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MARKETMAN PRIVACY POLICY

Effective Date: December, 2020
In order to ensure transparency and give you more control over your Personal Data, this privacy policy (“Privacy Policy”) governs how we, MarketMan Inc. and our affiliates (together, “MarketMan” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about our you (“you”) such as in the following use cases:

(i)	When you browse or visit our website, https://www.marketman.com/ (“Website”).

(ii)	When you make use of, or interact with, our Website:

a.	When you request a free trial or a product demo;
b.	When you subscribe to our distribution list(s) / newsletter(s) / blog(s);
c.	When we process your job application.
d.	When you contact us (e.g. customer support, need help, submit a request).

(iii) When you make use of, or interact with, our mobile software application, and any other software application, that we license (each individually, and collectively, the “App”):

a.	When you create an account and when you log in; and
b.	When we use the Personal Data of our customers.

(iv) When you attend a marketing event and provide us with your Personal Data, including when you exchange business cards with us.
(v) When we use the Personal Data of our service providers and our suppliers (e.g., contact details).
(vi) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn).

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

Table of contents:

  1. What Personal Data we Collect, Why we Collect it, and How it is Used
  2. Period of Storage of Collected Personal Data
  3. How we Protect your Information.
  4. How we Share your Personal Data
  5. Additional Information regarding Transfers of Personal Data
  6. Your Privacy Rights; How to Delete your Account.
  7. Use by Children
  8. Interaction with Third Party Products
  9. Log Files
  10. Analytic Tools
  11. Specific provisions applicable under California privacy law
  12. How to Contact Us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Specific Personal Data we collect Why is the Personal Data collected and for what purposes? Legal basis (GDPR only, if applicable) Third parties with whom we share your Personal Data Consequences of not providing the Personal Data Data Retention
When you browse or visit our Website
Cookies, analytic tools and log files

For more information, please read our cookies policy link

For the Website to function properly,

to analyze and improve your use of the Website

for debugging purposes

For marketing purposes

Legitimate interests

Consent

Google Analytics;
Google Firebase Analytics; and
Microsoft Azure.
Cannot collect and store the information

Certain Website features may not be available.

We cannot customize your Website experience, or offer you our services.

We retain Personal Data collected through analytics tools, if collected, for a period of 12 months.
When you make use of, or interact with, our Website
When you request a free trial or a product demo
  • Full name
  • Email address
  • Phone number
  • Company name
To schedule a demo

To allow you to experience our products and/or services

To send marketing communications

Legitimate interests

Consent

Zoho;
Instapage
Cannot provide a demo

Cannot send you marketing communications

We retain the Personal Data you provide in connection with such requests for a period of seven (7) years following the termination of the free trail unless you become a customer of ours.
When you subscribe to our distribution list(s) / newsletter(s) / blog(s)
  • Full name
  • Email address
  • Country
To add you to our mailing list and keep you updated of new services, features and functionalities as well as updates about our services and products

To send marketing communications

Legitimate interests

Consent

Zoho; and Mailchimp Cannot add you to our mailing list and keep you updated

Cannot send you marketing communications

We retain the Personal Data you provide in connection with such communications for a period of up to seven (7) years after unsubscribing.
When we process your job application
  • Full name
  • Email address
  • Resume
To review your application; and

to contact you in order to further interview you via phone, video conferencing or in-person

Legitimate Interests Microsoft Azure We will not be able to review your application We retain the Personal Data you provide in connection with such requests for a period of seven (7) years from the date you provide such information.
When you contact us (e.g. customer support, need help, submit a request).
  • Full name
  • Email address
  • Phone Number
  • Any other data you decide to provide/supply
To process and answer questions.

To provide support (e.g., to solve problems, bugs or issues) and handle your complaints and/or feedback

Legitimate interest (e.g., respond to a query sent by you) Zoho;
Zendesk; and
Totango
Cannot assist you and respond your query

Cannot provide support and handle your complaints and/or feedback

We retain such information for a period of seven (7) years, in order to respond to related requests you may make in the near future.
When we use the Personal Data of our customers (including when you open an account and log in)
  • Full name
  • Email address
  • Phone Number
  • Any other data you decide to provide/supply
To provide our products and services

To perform the applicable agreement

To communicate with our customers/clients

Processing is necessary for the performance of a contract to which our customer is a party or in order to take steps at the request of the data subject prior to entering into a contract

Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).

Legitimate interest (e.g. send you contract-related communications)

Zoho;
Zendesk;
Totango; and
Microsoft Azure
Cannot provide the services and/or our products

Cannot perform the agreement

Cannot communicate with you

We retain such Personal Data for a period of seven (7) years after the termination of our relationship, or after termination of the account, in order to exercise any legal rights we may have in connection with the agreement or our relationship, or, if no such agreement is executed, for a period of seven (7) years from the time the information is received.
When you attend a marketing event and provide us with your Personal Data, including when you exchange business cards with us
  • Full name
  • Email address
  • Company name
  • Job position
  • Phone numbers
  • Any other data you decide to provide/supply
To establish a business connection

To send marketing communications

Legitimate interest (e.g., send you more information about us)

Consent

Zoho;
Mailchimp
Cannot establish a business connection

Cannot send marketing communications

We retain such Personal Data for a period of seven (7) years after the termination of any agreement we may have with you in order to exercise any legal rights, we may have in connection with the agreement or our relationship, or, if no such agreement is executed, for a period of seven (7) years from the time the information is received.
When we use the Personal Data of our service providers and our suppliers
  • Full name
  • Email address
  • Company name
  • Job position
  • Phone numbers
  • Any other data you decide to provide/supply
To contact our service providers and suppliers

To perform the applicable agreement

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Legitimate interest (e.g. perform the contract, send contract-related communications)

Google Cannot communicate with you

Cannot perform the applicable agreement

We retain such Personal Data for a period of seven (7) years after the termination of any agreement we may have with you in order to exercise any legal rights we may have in connection with the agreement or our relationship, or, if no such agreement is executed, for a period of seven (7) years from the time the information is received.
When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
  • Full name
  • Email address
  • Social media handle
  • Any other data you decide to provide/supply
To reply and/or respond to your request or question

To establish a first business connection/discussion

Legitimate interest (e.g. send you more information about MarketMan) Zoho Cannot reply or respond to your request or question.

Cannot establish a business connection

We retain the Personal Data you provide in connection with such requests for a period of seven (7) years from the date you provide such information.

Finally, please note that abovementioned Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may also anonymize your Personal Data. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

* Additional Information on Data Retention. Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually. Regarding retention of cookies, you can read more in our cookie policy (available in the link provided above).

2. HOW WE PROTECT YOUR INFORMATION

We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

3. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described in the table above, we may share your Personal Data as follows:

3.1.	To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
3.2.	If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
3.3.	In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events; and/or 
3.4.	Where you have provided your consent to us sharing or transferring your Personal Data to a third party (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

For more information on our recipients, please contact us at: [email protected]

4. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

4.1.	Internal transfers: We ensure transfers with the affiliated companies of MarketMan will be covered by an agreement entered into by members of the MarketMan group which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to. 
4.2.	External transfers: 
•	Where we transfer your Personal Data outside of the EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments and or assurances from them to protect your Personal Data or rely on adequacy decisions issued by the European Commission. Some of these assurances are well recognized certification schemes like the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en; and
•	Israel, where our parent company is located.
•	The United States, where we are located as well as where Zoho Group, Instapage, Mailchimp, Microsoft Corporation (Microsoft Azure), Zendesk and Totango store information on our behalf. The transfer of data to each of these entities is subject agreements which include the obligations with respect to the processing of Personal Data in the form approved by the EU Commission and all certify compliance with the US-EU Privacy Shield Framework for the protection of Personal Data.
•	Google stores information collected through Google Analytics in various locations around the world. Google LLC certifies that it complies with the US-EU Privacy Shield Framework for the protection of Personal Data.
•	Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

5. YOUR PRIVACY RIGHTS; HOW TO DELETE YOUR ACCOUNT

5.1.	Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
•	You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
•	You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading;
•	You have the right to request the erasure/deletion of your Personal Data (e.g., from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;
•	You have the right to object, to or to request restriction, of the processing;
•	You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
•	You have the right to object to profiling;
•	You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please  note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
•	You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
•	You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

You can exercise your rights by contacting us at [email protected] Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
5.2. Deleting your account: Should you ever decide to delete your account, you may do so by emailing [email protected] If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. Please note that if you do not notify us of your request to delete your account, you may continue receiving service notifications, even if you are no longer an employee of our customer.

6. USE BY CHILDREN

We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any Personal Data to us. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at [email protected]

7. LOG FILES

We use log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

8. ANALYTIC TOOLS

•	Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. The legal basis for our collection, receipt and use of such data is our legitimate interest. We retain this information for a period of 12 months. 
•	Google Firebase Analytics. The Website uses Google Firebase Analytics in order to better understand our users’ interaction with our Website and to optimize this service and experience. Google Firebase uses cookies and other technologies to collect data on our users’ behavior and their devices. Neither Google Firebase nor we will ever use this information to identify individual users or to match it with further data on an individual user. The legal basis for our collection, receipt and use of such data is our legitimate interest. We retain this information for a period of 12 months. For more information about Google Firebase data services for its customers like us, please visit http://firebase.google.com/support/privacy.
•	Microsoft Azure. The Website uses Microsoft Azure analytics in order to better understand our users’ interaction with our Website and to optimize this service and experience. Microsoft Azure uses cookies and other technologies to collect data on our users’ behavior and their devices. Neither Microsoft Azure nor we will ever use this information to identify individual users or to match it with further data on an individual user. The legal basis for our collection, receipt and use of such data is our legitimate interest. We retain this information for a period of 12 months. For more information about Microsoft Azure data services for its customers like us, please visit https://privacy.microsoft.com/en-us/PrivacyStatement. 

9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

9.1.	Access Requests. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] Please note that we are only required to respond to one request per customer each year.
9.2.	Deletion Of Content From California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. To remove, please send an email to [email protected] Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
9.3.	Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information, subject to applicable law, about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.
9.4.	CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at:

MarketMan Inc.
530 7th Avenue, New York NY 10018, USA
[email protected].
***