Privacy Policy

Effective Date: Effective as of November 1st, 2024

Introduction

References in this Privacy Statement to “Cinergix”, “Creately”, “we”, “us” or “our” are references to Cinergix Pty Ltd (ACN 130 459 906, ABN 69 130 459 906), a company incorporated in Victoria, Australia with its registered office at Unit 1, 20 Collins Street, Mentone, Victoria, 3194, Australia and trading as “creately.com”. The terms “you” and “your” are references to visitors to the Website and our mobile apps from time to time. Cinergix Pty Ltd operates the https://creately.com website and the Creately mobile application (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

  • Personal Data: Data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • User Content: Content that you create and share while using the Creately service.

  • Usage Data: Data collected automatically either generated by the use of the Service or from the Service infrastructure itself (e.g., the duration of a page visit).

  • Cookies: Small pieces of data stored on a User’s device.

  • Data Controller: A person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

  • Data Processor (or Service Providers): Any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.

  • Data Subject: Any living individual who is the subject of Personal Data.

  • User: The individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

User Content

All data that you actively create while using our service is considered as user content. Your diagrams, comments, messages, and sharing invitations are regarded as user content. We store your content securely and only provide access by your security credentials unless the diagram data has been made public by you or because you are on the Public Tier of Services (as described in the Terms of Service section 2.1.1). In such cases, the diagram can be viewed in the community pages on the Website by all website users whether they are authenticated or not. Users on the Premium Services (as described in the Terms of Service section 2.1.2) can choose to allow the diagram data to be public (as outlined above) or they can choose to make it available via an obfuscated URL (please see details at https://creately.com/plans).

When you are creating a public diagram or sharing a public diagram, the Application will display that the diagram is being made public and is accessible to any user who visits the website.

The application Creately stores information on diagrams saved, descriptions, metadata, and any other associated information required to provide a useful collaborative diagramming application. We record and track clickstream data in aggregate to help us better understand user behavior within Cinergix. This data is analyzed without linking it to our users' personal information.

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies We Use:

  • Session Cookies: Operate our Service.
  • Preference Cookies: Remember your preferences and various settings.
  • Security Cookies: Used for security purposes.

Use of Data

Cinergix Pty. Ltd. uses the collected data for various purposes:

  • To provide and maintain our Service to enable you to create and collaborate on diagrams
  • To convey updates and changes to your content by others who you have shared your content with
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent, and address technical issues
  • To provide you with news, special offers, and general information about other products, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

Cinergix Pty. Ltd. will retain your User Content and Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your User Content and Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Cinergix Pty. Ltd. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, is maintained on computers located in the region you select to store your data in at the point of your sign up. This may be chosen for you by the administrator of your organization if you are part of an organizational plan.

Your data will be processed in the data residency region you or your organization has picked at the time of sign up including but not limited to the United States, European Union, Australia, or any other country Cinergix or its subsidiaries maintain its facilities.

Your data may be transferred to your shared users computers for access if you share the contents with them. They may reside in other jurisdictions that may not be part of your data-residency region.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to these transfers.

Cinergix Pty. Ltd. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

Disclosure of Data

Service Providers

Cinergix Pty. Ltd. may disclose your data to third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators.

Business Transaction

If Cinergix Pty. Ltd. is involved in a merger, acquisition, or asset sale, your Data may be transferred. We will provide notice before your Data is transferred and becomes subject to a different Privacy Policy.

Cinergix Pty. Ltd. may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Cinergix Pty. Ltd.
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us, and we take all reasonable commercial measures to ensure the security of your data. We require authentication and verification of your identity via a username and a password or use established third-party identity services to verify your identity before allowing access to your data. However, please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Rights

Cinergix Pty. Ltd. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Data Deletion Requests

Users may request the deletion of their data at any time by contacting our support team at support@creately.com. We will process these requests in accordance with applicable laws and ensure data is permanently removed.

GDPR & CCPA Compliance

For users in the European Union (EU) and California, United States, we comply with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). You have the following rights under these regulations:

  • Access: You have the right to access and receive a copy of the Personal Data we hold about you.

  • Rectification: You have the right to rectify any Personal Data held about you that is inaccurate.

  • Erasure: You have the right to request the deletion of Personal Data held about you.

  • Data Portability: You have the right to data portability for the information you provide to Cinergix Pty. Ltd. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

  • Objection: You have the right to object to the processing of your Personal Data under certain circumstances.

  • Restriction of Processing: You have the right to request the restriction of processing your Personal Data under certain circumstances.

To exercise these rights, you can:

  • Update Your Data: Whenever possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

  • Request Deletion or Access: If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at support@creately.com.

Please note that we may ask you to verify your identity before acting on such requests.

Service Providers

We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.

  • mParticle: mParticle is provided by mParticle Inc. You can prevent mParticle from using your information for analytics purposes by opting out. To opt-out of mParticle analytic service, please visit this page: https://docs.mparticle.com/developers/sdk/web/opt-out/. For more information on what type of information mParticle collects, please visit the Terms of Use page of mParticle.

Behavioral Remarketing

Cinergix Pty. Ltd. uses remarketing services to advertise on third-party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Service.

  • Google AdWords: Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. This add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.

Payments

We provide paid products and services within the Service. In that case, we use third-party services for payment processing (e.g., payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Other Service Providers

We may use additional service providers to assist in marketing and other promotional efforts on a temporary basis. We may share your information with these parties for the sole purpose of enabling them to provide those services to us. We only employ services where their privacy policies and terms and conditions do not violate our own policies. In instances where we do share your information for these purposes, after the period of service provision, the data will be removed from the external service providers' systems.

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Communication

If you have consented in the registration process, or otherwise, to receive direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us relating to our products and services or the products and services of carefully selected third parties.

From time to time, we may send out email messages alerting you that products are available, to remind you about providing feedback, or for promotional offers. In addition, you will receive communication from us:

  1. If you contact us for a particular reason,
  2. To receive your account details,
  3. We need to contact you for administrative purposes such as winning a contest, or
  4. When we have a substantial change in service or offering.

Administrative emails will not contain promotional materials. Our Newsletters may also contain promotional materials from creately.com and occasionally from carefully selected third parties. If you wish to opt-out of receiving promotional materials from us, please email us at support@creately.com.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at support@creately.com