“TmFlare” refers to the online brand protection platform operated by Marquesa Search Systems Ltd, trading as TmFlare. References to “we”, “us”, and “our” in this Privacy Notice refer to Marquesa Search Systems Ltd.

TmFlare operates tmflare.com (the “SERVICE”).

This Privacy Notice describes the information that we collect about you, how it is used and shared, and your rights regarding it.

We want you to know that when you use our SERVICE you can trust us with your information. We are determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice explains the information we collect about you, how it is used and shared, and your rights regarding it.

Data Controller

The data controller responsible for your personal data is Marquesa Search Systems Ltd, trading as TmFlare. You can contact us regarding this Privacy Notice at:

privacy@tmflare.com

Data Collection

All or most of the information that we hold about you is provided to us by you when you use our SERVICE, for example when you create an account, update your profile, communicate with us, or use our platform. We will tell you why we need the information and how we will use it at the point of collection where this is not obvious.

Types of Data We Collect

We collect and process personal data as defined in the General Data Protection Regulation (GDPR). We do not intentionally collect special categories of personal data (such as data about your health, political opinions, or religious beliefs).

This may include:

• Name.
• Email address.
• IP address and other technical identifiers (such as browser type, device information, and log data).
• Account information (such as login details and user settings).
• Payment-related information (for example, billing details), which is processed on our behalf by our payment processor, Stripe.
• Communication data (such as emails and messages you send to us, including support queries).
• Usage data about how you interact with our SERVICE (for example, pages visited, actions taken, and timestamps).

Our Lawful Basis for Processing Your Information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a lawful basis for doing so.

Depending on the circumstances and the nature of our relationship with you, we rely on the following lawful bases:

• Performance of a contract – where processing is necessary to provide our SERVICE to you, including operating your account and delivering the features you use.
• Legitimate interests – where processing is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests. This includes, for example, processing for customer support, improving and securing our SERVICE, preventing fraud and misuse, and certain direct marketing activities.
• Legal obligation – where we need to process your data to comply with laws and regulations (for example, tax, accounting, or record-keeping requirements, or where we are required to respond to lawful requests from public authorities).
• Consent – where we rely on your consent for specific processing (for example, certain types of electronic marketing where consent is required). You have the right to withdraw your consent at any time.

How We Use Your Information

We use your information to:

• Provide you with access to our SERVICE.
• Operate, maintain, and improve our SERVICE and user experience.
• Ensure access to your data is safe and secure.
• Process payments through our payment processor.
• Direct your enquiries to the appropriate customer support staff and respond to your queries and requests.
• Investigate and address your concerns.
• Communicate with you about products, services, promotions, studies, surveys, news and updates relating to our SERVICE, where permitted by law.
• Process promotions or competitions, including prizes, and send you information about our services where you choose to participate.
• Investigate or address legal proceedings relating to your use of our services or products, or as otherwise allowed by applicable law.
• Monitor, prevent, and detect fraud, misuse, and security incidents and to protect the security of our networks and information.

Automated Decision-Making

Where any part of our processing includes automated decision-making, we ensure that the proposed decisions are reviewed by a member of staff before being applied. You will always be able to request an explanation for the decision and to challenge it if you are unhappy with it.

Sharing Your Personal Data

We may share your personal data with:

• Our payment processor, Stripe, for processing card payments on our behalf.
• Our email and communication provider, Mailgun, for sending transactional and service-related emails.
• Our analytics providers, such as Google Analytics, to help us understand how our SERVICE is used and to improve it.
• Our professional advisors, including legal advisors, in the event of a dispute or other legal matter.
• Law enforcement officials, government authorities, or other third parties where we are required to do so in order to meet our legal obligations, to protect our rights, or to protect the rights or safety of others.
• Any other party where we ask you and you consent to the sharing.

Transfers to Third Countries and International Organisations

We rely on third-party services to deliver our SERVICE. This may involve transferring your personal data outside the UK and European Economic Area (EEA), including to countries that may not provide the same level of data protection as your home jurisdiction.

In particular, we may transfer personal data to the following organisations in the United States of America:

• Stripe (USA) – payment processing.
• Mailgun (USA) – email delivery.
• Google Analytics (USA) – analytics and measurement.

Where we transfer your personal data to such organisations, we take appropriate steps to ensure that it is afforded an adequate level of protection, including by relying on safeguards recognised by data protection law (such as standard contractual clauses) where required.

Retention of Your Personal Data

We retain your personal data while you remain a customer of our SERVICE, unless you ask us to delete it and we are able to do so under applicable law. We may also retain certain information for a longer period where it is reasonably necessary:

• To resolve an outstanding issue, such as a claim or dispute.
• To comply with legal, regulatory, tax, accounting, or reporting obligations.
• For our legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

When we no longer need to retain your personal data, we will delete it or anonymise it so that it can no longer be used to identify you.

Your Rights

Under the GDPR and applicable data protection laws, you have certain rights in relation to your personal data. These rights may include:

• The right to be informed about the personal data we hold about you and how we use it.
• The right to request access to a copy of the personal information we hold about you.
• The right to request correction of any inaccurate or incomplete personal data we hold about you.
• The right to request deletion of your personal data in certain circumstances (the “right to be forgotten”).
• The right to request restriction of processing of your personal data in certain circumstances.
• The right to object to processing of your personal data where we are relying on legitimate interests as our lawful basis (including profiling), and the right to object at any time to processing of your personal data for direct marketing.
• The right to data portability, allowing you to obtain and reuse your personal data for your own purposes across different services in certain circumstances.
• Where we rely on consent, the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You also have the right to lodge a complaint with your local supervisory authority if you have concerns about how we handle your personal data.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting us at privacy@tmflare.com.

Marketing Opt-Outs

You may opt out of receiving marketing emails and other marketing messages from us by following the unsubscribe or opt-out instructions in those messages, or by contacting us at privacy@tmflare.com.

Even if you opt out of marketing communications, we may still send you non-marketing messages relating to your account or use of the SERVICE (for example, important service announcements or security notifications).

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. They may be used to recognise your browser or device, remember your preferences, and provide certain features.

We use cookies and similar technologies to:

1. Validate users and keep you signed in.
2. Remember user preferences and settings.
3. Determine the frequency with which our content is accessed.
4. Measure the effectiveness of advertising and marketing campaigns.
5. Analyse site visits, usage patterns, and trends to improve our SERVICE.

You can usually choose whether or not to accept cookies through your browser settings. If you choose to disable cookies, some features of the SERVICE may not function properly.

Changes to This Privacy Notice

We reserve the right to update this Privacy Notice from time to time. Any changes will be posted on this page with an updated “Last Updated” date. We encourage you to review this page periodically to stay informed about how we handle your personal data.