United States Regional Privacy Notice

Version 1.0 z 01.12.2024

This Privacy Notice ("US Notice") supplements Pergato's Privacy Policy.

The US Notice is intended for residents of certain US states. We explain how we collect, use and disclose your personal data. We also describe what rights you have under U.S. privacy laws, including but not limited to California Consumer Privacy Act, California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data Privacy and Online Monitoring, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the "US Privacy Laws"), and how you can exercise them, depending on where you live.

>> What information we collect and share about you and for what purposes

When we provide you with access to our website, the Pergato app, and our services, we handle information about you, including personal data. Below is a summary of the types of personal information we may have gathered over the past 12 months, the business and commercial purposes for which we utilize that information, and the categories of entities to whom we may have disclosed that information. The specific information we collect, use, and share about you will depend on how you interact with our services.

We do not “sell” your personal information as defined by US Privacy Laws.

Categories of Personal Information collected

How we use Personal Information

Recipients of Personal Information

Identifiers, including name, alias, email address, mailing address, phone number, IP address, and your Pergato account log-in information.
Personal information, such as payment details (e.g., payment method, transaction number, payment confirmation, payment date, payment acceptance date). We do not process sensitive credit card data.
Commercial information, such as purchase history.
Photos and videos, which may include facial imagery, if you choose to provide them.
Internet or other electronic network activity information, including:
- Information regarding the device and browser you use, network connection, IP address, and how you navigate through our apps and sites; browsing history, search history, and information regarding your interaction with a website, application, or advertisement.
- Content interaction information, such as content downloads, streams, and playback details.
Inferences, or information derived from other personal information about you, which could include your preferences, interests, and other data used to personalize your experience.
Other information you provide.
Sensitive personal information, which may include Your device’s precise location (if you are a Pergato user, but only when you allow Pergato to access this information);

Provide, improve, and customize Pergato services: To offer personalized services to you, including displaying your purchase history and order status in one place, providing easy payment options when you shop, recommending products, and customizing the products featured for you. We also use this information to enhance our services based on your usage.
Perform product research and development: To develop, test, and improve our services, including troubleshooting our products, creating new or enhanced services, and analyzing your use of and interactions with our services.
Advertise, market, and promote Pergato: To market, advertise, and promote our services both on and off Pergato, including personalized communications or advertisements related to Pergato services on third-party platforms.
Communicate with you about Pergato services: To inform you about product updates, your account, and changes to our policies and terms. We also use your information to respond to your inquiries.
Authentication, integrity, security, and safety: To verify your account, provide a secure payment and shopping experience, detect, investigate, and prevent malicious conduct, fraudulent activity, or unsafe experiences, address security threats, protect public safety, and secure Pergato services for you.
Financial management: To manage sales and subscriptions.

For the categories of sensitive personal information that we collect, we only use or disclose it with your express consent, where required, or as otherwise permitted by law.

Other users and accounts you share and communicate with: This pertains to social media functions available in the Pergato application, with your consent, as described at the time of consent.
Other users and accounts with whom others share or re-share content about you: This also relates to social media functions available in the Pergato application.
Third-party applications, websites, and integrations: These are platforms that interact with or use our products.
Vendors who assist us in providing our services: This includes cloud storage providers, payment processors, fulfillment partners, dropshipping services, marketplace vendors, legal service providers, payment services, IT services, and security vendors.
Marketing, advertising, and analytics partners: We may collaborate with third-party marketing, advertising, and business analytics partners to deliver personalized advertising and to understand how users interact with Pergato services. These partners may receive information about your use of or interactions with Pergato services, including through third-party cookies or other technologies. For example, we may share information with third-party advertising companies to serve you relevant ads or content and to manage, improve, and measure our advertising campaigns. You can opt-out of our sharing of Personal Data for cross-context behavioral advertising or targeted advertising by using the relevant settings described in the section: Your Privacy Rights.
Law enforcement or other third parties: This is in connection with legal requests, to comply with applicable laws, or to prevent harm.

>> Sources of Personal Information

Depending on how you interact with Pergato, we collect and use personal information provided by:

Directly by You: We collect information that you provide when you register for the Pergato app and when you use the app and its features, such as our store, or when you visit the website or interact through the communication channels provided. We may share some of this information with third parties for multi-context behavioral advertising. You can opt-out of such sharing by enabling the Global Privacy Control browser setting. For more details, see the section: How to Exercise Your Rights under the US Privacy Laws.
Your device: We collect information about the devices you use, including computers, smartphones, and other internet-connected devices from which you access our app or services, and combine this information across the different devices you use.
Third parties: We receive information from partners who assist us in providing our services, including Analytics and cookie providers: We gather information through cookies, social plugins (such as the Facebook “Like” button), pixels, and tags for business purposes, such as understanding how users interact with our website or app content. For more details on how we use these technologies, please refer to our Cookie Policy.

>> How long we keep Personal Information

We retain your personal data for as long as necessary for business purposes (e.g., to provide Pergato services, to comply with applicable legal, tax, or accounting requirements, for security, and for fraud detection or prevention), unless a different retention period is permitted or required by applicable law.

The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide you with Pergato services (e.g., for as long as you have an account with us or continue to use our services);
Whether Pergato has a legal obligation to retain data; or
Whether retention is advisable in the context of our legal position (e.g., in connection with dispute resolution, applicable statutes of limitations, or litigation).

After the expiry of the indicated retention periods, we will permanently delete or anonymize your personal data to the extent applicable or permitted by law.

>> Your Privacy Rights

Depending on where you live, how you use Pergato, and subject to certain exceptions, you may have some or all of the following rights:

Right to know: The right to request that we disclose the personal information we collect, use, or disclose about you, as well as information about our data practices.
Right to request rectification: The right to request that we correct inaccurate personal data that we hold about you.
Right to request erasure: The right to request, on legitimate grounds, the deletion of personal information we have collected about you.
Right to opt-out of targeted advertising: The right to opt-out of the processing of your personal data for purposes that may be considered “targeted advertising” (i.e., multi-contextual behavioral advertising or targeted advertising) under applicable U.S. privacy laws.
Right to non-discrimination: The right to not be discriminated against for exercising any of your privacy rights. This means that you will not be denied services, charged different prices, or provided a different level or quality of services because you have exercised your privacy rights.

>> How to Exercise Your Rights under the US Privacy Laws

To exercise your rights, you or a person authorized by you to make a request on your behalf may contact us by email at privacy@pergato.com.

Please note that to protect your data and the integrity of our products and services, we may need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity, such as your email address or a government-issued ID.

In accordance with U.S. privacy laws, you may also designate an authorized agent to make such requests on your behalf. If you use an authorized agent to submit your request, we may need to collect additional information, such as a government-issued ID, to verify your identity before processing your request to protect your information.

If you are using the Pergato app, you can update your account information or request that your account be deleted directly in the app settings.
Opting out of targeted advertising:

For ads displayed through the Pergato app, please visit the “My Account [NZ1]” section to control how your data is combined and used, including in ads.
For advertisements displayed on other apps and websites about Pergato services, please use the buttons and opt-outs provided on those pages.
You can opt out of targeted advertising by using the Global Privacy Control (GPC) mechanism available in some browsers. Enabling GPC means that you automatically opt out of any “sharing” when you use our website. You can learn how to enable GPC in your browser at Global Privacy Control — Take Control Of Your Privacy.

Please note that opting out may be browser-specific or device-specific. Therefore, you may need to enable GPC in every browser on every device you use. Other than GPC, we do not recognize any “do not track” signals [NZ2].

Even if you opt out, you may still receive advertising from us; however, it will not be customized based on the personal information you have opted out of.

>> Use and Disclosure of Sensitive Personal Information

We do not provide a right to limit our use and disclosure of Sensitive Personal Information because we do not use or disclose such information in a manner that would require offering this right. Specifically, we do not use it for inferring characteristics about an individual.

>> How you can reach us

If you have an inquiry or have concerns about how we process your personal data, please contact us at privacy@pergato.com.

If you would like to make a request concerning your personal information, please reach out to us using the methods outlined in the section above.

>> Changes to this Notice

We may periodically update this US Notice to reflect changes in our collection and/or processing of Personal Data. The updated US Notice will be posted on our website, with a “Last Updated” date at the top.