To make it easier to understand our Privacy Policy we have included brief summaries before each section, which appear in italic text. Please note that these summaries are designed to make this policy more accessible to non-legal readers but are not actually part of this Privacy Policy. For the avoidance of doubt, in the event of any conflict between any italic text and any non-italic text herein, the non-italic text will govern and control.
Summary: This Privacy Policy relates to information we gather from your use of our website, services, and applications, and it is part of our Terms of Service. We have specified throughout this Privacy Policy where certain laws (such as those of the European Economic Area or United Kingdom) apply to specific users. In addition, the terms “using” or “processing” refer to any general interaction with your information. If you have specific concerns, we have included links below to bring you to the relevant sections of this Privacy Policy.
This Privacy Policy applies to information collected online by Cloaked, Inc. (“Cloaked” or "we" or “us” or “our”) through your use of the Site and/or the Service (each as defined below). This Privacy Policy is incorporated into, and part of, and governed by the Cloaked Terms of Service.
As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within Cloaked or among our Related Entities (as defined below) within the United States or internationally.
For purposes of this Privacy Policy, the following definitions shall apply:
• “cloaking” (including grammatically inflected forms thereof) means the practice of creating proxy-based identifiers corresponding to personally identifiable information.
• “cookies” means small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites.
• “Related Entity” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Cloaked, whether by ownership or otherwise. For purposes of this definition, “control” (including grammatically inflected forms thereof) means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.
• “Do Not Track” means a HTTP header offered by certain web browsers to request that websites refrain from tracking the user.
• “GDPR” means the General Data Protection Regulation, (EU) 2016/679.
“European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable.
“hashing” (including any grammatically inflected forms thereof) means the practice of storing passwords in an unreadable and unrecoverable format.
“non-personally identifiable information” means information, any single item of which, by itself, cannot be used to identify or contact you.
“Outside Contractors” means independent contractors, vendors, and suppliers hired to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, and developing applications for the Service.
“Payment Services Provider” means our Outside Contractor that is responsible for billing and payment processing services.
“personally identifiable Information” means information that identifies you or can be used to identify or contact you.
“Site” means the Cloaked website, located at https://cloaked.app/, and any subdomains thereof.
“Service” means the services, features, and information available on the Site and/or any mobile applications we may offer (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof).
“tokenizing” – (including grammatically inflected forms thereof) means the practice of replacing credit card numbers with a randomly-generated numbers to protect the real ones.
“UK Data Protection Laws” means the UK GDPR and the UK DPA 2018.
“UK DPA 2018” means the UK Data Protection Act 2018.
“UK GDPR” means the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019.
To make it easier to understand our Privacy Policy we have included the summary chart below. It provides a brief overview of our practices in regard to information we collect. Please note that this chart is designed to make this policy more accessible to non-legal readers but is not actually part of this Privacy Policy. For the avoidance of doubt, in the event of any conflict between this chart and the text of this Privacy Policy, the text will govern and control.
Account or Contact Information.
Name;
Email;
Username;
Hashed password to the Service;
Encrypted passwords to third-party services;
Address;
Phone number;
Billing and tokenized credit card information; and/or
Any cloaked data elements, as described in the section of this privacy policy titled “What information about me is collected?”
To manage your account, to process your transactions, and to communicate with you.
To provide, maintain, market, and improve our Services.
To personalize your experience with our Services.
Professional advisors, such as lawyers, accountants, auditors, bankers, and insurers;
Outside Contractors; or
Related Entities. We will also share data where required by law or in the event of a sale or investment in our business, each as described in the section of this privacy policy titled “When does Cloaked disclose information to third parties?”
Demographic Information.
Gender (optional); and/or
Date of Birth
To provide, maintain, market, and improve our Services.
To personalize your experience with our Services.
Professional advisors, such as lawyers, accountants, auditors, bankers, and insurers;
Outside Contractors; or
Related Entities. We will also share data where required by law or in the event of a sale or investment in our business, each as described in the section of this privacy policy titled “When does Cloaked disclose information to third parties?”
Device Data and Analytics.
Browser agent information;
Non-identifiable demographic information;
Browsing sessions;
Browser types;
IP address;
Unique device identifiers;
Device types;
Requested URL;
Referring URL;
Browser language;
Pages on our Site you view;
Date and time of your visit;
Domain names; or
Statistical data involving the use of the Service.The above information in this row will be automatically collected by the Outside Contractor we use to provide us with hosting services.
To provide, maintain, market, and improve our Services.
To personalize your experience with our Services.
Professional advisors, such as lawyers, accountants, auditors, bankers, and insurers;
Outside Contractors; or
Related Entities. We will also share data where required by law or in the event of a sale or investment in our business, each as described in the section of this privacy policy titled “When does Cloaked disclose information to third parties?”
What information about me is collected?
Where and when is information collected (including through the use of cookies)?
Does Cloaked collect information from children under 13 years of age?
What does Cloaked do with the information it collects?
When does Cloaked disclose information to third parties?
Does this Privacy Policy apply when I link to other websites or services?
Is the information collected through the Service secure?
Could my information be transferred to other countries?
For how long will my personally identifiable information be kept?
What choices do I have regarding my personally identifiable information?
How will I know if there are any changes to this Privacy Policy?
Who do I contact if I have any privacy questions?
Summary: There are two types of information we collect about you. First, we collect your “personally identifiable information” which is basically just information that can be used to identify you. This includes the categories listed below. While we collect your passwords, we do not have access to the passwords themselves. Passwords to the Cloaked system are hashed. Passwords to third-party services are encrypted. As for credit card information, that data is tokenized. Also, we optionally request a user’s gender to aid with autofill functionality. Second, we also collect “non-personally identifiable information” which is a piece of information that alone cannot be used to identify you. This includes the categories of non-personally identifiable information listed below.
Depending on your use of the Service, we collect two types of information: personally identifiable information and non-personally identifiable information.
Personally identifiable information includes your name, username, hashed password to the Service, encrypted passwords to third-party services, address, e-mail address, date of birth, and telephone number, gender (which is optional), and billing and tokenized credit card information. Additionally, the Payment Services Provider may collect your billing and credit card information from you directly. Depending on your use of the Service, the Service may generate cloaked identifiers. We will have access to those cloaked data elements as well. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the European Data Protection Laws (to the extent applicable). All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the European Data Protection Laws (to the extent applicable).
Non-personally identifiable information that we collect includes non-identifiable demographic information, browser agent information, browsing sessions, browser types, IP address, unique device identifiers, device types, requested URL, referring URL, browser language, the pages on our Site you view, the date and time of your visit, domain names, and statistical data involving the use of the Service. Such information will be automatically collected by the Outside Contractor we use to provide us with hosting services. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone.
Summary: We gather information that you give us directly or information given to us by third parties as part of payment authorization and fraud screening. To use our services you may need to create an account which will require you to provide a username, password, and payment information. We only use cookies to provide functionality for our Service. Last, we collect information through Log Files, which provide general data about how our Service is being used. We use this to data to both provide and improve our Service, and may combine it with personally identifiable information to provide a personalized user experience.
We will collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service.
You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as username, hashed password to the Service, and tokenized credit card and billing information directly to the Payment Services Provider. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by communicating with us including by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service.
We collect information passively using “cookies”.
Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, and to determine the popularity of certain content.
We place cookies on your computer or mobile device in order to facilitate the functionality of the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. If you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience or functionality.
Finally, you should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.
We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. We use this information to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
Summary: Our Service is not meant to be used by children and we do not knowingly collect any information from children under the age of 13.
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.
Summary: Under European Economic Area and United Kingdom regulations (where they apply), we will generally process your data when: we have your explicit consent; as required by contract; to comply with applicable laws; or for our legitimate interests (such as processing as part of our relationship with you).In general, we will use your information to provide our services to you, process transactions, and communicate with you. You will have the choice to opt in or out of receiving our marketing communications. Your information will also be analyzed to help us improve our Site and Service.
We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the European Data Protection Laws, legal bases for our processing of your personally identifiable information are:
(a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
(b) where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);
(c) where it is necessary for us to comply with a legal obligation to which we are subject; and/or
(d) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing or marketing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.
We use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, to manage your account, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, and, if you “opt in”, so that we and third parties acting on our behalf can contact you about products and services that may be of interest to you.
We will use your information to send you a welcome e-mail that confirms your username and password. If you opt in, we and third parties acting on our behalf will subsequently send you electronic newsletters, contact you about the Service, products, services, information, and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by email to: privacy@cloaked.id.
If you identify yourself to us by sending us an e-mail with questions or comments, we will use your information (including personally identifiable information) to respond to your questions or comments, and we will file your questions or comments (with your information) for future reference.
We also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.
We also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
Summary: We may need to disclose your information to third parties under certain circumstances. For example, we may disclose your information to a third party if it is required for us to comply with a relevant law. In addition, your information may be disclosed to in situations where someone is violating a contract, to deal with legal issues, or to address safety concerns. Your information can also be disclosed to three general groups. First, professional advisors (lawyers, bankers, accountants, etc.) may have access to your information while working for us. Second, Outside Contractors we hire to help maintain and provide our Site and Service may also have access to your information. When we engage with Outside Contractors we do our best to ensure that they are capable of securely handling your information. Third, our Related Entities (under common ownership with us) may have access to your information. In addition, in the event of an investment in Cloaked or a sale of our business, we may share your information with the investor or purchaser.
We generally disclose information we gather from you through the Service to the following types of third parties and as otherwise set forth in this Privacy Policy or our Terms of Service or as specifically authorized by you.
We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Cloaked Terms of Service or another contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.
We may provide your information to our professional advisors, such as lawyers, accountants, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
We employ "Outside Contractors to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We use reasonable efforts to ensure that these Outside Contractors (a) limit their use of your information only to the extent necessary to provide their services, and (b) are capable of protecting the security of your personally identifiable information.
We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of Cloaked or any of its Related Entities, or that portion of Cloaked or any of its Related Entities to which the Service relates, or in connection with a strategic investment by a third party in Cloaked, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.
We may disclose information (including personally identifiable information) about you to our Related Entities.
Summary: This Privacy Policy is limited to the Service provided by Cloaked and does not apply to any third-party websites or services (even if the Service includes links to those websites or services).
Our Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.
Summary: Your information is stored using commercially reasonable security techniques. Of course, there is always risk and we cannot guarantee the safety of your information.
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
Summary: Your information may be transferred to the United States. If you are located in the European Economic Area or the United Kingdom, although the United States has less stringent privacy laws than your home country, where required, we ensure the same degree of protection that is required under European Economic Area and United Kingdom regulations.
Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to the Cloaked to: (a) process and disclose such information in accordance with this Privacy Policy; (b) transfer such information to the United States, which does not ensure adequate protection for personally identifiable information and which does not have laws of general applicability regulating the use and transfer of such information; and (c) disclose such information to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. To the extent required by applicable law: whenever we transfer your personal data (as defined in the European Data Protection Laws) to third parties (as described in this Privacy Policy) located in the United States, we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office, as applicable, which give personal data the same protection it has in the European Economic Area or the United Kingdom, as applicable, under the European Data Protection Laws; and if we rely on another basis to transfer your personal data to the United States, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data to the United States. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.
Summary: Subject to this Privacy Policy, your information will only be kept for as long as you use our services.
We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.
To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Summary: We will use your information in line with this Privacy Policy and our Terms of Service. For any other uses, we will need your permission. You can opt out of marketing communications by contacting us. As outlined below, users in the European Economic Area and the United Kingdom may have additional rights which can be exercised by contacting us.
We generally use personally identifiable information as described in this Privacy Policy or our Terms of Service or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must "opt in" and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and "opt out" of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting privacy@cloaked.id.
Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:
Request access to your personally identifiable information (commonly known as ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;
Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;
Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;
Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personally identifiable information to another party; and
Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.
If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact privacy@cloaked.id.
Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.
Summary: We may make changes to this Privacy Policy. For any major changes to how your information that we have previously collected is used or disclosed, users will have the choice to opt in. Otherwise, for minor changes, no action is required on your part. All users are welcome to check back here for any changes. Please reach out immediately if you have a problem with any minor changes.
We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.
If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us in any of the following ways:
By e-mail:
privacy@cloaked.id
By postal mail or courier:
Attn: Privacy
Cloaked, Inc.
1075 Westford Street
Suite 305
Lowell, MA 01851
