Privacy Policy

1.  Introduction

Thank you for visiting Populr, an online content publishing service.  This Privacy Policy, like our Terms of Service, is an integral part of using our Service, and you must completely agree to it in order to use our website and service.

2.  Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them.  The following is a non-exhaustive list of definitions of words and phrases found in this document:

"Kindful" refers to our company, known as "Trail Software, Inc."; our Site, located at; our Service; or a combination of all or some of the preceding, depending on the context in which the word is used;

"Privacy Policy" refers to this Privacy Policy;

"Service" refers to the services that we provide through our Site, including but not limited to our publishing and hosting services, as well as any other service or services which Kindful may provide;

"Site" refers to our website, and, without limiting the generality of the foregoing, includes the third party Users' subdomains which may be hosted by us to the extent that Kindful may place certain terms of this Agreement upon the use of those subdomains and their content;

"User" refers to users of our Service, whether paid or unpaid, and general visitors to our Site;

"You" refers to you, the person who is subject to this Privacy Policy.

3.  Information Collected

Identifying Information

We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, credit card information, and other information that we may deem relevant.  The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

Non-Identifying Information

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider.  Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

4.  Use of Your Information

We may use your information to:

  • Enhance or improve User experience, our Site, or our Service.
  • Process transactions.
  • Send e-mails about our Site or respond to inquiries.
  • Send e-mails and updates about Populr, including news and notifications about amended legal documents such as this Privacy Policy and our Terms of Service.
  • Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

5.  Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account.  Although most changes may occur immediately, information may still be stored in a web browser's cache.  We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.  In addition, we may, from time to time, retain residual information about you in our backup and/or database.

6.  Cookies

We use cookies to remember your preferences.  For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

7. Third Party Websites

Populr or its Users may post links to third party websites on our Site.  These third party websites are not screened for privacy or security issues by Kindful, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site.  Kindful bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

8.  Third Party Access to Your Information

Although you are entering into an Agreement with Kindful to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information.  For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to collect, share, store, use, and disclose your information in conjunction with the following third party services:

  • Amazon Web Services, to provide cloud computing services.
  • Microsoft Azure, to provide cloud computing services.
  • Intercom, to provide user help and support.
  • Google Analytics, for web analytics purposes.
  • Mailchimp, to facilitate e-mail campaigns.
  • Mixpanel, to track User interaction and send contextual e-mails to Users.
  • MongoLab, as a hosted database solution.
  • RedisToGo, as a hosted database solution.
  • Sendgrid, to store e-mail addresses.
  • Cloudmailin, to receive e-mails for sending files as attachments.
  • Stripe, to act as our third party payment processor.

9.  Release of Your Information for Legal Purposes

At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant.  You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter.  In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10.  Commercial and Non-Commercial Communications

By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Kindful since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy.  However, you may unsubscribe from certain communications by notifying Kindful that you no longer wish to receive solicitations or information and we will endeavor to mark you as having "opted out" in the database.

11.  Security Measures

We take certain measures to enhance the security of our Site and Service, including using SSL Certificates.   However, we make no representations as to the security or privacy of your information.  It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

12.  Your California Privacy Rights

Kindful permits residents of California to use its services.  Therefore, it is the intent of Kindful to comply with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at with any questions.

13.  International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Populr transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

14.  European Union Notification

Populr's cloud computing provider, Amazon Web Services, has self-certified itself as being in compliance with the U.S.–European Union Safe Harbor Framework.  Data provided to our servers will be stored in compliance with that framework

Note that this notification does not represent any concession on the part of Kindful that we are subject to the law of any European member state and is provided as a courtesy only.

For more information on the U.S.–European Union Safe Harbor Framework, please visit

15.  Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Agreement, we will e-mail you if you are on our mailing list; if you are not on our mailing list, you must check this page each time you access our Site or Service and agree to the changes.  If you do not agree, you must immediately stop using our Site and Service and use your account settings to delete your account.

Last Modified:  November 1, 2015