Privacy Policy

Privacy Policy Table of Contents

• What this Privacy Policy Covers
• Personal Data
• Categories of Personal Data We Collect
• Categories of Sources of Personal Data
• Our Commercial or Business Purposes for Collecting Personal Data
• How We Disclose Your Personal Data
• Tracking Tools and Opt-Out
• Data Security and Retention
• Personal Data of Children
• California Resident Rights
• Colorado Resident Rights
• Connecticut Resident Rights
• Montana Consumer Data Privacy Act
• Oregon Consumer Privacy Act
• Texas Resident Rights
• Utah Resident Rights
• Virginia Resident Rights
• Exercising Your Rights under the State Privacy Laws
• Other State Law Privacy Rights
• European Union and United Kingdom Data Subject Rights
• Changes to this Privacy Policy
• Contact Information

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Category of Personal Data (and Examples)	Business or Commercial Purpose(s) for Collection	Categories of Third Parties With Whom We Disclose this Personal Data
Profile or Contact Data such as first and last name, email, phone number, and unique identifiers.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Parties You Authorize, Access, or Authenticate
Payment Data such as financial and account information, payment card type, last 4 digits of payment card, and billing address, phone number, and email.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers (specifically our payment processing partner, currently Apple iTunes services and Stripe, Inc.)
Device/IP Data such as IP address, device ID, and type of device/ operating system/ browser used to access the Services.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Analytics Partners Parties You Authorize, Access, or Authenticate
Web Analytics such as the date and time of visit and links clicked in emails.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Analytics Partners Parties You Authorize, Access, or Authenticate
Consumer Demographic Data such as age and/or date of birth.	Verifying user age	Service Providers Parties You Authorize, Access, or Authenticate
Geolocation Data such as IP-address-based location information.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Analytics Partners Parties You Authorize, Access, or Authenticate
Sensory Data such as audio recordings of you and/or of your environment.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Parties You Authorize, Access, or Authenticate
Other Identifying Information that You Voluntarily Choose to Provide such as User Submissions (e.g. notes) shared by you, emails, letters, texts, or other communications you send us.	Providing, Customizing and Improving the Services Corresponding with You	Service Providers Parties You Authorize, Access, or Authenticate

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
• When you provide such information directly to us
• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.
• When you make your User Submission (such as shared notes) viewable to us, other users of the Services, or the general public.
• When you use the Services and such information is collected automatically.
• Through Cookies (defined in the Tracking Tools and Opt-Out section below).
• If you download our mobile application or use a browser, we may receive information about your location and mobile device, as applicable.
• When you use the "voice recording” function available in the Services.
• Some of the Services, such as the Notability app and website, provide an audio transcription functionality that allows you to upload the voice recordings created on your devices to our servers for converting such voice recordings into text transcripts.
• In order to provide the audio transcription feature, the audio recordings will be temporarily processed and stored on our servers solely for the purpose of providing the transcription feature. We do not access, listen to, or review the audio recordings beyond the automated transcription process, and we do not use nor disclose the audio recordings with any third parties for any other purposes (such as for training AI/ML models) without your consent, except where as required to fulfill our legal obligations under applicable law, regulation, court order or other legal process. We follow industry practice to delete the audio recordings once the transcription process is complete.
• We store and process the resulting text transcripts only to provide the Services to you, including for your future use and reference, to make such transcripts accessible to you upon your request, or in response to a related customer support request submitted by or for you. Other than as described in the foregoing, we do not access, view, use, or disclose the transcribed texts with any third parties, for any other purposes (such as for training AI/ML models), except where as required to fulfill our legal obligations under applicable law, regulation, court order or other legal process.
• The audio transcription feature is entirely optional. We do not require you to submit any voice recordings, but you can voluntarily opt to use such functionality to create a text transcript of your recording. If you wish to delete any of your text transcripts stored on our server, please refer to the section Exercising Your Rights below and follow the steps there to submit a deletion request.
• When you use the "Notability Learn" function available in the Services.
• Some of the Services, such as the Notability app, provide a study material generation functionality that allows you to upload note content, such as audio transcripts, text, handwriting content, and PDF content on your devices (the “Input Content”) to our Services for using such Input Content to generate study materials, such as summaries and quizzes (the “Generated Content”).
• In order to provide the study material generation feature, the Input Content will be processed through the Services, which may be powered by AI technologies provided by our service providers (the “AI Providers”) and stored on our servers (as well as servers of such AI Providers) solely for the purpose of performing the study material generation and enabling the “Notability Learn” feature. We do not access, read, or review the Input Content beyond the automated study materials generation process, and we do not use nor share the Input Content with any third parties for any other purposes (such as for training AI/ML models), except for sharing to or from AI Providers for their performance of services to us or where as required to fulfill our legal obligations under applicable law, regulation, court order or other legal process. We delete the Input Content once the study material generation process is complete.
• We store and process the resulting Generated Content only to provide the Services to you, including for your future use and reference, to make such materials available to you upon your request, or in response to a related customer support request submitted by or for you. Other than as described in the foregoing, we do not access, view, use, or share the Generated Content with any third parties, for any other purposes (such as for training AI/ML models), except for sharing to or from AI Providers for their performance of services to us or where as required to fulfill our legal obligations under applicable law, regulation, court order or other legal process.
• The study material generation feature is entirely optional. We do not require you to submit any note content, but you can voluntarily opt to use such functionality to create study materials from your notes. If you wish to delete any of your Generated Content stored on our server, please refer to the Section “Exercising Your Rights” below and follow the steps there to submit a deletion request.

Prohibited Data

As described in our Terms of Use, you represent, warrant, and agree that you will not contribute any Input Content or other content that contains Prohibited Data in connection with your use of the Services, except that the foregoing doesn’t prohibit you from storing or processing such data on (and only on) your local device(s). We reserve the right to disable all the features that allow you to submit any data/content to our servers if you violate the foregoing, and repetitive violations of the foregoing is ground for termination of your right to use or access the Services.

"Prohibited Data" means:
1. protected health information or personal health data (e.g. medical records or an individual's health care claim information);
2. non-public, government-issued ID numbers (e.g. driver's license numbers, Social Security Numbers);
3. personal financial data or financial account numbers (e.g. account numbers for a personal debit card or credit card);
4. any personal information of children under 13 or the applicable age of digital consent; or
5. any other data that (i) is classified as "sensitive," "special category" or a similar categorization under applicable data protection laws (e.g. the General Data Protection Regulation, the Health Insurance Portability and Accountability Act, Gramm-Leach-Bliley Act, or the Payment Card Industry Data Security Standards); (ii) constitutes criminal convictions data, or criminal offense data; or (iii) for which there is no consent from the applicable data subject for it to be submitted to Ginger Labs or processed through the Services.


• Third Parties
• Vendors
• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Services
• Creating and managing your account or other user profiles.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CCPA”) , the Virginia Consumer Data Protection Act (the “VCDPA”), the Colorado Privacy Act (the “CPA”), the Connecticut Data Privacy Act (the “CTDPA”), Montana Consumer Data Privacy Act (“MCDPA”), Oregon Consumer Privacy Act (“OCPA”), the Texas Data Privacy and Security Act (“TDPSA”), or the Utah Consumer Privacy Act (the “UCPA”) (collectively, the “State Privacy Laws”).
• Corresponding with You
• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Notability or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.
• Meeting Legal Requirements and Enforcing Legal Terms
• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Notability or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

How We Disclose Your Personal Data

We only disclose your Personal Data to the categories of service providers and other parties listed in this section.

• Service Providers. We may share any Personal Data listed in the Categories of Personal Data We Collect with Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Support and customer service vendors.
• AI Providers (as defined above)
• Payment processors.
• Our payment processing partners, currently Apple iTunes Services (“Apple”) and Stripe, Inc. (“Stripe”) may collect your voluntarily-provided payment card information necessary to process your payment.
• Please see Apple’s and Stripe’s terms of service and privacy policy for information on their use and storage of your Personal Data, as applicable.
• Analytics Partners. We may share Online Identifiers, Device/IP Data, Web Analytics Data, and Geolocation Data with Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
• Companies that track how users interact with the Services.
• Parties You Authorize, Access or Authenticate. We may share any Personal Data authorized or directed by you to be shared with these parties. These parties include:
• Third parties you access through the Services. You can choose to send the notes you created in our applications to several third party backup services (such as Dropbox, Google Drive, Box, OneDrive, etc.) available through our Services. You can also choose to sync up the notes you created in our applications across your devices through Apple’s iCloud services.
• Other individuals with whom you, directly or indirectly, shared a link to your shared notes through the Services.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the Our Commercial or Business Purposes for Collecting Personal Data section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it to third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.

Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age.

As described in our Terms of Use, we offer different experiences to users under the Individual mode as compared to users under the MDM Mode, and please refer to the Additional MDM Terms that explain how we deal with the collection and processing of personal information of users under the age of 16 and what features that collect personal information may be disabled for such users under the separate experience of the MDM Mode.

• Individual Mode: With respect to the Individual Mode, the Services are not directed to children under 16. Also, we do not knowingly collect or solicit personally identifiable information from children under sixteen (16). If you are a child under sixteen (16), please do not attempt to register for an account with the Services or otherwise send any personal information about yourself to us. If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us with personal information, please contact us at support@gingerlabs.com.
• MDM Mode: With respect to the MDM Mode, access to certain features of the Services (such as, by way of example and without limitation, the ability to submit or share Public User Submissions, or use voice recording and transcription) may be subject to age restrictions and not available to all users of the Services under the MDM Mode. As further described in the Additional MDM Terms, we do not allow users who indicate they are under the age of 16 to register for an account with the “Notability” App, and we do not collect any personal information as defined by COPPA from the “Notability” App when a user only uses such application without registering an account with the “Notability” App.

California Resident Rights

If you are a California resident, you have the rights set forth in the CCPA. Please see the Exercising Your Rights under the State Privacy Laws section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Personal Data Sales and Sharing Opt-Out and Opt-In

We will not sell or share your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age. For reference, “sharing” is defined by the CCPA as disclosing personal data to a third party for cross-context behavioral advertising.

Limit the Use of Sensitive Personal Information

Consumers have certain rights over the processing of their Sensitive Personal Information. However, we do not collect Sensitive Personal Information.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Colorado Resident Rights

If you are a Colorado resident, you have the rights set forth under the CPA. Please see the Exercising Your Rights under the State Privacy Laws section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Colorado resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access and request a copy of your Personal Data in a machine-readable format, to the extent technically feasible, twice within a calendar year.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Deletion

You have the right to delete Personal Data concerning you.

Personal Data Sales and Targeted Advertising Opt-Out

We do not currently sell or process for the purposes of targeted advertising your Personal Data as defined under the CPA.

Profiling Opt-Out

We do not process your Personal Data for ‘Profiling’ to make ‘Decisions’ under the CPA. ‘Profiling’ means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements. ‘Decision’ means any ‘Decisions that Produce Legal or Similarly Significant Effects Concerning a Consumer,’ as defined in the CPA that concern you.

We Will Not Discriminate Against You for Exercising Your Rights Under the CPA

We will not process your personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers.

Connecticut Resident Rights

If you are a Connecticut resident, you have the rights set forth under the CTDPA. Please see the Exercising Your Rights section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Connecticut resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Portability

You have the right to request a copy of your Personal Data that is processed automatically in a machine-readable format, to the extent technically feasible.

Personal Data Sales and Targeted Advertising Opt-Out

We do not currently sell or process for the purposes of targeted advertising your Personal Data as defined under the CTDPA.

Profiling Opt-Out

We do not process your Personal Data for ‘Profiling’ as defined under the CTDPA. ‘Profiling’ means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

We Will Not Discriminate Against You for Exercising Your Rights Under the CTDPA

We will not discriminate against you for exercising your rights under the CTDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CTDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CTDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Montana Resident Rights

If you are a Montana resident, you have the rights set forth under the MCDPA. Please see the Exercising Your Rights section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Montana resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Personal Data Sales and Targeted Advertising Opt-Out

We do not currently sell or process for the purposes of targeted advertising your Personal Data as defined under the MCDPA.

Profiling Opt-Out

We do not process your Personal Data for ‘Profiling’ to make ‘Decisions’ under the MCDPA. ‘Profiling’ means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic circumstances, health, personal preferences, interests, reliability, behavior, location or movements. ‘Decision’ means any ‘Decisions that produce legal or similarly significant effects concerning a Consumer,’ as defined in the MCDPA that concern you.

We Will Not Discriminate Against You for Exercising Your Rights Under the MCDPA

We will not discriminate against you for exercising your rights under the MCDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the MCDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the MCDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Oregon Resident Rights

If you are an Oregon resident, you have the rights set forth under the OCPA. Please see the Exercising Your Rights under the State Privacy Laws section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are an Oregon resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access and request a copy of your Personal Data, including a list of specific third parties, other than natural persons, to which we has disclosed your Personal Data or any Personal Data, in a machine-readable format, to the extent technically feasible, twice within a calendar year.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Personal Data Sales and Targeted Advertising Opt-Out

We do not currently sell or process for the purposes of targeted advertising your Personal Data as defined under the OCPA.

Profiling Opt-Out

We do not process your Personal Data for ‘Profiling’ to make ‘Decisions’ under the OCPA. ‘Profiling’ means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic circumstances, health, personal preferences, interests, reliability, behavior, location or movements. ‘Decision’ means any ‘Decisions that produce legal or similarly significant effects concerning a Consumer,’ as defined in the OCPA that concern you.

We Will Not Discriminate Against You

We will not process your personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers.

Texas Resident Rights

If you are a Texas resident, you have the rights set forth under the TDPSA. Please see the Exercising Your Rights section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Texas resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Personal Data Sales and Targeted Advertising Opt-Out

We do not currently sell or process for the purposes of targeted advertising your Personal Data as defined under the TDPSA.

Profiling Opt-Out

We do not process your Personal Data for ‘Profiling’ as defined under the TDPSA. ‘Profiling’ means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

We Will Not Discriminate Against You for Exercising Your Rights Under the TDPSA

We will not discriminate against you for exercising your rights under the TDPSA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the TDPSA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the TDPSA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Utah Resident Rights

If you are a Utah resident, you have the rights set forth under the UCPA. Please see the Exercising Your Rights under the State Privacy Laws section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Utah resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data that you have provided to us.

Opt-Out of Certain Processing Activities

• Targeted Advertising: We do not process your Personal Data for targeted advertising purposes.
• Sale of Personal Data: We do not currently sell your Personal Data as defined under the UCPA.
• Processing of Sensitive Personal Data: You have the right to opt-out to the processing of your Sensitive Personal Data. We do not process Sensitive Personal Data.

We Will Not Discriminate Against You for Exercising Your Rights Under the UCPA

We will not discriminate against you for exercising your rights under the UCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the UCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the UCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Virginia Resident Rights

If you are a Virginia resident, you have the rights set forth under the VCDPA. Please see the Exercising Your Rights section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@gingerlabs.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes. We do not process your Personal Data for targeted advertising purposes.
• You have the right to opt-out to the sale of your Personal Data. We do not currently sell your Personal Data as defined under the VDCPA.
• You have the right to opt-out from the processing of your Personal Data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects to you, if applicable. We do not currently process your Personal Data for the purposes of profiling.

To exercise any of your rights for these certain processing activities, please follow the instructions under the Exercising Your Rights under the State Privacy Laws section.

We Will Not Discriminate Against You for Exercising Your Rights Under the VCDPA

We will not discriminate against you for exercising your rights under the VCDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the VCDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the VCDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Exercising Your Rights under the State Privacy Laws

To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado, Connecticut, or Texas resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request at support@gingerlabs.com.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Other State Law Privacy Rights

Rights under California Civil Code Sections 1798.83-1798.84

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@gingerlabs.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. We do not sell your Personal Data. If you have any questions, please contact us at support@gingerlabs.com with the subject line “Nevada Do Not Sell Request”.

European Union and United Kingdom Data Subject Rights

EU and UK Residents

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Notability will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@gingerlabs.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The Categories of Personal Data We Collect section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The Our Commercial or Business Purposes for Collecting Personal Data section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

• Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
• Profile or Contact Data (if you elect to use our services that enable the sharing of the notes you created through our applications)
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
• Profile or Contact Data
• Online Identifiers
• Device/IP Data
• Web Analytics
• Age
• Geolocation Data
• Other Identifying Information that You Voluntarily Choose to Provide
• We may also de-identify or anonymize Personal Data to further our legitimate interests.
Examples of these legitimate interests include (as described in more detail above):
• Providing, customizing, and improving the Services.
• Performing internal analytics of the Services for product use analysis, product performance enhancement, and product development.
• Providing technical support, customer support, troubleshooting, and other services.
• Corresponding with you, and responding to your requests.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions.
• Protecting information, system, network, and cyber security
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Disclosing Personal Data

The How We Disclose Your Personal Data section above details how we disclose your Personal Data with third parties.

EU, UK, and Swiss Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at support@gingerlabs.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain categories of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Notability's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Services are hosted and operated in the United States (“U.S.”) through Notability and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Notability in the U.S. and will be hosted on U.S. servers, and you authorize Notability to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses and/or the Data Privacy Framework(s), as discussed below.

Data Privacy Framework(s)

Notability complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF (“UK-U.S. DPF”), and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce.  Notability has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of all personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF (the “EU-UK DPF Principles”). Notability has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles, the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles shall govern.  To learn more about the EU-U.S. DPF, the UK-U.S. DPF, and the Swiss-US DPF, and to view our certification, please visit  https://www.dataprivacyframework.gov/.

The Federal Trade Commission has jurisdiction over Notability’s compliance with the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF. This Privacy Policy describes the types of Personal Data we collect, the purposes for which we collect and use your Personal Data, and the purposes for which we disclose your Personal Data to certain types of third parties in the sections above. Pursuant to the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain Personal Data relating to them in the U.S. Upon request, we will provide EU, UK, and Swiss individuals with access to the Personal Data that we hold about them. EU, UK, and Swiss individuals may also correct, amend, or delete the Personal Data we hold about them where it is inaccurate, or has been processed in violation of the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. An EU, UK, and Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the U.S. under the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF, should direct their query to support@gingerlabs.com. If requested to remove data, we will respond within a reasonable timeframe. For more information about rights afforded to EU, UK, and Swiss individuals, please see the European Union, United Kingdom, and Swiss Data Subject Rights section of this Privacy Policy.

In addition, under the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF, we will provide EU, UK, and Swiss individuals with the choice to opt-out from the sharing of their Personal Data with any third parties (other than our agents or those that act on our behalf or under our instruction), or before we use it for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized.

In addition to any other disclosures described in our Privacy Policy, in certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Notability’s accountability for Personal Data that it receives in the U.S. under the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF and subsequently transfers to a third party acting as an agent on our behalf is described in the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles. In particular, Notability remains liable under the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles if our agents process Personal Data in a manner inconsistent with the EU-U.S. DPF Principles, the EU-UK DPF Principles, and the Swiss-U.S. DPF Principles, unless Notability proves that we are not responsible for the event giving rise to the damage.

In compliance with the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF, Notability commits to resolve EU-U.S. DPF Principles, EU-UK DPF Principles, and Swiss-U.S. DPF Principles-related complaints about our collection and use of your Personal Data. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the DPF should first contact Notability at support@gingerlabs.com.

In compliance with the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF, Notability commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the EU-UK DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the U.S. If you are an EU, UK, or Swiss individual and you do not receive timely acknowledgment of your EU-U.S. DPF Principles, EU-UK DPF Principles, or Swiss-U.S. DPF Principles-related complaint from us, or if we have not addressed your EU-U.S. DPF Principles, EU-UK DPF Principles, or Swiss-U.S. DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

If your EU-U.S. DPF, EU-UK DPF, or Swiss-U.S. DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Annex 1 of the Data Privacy Framework Principles, located at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to material changes by placing a notice on the Notability website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• https://www.gingerlabs.com/
• support@gingerlabs.com
• 447 Sutter Street, Suite 405, PMB 379, San Francisco, CA 94108