Markate Privacy Policy
Last Updated: March 2025
Markate Holdings, Inc. (“Markate” “us,” “we” or “our”) created this Privacy Statement in order to ensure the confidence of visitors (“you” or “your”) to www.markate.com and the iOS/Android mobile app (collectively, the “Site”) and to demonstrate our commitment to fair information practices and the protection of privacy. This privacy policy has been compiled to better serve those who are concerned with how their personally identifiable information (“Personal Information,” defined in Section 1 below) is being used online. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information through the Site.
This Statement applies to information we collect:
• On the Site; and
• From email, text, and other electronic messages between you and the Site.
The Statement does not apply to information collected by:
• Markate from you offline or through any other means, including on any other website operated by Us; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.
Please read this Statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Site. By accessing or using the Site, you agree to this Privacy Statement. This Statement may change from time to time. Your continued use the Site after we make changes is deemed to be acceptance of those changes, so please check this Statement periodically for updates.
1. Categories of Personal Information That We Collect.
Personal Information is data that can be used to identify or contact a single person. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. In particular, we have collected the following categories of Personal Information from consumers within the last twelve months, and anticipate continuing to collect this type of information as we introduce new features:
| Category | Examples | Collected |
| A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | Yes |
| B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, credit card number, or debit card number. Some Personal Information included in this category may overlap with other categories. | Yes |
| C. Protected classification characteristics under state or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No |
| D. Commercial information. | Details of transactions and interactions with third-party service integrations such as Square, Stripe, and PayPal, specifically related to payments processed through the app. | Yes |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Data collected through new analytics tools or technologies introduced to enhance user experience and platform functionality. | Yes |
| G. Geolocation data. | Physical location data collected to provide real-time updates and tracking of job status for field technicians. This includes location tracking while using the app during work hours, with details about the data storage and processing clearly communicated to users. | Yes |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. Information related to job postings and assignments managed through the app, including job management functionalities for scheduling and status updates. | Yes |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No |
| K. Inferences drawn from other Personal Information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Inferences drawn from usage of job management and CRM features to enhance service offerings and customer relationships. | No |
More specifically, we collect the following types of information from you:
(1) Contact Data which includes your name, telephone number, mailing and email addresses;(2) Your birthday;
(3) Your payment information;
(4) Your transaction history;
(5) Online Tracking information, which is described below;
(6) Demographic and additional information, which you provide to us by email, or by completing online forms, or surveys;
(7) Audio files when voice commands are created; and
(8) Your browsing history when logged into our website.
2. How We Collect Personal Information From You.
We collect Personal Information from you when you register on our Site or enter information on our Site, including subscribing to emails, requesting that we contact you, or joining our platform. You directly provide us with most of the data that we collect from you. We collect data and process that data when you:
(1) Sign up for our emails;(2) Submit any form relating to our platform;
(3) Request business information from Us;
(4) Purchase any service from Us; and
(5) Use or view the Site (see Section 3, below).
3. Other Data We Collect, And How We Collect It.
In addition to Personal Information, we may collect information about your internet connection, the equipment you use to access the Site, and details about your usage of the Site, including your browsing patterns. This information is collected using automatic data collection technologies and may also include:
• Details of your visits to the Site, including traffic data, location data, and other communication data and the resources that you access and use on the Site.• Information about your computer and internet connection, including your IP address, operating system, and browser type.
We will retain and evaluate information on your recent visits to our website and how you move around different sections of our Site for analytics purposes to understand how people use our Site so that we can make it more intuitive. We will also keep a record of the articles on our Site that you have clicked on and use that information to target advertising on this Site to you that is relevant to your interests, which we have identified based on articles you have read.
The technologies we use for this automatic data collection may include:
• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.• Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Site, and our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
4. Use Of Cookies
a. What Types Of Cookies We Use
Cookies are different depending on each site that you access. Generally speaking, a cookie is information that is stored on your computer or mobile device by the Site. If you would like additional insight into how cookies work, please visit https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer, https://support.google.com/google-ads/answer/2407785?hl=en, or https://support.microsoft.com/en-us/help/260971/description-of-cookies.
For the purpose of our Site, we use the following types of cookies:
• Functionality - we use these cookies so that we recognize you on the Site and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
b. How You Can Manage Your Cookies
Depending on which browser you are using will dictate how to manage your cookies. All standard browsers will allow you to elect to not accept cookies. If you make such a setting within your browser, there is a chance that our Site will not work, or will not work as efficiently as it would if you allowed cookies.
5. How We Store Your Data.
We securely store your data at MS Azure Cloud server. We will keep your Personal Information data indefinitely for internal research, auditing purposes, and recovery purposes, unless you ask for data deletion by emailing support@markate.com.
6. How We Use Your Data.
We use Contact Data to contact you when necessary, which may include sending you periodic emails regarding your order or other products or services. We use information obtained from online tracking technologies (including information collected by our third-party service providers) for web and email analytics and for marketing and advertising purposes. We may also use your Personal Information to personalize your user experience and allow us to deliver the type of content and product offerings in which you are most interested. We may also use your information for internal purposes, such as auditing, data analysis, and research to improve our products, services, and customer communications. With your specific consent, we may also use your information for any other identified or stated purpose at the time of that consent.
By using the Site, you consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. These electronic communications are part of your relationship with Us and you receive them as part of your use of the Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Integration with Third-Party Services.
Our platform integrates with various third-party services to enhance functionality and improve user experience. These integrations include, but are not limited to:
1. Payment Processors:• PayPal, Square, Stripe, Authorize.Net, ACH, and Wisetack: We facilitate transactions through these services. While we do not store financial information such as credit card numbers, transaction details may be processed and stored by these third parties to complete purchases.
2. Marketing and Customer Management:
• Google Services and Customer Finder 360: Used for advertising and enhancing customer relationships through targeted marketing and analytics.
• Zapier: Connects our platform with various third-party apps to automate workflows, thereby enhancing efficiency without direct data storage on our part.
3. Communication Tools:
• SMS, Email, and Voicemail Services: These tools are used for sending reminders, invoices, and marketing communications directly through the platform.
• ClickSend: Used for dispatching physical mail such as USPS postcards as part of marketing campaigns. Delivery of mail is not guaranteed, and Markate does not control the tracking of dispatched items.
• Twilio: Used for sending emails and SMS.
• Slybroadcast: Used for voicemail blasts. Users must abide by Slybroadcast’s terms of service; this tool is not intended for use in marketing purposes.
4. Review and Feedback Collection:
• Nicejob.com: Integrated to manage and solicit customer reviews, particularly Google reviews, which are crucial for business reputation management.
5. Job Management and Tracking:
• Company Cam and Field Tech Location Tools: Employed to provide real-time updates and visual documentation of job sites, which involves capturing and storing geolocation data. More information on this can be found in Section 10.
8. Third Party Collection of Personally Identifiable Information.
We approve third parties to collect certain information from the Site for the purpose of integrating those third-party tools with the Site, and for payment processing when you purchase services from Us. Currently, we offer you the ability to integrate PayPal, Venmo, Square, and Authorize.Net into the platform. Your use of these third-party services indicates your consent to the privacy statements and terms of use utilized by those third-party services.
9. Disclosure of Personal Information to Third Parties
From time to time, and at our sole discretion, we may disclose some or all of your Personal Information. Organizations which will receive your contact information for functionality purposes for the service include those listed in Section 7 above.
We may disclose Personal Information that we collect from you or that you provide to Us:
• To our subsidiaries and affiliates.• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of Markate, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Markate about the Site’s users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your Personal Information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.• To enforce or apply our terms of use (markate.com/terms-and-conditions) and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Markate, our customers, or others.
We believe that you always have a choice when it comes to how we disclose your Personal Information. To that end, even if you previously agreed to allow your contact information to be used for marketing, you can always choose to opt out of this marketing at a later date. If you no longer wish for us to share your information with third-party marketing companies and third-party vendors, please contact us at optout@markate.com.
For California Residents only: If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at optout@ markate.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by emailing us at optin@markate.com. You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
10. Use of Geolocation Data
Our platform utilizes geolocation data to enhance service delivery and operational efficiency. This section outlines how we collect, use, and manage location information:
1. Collection of Geolocation Data:• We collect real-time location data from devices used by field technicians and users while engaged in job-related activities through the app.
• Location tracking is activated only during job hours or when explicitly approved by the user to facilitate job management, scheduling, and status updates.
2. Purpose of Collecting Geolocation Data:
• Job Management: To manage and update the status of jobs, including providing real-time updates to clients about the location and estimated time of arrival of field technicians.
• Operational Efficiency: To optimize routing and scheduling of field services, improving response times and reducing operational costs.
• Safety and Security: To ensure the safety of field technicians by monitoring their locations during work hours.
3. User Consent and Control:
• Before collecting any location data, users are asked to provide explicit consent via the app interface. This consent can be withdrawn at any time through the app’s settings.
• Users are informed that withdrawing consent may affect the functionality of the app related to job management and real-time updates.
• While Markate provides the necessary tools for managing privacy settings related to location tracking, the responsibility to activate, deactivate, or adjust these settings lies with the user. Markate does not control these privacy settings, ensuring users maintain autonomy over their personal data.
4. Data Sharing and Disclosure:
• Location data may be shared with clients to provide transparency and updates regarding the services requested.
• We do not sell or share this data with third parties for marketing purposes without explicit user consent.
• Any sharing of geolocation data complies with all applicable laws and regulations, including data privacy laws.
5. Data Security and Retention:
• Geolocation data is stored securely and is accessible only to authorized personnel who need the data to perform their job functions.
• We retain location data only for as long as is necessary to fulfill the purposes outlined here, after which it is securely deleted or anonymized.
11. User Rights and Responsibilities
Our platform ensures that all users, whether they create an account independently or are invited to join by another user, are afforded the same rights and responsibilities. Here’s how we address these uniformly across our user base:
1. Access and Control Over Personal Data:• All users have the right to access their personal data that we collect and store. Upon request, we will provide a copy of this data in a readily accessible format.
• Users can update, correct, or delete their Personal Information at any time via their account settings on the Site.
2. Consent and Withdrawal:
• Consent for collecting and using personal data is obtained at the time of registration. Users can withdraw their consent at any time, which may affect the availability and functionality of certain features that rely on this data.
3. Data Portability:
• Users have the right to data portability, allowing them to request a transfer of their personal data to another entity, in a structured, commonly used, and machine-readable format.
4. Responsibilities:
• Users are responsible for maintaining the confidentiality of their account information, including passwords and access details.
• It is the user's responsibility to inform us immediately of any unauthorized use of their account or breach of security.
5. Notification of Data Breaches:
• We are committed to the security of user data. In the unlikely event of a data breach, we will notify affected users promptly and take appropriate measures to mitigate any potential harm.
6. Compliance with Platform Policies:
• All users must comply with the platform's terms of use and privacy policies, which include respecting the intellectual property rights of the content and not engaging in prohibited activities.
12. Data Privacy Rights - NV, ME, CA, NY Residents Only
a. Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: • The categories of Personal Information we collected about you.• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
• sales, identifying the Personal Information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
b. Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) (for California residents only).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
c. Exercising Access, Data Portability, and Deletion Rights
To exercise your rights to access, data portability, and deletion of your Personal Information from the Site, you must submit a verifiable consumer request to the Operator by emailing us at compliance@markate.com.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
d. Response Timing and Format
We endeavor to respond to a verifiable consumer request within sixty days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Specifically, we will provide your data in a structured, commonly used, and machine-readable format, such as CSV (Comma Separated Values) or JSON (JavaScript Object Notation). These formats are widely supported and enable the easy import and processing of data by various types of software applications.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
e. Shine The Light Law (CA Residents only)
California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to compliance@markate.com.13. Data Security.
Secure Sockets Layer, or SSL, is an encryption technology that provides secure communications over the Internet. It does this by verifying that the server to which you are connected is actually the one it claims to be. It also encrypts all transactions between the parties communicating. Encryption is the scrambling of information as it is transmitted over the Internet to protect your confidentiality. Personal Information passing between your computer and/or mobile device and many of our services is encrypted. This means that while your information is in transit it is scrambled so that only we can reassemble it in its original text format. We use SSL protocol everywhere within the Site and where practicable in our communications with you. Our platform runs in a secure server with all communication over an encrypted data connection similar to that used by banks. We are PCI compliant and we do not store passwords or credit card information.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. You must promptly notify us if your username or password is lost, stolen or used without permission. In such an event, we will cancel that account and assign you a new username and password and update our records accordingly.
Unfortunately, transmission of information through the Internet cannot be completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to Us through the Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
14. Other Limits to Your Privacy.
We may provide you with links to other websites and may approve other websites to obtain online tracking information from the Site. We are not responsible for the privacy practices or the content of such websites. When you utilize the Site, the information that you disclose, including in any audio instructions, may become public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
15. CAN-SPAM Act.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them.
If at any time you would like to unsubscribe from receiving future emails, you can follow the unsubscribe instructions in the email or email us at unsubscribe@markate.com and we will promptly remove you from ALL correspondence.
16. Updates and Changes to Privacy Statement.
We reserve the right to change, update or modify this Privacy Statement. We will post all privacy changes and, if you have an account with us, we will notify you of any material change in our privacy practices. Any such change, update or modification will be effective immediately upon posting on the Site. We will maintain prior versions of our Privacy Statement which will be available for your review.
17. Contact Information
If you have any questions or comments about this notice, the ways in which Markate collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under the law, please do not hesitate to contact us at:
Phone: 480-360-1360Website: www.markate.com
Email: compliance@markate.com
Postal Address:
Markate Holdings, Inc.
Attn: Sath Sivam
Data Protection Officer: Sath Sivam
7730 E Greenway Rd #201
Scottsdale, AZ 85260
This Privacy Statement was last updated: March 2025
