Privacy Policy • Messaging Architects

Effective : January 25, 2019

1.Introduction

The goal of Messaging Architects website (www.messagingarchitects.com) is to provide information that you need to help you succeed with your business objectives, capture opportunities and see new possibilities for your organization. While you can access most areas of our website without submitting data or information, there are instances in which we will request information from you, which will allow us to provide you with the most relevant and effective information for your needs. Before you browse our website or submit information to us, we urge you to read this Privacy Policy (herein referred to as “Privacy Policy” or “policy”), as well as our Terms of Use.

1.1 We are committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy document outlines our privacy and data protection policy with respect to the personal data of our website visitors and service users, including what information we collect, how we collect it, what we do with it, who we share it with, and the rights of our website visitors and service users regarding their information.

1.3 We use cookies on our website. Clicking on the security icon to the left of the URL address on any of our webpages may indicate the type of cookies used or blocked. If you do not agree to our use of cookies, you should exit our website and not use any of its content, services or features. By using, accessing or browsing our website, whether or not you are a registered user, you agree to this policy and consent to our use of cookies in accordance with the terms of this policy.

1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy options page, you can specify whether you would like to receive direct marketing communications and limit the publication of your information, or you can change choices previously made. You can access the privacy options form on our PRIVACY OPTIONS page.

1.5 In this policy, “we”, “us” and “our” refer to Messaging Architects. For more information about us, see Section 20.

1.6 If your country of residence or the location where you are accessing our website requires that our Privacy Policy and/or Terms of Use be translated into the language of such country or location to be binding, please review the following page before using our website, or any of its features: LEGAL – INTERNATIONAL USERS. See also Section 5.

2.How we use your personal data

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(d) the legal bases of the processing.

2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your account data (“account data“). The account data may include your name, postal address, telephone and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.4 We may process your information, including any sensitive personal information that you provide, included in the job application form on our website (“profile data“).The profile data may include your name, address, telephone number, email address, citizenship or proof of your legal right to work in the United States, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, employment details and work experience, as well as any and all information included in any resume submitted as an attachment to an email or online job application form, or in any other manner. The legal basis for this processing is consent, which is given by providing us with such information or submitting our job application form to request consideration for employment with us.

If an employment contract is entered into with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with applicable legal requirements. If no employment contract is concluded with the applicant we may retain the applicant’s information for no longer than the period stated in our personnel policies after the applied position has been filled or closed (or such shorter period as may be required by law) so we can re-consider the applicant for other positions and opportunities with us, or if the applicant is hired, for additional employment and business purposes related to his or her work with us.

If you previously submitted your applicant information to us, and now wish to access it, update it or have it deleted from our systems, please contact us as provided in Section 20.

2.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may be processed for the purposes of operating our website, providing our services and technical support, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business, including the use of our services.

2.6 We may process information that you submit for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.

2.7 We may process information, including any endorsements that you make about us or our products or services, contained in any interviews that we conduct with you or any video stories about our clients in which you appear, including such personal information as your performance, appearance, name, likeness and voice (“publicity data“). The publicity data may be processed for the purposes of communicating with customers and potential customers and promoting our products and services to customers and potential customers. The legal basis for this processing is our legitimate interests, namely, promoting our products and services to customers and potential customers and proper management of customer relationships.

2.8 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is the performance of a contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract.

2.9 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

2.10 We may process information relating to transactions which you (or your employer) enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details (including your name, postal address, telephone and email address), your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

2.11 We may process [information that you provide to us for the purpose of subscribing to our email notifications, blogs and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications, blogs and/or newsletters. The legal basis for this processing is consent.

2.12 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.13 We may process information contained in any of our online forms that you submit to us (“form submission data“). This form submission data may include your contact details (including your name, postal address, telephone and email address). In some cases information that you provide to us by completing and submitting our online forms (such as email, blog or newsletter subscription forms) will be sent to a third-party service provider for processing. The legal basis for this processing is consent. See Section 4.9 for additional information.

2.14 We may process information that we obtain from you at trade shows and similar events (“trade show data“), including without limitation filling out forms, furnishing business cards or email addresses and scanning your trade show credentials, for the purposes of communicating with you about our services. The legal basis for this processing is our legitimate interests, namely, the promoting our products and services to potential customers and proper management of customer relationships.

2.15 We may process information that we obtain from you at seminars and similar events (“seminar data“), including without limitation filling out forms, furnishing business cards or email addresses and filling out online or other registration forms, for the purposes of communicating with you about our services. The legal basis for this processing is our legitimate interests, namely, the promoting our products and services to potential customers and proper management of customer relationships.

2.16 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.17 We may process any of your personal data identified in this policy where necessary or appropriate for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.18 We may process any of your personal data identified in this policy where necessary or appropriate for the purposes of obtaining professional advice with respect to negotiating, entering into and performing contracts with you (or your employer). The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks in negotiating and entering into contracts with customers.

2.19 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.20 Please do not supply any other person’s personal data to us, unless we prompt you to do so. Before you disclose to us the personal information of another person (e.g., sharing content by emailing a friend or other person) you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

3.Automated decision-making

3.1 We will use your personal data for the purposes of automated decision-making in relation to email campaigns, newsletters, and advertising.

3.2 All such emails will allow recipients to unsubscribe by using a link at the bottom of each email.

4.Providing your personal data to others

4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3 We may disclose your personal data to our suppliers or subcontractors insofar as reasonably necessary for the purpose of providing goods or services to us or to you or to your employer, but no supplier or subcontractor will have the right to use your personal data for its own purposes. The legal basis for this is our legitimate interests, namely the performance of a contract between you or your employer and us and/or taking steps, at your request, to enter into such a contract.

4.4 We may disclose your personal data insofar as reasonable necessary for the purposes of obtaining professional advice with respect to negotiating, entering into and performing contracts with you (or your employer). The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks in negotiating and entering into contracts with customers.

4.5 We may disclose your personal information to the extent that we are required to do so by law or judicial process, such as a subpoena, search warrant or court order, or in compliance with applicable laws or international agreements, which may require disclosure of personal information to government agencies or others. This disclosure may include transferring your information to the United States and other countries outside the European Economic Area. See Section 5.4 below concerning data stored outside the United States.

4.6 Our website does not handle financial transactions. All purchases that you make from advertisers on our website, if any, are handled and processed directly by them on or from their websites; we have no control over or responsibility for processing any payments you make via their websites or with them. Payment for financial transactions relating to services provided by us to you (or your employer) may be handled by our payment service providers where you furnish your card information to us pursuant to contracts with us that provide for payment by one time or periodic billing. We will share transaction data with our payment service providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

4.7 If you click on an advertisement on our website, your personal information may be disclosed to the advertiser and will be subject to the privacy and cookies policies on its website, which will govern that third party’s use of your personal data.

4.8 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.9 We may disclose your personal data where we share aggregated information which does not identify any individual or individually identifiable information.

4.10 We may provide your email information to third parties, so that such third parties may directly contact you about additional products and services, but only if (1) we have your prior consent to do so, or (2) we are using a third party to send targeted advertisements, using information about you such as an email address or site cookies, if you have opted in to receiving marketing communications and supplied us with your email address. To cease having your email information provided to third parties, you may do so by contacting us in the manner described in Section 20 or use the form on our PRIVACY OPTIONS page. However, even after opting-out, you may continue to receive marketing emails from third parties to whom we have already provided your email information. You will be responsible for directly contacting such third parties to request cessation of further marketing emails.

4.11 In some cases information that you provide to us by completing and submitting our online forms will be sent to a third-party service provider. For example, we use Campaign Monitor for newsletter and blog subscriptions and email marketing. You may read their privacy policy and terms of use at https://campaignmonitor.com/policies.

4.12 If you access our website or online services through a third-party website, such as Facebook, that website may pass information to us, such as, user ID, name associated with the ID, email address and location, and in addition, other information permitted under the privacy policy for that website. Our website may also return information about you to that website regarding your login.

4.13 You should note that filing an infringement counter-claim to a Take Down notice filed for alleged copyright infringement under the Digital Millennium Copyright Act (DMCA) will result in disclosure of personal information when it is forwarded to the person who filed the infringement claim. See Section 21 of the Terms of Use for filing copyright infringement claims and counter claims involving United States copyright law, as well as Section 2 of the Terms of Use for non-DMCA alleged copyright infringement claims (those not subject to United States copyright law).

5.International transfers of your personal data

5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred out of your local jurisdiction or region or country to countries outside the European Economic Area (EEA).

5.2 Inasmuch as the internet is a global environment, collecting and processing personal information may involve the transmission of this data internationally, including outside of the European Economic Area or your local jurisdiction. Information that we collect will be processed in the United States, and will be transferred for such processing to the United States, which does not have data protection laws equivalent to those in force in the European Economic Area.

5.3 The hosting facilities for our website are situated in the United States. Although the European Commission has not made an “adequacy decision” with respect to the data protection laws of the United States, we have taken steps to ensure that reasonable and appropriate safeguards are in place to ensure that your privacy rights continue to be protected.

5.4 Emails and other electronic data stored by United States companies in data centers outside the United States may be subject to subpoena and discovery by United States law enforcement agencies in some cases, particularly where service providers store user data in various locations, some of which are in the United States and some of which are in countries outside the United States. In such cases, user files may be broken into component parts, with different parts of a single file stored in different locations (and, accordingly, different countries) at the same time, and they also may automatically move from one location to another as frequently as needed to optimize performance, reliability, and other efficiencies. To dispel the belief that a United States court may not issue and enforce an SCA (Stored Communications Act) warrant for the production of a customer’s electronic communications stored on servers outside the United States, the Cloud Act (Clarifying Lawful Overseas Use of Data Act) was enacted on March 23, 2018 to allow such access to United States courts, except for customers who are not United States persons and do not reside in the United States.

5.5 You acknowledge that personal data that you submit for publication by email or through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5.6 You expressly agree that by communicating with us electronically or using our website or any of its functions and/or providing us with your personal and other information, you (a) agree and consent to the transfer, storage and/or processing of any personal and other information to and in the United States, (b) acknowledge that United States law may provide a lower standard of protection for personal data than the laws of your country or location and (c) understand that we shall collect, transfer, store, process and/or deal with your information in accordance with this policy and the laws of the United States. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the transfer, processing and storage of your personal information or other information in accordance with this policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

5.7 Our Privacy Policy and Terms of Use are only in the English language. If your country of residence or the location where you are accessing our website requires that our Privacy Policy and/or Terms of Use be translated into the language of such country or location in order to be binding, please exit our website and do not use any of its content, services or features; if you nevertheless continue to use our website under these circumstances, you will be deemed to have waived the requirements of your country of residence or location where you are accessing our website, and accordingly you agree that you willingly, voluntarily and irrevocably consent to be legally bound by the English version of our Privacy Policy and Terms of Use.

5.8 Although our website may be available worldwide, you understand and agree that the laws of your home jurisdiction may provide privacy and other protections not provided in the United States under federal or state laws, and that by visiting the website, you unequivocally agree to submit and adjudicate any disputes which arise out of such use pursuant to Section 27 (Governing law, jurisdiction and venue) of our Terms of Use.

5.9 IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR ANOTHER JURISDICTION WITH SIMILAR DATA TRANSFER REGULATIONS, BY USING THIS WEBSITE OR ANY OF ITS FEATURES, YOU EXPLICITLY CONSENT THAT YOUR PERSONAL INFORMATION YOU PROVIDE TO US MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU, CANADA OR YOUR RESIDENT JURISDICTION, IN CONNECTION WITH OUR PRIVACY POLICY AND OUR TERMS OF USE, AND IN ORDER TO PROVIDE SERVICES TO YOU. IF YOU DO NOT CONSENT, PLEASE DO NOT PROVIDE US WITH ANY PERSONAL INFORMATION.

6.Retaining and deleting personal data

6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 We will retain your personal data as follows:

(a) while you are featured or included in articles, interviews, endorsements or videos on our website;

(b) if you or your employer are currently providing services to us;

(d) if you are currently receiving email and marketing materials or newsletters from us.

6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on criteria which includes the following:

(a) the period of retention of personal data will be determined based on various factors, including, among others, whether you are a current or former employee or job applicant, or whether inquiries or contract negotiations are ongoing or have come to a halt;

(b) for such periods as are necessary in order to comply with provisions of contracts (with you or your employer) that require continuance after their termination; and

(c) for such periods as are necessary to comply with legal, accounting or regulatory requirements, prevent fraud, resolve disputes, enforce our agreements and/or protect our legitimate interests.

6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.Security of personal data

7.1 We will take appropriate technical and organizational precautions to secure your personal data and to prevent the loss, misuse, disclosure or alteration of your personal data. The following personal data will be stored by us in encrypted form: your name, contact information, and any password(s) or cardholder data. Unfortunately, the transmission of information via the internet (or email or text message) is not completely secure, especially when sent unencrypted. Although we do our best to protect your personal information, due to the open nature of the internet any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures that we put in place for your protection.

7.2 You acknowledge that no method of transmitting information over the internet (or email or text message) or storing data is completely secure, even if encrypted, and we cannot guarantee the security of the transmission or storage of information or data. This is evidenced by the continuing efforts of hackers to defeat even the newest of security systems, as seen by the increased hacking into government websites and databases of major countries and corporations.

7.3 A password and user name (or email address) may be required to log in to certain parts of the website. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password confidential; we will not ask you for your password (except when you log in to certain parts of our website).

7.4 You should be aware that if you disclose personal data or other information on social media websites, including chat rooms, your profile page, blogs, forums or comment areas, third parties (including search engines) will be able to view, collect and use this information. You agree that we are not responsible for the disclosure of any information you post or disclose in this way or any use that may be made of such personal data or information by any third party.

7.5 Our website includes social media features to follow us online, such as the Facebook and Twitter. These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. We also maintain presences on social media platforms including Facebook, Twitter, Google, LinkedIn and You Tube. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy and cookies policies of the companies that provide them. The information you allow us to access varies by social media website, and depends on the level of privacy settings you have in place at the social media website. You can control and find out more about these privacy settings at the applicable social media website.

7.6 Our website may include hyperlinks to other websites owned and operated by third parties, some of which may include our clients; such hyperlinks are for convenience and are not recommendations. We have not reviewed and have no control over the contents, including computer software or security features, made available through third-party websites, or webpages or their terms of use or cookies or privacy policies, and we accept no responsibility for them or their privacy practices or for any loss or damage that may arise from your use of them. The security of each third-party link cannot be guaranteed by us. However, clicking on the security icon to the left of the URL address (once a third-party link is clicked) may indicate the type of security, cookies in use, and other information, such as Location, Java Script, Flash, Popups, etc., depending on your browser, but the accuracy of this information cannot be guaranteed by us either.

8.Amendments

8.1 We may update this policy from time to time by publishing a new version on our website.

8.2 The revised Privacy Policy will apply to the use of our website from the date of its publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Privacy Policy. Your continued use of our website following the posting of an updated Privacy Policy or Terms of Use means that you agree to those changes.

8.3 You should check back frequently and regularly to read and ensure familiarity with the most current version of our Privacy Policy and Terms of Use. If at any time our Privacy Policy and/or Terms of Use are no longer acceptable to you, please exit our website and do not use any of its content, services or features.

8.4 All content, materials, and user comments provided to us for publication on our website, and all communications sent to us by email or otherwise are deemed to have been provided or sent in full knowledge and acceptance of the most recent Privacy Policy and Terms of Use as displayed on our website.

9. Your rights

9.1 In this Section 9, we have summarized the rights that you have under data protection laws. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

9.2 Your principal rights under data protection laws are:

(a) the right to access;

(b) the right to rectification;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

9.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information; provision of such information will be subject to the supply of appropriate evidence satisfactory to us of your identity (for this purpose, we will usually accept a photocopy of your passport or government issued photo ID certified by an attorney, solicitor, accountant or bank plus an original copy of a utility bill showing your current address, or alternate evidence of verification). That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. Requests should be sent to our Data Protection Manager at the address provided in Section 22.

9.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

9.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

9.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

9.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

9.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

9.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

9.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you (or your employer) are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection, which may depend on your habitual residence, your place of work or the place of the alleged infringement.

9.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

9.13 You may exercise any of your rights in relation to your personal data contacting the Data Protection Manager in the manner described in Section 22. In addition, any comments, complaints or questions concerning this policy or complaints or objections about our use of your personal information should be addressed to the Data Protection Manager.

9.14 Your California privacy rights:

If you are a California resident, you are entitled by law to request an Information Sharing Disclosure. If you provide notice to the address below in Section 20, we will provide you with a notice of your rights to prevent sharing of your personal information. To receive such a notice, submit a written request to us, specifying that you seek your “California Customer Choice Notice.”

10. Third party websites

10.1 Our website includes hyperlinks to, and details of, third party websites.

10.2 We have no control over the content of third-party websites, and are not responsible for their privacy policies and practices; we accept no responsibility for third-party websites or for any loss or damage or disclosure of your personal information that may arise from your use of them.

10.3 Any links to third-party websites are provided solely for your convenience and are not endorsements or recommendations by us of the parties, their websites, products or services.

10.4 Your access and use of such third-party websites is solely at your own risk; you are responsible to read the privacy and other policies of these websites to see how they treat and secure your personal information.

10.5 Third-party advertising and analytical cookies may be placed by or on behalf of independent advertisers, if any, who advertise on our site. You should review their privacy and cookie policies.

10.6 If you access our website through a mobile application or other type of third-party platform, the privacy and cookie policies for the mobile service or platform through which you downloaded the mobile application or third-party platform may apply in addition to our Privacy Policy and Terms of Use.

11. Personal data of children

11.1 Our [website and services are] targeted at persons over the age of 16. We do not knowingly collect or process information from individuals who are under 16. If you are under 16 years of age, you may not submit any personal data to us.

11.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

11.3 If you are a parent or guardian and believe that we have collected information about a child under the age of 16, please contact the Data Protection Manager in the manner described in Section 22.

12. COPPA (Children’s Online Privacy Protection Act) Notice

12.1 This website is not designed for use by or directed to individuals under the age of 13. Although our website prohibits the posting of content (blogs, comments, testimonials, endorsements or other material, etc.) that is obscene or pornographic, some content may be inappropriate for viewing by individuals under the age of 13.

12.2 If we discover that anyone has accessed our website and provided or disclosed personally identifiable information of any individual under the age of 13, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any responsibility to do so, or any liability from not doing so.

12.3 Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”

13. Updating information

13.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

14. About cookies

14.1 Cookies are small files put on your computer or mobile device to store information about your preferences. Cookies can improve your browsing experience by allowing websites to remember your preferences or letting you avoid signing in each time you visit certain websites. However, some cookies may put your privacy at risk by tracking websites that you visit. More specifically, a cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

14.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

14.3 Cookies may also be “analytics” cookies, “service” cookies or “third-party advertising and analytics” cookies: “analytics” cookies anonymously remember your computer or mobile device when you visit our website and keep track of browsing patterns in order to build up a profile of how visitors use our website; “service” cookies help us to make our website work as efficiently as possible and remember your registration and login details and settings preferences; “third-party advertising and analytics” cookies are placed within advertisements or elsewhere on our website by or on behalf of independent advertisers on our website, and are used for statistical purposes to count how many people—anonymously unidentified individuals—have seen their advertisements.

14.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

15. Cookies that we use

15.1 We use cookies for the following purposes:

(a) authentication – we use cookies to identify you when you visit our website and as you navigate our website;

(b) personalization – we use cookies to store information about your preferences and to personalize our website for you;

(c) security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally; and

(d) analysis – we use cookies [to help us to analyze the use and performance of our website and services.

16. Cookies used by our service providers

16.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

16.2 We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

16.3 If you would like to opt-out of Google Analytics monitoring of your behavior on our website please use this link: https://tools.google.com/dlpage/gaoptout/.

16.4 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behavior on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.

17. Managing cookies

17.1 Most browsers allow you to refuse to accept cookies and to delete cookies, and in some cases alert you when a website is attempting to place a cookie on a computer. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/en-us/HT201265 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

17.2 Blocking all cookies will have a negative impact upon the usability of many websites.

17.3 In addition to giving you the choice to block cookies, browsers often give you several options (accept, block, or prompt) for first-party cookies and separately for third-party cookies.

17.4 If you block cookies, you will not be able to use all the features on our website.

18. HTML5

Our website and certain third party services may also employ certain tracking technologies known as “HTML5,” to store content information and preferences, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies.

19. Do not track

Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This feature is different than blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies. In the absence of industry standards, our website (like many others) does not recognize and respond to “do not track” signals.

20. Our details and contact information

20.1 This website is operated by Messaging Architects, an eMazzanti Technologies company, and is owned by Mazzanti, Inc., a Delaware corporation.

20.2 Our principal place of business is at 701 Grand Street, Hoboken, New Jersey 07030.

20.4 You can contact us:

(a) by mail, to the postal address given above;

(b) using our website contact form;

(d) by email at [email protected] .

Do NOT send to “mailto:[email protected]“, as this will end up in our spam folder. Please note that any information sent to us by email (either directly or through our contact or other forms) is not necessarily secure in transit, and might be subject to interception by third parties.

21. Data Controller

Our Data Controller is Mazzanti, Inc., d/b/a eMazzanti Technologies, whose contact information is found in Section 20.

22. Data Protection Manager

Our Data Protection Manager may be contacted at the postal address in Section 20, or my email at “[email protected]“; the subject line of your email should read: ATTN: Data Protection Manager.

Do NOT send to “mailto:[email protected]”, as this will end up in our spam folder. Please note that any information sent to us by email (either directly or through our contact or other forms) is not necessarily secure in transit, and might be subject to interception by third parties.

In addition to this Privacy Policy, use of our website is also subject to our Terms of Use and LEGAL – INTERNATIONAL USERS page

If your country of residence or the location where you are accessing our website requires that our Terms of Use and/or Privacy Policy be translated into the language of such country or location to be binding, please review (before using our website or any of its features) our LEGAL – INTERNATIONAL USERS page

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