Privacy Policy

Updated and Effective as of February 3, 2023. 

This Privacy Policy applies to any website, application, feature, widget, or other online service that is owned or controlled by The Marketing Store Worldwide LP or its subsidiaries and affiliated companies (collectively, “tms”, “us”, “we”, or “our”) that post or include a link to this Privacy Policy (hereinafter referred to as the “Service”).

By accessing or using the Service, you agree to this Privacy Policy.

Table of Contents

 

Information Collection and Use

We may collect information from you directly, automatically when you visit the Service, and sometimes from third parties. Some of this information may be considered “personal information” or “personal data”, and some of which may be considered “sensitive”, under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name, phone number, and email address). We will also treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. And, if we combine information we consider to be non-personal with personal information, we will treat that combined information as personal information under this Privacy Policy and as required by law. Note that we may de-identify or pseudonymize personal information so that it is non-personal, such as by aggregating or converting it to a code, sometimes using a function commonly known as “hash”. We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. We will treat de-identified or pseudonymized information as “non-personal” to the fullest extent allowed by applicable law.

 

Types of Data Collected

1. Information You Provide Directly 

While using our Service, we may ask you to provide us with certain information. This information will depend on the services you interact with and may include, but is not limited to:

  • Email address
  • First name and last name
  • Company and job title
  • Telephone number

We may use your personal information to contact you with your permission with newsletters, marketing or promotional materials and other information that may be of interest to you. You may at any time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send or by contacting us as provided below.

2. Information Collected Automatically 

We and our third-party business partners (including any third-party service providers or third-party content, advertising, and analytics providers) may also collect information on how the Service is accessed and used (“Usage Information”). Usage Information may be stored and/or accessed from your computer, tablet, mobile phone, or other device whenever you visit or interact with the Service. Usage Information may include, but is not limited to, the hardware model, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. In addition, we may automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone, or other device you may use to access the Service. A Device Identifier is a number that is automatically assigned to your device used to access the Service.

  • Cookies and Local Storage. Cookies and local storage are data files placed within a browser on a device when it is used to visit the Service. Certain web browsers and browser add-ons may provide additional local data storage mechanisms. Cookies and local storage can be used for a variety of purposes, including to store a unique identifier for your device that recognizes your device as you visit the Service or other websites or online services, and to remember your preferences. Most browsers provide you with the ability to disable, decline, or clear cookies and local storage; please check your browser’s settings for further information. Please see our Cookie Policy for more information about our use of cookies. For more information about cookies and managing cookies generally, visit http://www.allaboutcookies.org or www.youronlinechoices.eu (Europe) Web Beacons. Small graphic images or other web programming code (also known as web beacons or pixel tags or “1×1 GIFs” or “clear GIFs”) may be included in our web pages and email messages. These and similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed. The information we collect through this technology may include the first date and time you open our email, and whether you click any links included in our email.
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily used by our server or a third-party service provider or business partner while you browse or interact with the Service and is deactivated or deleted when you disconnect from our Service.

In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes and to enforce our intellectual property rights.

3.  Information Third Parties Provide About You and Social Media Interactions

We may receive information about you from third parties, including business partners and data providers. We may also supplement the information we collect with outside records from other third parties, such as public databases, publicly available social media pages, joint marketing partners, and third parties who enhance the information we have about you. We use this information to respond to your requests, tailor content, offer you products or services that we believe may interest you, enhance our products and services, and for other business purposes. The information collected and stored by third parties is subject solely to the third party’s privacy practices.

Through the Service, you may be able to also interact with a third-party social or media platform (such as Instagram, LinkedIn, and Vimeo). When you visit the Service, these third-party social or media platforms may collect certain information about you, regardless of whether or not you affirmatively interact with them and whether or not you are logged into (or have) an account with the third-party platform. After you click through to the third-party social or media platform, information the third-party platform collects is subject to the third party’s privacy practices (including whether the third party shares information with us, the types of information shared, and your choices about what is visible to others on the third-party platform).

 

How We Use Your Information

tms uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service, including changes to our Privacy Policy
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support, including responding to your inquires
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
  • To protect the Service from misuse, fraud, any criminal activity, and other illegal activities or activities that violate our terms and policies, resolve disputes, and enforce applicable agreements and policies
  • As otherwise disclosed in this Privacy Policy, for other reasons that we disclose when you provide your information, or otherwise with your consent

 

Retention of Data

tms will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

tms will also retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

 

Transfer of Data

Your information, including personal information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

By using our Service, you understand, acknowledge, and agree that we may transfer the data we collect from you, including personal information, to the United Kingdom, the United States, or elsewhere and process it in those jurisdictions, including to countries where data protection standards may differ from those in the country where you reside. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries request to access your personal information in accordance with the laws of that jurisdiction. However, our transfer, storage, and processing of your personal data will at all times be in accordance with this Privacy Policy. Your submission of such information represents your agreement to the transfer, processing, and storage of your information to the United States, the United Kingdom, and other jurisdictions.

tms will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

Sharing of Information

We may share non-personal information, such as aggregate user statistics, hashed or otherwise de-identified or pseudonymized information, and Usage Information, with third parties. We may also share personal information as disclosed when you provided it, with your consent, as described elsewhere in this Privacy Policy, and in the circumstances described below:

1. Service Providers

We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

2. When You Agree to Receive Information from Third Parties or Request that We Share Your Information

You may be presented with an opportunity to receive information or marketing offers from one or more third parties. If you agree at that time to have your personal information shared, your personal information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of a social media or other interactive feature or third-party application, that we share information about you with a third party, and we will typically do so under those circumstances.

3. Business Transfers and Transitions

tms may share your information, including personal information, with its parent and affiliates for internal business and operational purposes. In the event that we go through a transition (such as a merger or joint venture, acquisition, bankruptcy or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), your information will likely be among the assets transferred. By providing your personal information, you agree that we may transfer such information to the acquiring entity.

4. Disclosure for Law Enforcement 

Under certain circumstances, tms may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

5. Legal Requirements 

tms may disclose your personal information in the good faith belief that such action is necessary:

  • To comply with a legal obligation
  • To protect and defend the rights or property of tms or its parents and affiliates
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You use the Service and provide us with information at your own initiative and risk.

 

Third-Party Advertising and Analytics and Similar Third Parties

We may use third-party business partners to monitor and analyze the use of our Service and assess the effectiveness of our advertising.

tms uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party business partners (such as network advertisers, ad agencies, and others who provide us with information about the Service, users, and our advertisements) collect certain information about your visits to and activity on the Service and other websites and services and may use this information to target advertising to you. These third parties may set and access their own tracking technologies (including cookies and web beacons) and may otherwise collect or have access to your personal information over time, including your visits to and activity on the Service as well as other websites and online services, some of which may be personal information or personal data under various laws, to inform, optimize and serve ads based on your past visits to our Service.

  • LinkedIn Marketing Solutions – LinkedIn Marketing Solutions service is provided by LinkedIn Corporation. You can opt-out of LinkedIn Marketing Solutions interest-based ads by following their instructions here. You can learn more about the privacy practices and policies of LinkedIn Corporation by visiting their Privacy Policy page here.

 

Your Advertising Choices: Some of these third parties may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. Both NAI and DAA provide information regarding procedures for opting-out of targeted online advertising from participating companies.

  • For information from NAI about opting out, click here.

 

  • For information from DAA about opting out click here.

 

  • If you are a California resident, please see our “California Privacy Notice” for more information about your rights.

To learn more about interest-based advertisements from participating third parties in Canada, please visit the Canadian DAA online choice page at http://youradchoices.ca/choices/. The European Digital Advertising Alliance (“EDAA”) has also developed a guide to online behavioral advertising and has developed an opt-out page for participating EDAA member companies available at www.YourOnlineChoices.com.

Note that these are cookie-based opt-outs. If you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to indicate your opt-out choices across those other computers and browsers.

We use Google Analytics, a web analytics service provided by Google, Inc. on the Site. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Site, compile reports on the activity on the Site, and provide other services related to our activity on our Site and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

 

“Do Not Track” and Global Privacy Control Signals

Do Not Track: Some internet browsers may be configured to send “Do Not Track” signals to the online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. When you choose to turn on the “Do Not Track” settings in your browser, your browser sends a signal to websites, analytics companies, advertisement networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. To find out more about and set up Do Not Track, please visit www.allaboutdnt.com.

Global Privacy Control: Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking.  To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about.

 

Our Service may contain links to other sites that are not operated by us and content hosted and served by third parties. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

General Audience Site

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

 

Changes to This Privacy Policy

To the extent allowed by applicable law, we may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page unless otherwise specified, and your continued use of the Service after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes to the fullest extent allowed by applicable law. We will not use your personal information in a manner materially different than promised at the time the information was collected without giving you the change to consent (which may be opt-out consent or which may occur through your continued use of the Service) to the new policy, as required.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us at privacy@tmsw.com.

 

 

 

Notice to California Residents

This California Privacy Notice is effective as of February 3, 2023.

Under the California Consumer Privacy Act or “CCPA”, California residents have certain privacy rights with respect to the personal information tms collects.  If you are a California resident with whom we have a direct business or potential business relationship, this section applies to you. 

This California Privacy Notice supplements our Privacy Policy and sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA and CPRA and the associated regulations, unless otherwise defined.

Exercising Your California Rights

California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you (“Right to Know”); (2) that we delete the Personal Information we collect about you (“Right to Delete”); (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct”), (4) to opt-out from the sharing of your Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) (“Right to Opt-Out of Sharing”), and (5) to opt-out from the sale of their Personal Information (“Right to Opt-Out of Sale”), all subject to the meanings and exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.

In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.

Verifying Your Requests

We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making.

When you exercise your Right to Know, Right to Delete, and/or Right to Correct, we may ask that you provide us with information, beyond your full name, in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

Agents

If you are an authorized representative submitting a request on a user’s behalf, please complete the applicable request per the instructions below. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The California resident’s identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the California resident to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the California resident’s behalf, we may deny the request.

 

Right to Know

California residents have the right to know what information we have collected about you (the categories and the specific pieces of information).

If you are a California resident with whom we have a direct business or potential business relationship and would like to exercise your Right to Know, please submit your request at privacy@tmsw.com.

In order to have us provide specific pieces of information, we may require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Right to Delete

California residents have the right to request that we delete information we have collected from you. If you are a California resident with whom we have a direct business or potential business relationship and would like to exercise your Right to Delete, please submit your request at privacy@tmsw.com.

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

Do Not Sell or Share for Cross Contextual Behavioral Advertising

Right to Opt-Out of Sale and Right to Opt-Out of Sharing for Cross Contextual Behavioral Advertising

California residents have the right to opt-out of the sale of your Personal Information (we do not sell personal information for monetary compensation). California residents also have the right to opt-out of the sharing of your Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration.

We engage in online advertising practices (and certain analytics or similar activities), which may be considered a “sale” or “share” for cross-context behavioral advertising under the CCPA and CPRA. To disable sharing through cookies set by 3rd parties that may be considered “sales” or “sharing” under the CCPA and CPRA, Cookies Settings.

In addition, the Digital Advertising Alliance also offers tools for California consumers to send requests under the CCPA and CPRA to opt out of the sale of personal information by some or all of the participating companies.

Data Retention 

We will retain all categories of personal information described in this California Privacy Notice for as long as it is reasonably necessary for the purposes set out in this California Privacy Notice, considering the time period reasonably necessary to: provide the Services to you; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our terms for use of the Services; and, comply with legal and regulatory requirements. Except as noted differently on specific pages or apps, we retain your personal information while you have an account with us, or while you are using our Services or continuing to visit us.

Users Younger than 18 

We do not knowingly Sell or Share Personal Information of users younger than under 18 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising your CCPA and CPRA rights.

Personal Information We Collect 

Please click here to review a table that sets out the Personal Information we collect in detail.

 

Questions and Contact Information 

If you have questions about any of these rights, please email us at privacy@tmsw.com.

 

 

Notice European Union (EU) / European Economic Era (EEA) and United Kingdom Residents

The following are categories of recipients are controllers of personal information processed in connection with the Service:

  • CRM Tools.
  • Recruitment Tools

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR) 

If you reside in the European Economic Area (EEA) or the United Kingdom, tms’ legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.

tms may process your personal information because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • We need to comply with applicable law

Your Data Protection Rights under the General Data Protection Regulation (GDPR) / UK GDPR 

If you are a resident of the European Economic Area (EEA) or United Kingdom, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal information.

If you wish to be informed about what personal information we hold about you and if you want it to be removed from our systems, please contact us at privacy@tmsw.com.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist 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 information.
  • 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 on 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 tms 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.

You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA) or United Kingdom.

Our data protection representative in the European Union is:

Address:

The Marketing Store Worldwide (Europe) Limited
Attn: EEA Data Protection Representative
39 Rue Anatole
Levallois-Perret
92300
France

Our data protection representative in the United Kingdom is:

Address:

The Marketing Store Worldwide (Europe) Limited
Attn: UK Data Protection Representative
London
16 Hatfields
Southwark
SE1 8DJ
UK