MarketForce’s Commitment to Privacy

Key Terms

The following key terms shall be used in this Privacy Policy:

• Aggregated Data: Data that is consolidated and presented in a summarized manner, not by individual.
• Anonymous Information: Information that has undergone anonymization such that it can no longer be used to identify an individual and cannot be combined with other information to re-identify an individual.
• Data Controller: The natural person or legal entity which, alone or jointly with others, determines the purpose for which data is used and the means of the processing of Personal Data.
• De-identified Data: Data where certain identifiers are removed to prevent a person’s identity from being directly connected with the information (such as masking certain personal identifiers).
• Personal Data: Information that can be used to identify you (or your household), either alone or in combination with other information available to us. This may include your name, address, e-mail address, phone number or other information.[i]
• Special Categories of Data: Categories of Personal Data that require a heightened level of protection under data protection legislation in some jurisdictions because it reveals or concerns sensitive information, such as health matters, race, or ethnic origin.
• Standard Contractual Clauses: Any set of contractual clauses, approved by the European Commission, for the transfer of personal data to processors established in a third country (outside of the EU/EEA) where that third country does not ensure an adequate level of protection.
• Supervisory Authority: Supervisory Authority (or its equivalent under any data protection legislation) is the independent public authority to whom consumers may lodge a complaint.

Data Controller, How to Contact Us, and Processing of Your Data

• MarketForce as the Controller.MarketForce owns and operates the website where this Privacy Policy appears (“the Website”). We are the Data Controller for any Personal Data collected by visiting the Website or any data submitted to us directly via other means.
• How to Contact Us.If you have a question about this Privacy Policy or requests related to your Personal Data pursuant to applicable laws, no matter where you are in the world, please email us at privacy@marketforceagency.com and we will route your question appropriately. If you prefer to contact us by regular mail, our address is 10380 Bren Road West, Minnetonka, Minnesota 55343, USA.
• Processing of Your Data.For personal information submitted on this Website, MarketForce will optimally process your Personal in the Data United States.  A copy and/or back-up of your Personal Data may be stored and otherwise processed in our cloud service provider in Ireland in accordance with MarketForce’s disaster recovery program.
• Appropriate Safeguards for Cross-border Transfer of Your Data.We may transfer the Personal Data we collect from you to recipients in other countries.  When we transfer Personal Data to recipients outside of the country in which it was originally collected, we will protect your information appropriately.

If you are located in the EU/EEA, any transfer of your Personal Data outside of the EU/EEA is protected according to applicable legal requirements, such as through Standard Contractual Clauses, or other appropriate data protection safeguards. Your Personal Data may be transferred to MarketForce’s servers in the United States and the processing of your Personal Data in the United States. We may transfer your Personal Data to corporate family of companies for the purposes set out in this Privacy Policy, for company administration purposes, and to other third-party data processors. For details of the transmission of your Personal Data to other members of our corporate family, please see the “Joint Use” section of this policy.

Lawful Basis for Processing of Data

In certain jurisdictions, the processing of your Personal Data is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

• By using the Website or otherwise submitting your Personal Data to us, you consent to our collection, use and sharing of your information as described in this Privacy Policy[ii]. If you do not consent to this Privacy Policy, please do not use or submit your information through the Website.
• Legitimate Interest.We will process your data based on Legitimate Interest, and particularly where it is used for marketing purposes, such as to collect data from public sources and to contact prospects to start a conversation. We may also process your data based on Legitimate Interest in the employment context.
• Other Lawful Basis.We may also process your data based on another lawful basis such as for internal research and reporting or where processing is necessary to comply with legal obligations.

Scope of this Privacy Policy

This Privacy Policy applies to the Website where this Privacy Policy appears and to information we collect from you via e-mail, text, and other sources. It does not apply to Personal Data we receive in connection with providing services to our Clients. When we process Personal Data in connection with providing services to our Clients, we are the processor of Personal Data and our Client is the controller.  If we are the processor of your Personal Data and you wish to inquire about your rights with respect to any processing we undertake on behalf of our Clients, please contact the relevant Client directly.

The purpose of this Privacy Policy is to provide you with information on how we:

• collect Personal Data and other information you provide us, whether you submit it through this website or through another means;
• use, handle, and disclose the information we collect; and
• handle any choices you have about the ways we collect and use the information.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy to communicate changes in our data handling practices. When we make changes to this Privacy Policy, we will modify the Effective Date. Our changes will become effective immediately upon posting. A link to our previous policy is included at the end of this Privacy Policy.

SUPPLEMENTAL PRIVACY NOTICES

This Privacy Policy may be supplemented or amended by other privacy notices appearing on the Website. Such privacy notices will explain how we handle information specific to where that privacy notice appears and should be read together with this Privacy Policy.

CLIENT OR OTHER THIRD-PARTY PRIVACY POLICIES

This Privacy Policy only applies to the use of information you provide us through the Website (or other means). This Privacy Policy does not apply to information collected by our Clients or any other third party as we do not control these other privacy policies.

How We Protect Your Information

MarketForce takes reasonable steps to provide a level of security appropriate to the sensitivity of the information we collect. We have implemented physical, technical and administrative security practices and safeguards reasonably designed to protect your Personal Data from unauthorized access and disclosure. When we collect or transmit sensitive information, we use industry standard methods to protect that information as required by applicable laws. Although we use reasonable measures to protect your information, we cannot guarantee the security of information provided over the Internet or stored in our databases. You are also responsible for taking reasonable steps to protect your information against unauthorized disclosure or misuse. We leverage industry best practices to mitigate potential compromises. If the Personal Data under the custody of MarketForce is (or is likely to be) divulged, damaged or lost, we will immediately take remedial measures, inform the users in a timely manner and report to the competent government agencies as required by applicable laws.

Collection of Information, including Use of Cookies

INFORMATION YOU MANUALLY PROVIDE

We may collect Personal Data from you when you use the Website such as when you request information about our services or when you enter a contest or promotion, or sign-up for a newsletter or related services.  We also collect personal data when you apply for a job opening, or otherwise submit employment data to us.

SPECIAL CATEGORIES OF DATA

Generally, we do not collect or process Special Categories of Data. However, there could be a situation (such as for employment purposes) where we may process such data. In this case, we will be sure to comply with applicable data protection legislation, including relying on the necessary legal grounds to process the data (e.g., processing health data for an insurance contract). We shall use reasonable security practices and procedures to safeguard your Special Categories of Data.

INFORMATION FROM YOUR BROWSER OR DEVICE

We may also receive information from your web browser. This may include information that does not identify you personally (such as the date and time of your visit). The information we receive depends on the settings on your web browser. Unless prohibited by law, creating a user identity during a visit to the Website constitutes your consent to processing your Personal Data, and we may link the information your browser provides to information that identifies you personally, as described below. Please consult your browser’s help function to learn how to change the settings. We may also collect limited Personal Data (e-mail address) through web technologies in connection with your use of the Website, as described below.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

The information we collect using cookies and similar technologies is not typically personally identifiable, but we may link it to Personal Data that you provide. We use cookies and other similar technologies to collect information and support certain features of the Website. As the Internet evolves, we may use different types of technologies for this purpose. For example, we may use these technologies to collect information about how visitors use the Website (such as which pages they visit, links they use). We analyze this information to better understand our visitors’ interests, needs and to improve the content and functionality of the Website. We may also use the information to support Website features by not asking you to re-enter information already in our database. We also use this information to personalize your experience when you use the Website and to improve our marketing efforts, including through use of targeted advertising.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies, you may be unable to use all the Website functionality if your browser rejects our cookies.

INFORMATION ABOUT THIRD-PARTY COOKIES AND OTHER TECHNOLOGIES

Web technologies may also be placed on the Website by third party providers. We may collect your IP address through web technologies.

We may use third party service providers in connection with the Website, which may include Google Analytics or others. These and other service providers may collect information about your visits to this website, your interaction with the website, and the services offered by us. Their collection and use of information are subject to their own privacy policies. Please visit the applicable third-party service provider if you would like to opt-out per below:

For more information regarding these third-party services or how to opt out, please visit www.networkadvertising.org/consumer/opt_out.asp, www.aboutads.info/choices, or https://www.youronlinechoices.com/ (in the EU and UK).

DO NOT TRACK REQUESTS

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs service providers not to track your future activities when that cookie is detected (a “no-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “no-track” cookie cannot be set on your computer. Also, if you subsequently erase “no-track” cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser “no-track” signals.

INFORMATION FROM THIRD PARTIES

We may also receive certain information about you from third parties such as through your use of a social network authentication to sign-in to the Website, our affiliate marketing partners, or through other online data sources, according to the rules of the use and processing of such information established by the respective online data sources. If any Personal Data are freely available or accessible in the public domain, we will not have any obligations to you regarding the same.

LOCATION INFORMATION

When you use a smart phone, mobile device or computer to access the Website or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information, such as your IP address and postal code, to provide you with other services on your mobile device. We may share your location information only with third parties that help us provide you with services. You can opt-out of sharing this information by changing the permissions in your mobile device.

Use and Sharing of Information

We will process the Personal Data you provide us on our secure, cloud-based computer servers. MarketForce does not and will not sell your Personal Data. In some cases, we may share your Personal Data within the organization such as for employment purposes.

HOW WE USE YOUR DATA

We may use your Personal Data for the following purposes:

• to contact you if you have requested communication from us;
• to help verify that data we have about you is accurate;
• to fulfill the purpose for which you provide it;
• as identified in a supplemental privacy notice posted on the Website;
• for human resources such as to collect your email address if you are applying for a position online; and
• in any other way we may describe when you provide the Personal Data.

We will take reasonable steps to ensure any person or entity receiving Personal Data for the purposes described above, are obligated to keep the Personal Data secure. If we collect or receive Special Categories of Data and it is necessary for us to transfer that Data to a third party, we will share the details of that entity if required by applicable law. Our obligations will not apply to information shared with any Government entity mandated under law to obtain such information or by an order under law for the time being in force.

Joint Use

The following categories of Personal Data may be jointly used by and shared with our corporate family of companies listed here (“Joint Users”):

• Human Resource data, such as employee data or prospective employee data; and
• Other data we collect when you visit the Website or otherwise utilize our services.

The Joint Users will use the Personal Data for the purposes set forth in “How We Use Your Data” section above.

AUTOMATED PROCESSING

We may rely on automated processing in the context of employment and to ensure our employees are adhering to our internal security policies. We may also use automated processing in screening affiliate marketing applications for fraud. You have the right to avoid any decisions based on automated data processing where they can be characterized as profiling. However, in the case of fraud monitoring, we reserve the right to reject your application.

OUR USE OF ANONYMOUS INFORMATION

We may use a process called anonymization to make data we collect Anonymous Information. In this case, all personal elements, such as name, street address, phone number, email address, and others will be anonymized in accordance with applicable law. The Anonymous Information may be used as described here:

• to personalize and support your use of the Website;
• to improve the Website, the customer experience, our advertising systems, and our products and services;
• to provide reporting to our current and prospective Clients; and
• for other historical, statistical, research and analysis purposes.

We may also use De-identified Data for the same purposes as those mentioned above, as well as for related purposes, as allowed by applicable law.

OUR SERVICE PROVIDERS

We utilize other companies, including our corporate affiliates, to provide certain services to us (or on our behalf), such as:

• to host or maintain the Website;
• to process credit card payments;
• for payment collection;
• to deliver advertisements on the Website and third-party websites;
• to send mail or e-mail; and/or
• for purposes related to employment and human resources.

We will not share your Personal Data with our service providers in connection with their offering of services to us, unless it is required for the purposes of our Legitimate Interests and purposes of fulfilling our obligations to you. These service providers may be contractually required to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your Personal Data. We may also allow these companies to use Anonymous Information for their business purposes. We will not share your Personal Data with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.

TO COMPLY WITH LEGAL REQUIREMENTS, PREVENT FRAUD AND CRIMES

As permitted by applicable law, we may disclose Personal Data about you when we believe disclosure is appropriate to:

• to comply with the law or a regulatory requirement;
• to comply with governmental, administrative or judicial process, requirement or order (such as a court order);
• to cooperate with law enforcement or other governmental investigations or report any activities that may be in violation of legal or regulatory requirements;
• to prevent or investigate a possible crime (such as fraud or identity theft) or breaches (also suspected breaches) of security or of this Privacy Policy;
• to enforce a contract;
• to protect the legal rights, Website or safety of MarketForce and our employees, Clients, third parties, the public in general, or you[iii].

IN CONNECTION WITH A SALE, MERGER OR RELATED EVENT

If one of our corporate affiliates or a third party has acquired our business, specific assets, or the business of one of our operating divisions (such as part of a sale, merger, reorganization, or similar event), your Personal Data will become owned by that company, unless otherwise provided for by the local legislation. In that event, the acquiring company’s use of your Personal Data will be subject to the governing Privacy Policy, any applicable supplemental privacy notices, and the privacy preferences you have expressed to MarketForce prior to merger.

Your Choices

We respect your right to make choices about the ways we collect, use and share your Personal Data.

ACCESS TO YOUR INFORMATION

If you would like to review, correct, restrict the processing of, object to direct marketing, or request erasure of your Personal Data, please send us a request using the information in the “How to Contact Us” section of this Privacy Policy. For example, if there is any error in the Personal Data that you have submitted to us, please contact us and we will take appropriate measures to correct the error.

If you contact us, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements as noted in our data retention policy. When we delete your Personal Data or Special Categories of Data, it will be disposed of in a manner that prevents loss, theft, misuse, or unauthorized access in-line with our data retention policy.

You have the right to report to your local Supervisory Authority where you feel as though your rights under data protection legislation have not been appropriately considered. However, before doing so, please contact us directly as we are committed to working with you to help resolve any concerns about your privacy.

DATA RETENTION POLICY

MarketForce may retain your Personal Data for as long as you continue to use the Website, and thereafter as permitted or required by applicable law or to satisfy our business requirements.

MARKETING AND RELATED-COMMUNICATIONS

When you provide Personal Data, we may offer you a choice as to whether you would like to receive further marketing and related communications from us. If applicable, where you have consented to receive them, these communications could be in the form of direct mail, e-mail or telephone and will contain information to inform you of our products and services. At any time, you may opt-out of receiving these communications by e-mailing us at privacy@marketforceagency.com, or by following any unsubscribe instructions in e-mail communications we send you.

Children’s Privacy

MarketForce does not direct this website at nor does it target it towards children. We do not knowingly collet Personal Information from children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use the Website unless necessary parental consent has been obtained. If you believe that we have received information from a person protected under child protection laws where necessary parental consent was not obtained, please notify us immediately, and we will take reasonable steps to securely remove that information.

Privacy Policy for California Residents

Your Rights

In addition to the above, California residents have the right to make the following requests with respect to their personal information under the California Consumer Privacy Act (“CCPA”):

• Data Access and Portability – You have the right to request that we disclose certain information to you about the personal information we have collected, used, disclosed, or sold about you in the previous 12 months.
• Deletion – You can request that delete your personal information that we collected from you to the extent required under the CCPA.
• Disclosure – You have the right to request that we disclose certain information about our collection and use of you Personal Information over the last twelve (12) months, including:

• • The categories of personal information we collected about you,
  • The categories of sources for the personal information we collected about you,
  • Our business or commercial purpose for collecting that personal information,
  • The categories of third parties with whom we share that personal information,
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • Where there has been a disclosure for a business purpose, identifying the personal information categories that each category of recipient obtained.

To exercise any of your rights under the CCPA, please send us a request using the information in the “How to contact Us” section of this Privacy Policy or by calling (866) 585-3251. We may ask you for additional information to verify your identity and reserve the right to limit or deny your request if you have failed to provide information sufficient to verify your identity or satisfy our legal and business requirements.  We will respond to the e-mail we have on file within forty-five days of your verifiable request.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that you request warrants a fee we will advise you as to the ground for that decision and provide you with an estimate of the cost before we complete your request.

Our Use and sharing of your Personal Information

As discussed in more detail above, MarketForce may disclose your personal information to a third party for a business purpose. However, we will not sell your personal information as that term is defined by the CCPA. If we must disclose personal information for a business purpose, we enter a contract that requires the recipient to both keep that personal information confidential and not use it for any purpose except in performance of our contractual commitments.

In the preceding 12 months, MarketForce has collected or disclosed the following categories of information. MarketForce has not, and does not today, sell personal information:

California Shine the Light Law

California’s “Shine the Light” law (Civil Code Section §1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@marketforceagency.com.

A link to our previous privacy policy is included here.

[i] The definition of “Personal Data” is intended to encompass “Personal Information” as defined by the California Consumer Privacy act and should be interpreted as such.

[ii] Where we need your consent for processing your Personal Data, we will process such Personal Data only with your respective consent and under the terms of this consent.

[iii] As permitted by applicable law.