1. Our Services
Digital Mermaid Marketing offers a suite of social media management tools called “Social Mermaid” and a Marketing Dashboard called “Mermaid Dashboard” Both services are available in Team, Professional, and Enterprise, and other plans that are accessible via our websites and mobile applications. These tools allow you to bring together all of your social media accounts for easy access and management through a single online portal. Through this portal, you can manage your social media, marketing, and advertising campaigns; engage with your audiences; schedule and publish messages; and analyze the results of these activities. Collectively, we refer to these tools as our “Services”.
Any collection, use, and management of personal information by the social networks, including Facebook, Instagram, Twitter, and LinkedIn (collectively, the “Social Networks”) are governed by their respective privacy policies and terms. When using Social Networks, you are required to comply with their privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Digital Mermaid is not responsible for the Social Networks.
Our Services also enable you to customize and connect your account to third-party services (“Third-Party Services”), including through apps you can access or which may be available to you via our portal/dashboard. The collection of your information by these third parties is governed by the Third-Party Services’ privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Digital Mermaid Marketing is not responsible for Third-Party Services. An example of the third party app is Dropbox.
Our Services are not intended for use by children and should only be accessed by individuals who are at least 18 years old and are using the Services for business purposes. Business purposes are those that include online content creations, curations of media and digital marketing. Personal branding is also considered a business purpose.
2. What information do we collect?
We collect information about you as reasonably necessary for the following activities:
Using our Services
We collect the following information when you use our Services:
• Your contact and profile information including your name, email address, organization name, and address; your preferences such as language, time zone, and the types of communication you would like to receive from us; and image (if you choose to provide this). We may also obtain this information if you choose to use a social login service, such as Facebook Login, to create or access your account.
• Billing and other payment information (if you sign up for a paid service or purchase a Third-Party Service), including payment method details, such as credit card number.
• The Services you have acquired from us, including the type of plan, number of team members, and transaction information related to the Services.
• Your social profile information for Social Networks you choose to connect to the Services. For example, your Facebook profile information may include your Facebook username and profile image.
• A specific location such as an address, a city, or a place (for example, a restaurant) if you choose to share this information.
• Your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services; and information that is collected from the Social Networks that you choose to connect to and which is displayed on our Services.
• Content that you may send and receive through Social Networks may contain personal information that Digital Mermaid does not directly collect or process. This may include information such as: names, photos, age, gender, geographic location, opinions, preferences, and phone numbers.
Logs, usage, and support data:
• Log data, which may include your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information, the date and time when you used the Services, information about your browser configuration, language preferences, unique identifiers, and cookies.
• Usage data and analytics, which may include the frequency of login, and the different types of activity undertaken by users.
• General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
• Customer support questions, issues, and general feedback that you choose to provide.
Surveys, events, and marketing information
If you choose to participate in our surveys, contests, events (such as webinars and in-person events), or those in which we are affiliated, or request information from us about our Services, we may collect information about you related to the survey, contest, or event; your contact information, such as your name, email address, telephone number, organization name and address; and general information about your organization that you choose to provide, such as annual company revenue, number of employees, and industry.
In addition, we may collect information on email open and click rates, including whether individuals clicked on links, and which web pages are visited after opening the email.
Digital Mermaid Training
If you choose to enroll in training offered via our support team, we collect the same information that is required to sign up for the Services (see “Account information” above), as you will need a Social Mermaid account to access software support. Where you undertake training courses with fees or apply for any of our certifications, we also collect billing and payment information.
Applying for employment
Our website collects information you choose to provide to us when applying for employment, which may include contact information, education and employment history, credentials, and LinkedIn profile information.
Browsing our websites
When you browse our websites, we collect information about you as described below, some of which is collected automatically:
• When you use automated chat functionality (chatbots) to make an inquiry or other request, we may collect information about you such as your name and email address, your specific request, and information related to your use of our Services.
• Aggregated website usage data including form analysis data (such as time taken to complete the form), engagement rate, session replay, and mouse movements. If you wish to opt out of this collection. If you want to cancel this please note this requires the use of an opt-out cookie, so if you reset your cookies, you will need to opt out again.
3. How do we use your information?
We use your information for the purposes described below:
Providing and securing our Services
• We need to identify and authenticate our users to ensure, for example, that only those authorized users are able to use the Services for their organization, and to make changes to their accounts.
• We use information that you provide when signing up to set up your account, process payments, contact you regarding the Services, and manage your account.
• We use your contact information and information related to your request to respond to your inquiries, manage our contract with you, respond to your questions and requests, and send you updates and information about the Services.
• We use logging and other data such as general location information—for example, the IP address of your browser or device, to help us manage the performance, security and compliance of the Services.
• Where you have chosen to share your specific location information, we use this information to provide location based features, such as enabling you to share your location on your posts for Social Networks that support this functionality, and to use any functionality that relies on location information.
• We analyze usage information, your feedback, support queries, and survey responses to help us understand and make improvements to our Services.
Communicating with you
We use your contact information where appropriate to send you information about our Services, events, marketing communications (consistent with your preferences— and job opportunities. We also use email statistics, such as open rates, to assess the effectiveness of, and to make improvements to our communications.
Improving our websites and applications
We use information about you to help us understand usage patterns and other activities on our websites and applications so that we can diagnose problems and make improvements, including enhancing usability and security.
4. What are your rights regarding the information about you?
When using our Services, you may access, update, or correct most of your Account information by logging in to your account to edit your profile or organization record.
If you have requests that cannot be carried out by logging in to your account, such as accessing additional information or deleting information about you, please email our support team. Please note that we may need to retain certain information about you for as long as you maintain an account for our Services, to provide you with our Services, for record keeping purposes, for payment processing, to comply with our legal and regulatory obligations, to resolve disputes, or to enforce the terms of service or other agreement in place between you (or your organization) and Digital Mermaid Marketing (the “Terms of Service”).
Requests to access, correct, or delete your information will be handled within thirty (30) days unless they are unusually extensive or complex, in which case we will advise you of the expected timeline for handling your request.
You can contact our Support team for other general requests about your account by your preferred method listed. Either email of telephone or through your application.
Our Services retrieve and display Content from Social Networks. Beyond temporary storage for performance reasons, we do not store Content unless you take specific action in relation to such Content (such as using our Services to prepare draft Content for publication on Social Networks). In some cases, Content may continue to exist on the Social Networks even after you or we delete it from our Services, and you will need to contact the relevant Social Network directly if you want it to delete this Content.
Marketing emails, advertising and website browsing
For marketing communications, you may not opt out of marketing communications sent by Digital Mermaid Marketing if you are a registered user. In agreement with accesses to our services by clicking on the agreement of our terms of service you agree to receive email communications from digital mermaid. You can unsubscribe by clicking the link in the marketing email you receive.
Digital Mermaid Marketing participates in interest-based advertising (where you may have visited our websites or another website which allows us to display advertising relating to our Services). The Network Advertising Initiative has developed a tool that may help you understand which third parties have currently enabled cookies for your browser and how to opt out of those cookies. For more information and to opt out of interest-based advertising, you can visit this page.
You may also opt out of the collection of aggregated usage data as described above in “Browsing our websites” by following the steps outlined here.
5. Who has access to your information?
Digital Mermaid Marketing does not rent or sell your information. We restrict access to your information to authorized employees and we do not share your information with third parties except in the circumstances explained below.
Employees and Authorized Contractors
Our employees and authorized contractors may need to access information about you when they require this to perform their job. For example, a customer support representative would need access to your account to validate your identity and respond to your question or request; our email communications team would need access to your contact information to ensure this information is sent correctly and any unsubscribe requests are properly managed; and our security staff would need to review information to investigate attempted denial of service attacks, fraudulent account activity, or other attempts to compromise the Services.
All our employees and contractors are required to agree to maintain confidentiality and protect the privacy of your information.
Service Providers, Authorized Resellers, and Partners
We will share limited information about you to authorized service providers we use for marketing services, communicating with you, managing our customer database, provision of professional services, and providing and managing the Services (including hosting data centers, securing our Services, and payment processing). The third-party service providers we use to help us deliver the Services are referred to as “sub-processors” and are listed on this section.
This includes: DropBox, Google, Stackposts and Godaddy. Digital Mermaid uses outside contractor programers and marketers from time to time. These are available to all users upon request.
Where you have purchased a service from an authorized reseller or partner, we may provide information about you to (and may receive information about you from) the reseller or partner as necessary to support your use of the service you purchased.
Social Networks and Third-Party Services
Where you are using our Services and have chosen to connect your Social Networks to the Services, or if you authorize a Third-Party Service to access your account, you are agreeing to provide information about you to the Social Networks and the Third-Party Services under their respective terms and privacy policies.
Where your employer or an entity has purchased Services on your behalf, we may disclose information about you such as your name and email address, and some usage information including whether a user has logged in to the Service, frequency of login, time spent using the Services, and enrollment and completion of Social Mermaid training courses to assist your employer or the entity in managing its use and maximizing the value of the Services.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to comply with a law or regulation, or if we are otherwise legally required to do so, such as in response to a court order or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands.
In addition, we may be required to disclose information about you if we believe it is necessary to investigate, prevent, or take action: (a) against illegal activities, fraud, situations involving potential threats to our rights or property (or to the rights or property of those who use our Services), or to protect the personal safety of any person; or (b) regarding situations that involve the security of our Services, abuse of the Services infrastructure, or the Internet in general (such as voluminous spamming, or denial of service attacks).
6. What international data transfers occur at Digital Mermaid?
Under the General Data Protection Regulation (GDPR) and other data protection laws, information about you may only be transferred from your region to other regions if certain requirements are met. For instance, under the GDPR, information about you may be transferred from the European Economic Area (EEA) to outside the EEA if adequate data protections are in place. Our Services are managed by Digital Mermaids headquarters in Philadelphia, P.A. As the European Commission considers the United States to be a country that provides adequate data protection, information about you may be transferred from the EEA to the United States.
Digital Mermaid also uses third-party service providers, such as managed hosting providers, credit card processors, and technology partners to provide the software, networking, infrastructure, and other services required to operate the Services. These third-party providers may process or store personal data on servers outside of the EEA and Switzerland, including in Canada or the US. We rely on adequacy (if sent to Canada), the service provider’s registration in the EU-US Privacy Shield and Swiss-US Privacy Shield (if sent to the US), and/or standard contractual clauses (if sent to the US or onward to other countries) to ensure that information about you is lawfully transferred under EU law.
By its nature, social media data can be shared with people around the globe. The Social Networks and Third-Party Services that you choose to integrate with our Services may collect, store, and process your information from various locations around the world according to their own terms and privacy policies.
7. How do we safeguard your information?
Digital Mermaid Marketing maintains industry-standard security safeguards to protect your information. This includes ensuring our employees receive appropriate security and privacy training and guidance so they are aware of the measures they need to implement to protect their information.
Access controls are in place to limit access to your information to those who need it to perform their jobs. For example, information about you may be provided to our customer support specialists to help you with your requests. Individuals who are permitted to handle your information must adhere to confidentiality obligations.
We encrypt data where appropriate to ensure that your information is kept private. We undertake vendor security and privacy reviews to ensure that vendors follow our stringent requirements to safeguard your information, and we also enter into data protection agreements with our vendors. All payment information is fully encrypted and handled only by PCI certified organizations.
8. How long do we retain your information?
We retain your information only as long as required to provide the Services requested by you, for record-keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the terms for the Services.
After it is no longer necessary for us to retain information about you, we will dispose of it in a secure manner or anonymize the information.
9. Digital Mermaid Marketing roles under the GDPR and UK data protection laws
Depending on the situation and the type of data involved, Digital Mermaid Marketing may act as a data controller or a data processor.
Digital Mermaid Marketing as a data controller
Digital Mermaid Marketing acts as a data controller when we are:
• Collecting information from you to set up and administer your Social Mermaid or Mermaid Dashboard accounts (for example, Account information such as your name and email address);
• Monitoring usage information on our website;
• Managing your contact and other related information to send marketing, Services, and other communications to you;
• Responding to a support or general inquiry; and
• Recruiting individuals for job opportunities.
Legal bases for processing when Digital Mermaid Marketing is a data controller
The legal bases for processing information about you include:
• Your consent (for example, when you have provided your information to sign up for an account or for a webinar; or you have provided your employment history when applying for a job). Where we rely on your consent to process personal data, you have the right to withdraw your consent at any time.
• It is necessary to perform a contract (for example, we may need your information to fulfill our obligations of providing Services to you under the terms relevant to the Services you have acquired).
• Legitimate interest (for example, to provide and maintain the Services to you, to maintain the security of the Services, and to attract new customers to maintain demand for the Services, all of which are described in the section above).
• In some cases, we may have a legal obligation to process your personal data to comply with relevant laws (for example, processing payroll and tax information to comply with relevant employment and tax legislation); or the processing is necessary to protect your vital interests or those of another person (for example, obtaining health-related information during a medical emergency).
Your rights when Digital Mermaid Marketing is a data controller
Where Digital Mermaid Marketing is acting as a data controller, we have outlined certain rights in the section.
• Right to object to processing: you may request that Digital Mermaid stops processing information about you (for example, to stop sending you marketing communications).
• Right to restrict processing: you may request that we restrict processing information about you (for example, where you believe that this information is inaccurate).
• Right to data portability: you may request that we provide you with information Digital Mermaid Marketing has about you in a structured, machine-readable, and commonly used format, and you may request that we transfer this information to another data controller.
If you would like assistance on any of the above requests, please email our support team with details of your request so that we may consider how we can help you.
Digital Mermaid Marketing as a data processor
Where you are using our Services and making decisions about the personal data that is being processed in the Services (including selecting the Social Network accounts you wish to connect to the Services, or uploading and using Content), you are acting as a data controller and our apps are acting as a data processor.
There are certain obligations under the GDPR that you have as a data controller, including being responsible for managing Content on the Services. As a data processor, Digital Mermaid Marketing, will only access and process Content to provide you with the Services in accordance with your instructions (which you provide through the Services), the Terms of Service, the Social Networks’ terms, and applicable laws. As part of delivering the Services, we may process Content to further improve the Services, such as enhancing usability and developing new features.
If you, as a data controller, require Digital Mermaid Marketing to agree to data protection requirements under Article 28, GDPR, or under UK data protection laws, Digital Mermaid makes available a data processing addendum that meets these requirements. Please email our support team to request this document.
If you are using the Services as an authorized user of a Digital Mermaid customer (whether that customer is your employer, another organization, or an individual), that Customer determines its own policies (if any) regarding storage, access, modification, deletion, sharing, and retention of personal information and Content, which may apply to your use of the Services. Please check with that customer about the policies and settings it has in place.
11. How to contact us
If you have any questions, concerns or feedback, please email our support team and support letters can be sent to
Digital Mermaid Marketing LLC.
725 Pemberton Street #6
Philadelphia, PA 19147
If we are unable to resolve your concerns, you also have the right to contact your local data protection authority.
© Social Mermaid Software Company 2022