Privacy Policy

Welcome to the web site (the “Site”) of Shogun Labs, Inc. (“Shogun”, “we”, “us” and/or “our”). This Site is operated by Shogun and has been created to provide information about Shogun and our product and service offerings that post or link to this Privacy Policy now or in the future, including our cloud-based page building software tools and related services (together with the Site, the “Services”). This Privacy Policy sets forth how we collect, use, disclose, and otherwise process Personal Information in connection with our Services.

What Is Personal Information?

When we use the term “Personal Information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.  It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

Our Role in Processing Personal Information

Data protection laws sometimes differentiate between “controllers” and “processors” of personal information. A “controller” determines the purposes and means (the why and how) of processing personal information. A “processor,” which is sometimes referred to as a “service provider,” processes personal information on behalf of a controller subject to the controller’s instructions.

This Privacy Policy describes our privacy practices where we are acting as the controller of personal information. However, this Privacy Policy does not cover or address how our customers may process personal information when they use our services, or how we may process personal information on their behalf in accordance with their instructions where we are acting as their processor. As a result, we recommend referring to the privacy policy of the customer with which you have a relationship for information on how they engage processors, like us, to process personal information on their behalf. In addition, we are generally not permitted to respond to individual requests relating to personal information we process on behalf of our customers, so we recommend directing any requests to the relevant customer.

Information We Collect

When you interact with us through the Services, we may collect Personal Information and other information from you, as further described below. Sometimes we collect Personal Information automatically when an individual interacts with our Services, and sometimes, we collect the Personal Information directly from an individual.  At times, we may collect Personal Information about an individual from other sources and third parties, even before our first direct interaction.

We collect Personal Information about different categories of individuals through the provision of our Services and in our capacity as a controller (for additional context, see Our Role in Processing Personal Information section above).  These include our clients and prospective clients (including representatives of our business clients), partners and prospective partners, and visitors to our websites.

Clients and Prospective Clients

We collect Personal Information from our clients and prospective clients in connection with our Services:

• Information provided by our clients and prospective clients to us directly, such as name, phone number, email address, location (including city, state or region), language information, payment account information, current employment information (such as company name, industry and professional title), profile image and other profile information, and any other information you choose to provide.
• Data collected through the use of the Services, such as how an individual uses the Services and their actions on the Services, which may include information that an individual provides to us when they contact us with inquiries, respond to one of our surveys, register for a webinar, register for access to the Services or use certain Services, including any third-party application profile data.

Job Applicants.

We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

Partners and Prospective Partners

We collect Personal Information from our partners and prospective partners in connection with our Services:

• Information provided by our partners and prospective partners to us directly, such as name, phone number, email address, location (including city, state or region), language information, payment account information, current employment information (such as company name, industry and professional title), profile image and other profile information, and any other information you choose to provide.
• Data collected through the use of the Services, such as how an individual uses the Services and their actions on the Services, which may include information that an individual provides to us when they contact us with inquiries, respond to one of our surveys, register for a webinar, register for access to the Services or use certain Services.

Site Visitors

Site visitors interact with our online Services in ways that lead us to collect Personal Information about them.  The amount and type of Personal Information that we gather depends on the nature of the interaction with our online Services.  We may collect the following Personal Information from our Site visitors:

• Inquiry Information, including the content of a contact form submission or the content of an email through our blog;
• Personal Information Automatically Collected, As is true of most digital platforms, we collect certain Personal Information automatically when Site visitors visit our online Services, including:

• Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
• Analytics Data, including the electronic path taken to our Services, through our Services and when exiting our Services, as well as usage and activity on our Services, such as the links and objects viewed, clicked or otherwise interacted with (also known as “Clickstream Data”).
• Location Data, including general geographic location based on IP address or more precise location when accessing our online Services through a mobile device.

For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the Cookies and Online Ads section of this Privacy Policy below.

Personal Information from Third Parties

We also obtain Personal Information from other sources, which we often combine with Personal Information we collect either automatically or directly from an individual.

We receive the same categories of Personal Information as described above from the following sources and third parties:

• Service Providers:  Our service providers that perform services solely on our behalf, such as payment processors and analytics providers.  For example, we receive Personal Information from our service providers that conduct marketing or analytics activities.
• Business Partners:  Our business partners may collect Personal Information in connection with the Services provided and may share some or all of the information with us.
• Publicly Available Sources:  We collect Personal Information about individuals that we do not otherwise have, including contact information, employment-related information, and interest in Services information, from publicly available sources.  We may combine this information with the information we collect from an individual directly.  We use this information to contact individuals, to send advertising or promotional materials or to personalize our Services and to better understand the demographics of our users.
• Social Networks:  When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Facebook, Twitter, LinkedIn, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties.  The data we receive is dependent upon an individual’s privacy settings with the social network.  Individuals should always review and, if necessary, adjust their privacy settings on third party websites and social media networks and services before linking or connecting them to our Services.
• Other Third Parties:  From time to time, we may receive information about individuals from third parties.  For example, we may obtain information from our marketing partners or from third parties to enhance or supplement our existing information about an individual.  We may also collect information about individuals that is publicly available.  We may combine this information with the information we collect directly from individuals.

Our Use of Personal Information

Shogun uses Personal Information we collect to:

• Fulfill or meet the reason for which the Personal Information was provided.  For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or resolve your problem.
• Communicate with individuals, including via email, text message, push notification, social media and/or telephone calls;
• Provide you with access to the requested product or services and to monitor your use of such product or services;
• Operate, maintain and provide the features and functionality of the Services;
• Help us improve the content and functionality of the Services, to better understand our users and to improve the Services;
• Market to individuals or contact individuals in the future to tell them about services we believe will be of interest to them.  If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications.  In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below;
• Personalize experiences and deliver custom content and product and service offerings relevant to an individual’s interests, including targeted offers and ads through our websites, third-party sites or on other devices an individual may use;
• Recognize an individual and remember their information when they return to our Services;
• Help maintain the safety, security and integrity of our property and Services, technology assets and business;
• Improve, test, enhance, update and monitor the Services or to diagnose or fix technology problems;
• Respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
• Ensure the security of our or another’s premises, property or other assets;
• Defend, protect or enforce our rights or applicable terms of use;
• Prevent fraud or the recurrence of fraud;
• Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Shogun’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Shogun about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
• To manage our relationship with you, such as opening and maintaining your applicant record, communicating with you, conducting identity and background checks, assessing your suitability for a role and improving our application process;
• Comply with or as otherwise permitted by law.

Where an individual chooses to contact us, we may need additional information to fulfill the request or respond to the inquiry.  We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Policy.  In that case, the additional privacy disclosures will govern how we may process the information provided at that time.

Our Disclosure of Personal Information

Shogun is not in the business of “selling” your information as most people think of that term.  We consider this information to be a vital part of our relationship with you.  There are, however, certain circumstances in which we may share your Personal Information, as set forth in the Online Advertising section of this Privacy Policy and below:

Within Shogun: Shogun entities may disclose Personal Information to other Shogun entities for purposes and uses consistent with this Privacy Policy.

Business Partners:  We may share client Personal Information with our business partners, such as our online platform store and commerce solutions partners, as well as third parties with whom we partner to provide contests, joint promotional activities or co-branded services, and such disclosure is necessary to fulfill requests or applications.

Business Transfers:  As we develop our business, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.

Service Providers:  Shogun, like many businesses, sometimes hires other companies to perform certain business-related functions, subject to contractual terms restricting the collection, use and disclosure of Personal Information for any other commercial purpose.  Examples of such functions include mailing information, maintaining databases and processing payments.

Your Employer:  If you are using the Services in connection with your role as an employee or contractor of a company or other legal entity, we may share your information with such entity.

Third Parties at the Direction of the Individual:  We share Personal Information with third parties with an individual’s consent or at the individual’s direction.

Other Third Parties:  We may disclose Personal Information to third parties who use this information to provide information or marketing messages about products or Services of interest, in accordance with their own privacy policies and terms.  We also work with advertising, analytics and social media partners as described in the Cookies and Online Ads section below.

Legal Requirements:  Shogun may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or with applicable law, court order, or governmental regulation, (ii) protect and defend the rights or property of Shogun, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Third Parties in the Context of a Corporate Transaction:  We may disclose Personal Information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Shogun assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Shogun about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

Our Services currently do not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Cookies and Online Ads

Cookies

What We Collect:

We, and our third-party partners, may automatically collect certain types of usage information when an individual visits our websites or interacts with our Services.  We may collect this information through a variety of data collection technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “cookies”).  For example, we may collect information about an individual’s device and its software, such as IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, and other similar information.  We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for our Services and to understand more about the demographics of our users.

How We Use That Information:

We use or may use the data collected through cookies to: (a) remember information so that an individual will not have to re-enter it during their visit or the next time they use our Services; (b) provide and monitor the effectiveness of our Services; (c) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Services; (d) diagnose or fix technology problems; or (e) otherwise to plan for and enhance our Services.  As explained in more detail below, we and our advertising partners also use this information to understand browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and Services that may be of interest to an individual.

Choices About Cookies:

To manage cookies, an individual may change their browser settings to: (i) notify them when they receive a cookie, so the individual can choose whether or not to accept it; (ii) disable existing cookies; or (iii) set their browser to automatically reject cookies.  Please note that doing so may negatively impact an individual’s experience using our websites, as some features and Services on our websites may not work properly.  Depending on an individual’s device and operating system, they may not be able to delete or block all cookies.  In addition, if an individual wants to reject cookies across all their browsers and devices, they will need to do so on each browser on each device they actively use.  An individual may also set their email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether they have accessed our email and performed certain functions with it.

We use the following types of cookies:

• Strictly necessary cookies. These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the websites and online Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our websites and online Services. Please see the Annex below for more information.
• Functionality cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our websites and online Services. Please see the Annex below for more information.
• Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Site and online Services, and to see how visitors move around our Site and online Services when they are using them. This helps us to improve the way our Site and online Services work, for example, by ensuring that users are finding what they are looking for easily. If you are accessing our websites with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent. Please see the Annex below for more information.
• Targeting cookies. These cookies record your visit to our websites and online Services, the pages you have visited and the links you have followed. They are used to track visitors across our websites. We will use this information to make our websites and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose. If you are accessing our websites with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent. Please see the Annex below for more information.
• Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our websites or online Services. These third parties are responsible for setting out their own cookie and privacy policies. Please see the section How We Use That Information above for more information.

Online Advertising

What We Collect and How We Use It:

We participate in interest-based advertising and use third-party advertising companies to serve targeted advertisements based on an individual’s browsing history.  We permit third-party online advertising networks, social media companies and other third-party services, to collect information about an individual’s use of our online Services over time so that they may play or display ads on other websites, or services an individual may use, and on other devices an individual may use.  Typically, though not always, the information used for interest-based advertising is collected through data collection technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “data collection technologies”), which recognize the device an individual is using and collect information, including click stream information, browser type, time and date the individual visited the website, AdID, precise geolocation and other information.  We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify an individual across devices.  We and our third-party partners use this information to make the advertisements an individual sees online more relevant to their interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

Choices About Online Ads:

We support the self-regulatory principles for online behavioral advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”).  This means that we allow an individual to exercise choice regarding the collection of information about their online activities over time and across third-party websites for online interest-based advertising purposes.  More information about these Principles can be found at www.aboutads.info.  If an individual wants to “opt out” of receiving online interest-based advertisements on their internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions.

• In the United States, please visit: www.aboutads.info/choices, or http://www.networkadvertising.org/choices/
• In the European Economic Area, please visit: https://www.youronlinechoices.com/uk/your-ad-choices
• In Canada, please visit: https://youradchoices.ca/

When electing to opt-out through these sites, they will place an “opt-out” cookie on your device indicating that you do not want to receive interest-based advertisements.  Opt-out cookies only work on the internet browser and device they are downloaded onto.  If an individual wants to opt-out of interest-based advertisements across all browsers and devices, they will need to opt-out on each browser on each device they actively use.  If an individual deletes cookies on their device generally, they will need to opt-out again.

If an individual wants to “opt out” of receiving online interest-based advertisements on mobile apps, they should follow the instructions at http://www.aboutads.info/appchoices.

Please note that when an individual “opts-out” of receiving interest-based advertisements, this does not mean they will no longer see advertisements from us or on our Services.  It means that the online ads that an individual does see from DAA program participants should not be based on their interests.  We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.  In addition, third parties may still use cookies to collect information about an individual’s use of our Services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

Third-Party Partners and Social Media

Third-Party Partners:

We use Google Analytics and other analytics tools to recognize an individual and link the devices they use when they visit our websites or Services on their browser or mobile device, log in to their account on our Services, or otherwise engage with us.  We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the Services.  Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to an individual.  For information on how Google Analytics collects and processes data, as well as how individuals can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/.  Individuals can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g., how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting.  These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on past visits to the Service. Individuals may control their advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

Social Media:

Our Services may include social media features, such as the Facebook Like button or other widgets.  These social media companies may recognize an individual and collect information about their visit to our Services, and they may set a cookie or employ other data collection technologies.  An individual’s interactions with those features are governed by the privacy policies of those companies.

We display targeted advertising to individuals through social media platforms, such as Facebook and other social media forums.  These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics.  We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to an individual or to a custom audience on the social media platform.  These advertisements are governed by the privacy policies of those social media companies that provide them.  If an individual does not want to receive targeted ads on their social networks, they may be able to adjust their advertising preferences through their settings on those networks.  An individual may learn more about advertising preferences by clicking on the links provided below.  Please note that these links are provided for convenience only and we do not control the content or features that may be available on these third-party services.

To learn more about advertising preferences on Facebook Companies, please visit:  https://www.facebook.com/help/109378269482053.

Children

Our Site and online Services are not directed to, and Shogun does not intend to or knowingly collect or solicit Personal Information from children under the age of 13.  If you are under the age of 13, please do not submit any Personal Information through or use the Services.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on the Services without their permission.  If you have reason to believe that a child under the age of 13 has provided Personal Information to Shogun through the Services, please contact us, and we will endeavor to delete that information from our databases.

What This Policy Does Not Cover

This Privacy Policy applies only to the Services.  The Services may contain links to other web sites not operated or controlled by Shogun (the “Third Party Sites”).  The policies and procedures we described here do not apply to the Third Party Sites.  The links from the Services do not imply that Shogun endorses or has reviewed the Third Party Sites.  We suggest contacting those sites directly for information on their privacy policies.

This Privacy Policy also does not cover or address: services that we provide solely on behalf of a third party, our offline Services or Personal Information and privacy practices relating to job applicants, our own employees and other personnel.

Domain

Nothing in this policy contradicts the following statement: Shogun's domain getshogun.com does not collect, retain or share any data regarding a particular user or device (including IP addresses and user identifiers) on sites or apps not owned by Shogun.

Security

Shogun takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  However, no Internet or email transmission is ever fully secure or error free.  In particular, email sent to or from the Services may not be secure.  Therefore, you should take special care in deciding what information you send to us via email.  Please keep this in mind when disclosing any Personal Information to Shogun via the Internet.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

• For residents of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits Nevada residents to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident.  To submit such a request, please contact us at privacy@getshogun.com.
• For residents of the State of California in the United States, please click here for additional California-specific privacy disclosures.
• If you are based in the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), please click here for additional European-specific privacy disclosures.

Changes to Shogun’s Privacy Policy

The Services and our business may change from time to time.  As a result, at times it may be necessary for Shogun to make changes to this Privacy Policy.  Shogun reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice.  If we make material changes to this Privacy Policy, we may notify by email, by prominently posting on this Site or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.  Please review this policy periodically, and especially before you provide any Personal Information.  This Privacy Policy was last updated on the date indicated above.  Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Shogun

To keep your Personal Information accurate, current, and complete or to request the deletion of Personal Information that you believe Shogun holds, please contact us at privacy@getshogun.com. We will take reasonable steps to update, correct, or delete Personal Information in our possession that you have previously submitted via the Services.

Please also feel free to contact us at privacy@getshogun.com if you have any questions about Shogun’s Privacy Policy or the information practices of the Services.

Alternatively, inquiries may be addressed to:

Shogun Labs, Inc.

Attn: Privacy Department

340 S Lemon Ave #1085

Walnut, CA 91789

Annex – Cookies