Marker Privacy Policy

Part 1: Categories of Information We Collect or Store

A. Information You Provide to Us. When you (or "the user") register with Marker, post Content, or interact in any other way with Marker or any other Marker user, you provide us with information that may include, but is not limited to, your name, profile photo, email address, marks, cities you've lived in, and other location-related data.

The information you provide is provided voluntarily, and used to maintain your user account and/or facilitate participation in the Service. You are encouraged to avoid submitting any information to the Marker site that you are not comfortable sharing publicly with others.

Users can view and access their information through their personal profile pages. You are responsible for changing your information, keeping it up-to-date to reflect an accurate profile, and limiting the amount of information that is displayed publicly on your profile.

You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Marker, which allows us to obtain information from those accounts (e.g. contact details, friend lists). The information we obtain from those services often depends on your settings or their privacy policies, which we encourage you to review.

B. Other Information We Collect. When you use the Service, Marker automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, browser type, operating information, mobile carrier, device and application IDs, cookie information, as well as the page you requested. We treat this data as non-Personal Information, except where we are required to do otherwise under applicable law. Unless otherwise stated in this Privacy Policy, Marker only uses this data in aggregate form. We may provide aggregate information to our partners about how our users, collectively, use the Service, so that our partners may also understand how often people use their services and our Service.

When we use cookies (small packages of information that are sent to your computer's hard drive when you are accessing a website), we may use "session" cookies (that last until you close your browser) or "persistent" cookies (that last until you or your browser delete them). For example, we may use cookies to store your account settings and preferences so you don't have to set them up every time you visit Marker. Some of the cookies we use are associated with your Marker account (including personal information about you, such as the email address you gave us), and other cookies are not.

If you want to deny access to your computer by the cookies, you may configure your browser to change the cookie setting. However, cookies may be necessary for the operation of certain features of the Marker site, and if cookies are disabled, you may not be able to access those features.

Marker uses information collected about your location to provide useful services for the site, such as to display places your friends have marked nearby and to search for new places to mark. The information is collected for the user's convenience and, other than the location of your published marks, is only shared with others if the user explicitly grants permission to Marker.

C. Fraud. Marker will never request your personal information by email or through a pop-up window. If you ever receive a request purporting to come from Marker for this type of sensitive information, please do not respond and immediately notify Marker.

Part 2: Use and Disclosure of Information We Collect

A. Use and Disclosure of Information. Your non-personally and personally identifiable information will only be used or disclosed:

(1) to create a user account;

(2) to enable you to follow, notify, message, or otherwise communicate with other users;

(3) to update or maintain your profile page;

(4) to update or maintain your user preferences;

(5) to post your User ID to allow other users to connect to you;

(6) to send occasional emails notifying you of changes in the system;

(7) if you opt to receive emails or other contact from third parties and other users while using Marker, we will disclose such information to such third parties;

(8) at our option, to notify you of any changes to this Privacy Policy or other terms and conditions of this website (please note that you are still bound by any changes in terms that are posted to the Marker site regardless of whether we notify you by email);

(9) to protect the rights and safety of Marker, our officers, employees and customers; and

(10) as otherwise required by law.

Marker may also disclose aggregate non-personal information to third parties such as local businesses, advertisers or content distributors to accurately show overall user behavior. This will not include any personally identifiable information, but may consist of data including, but not limited to, user response to advertisements and information about pages frequently visited by Marker users.

We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.

B. Information Shared with Third Parties. Marker will not share your personally identifiable information with third parties unless it is:

(1) necessary to offer or operate the service;

(2) legally required, such as to legal representatives and law enforcement (for example, to protect the rights and safety of Marker, our officers, employees and customers);

(3) posted or permitted by you either expressly or by your continuing agreement to the Terms of Use or changed Terms of Use;

(4) in connection with a complaint or legal action arising from any Content posted by you or someone using your equipment or IP address;

(5) to give information to service providers to help us bring you the services offered by Marker.

In the event of a merger, consolidation, acquisition or other business entity change, Marker may transfer your information to an acquiring company. In such event, any acquirer will be subject to our obligations to you with respect to the use of information.

Marker may provide information to service providers in order to bring services to users and to facilitate and enhance Marker's business. This may include sending out email updates about Marker, removing repetitive information from the Marker user database, or providing search results or links (including sponsored links). In connection with these offerings and business operations, Marker service providers may have access to your information for use for a limited time in connection with these business activities. The purpose and use of the information being shared with third party service providers is contractually limited and no more information is collected or disclosed than is reasonably necessary to satisfy the purpose for which it is collected.

Marker may be required to disclose user information pursuant to lawful requests, such as subpoenas, court orders, investigations by law enforcement, or in compliance with applicable laws. Marker may also share account or other information when it is reasonable to do so to comply with the law, protect our interests or property, prevent fraud or other illegal or unethical activity, or to prevent imminent property or bodily harm. This may include, without limitation, sharing information with other companies, attorneys, investigators, agents or government agencies.

C. Third Party Advertisers. Advertisements that appear on Marker may sometimes direct users to sites of third party advertisers, who may automatically receive your IP address when you click on a third-party advertisement on the Marker site. These third party advertisers may also download cookies to your computer, or use other technologies to measure the effectiveness of their ads and to personalize advertising content. This allows advertisers to compile information about the sites where individuals using your computer or browser saw their advertisements and to determine which advertisements are clicked and when. Marker does not have access to or control over any cookies that may be placed by the third party advertisers. This Privacy Policy only covers the use of cookies by Marker and not the use of cookies or other tracking technologies by any of its advertisers or other third-parties, known or unknown, which may have their own privacy policies and practices.

Marker will not provide your email address to third parties, or advertisers, without your express, affirmative consent except as noted in this Privacy Policy or as required by law or in the event of complaints about your use.

D. Security. Marker will use appropriate technical and organizational measures to protect data against destruction, loss, alteration or unauthorized disclosure or access. However, Marker is not liable for any information that is accessed or disclosed illegally by third parties.

The Services may contain links to other sites. Marker is not responsible for the privacy policies and/or practices on other sites. When linking to another site, you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Services.

Part 3: Notification of Changes

A. Notification of Changes. Any changes in our Privacy Policy will be posted to this website and will become effective as of the date of posting (referenced as the "Effective Date" under Part 4 of this document) with respect to information we may collect as of that date. It is and will be your responsibility to review our Privacy Policy from time to time to make sure you are aware of any changes. Please note that the Privacy Policy is subject to change at any time.

Part 4: Questions

A. Questions. If you have any questions about our Privacy Policy, you may contact Marker by sending an email to:

B. Disputes. Any disputes in which you are involved, or complaints you may have arising out of, or in violation of, this Privacy Policy should first be submitted to Marker at

Any claim, cause of action or dispute ("Claim") you have with Marker arising out of or relating to this Privacy Policy or other Marker policies, practices, actions or omissions will be resolved in a state or federal court located in San Francisco County. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County, California. The Privacy Policy and the relationship between you and Marker shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Any Claim by you arising out of or related to use of the Marker website or the Privacy Policy or other Marker policies or activities must be filed within one (1) year after such claim or cause of action arose or be forever barred.