Privacy Policy
We appreciate your interest in Marktivity. In conjunction with our services, Marktivity may gather, use, disclose, and otherwise handle information about you that directly identifies you or else makes you identifiable ("personal information").
Marktivity in the Role of Data Controller: In the context of data protection regulations, Marktivity assumes the role of the "data controller" (or its equivalent as per relevant legislation) and holds primary responsibility for overseeing and managing the processing of your personal data gathered during your interaction with our Service. This Privacy Notice is exclusively applicable when Marktivity operates as a data controller.
Marktivity in the Role of Data Processor: While delivering our Service, our clients may gather data within our products and services, or we may collect data on their behalf. This data may encompass personal information or information pertaining to our clients' end users, referred to as "Customer Data." In such cases, Marktivity assumes the role of a "data processor" (or its equivalent as per applicable laws). We are contractually obligated to process Customer Data solely on behalf of and in accordance with the instructions provided by the respective client, who serves as the data controller. It's important to note that this Privacy Notice does not pertain to the handling of Customer Data, and we encourage you to review the privacy notice of the specific client if their data processing involves your personal information.
1. HOW WE GATHER YOUR PERSONAL DATA
Whenever you engage with Marktivity, your personal data is gathered. This process can occur automatically during your interaction with our Services, or it may involve direct collection from you. Additionally, there are instances where we acquire personal data about you from third-party sources. We may gather the following personal data you furnish while using our Service:
a. Account Registration and Profile Details for a Marktivity Account: When you sign up for an account
(where available), we may collect personal details, including your email and password, company name, company website URL, office contact number, and office address. You also have the option to include or verify additional information like your name, company industry, tax identification, billing address, time zone, and the source of your contact or lead.
(where available), we may collect personal details, including your email and password, company name, company website URL, office contact number, and office address. You also have the option to include or verify additional information like your name, company industry, tax identification, billing address, time zone, and the source of your contact or lead.
b. Contractual Information: If your organization engages in a contractual arrangement with us, we may collect data such as your name, job title, email address, signature (if wet-signed or a copy of your autograph is used), customer name and address, and details regarding how you were introduced to our services.
c. Payment and Transaction Data: In the event that you subscribe to one of our Services that requires payment, we will collect the information needed for the payment process. Please be aware that we utilize third-party payment processors to handle payments to us. Consequently, all such information is directly provided by you to our third-party processor. The handling of your personal data by the payment processor is governed by their privacy notice. We will only receive the last four digits of the credit card number, along with transaction-related details (e.g., payment date, amount, device type, IP address, and card type). If custom billing arrangements are made, we may also collect the name, email, job title, company, and address of the account contact.
d. Communications: When you reach out to us through any communication method, including our website's "Contact Us," "Chat," or "Support" functions, or when you request a demo of the Marktivity platform, we may collect information such as your name, email address, mailing address, phone number, company or company website URL, account ID, type of inquiry, and any other personal information you choose to share with us. This may include details like the number of contacts your company has, your product interests, the current platform you use, and preferred meeting dates and times.
e. Newsletters, Marketing Emails, and Blog Subscriptions: If you opt to receive news updates or alerts from us or subscribe to our blog, we may collect your email address and relevant preferences for communication.
f. Events, Surveys, Feedback, and Promotions (including Contests, Sweepstakes, Webinars, and Training Sessions): When you complete forms or provide information in connection with Marktivity events, surveys, or promotional activities (such as contests, sweepstakes, webinars, and training sessions) and when you offer feedback to us, we may collect contact information (e.g., name, email, and phone number), details about your organization or company, your job title, office address, and any other information you provide to us.
1.1 Automatically Gathered Personal Information
a. Log Information: This encompasses your internet protocol (IP) address, operating system details, browser information including type, identification, and configuration, unique identifiers, device type and version, the referring URL, date and time of your visit, the duration of your interaction with our services, and any potential errors encountered during your use of our Services.
b. Analytical Data: This category includes the electronic route you take while navigating our services, your interactions within our services (including entry and exit points), UTM source tracking, as well as your engagement and activities on our services. This involves your time zone, activity specifics (such as your first and last active timestamps), usage history (comprising flows created, campaigns scheduled, emails opened, total logins), as well as the pages, links, objects, products, and features you view, click on, or otherwise engage with. Additionally, we may analyze interactions between you and your customers using our Services.
c. Location Details: We may approximate your general geographic location based on the IP address we collect.
d. Platform Data: If you possess an account to access the services we offer as a processor, we may additionally collect information such as your name, phone number, email address, company details, position in the sales cycle, lead and commercial particulars (such as platform specifics and initial marketing channel), as well as user and account identifiers (including but not limited to Salesforce ID and Marktivity ID), NPS/account sentiments, Marktivity Academy user profile and historical data, account health status, event attendance, and your status as a lead or account, along with integration-related data.
b. Analytical Data: This category includes the electronic route you take while navigating our services, your interactions within our services (including entry and exit points), UTM source tracking, as well as your engagement and activities on our services. This involves your time zone, activity specifics (such as your first and last active timestamps), usage history (comprising flows created, campaigns scheduled, emails opened, total logins), as well as the pages, links, objects, products, and features you view, click on, or otherwise engage with. Additionally, we may analyze interactions between you and your customers using our Services.
c. Location Details: We may approximate your general geographic location based on the IP address we collect.
d. Platform Data: If you possess an account to access the services we offer as a processor, we may additionally collect information such as your name, phone number, email address, company details, position in the sales cycle, lead and commercial particulars (such as platform specifics and initial marketing channel), as well as user and account identifiers (including but not limited to Salesforce ID and Marktivity ID), NPS/account sentiments, Marktivity Academy user profile and historical data, account health status, event attendance, and your status as a lead or account, along with integration-related data.
Both Marktivity and our third-party providers may employ (i) cookies or small data files stored on an individual's computer and (ii) other associated technologies like web beacons, pixels, embedded scripts, location-tracking technologies, and logging technologies (collectively referred to as "cookies") to automatically gather this personal information.
1.2 Personal Information from Other Sources and Third Parties
a. Social Media: When an individual engages with us on various social media platforms, such as when someone "Likes" our content on Facebook, follows us, or shares our content on Facebook, Twitter, Instagram, or other social networks through features like embedded social media buttons on our website, we may receive certain information about individuals that they have authorized the social network to share with third parties. The specific data we receive depends on an individual's privacy settings on the social network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media platforms before sharing information or linking/connecting them to other services.
b. Service Providers: Our service providers, who perform services exclusively on our behalf, such as chat services, payout processing, and marketing providers, collect personal information and may frequently share some or all of this information with us.
b. Service Providers: Our service providers, who perform services exclusively on our behalf, such as chat services, payout processing, and marketing providers, collect personal information and may frequently share some or all of this information with us.
2. HOW WE UTILIZE YOUR PERSONAL INFORMATION
We may employ the personal information we gather for the following objectives:
a. Fulfillment of Contractual Obligations: This includes delivering the Marktivity Services you have requested, facilitating your communications with other users or groups, and managing your accounts and contracts, which encompasses customer support.
b. Communication: We may contact individuals through various means such as email, text messages, social media, telephone calls, and video calls.
c. Business Performance Evaluation: We assess and review our business performance.
d. Marketing and Sales: We engage in marketing and sales activities for our Services, which may involve communication through email, direct mail, phone calls, video calls, text messages, or other communication platforms like WhatsApp.
e. Gift Sending: We send gifts to you as part of our Services.
f. Service Administration and Enhancement: This includes the administration, improvement, and personalization of our Services. We aim to recognize individuals and remember their information when they return to our Services. Additionally, we analyze our client base.
g. Payment Processing: We process payments for the Services we offer.
h. Market Research: We conduct market research activities.
i. Opportunity Tracking, Conversion, and Lead Generation: We track opportunities, conversions, and generate leads.
j. Testing, Enhancement, and Monitoring: We perform testing, enhancement, updates, and monitoring of our Services, as well as diagnosing and resolving technology-related issues.
k. Safeguarding: We help maintain the safety, security, and integrity of our property, Services, technology assets, and business.
l. Enforcement and Legal Compliance: This involves enforcing our Terms of Service, resolving disputes, fulfilling our obligations, protecting our rights and business interests, as well as safeguarding the rights of third parties.
m. Fraud and Criminal Activity Prevention: We prevent, investigate, and provide notice of fraud or unlawful or criminal activities.
n. Legal Compliance: We ensure compliance with legal obligations.
a. Fulfillment of Contractual Obligations: This includes delivering the Marktivity Services you have requested, facilitating your communications with other users or groups, and managing your accounts and contracts, which encompasses customer support.
b. Communication: We may contact individuals through various means such as email, text messages, social media, telephone calls, and video calls.
c. Business Performance Evaluation: We assess and review our business performance.
d. Marketing and Sales: We engage in marketing and sales activities for our Services, which may involve communication through email, direct mail, phone calls, video calls, text messages, or other communication platforms like WhatsApp.
e. Gift Sending: We send gifts to you as part of our Services.
f. Service Administration and Enhancement: This includes the administration, improvement, and personalization of our Services. We aim to recognize individuals and remember their information when they return to our Services. Additionally, we analyze our client base.
g. Payment Processing: We process payments for the Services we offer.
h. Market Research: We conduct market research activities.
i. Opportunity Tracking, Conversion, and Lead Generation: We track opportunities, conversions, and generate leads.
j. Testing, Enhancement, and Monitoring: We perform testing, enhancement, updates, and monitoring of our Services, as well as diagnosing and resolving technology-related issues.
k. Safeguarding: We help maintain the safety, security, and integrity of our property, Services, technology assets, and business.
l. Enforcement and Legal Compliance: This involves enforcing our Terms of Service, resolving disputes, fulfilling our obligations, protecting our rights and business interests, as well as safeguarding the rights of third parties.
m. Fraud and Criminal Activity Prevention: We prevent, investigate, and provide notice of fraud or unlawful or criminal activities.
n. Legal Compliance: We ensure compliance with legal obligations.
3. HOW WE SHARE PERSONAL INFORMATION
We may also distribute, convey, unveil, extend access to, make accessible, and provide personal information to third parties, as detailed below.
a. Service Providers: We collaborate with third-party contractors and service providers, subject to reasonable confidentiality terms. These parties may include payment processors, web hosting and maintenance providers, technology support experts, email and messaging communication platforms, analytics specialists, data storage providers, and web and video hosting services and developers. All such service providers will adhere to confidentiality clauses and process data exclusively on our behalf, following our instructions. However, exceptions may apply when service providers act as independent controllers (e.g., when seeking legal or tax consultancy).
b. Corporate Transactions: In the event of a sale or transfer of all or a portion of our business or assets, including shares in the company, or any combination of our products, services, businesses, and/or assets, we may transfer the collected information. In such cases, we will make reasonable efforts to ensure that the transferred information is treated in line with this Privacy Notice.
c. Legal Obligations and Rights: Personal information may be disclosed to third parties, including legal advisors, law enforcement agencies, regulators, and other authorities, as well as other third parties, for legal purposes when we reasonably believe such action is necessary. This includes:
a. Service Providers: We collaborate with third-party contractors and service providers, subject to reasonable confidentiality terms. These parties may include payment processors, web hosting and maintenance providers, technology support experts, email and messaging communication platforms, analytics specialists, data storage providers, and web and video hosting services and developers. All such service providers will adhere to confidentiality clauses and process data exclusively on our behalf, following our instructions. However, exceptions may apply when service providers act as independent controllers (e.g., when seeking legal or tax consultancy).
b. Corporate Transactions: In the event of a sale or transfer of all or a portion of our business or assets, including shares in the company, or any combination of our products, services, businesses, and/or assets, we may transfer the collected information. In such cases, we will make reasonable efforts to ensure that the transferred information is treated in line with this Privacy Notice.
c. Legal Obligations and Rights: Personal information may be disclosed to third parties, including legal advisors, law enforcement agencies, regulators, and other authorities, as well as other third parties, for legal purposes when we reasonably believe such action is necessary. This includes:
i. In connection with the establishment, exercise, or defense of legal claims.
ii. To comply with legal requirements or respond to lawful requests and legal processes.
iii. To protect our rights, property, and the rights, safety, and property of others, including enforcing our agreements and policies.
iv. To detect, prevent, or investigate fraud.
v. As otherwise mandated by applicable law.
ii. To comply with legal requirements or respond to lawful requests and legal processes.
iii. To protect our rights, property, and the rights, safety, and property of others, including enforcing our agreements and policies.
iv. To detect, prevent, or investigate fraud.
v. As otherwise mandated by applicable law.
4. ONLINE ADVERTISING
We may exchange (or allow these entities to gather) personal information with online advertising networks, social media firms, and other third-party services. This information includes details about your usage of our Marktivity platform over time, enabling these parties to present or exhibit ads that align with your interests on various websites, applications, or devices you use. Typically, although not exclusively, the information we share is transmitted through cookies or similar tracking technologies. These technologies recognize the device you are using and collect data such as hashed data, clickstream data, browser type, date and time of your website visits, and other related information. This data is employed to present targeted advertisements on other websites, applications, or services. We or the online advertising networks leverage this information to enhance the relevance of online advertisements based on your interests.
Furthermore, we may also showcase tailored advertisements to you through social media platforms such as LinkedIn, Facebook, Twitter, Google, and others. These platforms offer interest-based advertising programs that enable us to deliver ads to users who have expressed interest in our services while they are actively using the social media platform. Additionally, we may target groups of users who share similar characteristics, such as probable commercial interests and demographic traits. The display of these advertisements is subject to the privacy policies of the respective social media companies providing the ad platforms.
Furthermore, we may also showcase tailored advertisements to you through social media platforms such as LinkedIn, Facebook, Twitter, Google, and others. These platforms offer interest-based advertising programs that enable us to deliver ads to users who have expressed interest in our services while they are actively using the social media platform. Additionally, we may target groups of users who share similar characteristics, such as probable commercial interests and demographic traits. The display of these advertisements is subject to the privacy policies of the respective social media companies providing the ad platforms.
5. CONTROL OVER YOUR INFORMATION
a. Email Correspondence: Periodically, we may send you emails pertaining to updates about our Marktivity Services, notifications regarding our organization, or information concerning products/services we believe may interest you. If you wish to unsubscribe from these emails, you can simply click the "unsubscribe link" provided at the bottom of the email communication. Please note that certain service-related communications, such as account verification, transaction confirmations, technical or legal notices, cannot be unsubscribed from.
b. Messaging Platforms: We might use the personal information we collect to engage with individuals through messaging platforms, such as WhatsApp. This includes marketing to you or providing information and updates on products or services we believe may be of interest to you. You have the option to unsubscribe from these messages at any time by responding with "STOP" in one of our messages.
c. SMS Text Messaging: Personal information collected may be used to communicate with individuals via text messages, including marketing messages (with your consent) or offering information and updates on products or services we believe you may find appealing. You can opt-out of receiving marketing text messages at any time by replying with “STOP” in one of our messages.
b. Messaging Platforms: We might use the personal information we collect to engage with individuals through messaging platforms, such as WhatsApp. This includes marketing to you or providing information and updates on products or services we believe may be of interest to you. You have the option to unsubscribe from these messages at any time by responding with "STOP" in one of our messages.
c. SMS Text Messaging: Personal information collected may be used to communicate with individuals via text messages, including marketing messages (with your consent) or offering information and updates on products or services we believe you may find appealing. You can opt-out of receiving marketing text messages at any time by replying with “STOP” in one of our messages.
- Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. However, information may be shared with subcontractors providing support services, such as customer service. All other use cases exclude text messaging originator opt-in data and consent, which will not be shared with any third parties.
6. PRIVACY RIGHTS
In line with the relevant privacy legislation and the laws applicable in your place of residence (which may include, but are not limited to, Colorado, Connecticut, Utah, and Virginia), you may have the opportunity to exercise some or all of the following rights concerning the personal information we have gathered about you, subject to legal restrictions:
a. Right of Access and Data Portability: You may possess the right to access the personal information we have collected about you and, where mandated by law, the right to receive a copy of this personal information.
b. Right to Rectification: You may have the right to request corrections to inaccuracies in your personal information, considering the nature of the data and the purposes of its processing.
c. Right to Erasure: You may be entitled to request the deletion of your personal information, with specific exceptions in accordance with the law.
d. Right to Opt-Out: You may have the right to opt out of specific processing activities. For example, you could opt out of the utilization of your personal information for targeted advertising or the "sale" of your personal information to third parties in certain situations. Additionally, you might have the right to instruct us not to employ automated decision-making or profiling for specific purposes.
e. Right to Control Sensitive Personal Information: You may possess the right to control our collection and processing of specific sensitive personal information.
f. Right to Non-Retaliation: You may have the right to be shielded from retaliatory or discriminatory treatment for exercising any of the rights detailed above.
b. Right to Rectification: You may have the right to request corrections to inaccuracies in your personal information, considering the nature of the data and the purposes of its processing.
c. Right to Erasure: You may be entitled to request the deletion of your personal information, with specific exceptions in accordance with the law.
d. Right to Opt-Out: You may have the right to opt out of specific processing activities. For example, you could opt out of the utilization of your personal information for targeted advertising or the "sale" of your personal information to third parties in certain situations. Additionally, you might have the right to instruct us not to employ automated decision-making or profiling for specific purposes.
e. Right to Control Sensitive Personal Information: You may possess the right to control our collection and processing of specific sensitive personal information.
f. Right to Non-Retaliation: You may have the right to be shielded from retaliatory or discriminatory treatment for exercising any of the rights detailed above.
7. CHILDREN
Our Marktivity Services are not designed for, and we have no intention to knowingly collect or request personal information from individuals under the age of 16. If an individual is below the age of 16, they should refrain from using our Services or sharing personal information with us, whether directly or through other means. In the event that a child under the age of 16 has provided us with personal information, we encourage the child's parent or guardian to reach out to us to request the removal of such personal information from our systems. If we become aware that any personal information in our possession has been provided by a child under the age of 16, we will promptly delete that information.
8. THIRD-PARTY WEBSITES AND SERVICES
Our Services provided by Marktivity may include connections or links to third-party websites or services, including those affiliated with our business partners. When you interact with these third parties, you are disclosing your information directly to them and not to Marktivity. It's important to note that Marktivity is not responsible for the privacy practices of these third parties or any entities not owned or controlled by Marktivity. We encourage you to review the privacy policies and online terms of these third parties to gain a better understanding of how they handle your personal information.
9. CHANGES TO PRIVACY NOTICE
Marktivity retains the right to modify this Privacy Notice at our discretion. Significant alterations in the way we handle personal information will be communicated to you through your account, a conspicuous notice on our website, or other suitable communication methods. It is your responsibility to periodically review this Privacy Notice. Any amendments shall take effect as of the date of publication, unless otherwise specified.
10. CONTACT US
For inquiries or requests related to this Privacy Notice or other privacy-related matters, kindly reach out to us via email at [email protected]
11. U.S. STATE PRIVACY DISCLOSURES
11.1 NEVADA:
If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes allows a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently engage in the sale of covered information, please contact us at [email protected] with the subject line "Nevada Opt Out Request" to submit such a request.
11.2 CALIFORNIA, COLORADO, CONNECTICUT, UTAH, VIRGINIA:
These Additional U.S. State Privacy Disclosures ("U.S. Disclosures") provide additional information about our personal information processing practices concerning individual residents of these States, in addition to the information contained in our Privacy Notice. For a detailed description of how we collect, use, disclose, and process personal information in connection with our Services, please visit our Privacy Notice. All terms defined in our Privacy Notice retain the same meaning in these U.S. Disclosures.
For the purposes of these U.S. Disclosures, personal information excludes publicly available information or de-identified, aggregated, or anonymized information that cannot be associated with or linked to you.
12. YOUR PRIVACY CHOICES
Depending on your state of residence, you may have the following rights related to your personal information that we have collected (subject to certain legal limitations):
12.1 The Right to Know
a. The right to confirm whether we are processing personal information about you.
b. Under California law, the right to obtain specific personalized details about the personal information we have collected about you in the last 12 months, including:
c. Categories of personal information collected.
d. Categories of sources of the personal information.
e. Purposes for which the personal information was collected.
f. Categories of personal information disclosed to third parties (if any) and the categories of recipients.
g. Categories of personal information shared for cross-context behavioral advertising (if any) and the categories of recipients for those purposes.
h. Categories of personal information sold (if any) and the categories of third parties to whom the personal information was sold.
12.2. The Right to Access and Portability
a. The right to access the personal information we have collected about you.
b. Where required by law, the right to obtain a copy of the personal information in a portable format, to the extent technically feasible, allowing you to transmit the data to another entity without hindrance.
a. The right to confirm whether we are processing personal information about you.
b. Under California law, the right to obtain specific personalized details about the personal information we have collected about you in the last 12 months, including:
c. Categories of personal information collected.
d. Categories of sources of the personal information.
e. Purposes for which the personal information was collected.
f. Categories of personal information disclosed to third parties (if any) and the categories of recipients.
g. Categories of personal information shared for cross-context behavioral advertising (if any) and the categories of recipients for those purposes.
h. Categories of personal information sold (if any) and the categories of third parties to whom the personal information was sold.
12.2. The Right to Access and Portability
a. The right to access the personal information we have collected about you.
b. Where required by law, the right to obtain a copy of the personal information in a portable format, to the extent technically feasible, allowing you to transmit the data to another entity without hindrance.
12.3 The Right to Request Deletion
The right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
12.4 The Right to Correction
The right to request correction of inaccuracies in your personal information, considering the nature of the information and the purposes of processing.
12.5 Right to Control Over Automated Decision-Making/Profiling
The right to direct us not to use automated decision-making or profiling for certain purposes.
13. HOW TO EXERCISE YOUR PRIVACY RIGHTS
Depending on your state of residence, you may also have the right to not face retaliatory or discriminatory treatment for exercising the above rights. However, exercising these rights may impact the price, rate, or quality level of the product or service, where allowed by law. To submit a request to exercise one of the privacy rights identified above, please make a request by:
a. Sending an email to: [email protected] with the subject line "Data Subject Rights Request."
b. Calling: (+1) 866-963-9742
b. Calling: (+1) 866-963-9742
We may need to verify your identity before processing your request, which may involve requesting additional personal information from you or having you log into your account, if applicable. We will use personal information provided in connection with a Privacy Rights request solely for the purpose of review and compliance with the request.
In some cases, we may decline a request to exercise the described rights, especially if we cannot verify your identity or locate your information in our systems. If we cannot fully comply with your request, we will provide an explanation for our decision.
In some cases, we may decline a request to exercise the described rights, especially if we cannot verify your identity or locate your information in our systems. If we cannot fully comply with your request, we will provide an explanation for our decision.
13.1 Authorized Agents
In certain circumstances, you may use an authorized agent to submit requests on your behalf through the designated methods mentioned above, where we can verify the authorized agent's authority. To verify the agent's authority, we generally require either (i) a valid power of attorney (if required by applicable law) or (ii) a signed letter containing your name and contact information, the authorized agent's name and contact information, and a statement authorizing the request. Depending on the evidence provided and your state of residence, we may still need to contact you separately to confirm the agent's authorization and your identity for the request.
13.2 Appealing Privacy Rights Decisions
Depending on your state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted using the Individual Rights Request Form or by emailing [email protected]
In certain circumstances, you may use an authorized agent to submit requests on your behalf through the designated methods mentioned above, where we can verify the authorized agent's authority. To verify the agent's authority, we generally require either (i) a valid power of attorney (if required by applicable law) or (ii) a signed letter containing your name and contact information, the authorized agent's name and contact information, and a statement authorizing the request. Depending on the evidence provided and your state of residence, we may still need to contact you separately to confirm the agent's authorization and your identity for the request.
13.2 Appealing Privacy Rights Decisions
Depending on your state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted using the Individual Rights Request Form or by emailing [email protected]
