Privacy Policy

This Privacy Notice for Heartland AI Solutions, LLC (doing business as Daymarked) ("we," "us," or "our") describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:

• Visit our website at https://www.daymarked.co or any website of ours that links to this Privacy Notice
• Use Daymarked, a web-based wedding timeline builder for professional wedding photographers that allows photographers to build and share wedding day timelines with their clients, collect structured information from clients, and manage day-of logistics
• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@daymarked.co.

Summary of Key Points

Table of Contents

1. What Information Do We Collect?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information we collect may include:

• Names
• Phone numbers
• Email addresses
• Usernames
• Passwords
• Contact preferences
• Billing addresses
• Information you enter about your clients, their families and wedding party, and the vendors you work with (see section 4)

Sensitive Information. We don't ask for sensitive information, such as information about health, religion, or sexual orientation. Wedding details you or your clients enter can sometimes reveal it, for example a religious ceremony. For client information, the photographer decides what is recorded (see section 4).

Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice at https://stripe.com/privacy.

AI-Processed Data. When you use the questionnaire import feature, the content of the document you upload (which may include your clients' names, contact details, venue information, and other personal information they have provided) is sent to OpenRouter (openrouter.ai), which passes it to an AI model hosted by Microsoft Azure to extract and structure the answers. We allow only model providers that keep no copy of the request (zero data retention). OpenRouter doesn't store the content of requests, apart from a small sample it categorizes anonymously and never links to our account. We don't keep the uploaded document once the import finishes. See OpenRouter's privacy policy at https://openrouter.ai/privacy.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details. If you choose to register in this way, we will collect certain profile information about you from the social media provider, as described in this Privacy Notice.

Messages and Feedback. When you write to us through our contact form or by email, we receive your name, email address, and message; the contact form sends them to us by email and stores nothing. When you send feedback from inside the app, we receive your email address, your message, the app version, and your browser and device type by email so we can follow up.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information, such as your Internet Protocol (IP) address and/or browser and device characteristics, is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, approximate location (country and city), information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:

• Log and Usage Data. Service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services. This may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports, and hardware settings).
• Device Data. Information about your computer, phone, tablet, or other device you use to access the Services, including your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Approximate Location. Our analytics provider works out your approximate location (country and city) from your IP address and is set to discard the address itself. We never ask for your device's precise location.
• Session Recordings. Inside the Daymarked app, with your consent where the law requires it (see section 5), we record how you use the interface, such as clicks, scrolling, and moving between pages, so we can find and fix usability problems. Everything you type, and every name, contact detail, and wedding detail shown on screen, is hidden in your browser before the recording is sent; only the app's own labels, such as menu names, stay visible. Recordings also include your browser's console messages. We never record our customers' clients: not on questionnaires, intake forms, shared timelines, or the client portal. Recordings are processed by PostHog (posthog.com) and deleted after 30 days.
• Error Reports. When something fails, our error-monitoring provider, Sentry (sentry.io), receives technical details of the failure. These can include the information that was being submitted at the time, such as a client's name or address on a form. Error reports are deleted within 90 days.

Google API

Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

2. How Do We Process Your Information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To help you get started. We send new customers a short series of emails about getting started with Daymarked and about their plan. Each one has an unsubscribe link.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
• To process and structure imported questionnaire data using AI. When you import a filled-out questionnaire response, we transmit the document content to a third-party AI service to extract and organize the fields and answers into your timeline workflow.

3. When and With Whom Do We Share Your Personal Information?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information.

The categories of third parties we may share personal information with are as follows:

• Cloud Computing Services
• Data Storage Service Providers
• Payment Processors
• Sales & Marketing Tools
• User Account Registration & Authentication Services
• Website Hosting Service Providers
• Maps & Location Services
• Performance Monitoring Tools
• Data Analytics and Session Replay Services (including PostHog, posthog.com)
• Error Monitoring and Logging Services (including Sentry, sentry.io)
• AI and Machine Learning Services (including OpenRouter and Microsoft Azure)
• Email Delivery and Workflow Services (including Resend and n8n)

Our Sub-processors page lists each service provider that handles personal information for us, what it does, where it stores information, and how international transfers are protected.

We also may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). We use these APIs to retrieve certain information when you make location-specific requests, including venue and location addresses entered by users, and travel time and distance data between locations. Google uses this information as an independent controller under its own terms.
• When we use AI services. When you import a filled-out client questionnaire, we send the document content to OpenRouter (openrouter.ai), which passes it to an AI model hosted by Microsoft Azure, to extract structured data. The content may include personal information your clients have provided. We allow only model providers that keep no copy of the request.
• Other Users. Timelines, comments, and questionnaire answers are shared only with the people you, or your photographer, choose to share them with.

4. Information About Our Customers' Clients

In Short: When a photographer uses Daymarked to plan a wedding, the photographer decides what information about their clients is collected. We handle it on the photographer's behalf.

Our customers are wedding photographers and their studios. They use Daymarked to collect and organize information about their clients (couples), their clients' families and wedding party, and the vendors working the wedding: names, contact details, addresses, and the details of the wedding day.

For this information, the photographer is the controller: they decide what to collect and why, and their own privacy notice applies. Daymarked is the processor: we store and process it only to provide our service to the photographer, under our Data Processing Addendum, and we don't use it for our own marketing.

If you're a client of a photographer who uses Daymarked:

• The pages you use (questionnaires, intake forms, shared timelines, and the client portal) never set analytics cookies and are never recorded. We count visits anonymously, in your browser's memory for a single page load, to understand how these pages are used. Our hosting provider also counts page views without cookies.
• If you receive an email from us on your photographer's behalf, such as a questionnaire link or a sign-in code, it's because your photographer asked us to send it.
• To see, correct, or delete your information, contact your photographer first. You can also email us at privacy@daymarked.co, and we'll pass your request to your photographer and help them respond.

5. Do We Use Cookies and Other Tracking Technologies?

In Short: We use cookies to keep you signed in and, with your consent where the law requires it, to understand how our Services are used.

We use cookies and similar technologies for two purposes: to keep the website and app working (for example, keeping you signed in), and for analytics. We don't use advertising cookies, and we don't let third parties use cookies on our Services to advertise to you.

If you're in the European Economic Area, the United Kingdom, or Switzerland, analytics cookies stay off until you accept them. Everywhere else, they're on until you reject them. You can change your choice at any time with Cookie settings (also at the bottom of every page on our website, labeled Cookies), or with the analytics switch in the app under Settings → Account.

Our Cookie Policy lists every cookie we set.

6. Is Your Information Transferred Internationally?

In Short: Yes. We're based in the United States and store your information there.

Daymarked is operated from the United States, and our database is hosted in the United States (on Amazon Web Services in northern Virginia, through Supabase). If you use our Services from outside the United States, your information is transferred to, stored in, and processed in the United States, and some of our service providers process it in other countries, as listed on our Sub-processors page.

When we transfer personal information from the European Economic Area, the United Kingdom, or Switzerland, we rely on:

• the European Commission's Standard Contractual Clauses, with the UK Addendum and the Swiss amendments where they apply. These are part of our agreements with our service providers and of our Data Processing Addendum with our customers; and
• for service providers certified under the EU-US Data Privacy Framework, its UK Extension, or the Swiss-US Data Privacy Framework, that certification.

You can ask for a copy of the safeguards that apply to your information by emailing privacy@daymarked.co.

7. How Long Do We Keep Your Information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). Apart from the exceptions below, no purpose in this notice requires us to keep your personal information for longer than you have an account with us.

• Account and wedding information: while your account is open. When you delete your account, we delete it from our database immediately. A few related records are removed when you ask us at privacy@daymarked.co: your clients' client-portal sign-ins and your analytics profile. Copies held by our service providers expire on the schedules below.
• Backups: deleted information can remain in database backups for up to 30 days before they're overwritten.
• Payment records: kept by Stripe, and by us for as long as tax and accounting law requires.
• Analytics events: deleted by our analytics provider after one year.
• Session recordings: deleted after 30 days.
• Error reports: deleted within 90 days.
• Messages you send us: for as long as we need them to deal with your request.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. How Do We Keep Your Information Safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

9. Do We Collect Information From Minors?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@daymarked.co.

10. What Are Your Privacy Rights?

In Short: You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

If you're in the EEA, the UK, or Switzerland, section 11 explains your rights under the GDPR and how to use them.

Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "How Can You Contact Us About This Notice?" below. For analytics cookies, use Cookie settings or the analytics switch in the app under Settings → Account.

Please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "How Can You Contact Us About This Notice?" below. You will then be removed from the marketing lists. However, we may still communicate with you, for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.
• Download a copy of your studio's data from Settings → Account → Your data (studio admins).
• Delete your account and all associated company data directly from Settings → Account → Danger Zone. This permanently removes your company, all timelines, and all associated records. Studios with multiple members must contact us to coordinate deletion.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: You can accept or reject analytics cookies at any time with Cookie settings. Rejecting them doesn't limit anything you can do. Our Cookie Policy has the details.

If you have questions or comments about your privacy rights, you may email us at privacy@daymarked.co.

11. If You Are in the EEA, the UK, or Switzerland

In Short: You have rights under the GDPR, the UK GDPR, or the Swiss Federal Act on Data Protection. Here is the legal basis for each thing we do with your information, and how to use your rights.

Who is responsible. For information about you as a Daymarked customer or website visitor, Heartland AI Solutions, LLC is the controller. For information about a photographer's clients, the photographer is the controller (see section 4).

Legal bases.

Where we rely on legitimate interests, we have weighed them against your rights, and you can object at any time.

Your rights. You have the right to:

• access the personal information we hold about you and get a copy of it;
• have inaccurate information corrected;
• have your information deleted;
• restrict how we use your information;
• receive information you gave us in a portable, machine-readable format;
• object to processing based on our legitimate interests, including the measurement without cookies described above; and
• withdraw your consent at any time, without affecting processing that happened before you withdrew it. For analytics cookies, use Cookie settings or the analytics switch in the app under Settings → Account.

To use any of these rights, email privacy@daymarked.co. We'll respond within one month. The law lets us extend that by two further months for complex requests, and if we do, we'll tell you why. We don't charge for requests unless they are clearly unfounded or excessive.

Complaints. You have the right to complain to a data protection authority. In the EEA, that's the authority in your country (see the European Data Protection Board's list of members). In the UK, it's the Information Commissioner's Office. In Switzerland, it's the Federal Data Protection and Information Commissioner. We'd appreciate the chance to address your concern first, so please contact us.

Automated decisions. We don't make decisions about you based solely on automated processing that have legal or similarly significant effects.

12. Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

13. Do United States Residents Have Specific Privacy Rights?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

The table below shows the categories of personal information we have collected in the past twelve (12) months.

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of: receiving help through our customer support channels; participation in customer surveys or contests; and facilitation in the delivery of our Services and to respond to your inquiries.

We will use and retain the collected personal information as needed to provide the Services, or for as long as the user has an account with us (Categories A, B, D, F, G). Session recordings (Category H) are deleted after 30 days.

Sources of Personal Information

Learn more about the sources of personal information we collect in "What Information Do We Collect?"

How We Use and Share Personal Information

Learn more about how we use your personal information in the section "How Do We Process Your Information?"

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information in "When and With Whom Do We Share Your Personal Information?"

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not sold or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We have disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months: Categories A, B, D, F, and G.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California's privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects

Depending upon the state where you live, you may also have the following rights:

• Right to access the categories of personal data being processed (as permitted by applicable law, including the privacy law in Minnesota)
• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in California, Delaware, and Maryland)
• Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in Minnesota and Oregon)
• Right to obtain a list of third parties to which we have sold personal data (as permitted by applicable law, including the privacy law in Connecticut)
• Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including the privacy law in Connecticut and Minnesota)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including the privacy law in California)
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including the privacy law in Florida)

How to Exercise Your Rights

To exercise these rights, you can contact us by visiting daymarked.co/privacy, by emailing us at privacy@daymarked.co, or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request.

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at privacy@daymarked.co. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "How Can You Contact Us About This Notice?"

14. Do We Make Updates to This Notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

15. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may contact us by email at privacy@daymarked.co, by phone at 402-525-7677, or by post at:

16. How Can You Review, Update, or Delete the Data We Collect From You?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also delete your account and all associated data directly from Settings → Account → Danger Zone. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please submit a request using the details below.