NetGalley Shelf Mobile App Privacy Policy

Last modified: October 16, 2024.

This NetGalley Shelf Mobile App Privacy Policy (“Shelf App Privacy Policy”) applies only to the information NetGalley, LLC (“NetGalley”, “we”, “us” or “our”) may collect from you or that you may provide us when you install, access or use the NetGalley Shelf mobile app (“Shelf App”). This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

The Shelf App is a mobile application that allows members of NetGalley.com, NetGalley.co.uk, NetGalley.fr, NetGalley.de, and NetGalley.jp (collectively, the “NetGalley Platform”) to read and listen to the books that they have been granted access to by publishers. This policy is separate from our Privacy Policy for the NetGalley Platform and does not apply to information we collect through any other NetGalley apps or websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download or use the Shelf App. By downloading or using this Shelf App, you agree to this privacy policy. This policy may change from time to time (see the “Changes to Our Privacy Policy” section below). Your continued use of this Shelf App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Information We Collect

We only collect information about you if we have a reason to do so–for example, for the operation of the Shelf App, to communicate with you, or to make our Shelf App and related services better.

We collect information in two ways: (1) if and when you provide information to us, and (2) automatically through operating the Shelf App. Let’s go over the information that we collect.

Information You Provide to Us

It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Information you may provide us:

• Your name and email address.
• Your user ID.
• Any other information that you might provide to us, such as information you provide when filling in a form in the app.

Information We Collect Automatically

We also collect some information automatically:

• Log Information: Like most mobile app providers, we collect information that mobile devices and servers typically make available, such as the Shelf App version, IP address, unique device identifiers, language preference, the date and time of access, operating system, and mobile network information.
• Usage, Analytics and Performance Information: We collect information about your usage of and interactions with the Shelf App. We also collect app performance data and diagnostics and, if the app crashes, we collect crash logs.
• Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people use the Shelf App from certain geographic regions.
• A Note about Spyware: NetGalley does not use any spyware and does not install spyware on your mobile device.

How We Use Information

We use information about you as mentioned above and as follows:

• To provide you with the Shelf App and its contents, and any other information, products, or services that you request from us;
• To further develop our Shelf App–for example by adding new features that we think our members will enjoy;
• To monitor and analyze trends and better understand how members interact with the Shelf App–which helps us improve the Shelf App and make it easier to use;
• To monitor and protect the security of the Shelf App, detect and prevent fraud and other illegal activities, and protect the rights and property of NetGalley and others;
• To provide you notices about the Shelf App, such as when app updates are available, and of changes of any services we offer or provide through it;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
• To notify you about changes to our Terms of Service or this Shelf App Privacy Policy;
• To personalize your experience using the Shelf App, such as storing information about your preferences and to recognize you when you use the app;
• In any other way we may describe when you provide the information; and
• For any other purpose with your consent.

We may also use usage and performance information to help us and the Shelf App provider, MarqueQuébec (https://www.demarque.com/) (the “App Provider”), to address and resolve any app crashes or other technical problems or malfunctions with the Shelf App.

Disclosures of Your Information

How We Share Information

We do not sell any personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy. In all cases below, we only share the minimum information necessary to serve the purpose for the disclosure.

• Employees and Independent Contractors: We may disclose information about you to our employees, and individuals who are our independent contractors that need to know the information in order to help us provide the Shelf App or to process the information on our behalf. We ensure that our employees and independent contractors who process personal information are under confidentiality and security obligations consistent with this Shelf App Privacy Policy.
• Third Party Service Providers: We may share information about you with third party service providers who need to process information about you in order to provide their services to us or to you on our behalf. This group includes service providers that help us provide the Shelf App to you, like the App Provider, and those that help us understand and enhance the app like analytics and diagnostics providers, such as Firebase (https://firebase.google.com/). We require service providers to agree to the security and confidentiality of personal information consistent with this Shelf App Privacy Policy.
• Affiliates: We may share information about you with our affiliated companies, such as our parent companies, subsidiaries and other corporate affiliates, with whom we collaborate to bring you the Shelf App or we use to support our business.
• As Required by Law: We may disclose information about you to respond to or comply with judicial proceedings, court orders, subpoenas, search warrants, or other legal or governmental process or law enforcement measures, to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud or safety of person or property, to comply with our legal obligations and/or to defend against legal actions or claims.
• To Protect Rights and Property: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of NetGalley, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
• Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that NetGalley goes out of business or enters bankruptcy, member information would likely be one of the assets that is transferred or acquired by a third party buyer or other successor.
• For its Purpose: We may disclose your personal information to fulfill the purpose for which you provided it or for any other purpose disclosed by us when you provide the information.
• With Your Consent: We may share and disclose information with your consent or at your direction.
• Aggregated and De-Identified Information: We may share information that has been aggregated or de-identified, so that the information could not reasonably be used to identify you, without restriction. For instance, we may disclose aggregate statistics about the use of our Shelf App.
• Published Support Requests: If you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other members.

Age Restrictions

The Shelf App is not intended for individuals under 18 years of age (“Children” or “Child”). Children may not provide any personal information to us or through the Shelf App. We do not knowingly collect personal information from Children. If you are under age 18, do not use or provide any information through the Shelf App or provide any information about yourself to us, including your name, address, telephone number or email address. If you are under 18 years of age and, for any reason, already have the Shelf App, we ask that you uninstall and remove the Shelf App from your mobile device. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about an individual under 18 years of age, please contact us at info@netgalley.com.

European Users and the General Data Protection Regulation (GDPR)

UK and EEA Individuals’ Rights

If you are a resident of the United Kingdom (“UK”) or European Economic Area (“EEA”), you have certain data protection rights under the General Data Protection Regulation (“GDPR”) or the UK’s implementation of the GDPR, as applicable. Subject to any exemptions provided by law, we aim to take reasonable steps to allow you to correct, amend, or delete your personal data. You can do this by contacting us at info@netgalley.com to be informed what personal data we hold about you, and/or if you would like us to correct, amend, or delete your personal data.

Your rights under the GDPR include the following:

• The right to access, update or delete the information we have about you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal data. Your right to object includes the right to object at any time to the processing of your personal data for direct marketing purpose.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have about you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. Please also note that our fulfillment of certain requests, such as requests to delete your information or restrict the processing of your information, may result in your being unable to use the Shelf App or us being unable to provide you certain products or services.

You have the right to lodge a complaint with a supervisory authority, in particular in the UK or EU Member State of your habitual residence, place of work, or place of the alleged infringement if you think we are processing your personal data not in accordance with the GDPR. For more information, please contact your local data protection authority in the UK or EEA.

Personal Data Processing in the U.S. and Other Countries

NetGalley is located in the United States. Information we collect will be processed in the United States, and by installing and using the Shelf App you acknowledge and consent to the processing of your data in the United States. The United States is not subject to a finding of “adequacy” from the European Commission under Article 41 of the GDPR, and NetGalley has not self-certified its participation in the EU-U.S. Data Privacy Framework. Accordingly, we rely on derogations set forth in Article 44 of the GDPR. We may also disclose your personal data to our affiliates, as explained above in the “Disclosures of Your Information” section. These affiliates are located in E.U. member states or the UK and are subject to the GDPR or the UK GDPR, or are located in Japan, which is subject to a European Commission “adequacy” decision recognizing the personal data protection laws of Japan as adequate to enable data transfers under the GDPR.

Legal Basis

If you are in the UK or EEA, our legal basis for collecting and using the personal information described in this Shelf App Privacy Policy depends on the personal data we collect and the specific context in which we collect it. We process personal data you provide to us in using the Shelf App and information we collect automatically (see above in the "Information We Collect" section for more detail on these categories of information), with your consent and to perform the agreement between us and our client, pursuant to which you have been given access to the content on the Shelf App, as well as our Terms of Service, which is an agreement between you and us. We process your personal data to pursue our legitimate interests as a company, such as to determine the effectiveness of the Shelf App, to operate, update, improve and renew the Shelf App, to protect our or the rights, property or safety of others, and for general research and analysis purposes. When processing personal data for our legitimate interests, we take appropriate measures to ensure that the interests we have are not outweighed by your interests or fundamental rights and freedoms, which we will be happy to explain to you upon request. We may also process your personal data in order to comply with a legal obligation or to protect your vital interests.

Data Controller and NetGalley’s EU Representative

For purposes of the GDPR, NetGalley is the “controller” with respect to your personal data. NetGalley’s contact details are below in the “Contact Us” section. NetGalley’s GDPR Article 27 Representative, colenio GmbH & Co. KG, located in Unkel, Germany, can be contacted as follows:

• colenio GmbH & Co. KG
• Attention: Michael Vogelbacher
• Bahnhofstr. 5
• 53572 Unkel
• Germany
• GDPRCompliance@netgalley.com

Security and Data Retention

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where you have chosen a password for access to the Shelf App or to content provided through the app, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Shelf App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures of the Shelf App.

We will retain your information only for as long as is reasonably necessary for the purposes set out in this Shelf App Privacy Policy.

Other Things You Should Know

Transferring Information to other countries

NetGalley is a worldwide service. By accessing or using the Shelf App or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, which may have rights and protections that are different from those in your home country.

Changes to This Shelf App Privacy Policy

We may update this Shelf App Privacy Policy from time to time. We will notify you of any changes by posting the new Shelf App Privacy Policy in the app. If we make changes to this Shelf App Privacy Policy that materially alter your privacy rights, we will provide additional notice via email and/or a prominent notice in the Shelf App, and update the “last modified” date at the top of this Shelf App Privacy Policy. Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. You are advised to review this Shelf App Privacy Policy periodically for any changes. Changes to this Shelf App Privacy Policy are effective when they are posted in the Shelf App. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Shelf App Privacy Policy to check for any changes.

Contact Us

To ask questions or comment about this Shelf App Privacy Policy and our privacy practices, contact us at:

• NetGalley, LLC
• 44 Merrimac St.
• Newburyport, MA 01950
• USA
• Email: info@netgalley.com