PRIVACY POLICY

Last updated on July 13, 2020

Efficient Collaborative Retail Marketing Company, LLC (together with its affiliates, “ECRM”, “we”, “us”, and “our”) respect your concerns about privacy and personal data protection and we value our relationship with you. This Privacy Policy (the “Policy”) applies to the ECRM websites, all related online services and tools, ECRM mobile applications, and web pages that post and reference this Policy (collectively, the “Site”), whether accessed via computer, mobile device, or other device (collectively, “Device”). The Policy describes the types of information we collect through the Site and how that information may be, used and/or with whom it may be shared. Please read this Policy carefully, because by accepting this Policy or otherwise accessing, visiting or using the “Site”, you acknowledge and consent to the data collection and use practices described in this Policy.

1. COLLECTION OF INFORMATION

A. Purpose. Users can access limited features of the Site without directly providing personal information to ECRM. In order to access the entire Site, including certain special features, users must register for an account with ECRM, which will provide the registrant with full access to the Site, including access to, as applicable, the Site's forums, message boards, chat rooms, and virtual meeting solutions.

B. Information Sought During Registration. During the account registration process, you may be asked or choose to submit personal information that could reasonably be used to contact you or to identify you personally, including, but not limited to, your proper name, at least one active e-mail address, job title, address, phone number, password, username, company name, and business address.

C. Account Activity. We will collect data about how you use the Site and your account, for example, your preferences, the Site features you choose to use, and how you use those features, including without limitation forums, bulletin board services, virtual meeting tools and solutions, chat areas, message boards, news groups, communities, personal web pages, calendars, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”).

D. User Submissions. You are responsible for any and all content, remarks, messages, suggestions, ideas, graphics, and other information that you enter to, submit to, upload to, transmit or communicate using, or provide via the Site (collectively, “Submissions”), including audiovisual and other content made available through virtual meetings or other Communication Services. Submissions that you provide is posted on the Site at your own risk. We cannot guarantee that Submissions will not be viewed by unauthorized persons. You understand that, even after removal, copies of Submissions you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Site users. ECRM will make Submissions available, including publicly available, to other users of the Site, as applicable and at its sole discretion, and will use and disclose Submissions for the purpose for which it was provided as indicated at the point of collection.

E. Information Sought During Website Sweepstakes or Contests. When the Site offers sweepstakes or contests, you may choose to provide certain personal information to us to enter such sweepstakes or contest.

F. Automatically Collected Information. Along with the personal information that you provide to us directly, we may passively collect certain information as you navigate the Site, using various technologies. This information may include, but not be limited to: your IP address, Device information, screen resolution, Site usage, operating system, browser type, domain names, access times and referring website addresses, as well as data collected by analytics and advertising services as further discussed below.

G. We may combine the personal information you submit directly through this Site with other personal information we have collected from you, whether online or offline. We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources, and other third parties.

2. USE OF AND SHARING OF INFORMATION

ECRM collects, uses, and shares collected information (i) in order to operate the Site and to provide its online and electronic services; (ii) to respond to your inquiries and fulfill your requests, such as to send you documents you request or e-mail; (iii) for our business purposes, such as marketing new products and services, trouble shooting, data analysis, audits, developing new products or services, enhancing our Site, improving our products and services, identifying Site usage trends, and determining the effectiveness of our Site; (iv) with other registrants or our trusted third party business partners that are participating in the same event that you have registered for, or otherwise have requested certain event information, via print and online materials; and (v) with our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, credit card processing, IT services, VoIP services, customer support, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services.

The collection of your personal information during account registration enables ECRM to send you any requested newsletter(s) or to send you any requested mailings or offers. You will have the opportunity to unsubscribe to any and all Site newsletters and mailings at any time by updating registration account information online, or through links contained in such newsletters. Information concerning your geographical location is used to determine if ECRM should provide regionalized information to its customers.

Except as otherwise herein, the personal information collected from you on this Site will not be shared with any third-parties, although ECRM reserves the right to share such information with its affiliates and subsidiaries without your permission. ECRM sometimes hires other companies to provide limited services on our behalf, such as sending newsletters, providing customer service, provided IT services, and performing statistical analysis of our services. We will only provide those companies with the information that they need to provide us with such services, and we take reasonable efforts to prohibit them from using that information for any other purpose.

ECRM reserves the right to disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal process served on ECRM or the Site; (b) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (c) to enforce our Terms of Use; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain. We may also use and disclose personal information collected through this Site in other ways, with your prior consent. ECRM provides links to send e-mail messages to this Site for your convenience and your e-mail address is used so that this Site may reply to your inquiry. If we are involved in a merger, reorganization, joint venture, assignment, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

We use aggregate information, which does not identify individuals, to monitor customer traffic patterns to the Site and particular pages, as well as Site usage, in order to help us improve the design and layout of the content. In addition, we may use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. ECRM uses this information to maintain the quality of its service and to provide general statistics about Site visitors. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined.

Storage and Transfer of Personally Identifiable Information

ECRM may store and process in the United States or any other country in which ECRM or its affiliates, subsidiaries, or agents maintain facilities. By using Site, you consent to any such transfer of information outside of your country.

Retention

We retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

3. INFORMATION FROM OTHER SOURCES

We sometimes supplement the information that we receive that has been outlined in this Policy with information from other sources and companies. Such outside information includes updated delivery and address information from carriers or third parties, which enables us to correct our records and deliver information from this Site or future communications more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services.

4. INFORMATION SECURITY

We use reasonable organizational, technical, and administrative measures designed to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the contact information below.

5. USE OF COOKIES; ANALYTICS; ADVERTISING

This Site uses cookies to assist you with making your online experience more individualized. A cookie is a text file that is placed on the hard disk of your computer by a web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Cookies are used for convenience and to save you time when you next visit this Site. We and our service providers use this information to monitor and analyze use of the Site, for security purposes, to facilitate navigation, to display information more effectively, for the Site’s technical administration, to increase the Site’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. In addition, we use cookies to gather statistical information about Site usage in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies from this Site, you may also choose to be logged into the Site automatically. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Site or the other websites that you visit and you may experience technical problems receiving current information from such cookie-disabled websites. We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with personal information. For more information regarding the use of cookies, please review our Cookie Policy.

How We Respond to Do Not Track Signals

Some web browsers incorporate a “Do Not Track” (DNT) or similar feature that signals to digital devices that a visitor does not want to have his/her online activity tracked using cookies. Because not all web browsers offer DNT options and DNT signals are not yet uniform, we and many other website operators do not respond to DNT signals.

Google Analytics

We use a tool called “Google Analytics” to collect information about use of this Site. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. We use the information we get from Google Analytics only to improve this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting

From time to time the Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads. These services collect information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your personal information. These targeted advertisements may appear on the Site or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.

6. USE OF WEB BEACONS

The Site’s pages may contain electronic images known as web beacons - also referred to as single-pixel gifs - that permit ECRM to count users who have visited those pages and for other related statistics - (e.g., recording the popularity of certain content and verifying system and server integrity). Web beacons are not used to access your personal information on the Site; they are solely used to compile aggregated statistics concerning the use of the Site. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.

7. COMMUNITIES AND FORUMS OFFERED ON THIS WEBSITE

Any personally identifiable information, personally sensitive data, or other content (e.g., Submissions) that you disclose through the Communities, Forums, Message Boards, Chat Rooms, or other public online forums hosted on this Site, may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums.

8. USER ACCESS TO AND CONTROL OF INFORMATION

You can access some of the information that we collect and process about you. For example, you can access information regarding recent orders from the Site; personal information (including name, e-mail, password, communications preferences, address book); payment settings (including credit card information and gift certificates); e-mail notification settings; and prior order history. With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally, ECRM will send out e-mails concerning Site disruptions, new products and other news about ECRM's products and services. These e-mails are sent to all account holders and are not subscription-based. Such e-mails are considered a part of ECRM's service to the users of its Site. It is your responsibility to provide ECRM with accurate personal information. If applicable, and you would like to review, correct, update, or delete the personal information that you have provided via this Site, please contact us as specified below. We will try to comply with your request as soon as reasonably practicable.

Your California Privacy Rights

The California Consumer Privacy Act of 2018 (“CCPA”) grants California residents certain rights in regards to our collection of their personal information. These rights include:

• The right to be informed of (1) what personal information is collected, (2) the categories of sources from which personal information is collected, (3) the business or commercial purpose for collecting or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about the consumer;
• The right to request deletion of their personal information that has been collected; and
• The right to opt out of the sale of their personal information.

In the preceding 12 months, we have shared personal information for business purposes as described above in Section 2. In the preceding 12 months, we have not sold any personal information.

California residents may exercise these rights by submitting a verifiable request to us using the Contact Information set forth below or by calling 877-378-0808. We do not discriminate against a consumer because the consumer has exercised any of these rights.

Additionally, under California’s “Shine the Light Law”, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information on behalf of ECRM, please send an email message to privacy@ecrm.marketgate.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in the response. Please be aware that not all information is covered by the “Shine the Light“ requirements and only information on covered sharing will be included in our response.

9. CHILDREN

The Site is not directed to individuals under the age of 13, and we do not knowingly attempt to solicit or receive information from children under 13 years of age.

10. INTERNATIONAL USERS

This Policy is meant to guide ECRM with respect to personal information collected from or about you at this Site. While this Policy applies to personal information generally, the local laws, rules and regulations of jurisdictions that are applicable to ECRM (“Local Laws”) may require standards which are stricter than this Policy and, in such event, ECRM will comply with applicable Local Laws. Specific privacy policies may be adopted to address the specific privacy requirements of particular jurisdictions. All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our Site or by providing consent to us (where required by law), you specifically acknowledge and agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules, and a lower standard of required protection, than in your country. Irrespective of which country your personal data is transferred, we would only share your personal data under a ‘need to know’ basis. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by organizational, technical, contractual and/or other lawful means.

EU Data Subjects

In the European Economic Area and Switzerland (“EU”), “Personal Data” is defined very broadly and includes any information about a natural person, who can be identified, directly or indirectly, from data that we hold about them or from data that is combined with other information. EU data protection law requires us to have a legal basis before processing any Personal Data about you. The legal basis’ for us processing your Personal Data for the above purposes may be because: (i) you have provided your consent; (ii) it is necessary to for the performance of a contract with you; (iii) the processing is necessary for our compliance with a legal obligation; or (iv) the processing is in our legitimate interests. Personal Data regarding individuals who reside in a member state of the EU is controlled by ECRM Europe BV and processed on its behalf by ECRM. To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Data. In some circumstances, withdrawing your consent to ECRM’s use or disclosure of your Personal Data will mean that you cannot take advantage of certain ECRM products or services.

We may transfer your personal information outside the EU to the United States or any country that ECRM or its service providers may have operations. Such countries do not have the same data protection laws as EU. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the EU, any transfer of your personal information will be subject to a European Commission approved contract (as permitted under the General Data Protection Regulation) that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. To obtain a copy of the such safeguards please contact us.

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your use personal information
• Access to your personal information and to certain other supplementary information that this Policy is already designed to address
• Require us to correct any mistakes in your information which we hold
• Require the erasure of personal information concerning you in certain situations
• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
• Object at any time to processing of personal information concerning you for direct marketing
• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
• Object in certain other situations to our continued processing of your personal information
• Otherwise restrict our processing of your personal information in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

• Email, call, or write to us
• Let us have enough information to identify you
• Let us have proof of your identity and address
• Let us know the information to which your request relates

If you would like to unsubscribe from any email newsletter you can also click on the unsubscribe button at the bottom of the email newsletter. It may take a few days for this to take place.

How to Complain

While we hope that we can resolve any query or concern you raise about our use of your information, the General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

11. THIRD PARTY SITES AND SERVICES

This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or web property (including, without limitation, any application) that is available through this Site or to which this Site contains a link. The availability of, or inclusion of a link to, any such site or property on this Site does not imply endorsement of it by us or by our affiliates.

12. REVISIONS AND COMPLIANCE

ECRM reserves the right to occasionally update this Privacy Policy. At such time, ECRM will also revise the "last updated" date at the beginning of the Privacy Policy. We recommend that you periodically review this Privacy Policy.

ECRM will use a self-assessment approach to verify compliance with this Policy and periodically verify that the Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible. If you believe that your personal information has been processed or disclosed in violation of this Policy, ECRM encourages you to raise any concerns using the contact information provided in this Policy. ECRM will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information.

13. CONTACT INFORMATION

If you have any questions about this Policy, please contact us via one of these methods:

by phone please call (440) 498-0500 (Monday to Friday, 8am – 5pm EST);

or by e-mail at privacy@ecrm.marketgate.com;
or please write to the following address:

Attn: Privacy Compliance
Efficient Collaborative Retail Marketing Company, LLC
27070 Miles Road, Suite A
Solon, OH 44139