THEMARSHALLEFFECT
PRIVACY POLICY
Effective Date: September 29, 2020

This document sets out the Privacy Policy (the “Privacy Policy”) of themarshalleffect (“themarshalleffect”, “we”, “our” and/or “us”).

  1. Overview.

    themarshalleffect knows that you care about how your personal information is used and shared, and we take your privacy seriously. By visiting this or another themarshalleffect website displaying this Privacy Policy or a link thereto (a “Website”, or collectively the “Website(s)”), or by otherwise interacting with us or using any of our products or services (our “Services”), you agree to accept the practices described in this Privacy Policy.

    The following information in this Privacy Policy is designed to help you better understand what information we gather from you and through your use of any of our Website(s) or Services, how we use and disclose this information, who we might share this information with, and to describe generally what security steps themarshalleffect takes.

    This Privacy Policy is further subject to any other written agreement related to any of our services for which you are a customer. Please read the following to learn more about how we use your personal information.

  2. Data Collection and Personally Identifiable Information.

    1. Overview and Definition of Personally Identifiable Information.In providing our Services or otherwise interacting with you through your use of our Website(s) or our Services, we may collect your personally identifiable information (“PII”). PII includes personal information such as the user’s name, email address, account profiles and passwords, IP address, telephone number, physical addresses, and anything else a user provides to us that can in any manner identify the user individually.
    2. Methods of Information Collection, Including Collection of PII.Your information, including your PII, and any other information you input via use of our Website(s) or Services may be collected through your direct interactions with our Website(s), email or written correspondence, telephone calls, or web based forms or from third party providers.We also may place a “cookie” (a small file) on your hard drive during your access to any of our Website(s) or use of our Services to help us identify the number of unique visitors to our Website(s), learn what our users’ technology preferences are, monitor the functionality of our Website(s) and/or Services, help with authentication/login and otherwise improve our Services.

      We may also use “local storage”, a feature of your browser, to retain information locally regarding your usage to improve our Services. If you do not wish to have cookies placed on your computer or do not wish for us to use “local storage” you may adjust your web browser settings accordingly. If adjustment is not feasible, you may elect to refrain from using our Services or accessing our Website(s). Please be aware that restricting cookies may impede your ability to use our Site or our Services or certain features of our Site or our Services.

      Like most Internet services, we use log files on the server side. The data held in log files includes your IP address, browser type, email application, Internet service provider (“ISP”), referring/exit Web pages, computer platform type, date/time stamp, and user activity. The Company uses server log data to analyze trends, administer the Services offered through our Website(s) and otherwise administer our Website(s).

      The software enabling the Website(s) and the Services has associated log and temporary files that are stored on Company controlled servers. These files may store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site and/or use the Services. Your information may also exist within regularly performed server backups.

      Additionally, if you log-in to any of our Services using a 3rd Party Authenticator (as defined in Section 5 below), we may receive and collect your third party service log-in, email, profile picture, and/or other information transmitted by such 3rd Party Authenticator to us.

      This Website may display Google AdSense content ads. Google has begun using its DoubleClick DART cookie (the “DART Cookie”) related to these content ads. If and when a user of this Site views or clicks on an AdSense content ad displayed on this Site, a DART Cookie may be dropped on that user’s browser. The data gathered from these DART Cookies are used by Google to help better serve and manage the ads on our Site and across the web based on the user’s visit to our Site and other website(s) on the Internet. You may opt out of the use of the DART Cookie by visiting the Google ad and content network privacy policy, and learning more at Google Cookie policy.

    3. Use and Disclosure of PII.We use your PII to (i) create any applicable user accounts, (ii) communicate with you about Services you have purchased, (iii) offer you additional products and services, (iv) allow use of the Sites and the applicable Services you have purchased, (v) process service requests, (vi) provide access to secure areas of the Sites, (vii) send invoices for our Services and process payments related thereto, and (viii) ensure compliance with intellectual property and other applicable laws. We also use PII to the extent necessary to enforce all applicable agreements with you (“Use Agreements”), monitor adherence to all applicable Use Agreements, and to attempt to prevent and/or detect fraud, as well as to allow third parties to carry out technical, logistical or other functions on our behalf as long as those third parties have agreed to use the level of privacy protections commensurate with industry norms.For example, your account information is stored on servers controlled by the Company and if you forget your log-in password, you will be asked to enter your email address on record with the Company in order to gain access to the applicable Website or Service. Moreover, we collect additional information from you when you provide us with on-line comments or feedback via our Website(s) or via our Services or post information about yourself or others to a Website or via the Services. This information, if any, is available to others accessing the Website or Service (as applicable). We work to process and maintain accurately the information that you share with us and will use commercially reasonable efforts to allow you the ability to change or modify your user information in order to enhance your ability to use our Websites and the Services you have purchased.

      Additionally, when you purchase or subscribe to a Service, we collect your contact information (such as your address) and may collect your financial information (such as your credit/debit card information). We use the information you provide only to complete that Service order or to otherwise fulfill the Service. We do not share this information with unaffiliated parties except to the extent necessary to complete that transaction. If we have trouble processing an order, we use the information to contact you. For clarification, we may use third party vendors to process payment transactions (the “Payment Processors”) and you agree to such use and understand that the terms and conditions (and privacy and security policies) of such vendors shall govern and control for all purposes with respect to all applicable payment processing transactions related to your purchases. By using our Services, you understand and agree that we have no liability for the action, behaviors or failings of our Payment Processors.

      We do not rent or sell your PII to anyone and we share your PII only as described below.

      Advertisers: We may allow advertisers to choose demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you (including, without limitation, information you may have decided not to show to other users or your PII) to select or allow the advertiser to select the appropriate audience for those advertisements.

      Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items or services to you through the Website. In other situations, themarshalleffect may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your PII that is related to such transactions with that affiliated business.

      Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to administer the Website and provide Services to you. Unless we tell you differently, our agents do not have any right to use PII we share with them beyond what is necessary to assist us. You hereby consent to our sharing of PII for the above purposes.

      User profiles: User profile information including users’ name, email address, and other information you may enter (“User Submissions”) may be displayed to other users to facilitate user interaction within our Website(s) or Services. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by us, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.

      Communication in response to User Submissions: As part of our Website(s) and Services, you will receive from themarshalleffect email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, themarshalleffect may send you email and other communication that it determines in its sole discretion relate to your User Submissions.

      Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if themarshalleffect, or substantially all of its assets were acquired, or in the unlikely event that themarshalleffect goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of themarshalleffect or its assets may continue to use your PII as set forth in this Privacy Policy (or a subsequent Privacy Policy adopted and published by any such acquirer).

      Protection of themarshalleffect and Others: We may release PII when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of themarshalleffect, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.

      With Your Consent: In addition to the matters set forth above, we may also share your PII upon receipt of your consent.

    4. Hosted Data.Through its Services, the Company provides technology hosting services used to host a variety of internet-based solutions, including internet-based communications and applications (including website hosting) as well as other information your users input via use any website operated by you that the Company hosts. As a result, the Company’s hosting services store and transmit information about our customers, their business, as well as information collected or inputted by those businesses (the “Hosted Info”). Hosted Info may include PII and other information that belongs to you and/or your employees or other service providers and/or your end-users.With respect to all Hosted Info, the Company is a passive recipient and takes no active part in collecting or storing any Hosted Info. Moreover, except in extraordinary cases or to the extent necessary to render the Services to you, the Company does not purposefully access any Hosted Info.
    5. General Security Overview and Disclaimers.Substantially all information themarshalleffect receives from you or via your use of our Website(s) or Services are copied, stored and managed through computer servers owned or controlled by themarshalleffect. While we attempt to employ security techniques to protect your personally identifiable information from unauthorized access by users inside and outside the organization, you should be aware that “perfect security” does not exist on the Internet; third parties may unlawfully or improperly intercept or access transmissions, personal information, or private communications. As such, we cannot make any assurances that a security breach will not occur that may expose your personally identifiable information to others.For example, our servers are not located at themarshalleffect but rather are managed and located at a third-party Infrastructure-as-a-Service provider (an “IAAS”). We have taken commercially reasonable steps to choose a professional IAAS provider but we cannot guarantee the performance of the IAAS provider, its security measures, or the actions or inactions it takes in the future. By using our Website(s) or Services, you understand and agree that we have no liability for the action, behaviors or failings of our IAAS provider or any of our other subcontractors.

      Also, please understand that except with respect to online payment information described below, themarshalleffect does not encrypt in any manner any information you choose to share or distribute through use of the themarshalleffect Platform.

      With respect to on-line payments, if any, we use encryption and secure https protocol to communicate with your browser software, which guards against interception of on-line payment and/or credit card information you give us.

      Your PII may also be protected by a password chosen by you for your privacy and security. You need to ensure that there is no unauthorized access to your account and PII by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

      The Website(s) may contain links to other Website(s). We are not responsible for the privacy policies and/or practices on other Website(s). When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on our Website(s) or via our Services.

      Additionally, we may use third party sign in providers to authenticate users of our Services, such as Google Signin and OneLogin (the “3rd Party Authenticators”). You understand that your information (including PII) may be made available to and stored by such 3rd Party Authenticators and by using our Services, you understand and agree that we have no liability for the action, behaviors or failings of our 3rd Party Authenticators.

  3. Access; Avoidance of Sensitive Information; COPPA Compliance.

    Upon request, we will grant you reasonable access to your PII held by us. In addition, we will take reasonable steps to permit you to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. We will not intentionally collect or maintain, and request that you please do not provide, any information regarding any medical or health conditions, your race or ethnic origins, political opinions, your religious or philosophical beliefs, or other such information. Use of our Website(s) and our Services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

    By contrast, themarshalleffect’s obligations with respect to personal data (including PII) for which we are solely a data processor, we receive such personal data from the EU merely as an agent to themarshalleffect’s customer for processing and are not required to apply Safe Harbor Principles to that information. For example, when our customers store or transfer, using our technology hosting services, any personal data, our obligations are defined solely in its written agreements with our customers and themarshalleffect’s obligations related to such personal data is not included in this Privacy Policy. Moreover, our customer will remain responsible for the personal data that it collects and processes (with or without use of the our technology hosting services) and for the compliance with applicable data protection laws.

    Generally, themarshalleffect maintains all information you submit to us until you proactively change or delete it or otherwise terminate your relationship with us. This allows us to ensure full functionality of our Website(s) and Services. Moreover, user content can be shared and reposted by third parties or otherwise cached via third-party operators having no affiliation with themarshalleffect, making it impossible to delete some content once it has been submitted by a user.

  4. Choices; Opt Out Policy and Your California Privacy Rights.

    As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of or register for certain features of our Website(s) or Services. You are able to add or update certain information on pages, such as those listed in the “What PII Can I Access?” section of this Privacy Policy. When you update information, however, we often maintain a copy of the unrevised information in our records. You may request deletion of your customer account(s) with us by sending an email to answers@themarshalleffect.org. Please note that some information may remain in our records after deletion of your account. If you do not wish to receive email or other mail from us, please indicate this by changing your account settings, if applicable, or by unsubscribing to our mailing list. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of our Website(s) and Services, and you are responsible for reviewing such legal notices for changes.

    Moreover, if you reside in California, the following additional provisions apply to you:

    You can prevent future disclosures for direct marketing purposes of your personally identifiable information, at no charge, by exercising your “opt out” rights by using the “opt out” procedures described below:

    1. You can send email to: answers@themarshalleffect.org, or
    2. You can send mail to the following postal address:themarshalleffect
      Attn: Privacy Policy Agent
      1198 South Pitkin Way, Aurora, CO 80017
      Telephone: (970) 405-3328

    Additionally, upon receipt of any electronic communication from themarshalleffect, to unsubscribe from future communications, you can click on the link that says words substantially to the effect of “If you do not wish to receive these emails in the future, You can click here to unsubscribe.”

    Because themarshalleffect provides its California users with the ability to exercise his or her “opt out” rights as described above, pursuant to Section 1798.83 (c)(2) of the California Civil Code, themarshalleffect is in compliance with the California “Shine the Light” law and is not obligated to provide California users with the names and addresses of all the third parties that received personal information from themarshalleffect for the third parties’ direct marketing purposes during the preceding calendar year.

  5. Liability Disclaimer.

    While we endeavor to protect user information to ensure that user account information is kept private, we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. As such: THEMARSHALLEFFECT ASSUMES NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION LAWFULLY PROVIDED BY THEMARSHALLEFFECT TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS PRIVACY POLICY OR SUCH THIRD PARTY’S PRIVACY POLICY OR ANY AGREEMENT BETWEEN THAT THIRD PARTY AND THEMARSHALLEFFECT.

  6. Miscellaneous Provisions.

    1. Changes to this Privacy Policy.We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use PII, we will notify you by posting an announcement on our Website(s), any applicable sign-in screen related to our Services, or sending you an email. Users are bound by any changes to the Privacy Policy when the user uses the Website(s) or Services after such changes have been first posted.
    2. Governing Law.You agree that your use of this Privacy Policy and any disputes relating thereto, shall be governed in all respects by the laws of the State of California. Any dispute relating to this Privacy Policy shall be resolved solely in the state or federal courts located in Santa Clara County, State of California. You and themarshalleffect hereto expressly consents to the personal jurisdiction of, and venue in, such courts.
    3. Questions or Concerns.If you have any questions or concerns regarding privacy on our Website, please send us a detailed message at answers@themarshalleffect.org. We will make every effort to resolve your concerns.