Alfred’ Terms of Use, or other written or electronic agreement, which govern the provision of the Site to Customer, as such terms or agreement may be updated from time to time.

“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests than outstanding of the entity in question. The term “Controlled” shall be construed accordingly.

“Customer Data” means any personal data that Alfred processes on behalf of Customer via the Site, as more particularly described in this DPA.

“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, EU Data Protection Law and Non-EU Data Protection Laws.

“EU Data Protection Law” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and (iii) in respect of the United Kingdom (“UK”) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union).

“Europe” means, for the purposes of this DPA, the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.

“Non-EU Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); the Brazilian General Data Protection Law (“LGPD”), Federal Law no. 13,709/2018; the Privacy Act 1988 (Cth) of Australia, as amended (“Australian Privacy Law”), and the South African Protection of Personal Information Act 4 of 2013 (“POPIA”).

“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, or alteration of, or unauthorized disclosure of or access to, Customer Data on systems managed or otherwise controlled by Alfred.

“Sensitive Data” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” or “special personal information” under applicable Data Protection Laws.

“Site” refers to the alfredknows.com website, my.alfredknows.com (Customer Portal), api.alfredknows.com (API), docs.alfredknows.com (Documentation) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”).

“Sub-processor” means any processor engaged by Alfred or its Affiliates to assist in fulfilling its obligations with respect to providing the Site pursuant to the Agreement or this DPA. Sub-processors may include third parties or Affiliates of Alfred but shall exclude Alfredemployees, contractors, or consultants.

The terms “personal data”, “controller”, “data subject”, “processor” and “processing” (or equivalent terms used in applicable Data Protection Laws) shall have the meaning given to them under applicable Data Protection Laws or if not defined thereunder, the GDPR, and “process”, “processes” and “processed”, with respect to any Customer data, shall be interpreted accordingly.

2. Roles and Responsibilities

2.1 Parties’ roles. If EU Data Protection Law, POPIA or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that with regard to the processing of Customer Data, Customer is the controller and Alfred is a processor acting on behalf of Customer. 

2.2 Purpose limitation. Alfred shall process Customer Data only in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the Agreement sets out Customer’s complete and final instructions to Alfred in relation to the processing of Customer Data, and processing outside the scope of these instructions (if any) shall require prior written agreement between the parties.

2.3 Prohibited data. Customer will not provide (or cause to be provided) any Sensitive Data to Alfred for processing under the Agreement, and Alfred will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.

2.4 Customer compliance. Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Alfred; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Alfred to process Customer Data for the purposes described in the Agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Without prejudice to the generality of the foregoing, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any Campaigns (as defined in the Agreement) or other content created, sent or managed through the Site, including those relating to obtaining consents (where required) to send emails for direct marketing purposes, the content of the emails and its email deployment practices.

2.5 Lawfulness of Customer’s instructions. Customer will ensure that Alfred’s processing of the Customer Data in accordance with Customer’s instructions will not cause Alfred to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. AlfredK shall promptly notify Customer in writing, unless prohibited from doing so under EU Data Protection Laws, if it becomes aware or believes that any data processing instruction from Customer violates the GDPR or any UK implementation of the GDPR.

3. Sub-processing

3.1 Authorized Sub-processors. Customer agrees that Alfred may engage Sub-processors to process Customer Data on Customer’s behalf. The Sub-processors currently engaged by Alfred and authorized by Customer are available upon request. 

3.2 Sub-processor obligations. Alfred shall: (i) enter into a written agreement with each Sub-processor containing data protection obligations that provide at least the same level of protection for Customer Data as those in this DPA, to the extent applicable to the nature of the service provided by such Sub-processor; and (ii) remain responsible for such Sub-processor’s compliance with the obligations of this DPA and for any acts or omissions of such Sub-processor that cause Alfred to breach any of its obligations under this DPA.

4. Security

4.1 Security Measures. Alfred shall implement and maintain appropriate technical and organizational security measures that are designed to protect Customer Data from Security Incidents and designed to preserve the security and confidentiality of Customer Data.

4.2 Confidentiality of processing. Alfred shall ensure that any person who is authorized by AlfredK to process Customer Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

4.3 Updates to Security Measures. Customer is responsible for reviewing the information made available by Alfred relating to data security and making an independent determination as to whether the Site meets Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Alfred may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Site provided to Customer.

4.4 Security Incident response. Upon becoming aware of a Security Incident, Alfred shall: (i) notify Customer without undue delay, and where feasible, in any event no later than 48 hours from becoming aware of the Security Incident; (ii) provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and (iii) promptly take reasonable steps to contain and investigate any Security Incident. Alfred’s notification of or response to a Security Incident shall not be construed as an acknowledgment by Alfred of any fault or liability with respect to the Security Incident.

4.5 Customer responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Site, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Site, and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Site.

5. Security Reports and Audits

5.1 Audit rights. Alfred shall make available to Customer all information reasonably necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections by Customer in order to assess compliance with this DPA. Customer acknowledges and agrees that it shall exercise its audit rights under this DPA (including this Section 5.1 and where applicable, the SCCs) and any audit rights granted by Data Protection Laws, by instructing Alfred to comply with the audit measures described in Sections 5.2 and 5.3 below.

5.2 Security audits. Customer acknowledges that Alfred is regularly audited by independent third-party auditors and internal auditors respectively. 

5.3 Security due diligence. Alfred shall respond to all reasonable requests for information made by Customer to confirm Alfred’s compliance with this DPA  by making additional information available regarding its information security program upon Customer’s written request to privacy@alfredknows.com, provided that Customer shall not exercise this right more than once per calendar year.

6. International Transfers

6.1 Data center locations. Subject to Section 6.2, Customer acknowledges that Alfred may transfer and process Customer Data to and in the European Union and anywhere else in the world where Alfred, its Affiliates or its Sub-processors maintain data processing operations. Alfred shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.

6.2 Australian data. To the extent that Alfred is a recipient of Customer Data protected by the Australian Privacy Law, the parties acknowledge and agree that Alfred may transfer such Customer Data outside of Australia as permitted by the terms agreed upon by the parties and subject to Alfredcomplying with this DPA and the Australian Privacy Law.

7. Return or Deletion of Data

Deletion or return on termination. Upon termination or expiration of the Agreement, Alfred shall (at Customer’s election) delete or return to Customer all Customer Data (including copies) in its possession or control, except that this requirement shall not apply to the extent Alfred is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Alfred shall securely isolate, protect from any further processing and eventually delete in accordance with AlfredKnows’s deletion policies, except to the extent required by applicable law.

8. Data Subject Rights and Cooperation

8.1 Data subject requests. As part of using the Site, Alfredprovides Customer with a number of self-service features, that Customer may use to process or delete Customer Data, which Customer may use to assist it in connection with its obligations under the Data Protection Laws with respect to responding to requests from data subjects via Customer’s account at no additional cost. In addition, Alfred shall, taking into account the nature of the processing, provide reasonable additional assistance to Customer to the extent possible to enable Customer to comply with its data protection obligations with respect to data subject rights under Data Protection Laws. In the event that any such request is made to Alfred directly, Alfred shall not respond to such communication directly except as appropriate (for example, to direct the data subject to contact Customer) or legally required, without Customer’s prior authorization. If Alfred is required to respond to such a request, Alfred shall promptly notify Customer and provide Customer with a copy of the request unless Alfred is legally prohibited from doing so. For the avoidance of doubt, nothing in the Agreement (including this DPA) shall restrict or prevent Alfred from responding to any data subject or data protection authority requests in relation to personal data for which Alfred is a controller.

8.2 Data protection impact assessment. To the extent required under applicable Data Protection Laws, Alfred shall (taking into account the nature of the processing and the information available to Alfred) provide all reasonably requested information regarding the Site to enable Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Data Protection Laws.

9. Limitation of Liability

9.1 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA shall be subject to the exclusions and limitations of liability set forth in the Agreement.

9.2 Any claims made against Alfred or its Affiliates under or in connection with this DPA shall be brought solely by the Customer entity that is a party to the Agreement.

9.3 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.

10. Relationship with the Agreement

10.1 This DPA shall remain in effect for as long as Alfred carries out Customer Data processing operations on behalf of Customer or until termination of the Agreement (and all Customer Data has been returned or deleted in accordance with Section 7.1 above).

10.2 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Site.

10.3 In the event of any conflict or inconsistency between this DPA and the Alfred Standard Terms of Use, the provisions of the following documents (in order of precedence) shall prevail: (i) this DPA; and then (ii) the Alfred Standard Terms of Use.

10.4 Except for any changes made by this DPA, the Agreement remains unchanged and in full force and effect.

10.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.

10.6 This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Contact us

If you have any further questions or comments about us or our policies, email us at privacy@alfredknows.com or contact us by postal mail at:

Indiemark LLC
3540 Wheeler Rd.
Suite 604
Augusta GA 30909
USA