MarketSmart Privacy Statement

MarketSmart, L.L.C. (“MarketSmart”, “we” or “our”) respects your privacy and is committed to maintaining the privacy and confidentiality of personal data we collect. The purpose of our Privacy Statement is to demonstrate our firm commitment to the privacy and protection of all persons who provide personal data to MarketSmart and its affiliates. This Privacy Statement describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us.

This Privacy Statement applies to information MarketSmart collects through the iMarketSmart.com website and its related services (collectively, the “Website”), as well as other information provided to us online or offline by third parties, when we associate that information with users of the Website; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or that is collected by third-party platforms and services (such as Facebook or Google Analytics) with which the Website may be integrated. You acknowledge and agree that MarketSmart is not responsible for the data collection or use practices of any other Website user, and the use of your information by third parties like the ones described above may be governed by such third parties’ own privacy statements.

This Privacy Statement also does not apply to any website or micro-site MarketSmart develops or hosts on behalf of one of our non-profit customers. The collection and use of information on these sites will be governed by either our customer’s online privacy statement or a separate privacy statement posted on the site.

Finally, if you are an employee of or are otherwise associated with a MarketSmart customer with which we have a contract, our use of your information may be subject to the confidentiality terms of that contract. In this case, in the event of a conflict with this Privacy Statement, the document providing for the greater degree of confidentiality and privacy will determine how your information is used.

If you reside in the State of California or Nevada, please click here to learn more about your privacy rights. To the extent that there is a conflict between the Privacy Notice for California and Nevada Residents and the remainder of this Privacy Statement, the Privacy Notice for California and Nevada Residents will control with respect to California Consumers (as defined below) and Nevada residents only.

By visiting any of MarketSmart’s websites or otherwise providing your personal information to MarketSmart via any other means, you are accepting and consenting to the practices described in this Privacy Statement.

For purposes of this Privacy Statement, the term “visitor” includes visitors to our websites who are not yet customers, those who become customers, as well as those who do not become customers; whether you upload information to our websites, download it, or are merely visiting our websites. You can choose not to provide certain information when using our websites but then you might not be able to take advantage of many of their features.

1. WHAT DO WE COLLECT, AND WHERE?

The information we collect may include your personal information, such as your name, contact information, live chat messages, telephone conversations, product and service selections and orders or other things that identify you individually.

Generally, we may collect information about you in the following manners:

• you may provide your personal information to us via chat, email or other written correspondence, telephone calls, web based forms, or other means;
• we use automated technical means to collect information about all website visitors, for example, by use of cookies (please see the section below entitled “Web visit; cookies and other automatic information gathering technologies for more information about cookies); and
• via third party providers.

2. WEB VISIT; COOKIES AND OTHER AUTOMATIC INFORMATION GATHERING TECHNOLOGIES

You may visit our Website in any of the following ways:

• By using your browser to navigate to our Website including (but not limited to) imarketmmart.com;
• By viewing an advertisement displayed on a third party website that is served content by our web server;
• By viewing an email that is served content by our or a third party web server.

When you visit our Website, we or our service providers log your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our website you view. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our website by clicking a non-paid source, such as a link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.

We will likely place a cookie on your browser during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. We do not use cookies to gather or store personal information from our Website visitors. Cookies are simply an identifier shared between you and us to allow us to improve the services we offer to you through our Website and may be used for targeted advertising. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser’s privacy or security settings section. However, please note, permanently disabling cookies in your browser may hinder your use of our Website as well as other websites and interactive services.

A web beacon, also known as a web pixel, is a small graphic (usually 1 pixel x 1 pixel) that is embedded in a web advertisement, email, or page on our Website, but is invisible to you. When you view a page on our Website, an email or an advertisement your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your movements on our Website in order to determine the effectiveness of content and advertising campaigns.

We do not collect personal information about you as part of a web visit unless you submit it through our Website, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.

Our advertising agencies may also use web beacons and cookies to track your activity on our Website originating from the advertisement. However, we will not provide your personal information to our advertising agencies. Our advertising agencies maintain their own privacy policies, and you should also review those.

More information about managing Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

3. LINKS TO NON-MARKETSMART WEBSITES

We may provide links to third-party websites for your convenience and information. The privacy and security practices of those sites may differ from MarketSmart’s practices and are not controlled by MarketSmart or covered by this Privacy Statement. We do not make any representations about third-party websites. We encourage you to review their privacy policies and security practices before submitting your personal information or using those sites.

4. PERSONAL INFORMATION RECEIVED FROM THE EU

Please refer here: https://imarketsmart.com/gdpr/ 

5. PRIVACY NOTICE FOR CALIFORNIA AND NEVADA RESIDENTS

This Privacy Notice for California and Nevada Residents (the “Notice”) supplements the information contained in our Privacy Statement and applies only if you reside in the State of California (you are a “California Consumer”) or the state of Nevada. Capitalized terms as used in this Notice but not defined have the meanings assigned to such terms in our Privacy Statement.

For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, personal information to another business or a third party for monetary or other valuable consideration.

You may have heard of the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (together, the “California Privacy Laws”). MarketSmart is a “service provider” on behalf of its customers under the California Privacy Laws with respect to most personal information relating to California Consumers that it receives or processes. We do not collect this information on our Website, but rather in connection with our donor engagement platform and tools that we operate for our non-profit customers as provided in our contracts with them. MarketSmart also receives in its own capacity a small amount of business information (such as name, title, business email address, business telephone number, and the contents of business-related communications) (collectively, “Business Information”) from California residents who are employed by or perform services on behalf of current or prospective customers and vendors of MarketSmart; with respect to this Business Information we are a “business” under the California Privacy Laws.

MarketSmart complies with the obligations of a “service provider” under the California Privacy Laws and with the confidentiality obligations in our customer contracts as they relate to information about California Consumers we receive on behalf of our customers. MarketSmart complies with the obligations of a “business” with respect to the Business Information.

MarketSmart does not sell the personal information of California Consumers or Nevada residents, and it will not disclose such information to third parties for their own marketing purposes without obtaining the prior express consent of the individuals involved.

If you are a California Consumer or a Nevada resident and have any questions about our privacy practices or how we collect, use and disclose your personal information, please email us at info@imarketsmart.com.

6. SENSITIVE INFORMATION

We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

7. CHILDREN’S ONLINE PRIVACY PROTECTION

Our services are not designed for or directed to children under the age of 18, and we will not intentionally collect or maintain information about anyone under the age of 18.

8. WHAT DO WE USE THIS INFORMATION FOR?

We may use your information to respond to and process your service requests; handle orders; improve our online operations; deliver products, services, newsletters, publications and information you have requested; process payments; communicate with you about orders, transactions or your relationship with us; provide access to secure areas of the Website; deliver advertisements and other communications to you containing information or offers that might be of interest to you; personalize your visit to our Website; enable us to review develop and continually improve the products, services, information and offers we provide online; and as training aids for our employees. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.

At present time MarketSmart does not accept credit cards as payment for services. We do not ask visitors to enter credit card or account information through the Website in order to process orders for services.

• In addition, we use web visit information to measure interest in and develop our web pages and marketing plans, customize the content you view on your web visits based on your activity on past visits, and administer our Website. For example — We use the visitors’ IP address to help diagnose problems with our servers, and to administer our Website.
• We use cookies to help us recognize visitors as unique visitors (identified by a number) when they return to our websites For example, if there are 1,000 visits to our website on a certain day, we can use cookies to discover how many of those visits were made via the same browser (same visitor). We may also use the cookie to discover whether a certain visitor has visited our site more than once, and the source for each visit. We also use cookies to: allow us to tailor content or advertisements to match your preferred interest; avoid showing visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our Website (we cannot identify visitors personally in this way); and count the number of anonymous users of our sites.
• We use web beacons to count the number of times that our advertisements and web-based email content are viewed. We combine web beacon information with cookies to track activity on our website originating from advertisements and web-based email content.

We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. Information you submit in writing, such as chat, email, and web form information may be tied to information that we collect about your web visits. Your telephone call or our video conference with you may be recorded for purposes of training, quality assurance and/or facilitating the sales process. We may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.

9. DISCLOSURE OF PERSONAL INFORMATION

We will not authorize the release of your personal information to anyone outside MarketSmart except as discussed in this section, unless you have consented to such disclosure. We may disclose personal information to third party service providers to MarketSmart who perform functions on our behalf such as web hosting, provision of data storage, conducting audits, marketing of our products and services, and processing of payments, but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and   they will be required to keep it confidential. We may also disclose your personal information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of our Website, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

Finally, we reserve the right to transfer information (including your personal information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Website, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our Website.

10. OPTING OUT OF COMMUNICATIONS

MarketSmart gives you an opportunity to choose to opt-out of receiving future marketing mailings. We will not use your contact information to correspond with you about our services if you ask us not to, although we may still need to send you transactional or account-related communications (such as notices about your account or confirmation of transactions) if you have an account or contract with us. You can opt out of receiving marketing emails from us by clicking on the “unsubscribe” link in the emails. Otherwise please send your request to info@imarketsmart.com. Please note that it may take up to ten days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.

11. SECURITY OF YOUR INFORMATION

MarketSmart is committed to commercially reasonable approaches concerning security measures designed to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with limited access. Visitor textual information is encrypted during transmission, access to our company databases is granted only to MarketSmart employees, contractors and agents who have entered into and are bound by a confidentiality and nondisclosure agreement with MarketSmart and only on a need-to-know basis. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security.

12. TRANSPARENCY AND CHOICE; DO NOT TRACK SIGNALS

If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us at info@imarketsmart.com, and we will try to locate and correct or delete the information, or restrict its use, as appropriate. But, in any of these cases, we may need to retain it for legal reasons or for legitimate business purposes.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your personal information. In any case, where we provide information access, deletion and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware that if you request us to delete your personal information, you may not be able to continue to use aspects of the Website that require personal information in order to function. Also, even if you request that we delete your personal information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

In certain places on the Website where we request visitor contact information, we may provide you with additional choice as to how we use this information.

We support the development and implementation of a standard “do not track” browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized “do not track” feature is released, we intend to adhere to the browser settings accordingly.

13. INQUIRIES OR COMPLAINTS

If you have a question or complaint about this Privacy Statement or our information collection practices, please contact us at info@imarketsmart.com. We will investigate the matter and will attempt to resolve any privacy concerns that you may have.

14. CHANGES

Our business changes constantly and our Privacy Statement may also change from time to time. You should check our website frequently to see recent changes, which will become effective upon posting. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY STATEMENT, YOU MUST STOP USING THE WEBSITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY STATEMENT SHOWN BELOW). However, we will never materially change our privacy practices to make them less protective of personal information collected in the past without your prior affirmative consent.

This Privacy Statement was last updated on May 4, 2021.