Privacy Policy
Last Updated: Feb 1, 2024

Market and its parent company, Trust Software, Inc. (collectively, “we,” “us,” “our”), provide media network products and advertising technology services (together, “Services”). This privacy policy ("Privacy Policy") is designed to provide transparent responses to the most frequently asked questions about our information practices, allowing you to find answers to common privacy concerns and stay informed about how we collect, use, and disclose personal information, as well as the privacy-related options available to you.

I. What Personal Information Do We Collect About You?

(A) The personal information we collect falls into three basic categories: 

1. Personal Information You Provide
. We collect information (that may include personal information) that you provide directly or make available to us, which will ultimately be based on the Services you use, your method of accessing the Services, and how you otherwise communicate or interact with us. For example, you may share your name, business name, or email address with us in a number of instances, such as creating an account with Market, filling out a form on our website, or even applying for a job with us. 

2. Personal Information We Automatically Collect When You Use Our Services.
We automatically collect information about you (which may include personal information) when you access or use the Services, including: 

a. Device Information. We collect information about the devices you use to access the Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

b. Log Information. We collect information related to your access to and use of the Services, including without limitation, the type of browser you use, app version, access duration, pages viewed, the page that navigated you to the Services, and your IP address, which we may use to derive the approximate location of your device.

c. Information from Cookies and Web Beacons. We use cookies and web beacons to collect information to identify your device and provide insights about your use of the Services. For more information about cookies and how to disable them, see how you can control your data in the Your Choices section below.

3. Personal Information We Receive From Third Parties.  We collect data, which may include without limitation, demographic, behavioral, and search information from brands, customers, data marketing partners, and other third parties (each a “Third Party” or collectively, “Third Parties”) based on their interactions with the Services, including purchase patterns, browsing behavior, and point-of-sale data associated with Services.  Any information provided to us from or about Third Parties is governed by the Third Parties’ privacy and security policies and practices, and such Third Party is solely responsible for their information practices. This Privacy Policy does not apply to any Third Party’s website, app, or services. We collect and use information pursuant to the agreement we have with the respective Third Party. If you are an individual who uses such Third Party services and a California resident, please see the “Notice to California Residents” below to learn about the personal information we receive about you and your rights with respect to such information.


II. How Do We Use Your Personal Information?

(A) We use the personal information we collect to provide in the following ways to provide and improve the Services that support Third Parties:

1. To Personalize.
We use personal information to personalize your experience, show you customized content, and provide relevant promotional offers.

2. To Advertise. 
We combine the information you and third parties share with us to create richer data for such Third Parties to use, measure, and analyze the effectiveness of our Services. 

3. To Protect Your Account. We may use your personal information to verify your identity.

4. To Measure and Analyze.
This helps us better understand how you use them, enabling us to make improvements and enhance your experience.

5. To Communicate With You About Our Services.
We use the personal information we collect to keep you informed about our Services, which includes updates, changes to policies and terms, and other relevant information.

6. To Measure and Analyze.
We use personal information to measure and analyze the effectiveness of the Services.

7.  For Lawful, Legitimate Purposes.
We may use personal information for any other lawful, legitimate business purpose, including to conduct, manage, and grow our organization.


III. How and When Do We Share Your Personal Information?

(A) We share your personal information in the following circumstances:

1. With Third Parties.
We provide certain information to third parties, including our (i) service providers or partners who support, leverage, or collaborate with the Services on our behalf, and (ii) advertisers who may have products or services we think you may enjoy.

2. With Our Affiliates.
We may share your personal information with other companies and brands owned or controlled by Market, as well as with companies owned by or under common ownership with Market. 

3. When We Are Legally Required. We may retain, utilize, share, or disclose your personal information if we reasonably believe it is necessary to: (i) comply with relevant laws, (ii) respond to lawful requests and legal proceedings, (iii) safeguard the rights and property of Market, our agents, customers, and others, (iv) ensure the safety of our employees, agents, customers, or any other individuals, and (v) enforce any agreements you have with us.

4. As a Result of a Change in Ownership.
In the event of a sale, transfer, or any other disposition of our business, assets, products, or services (including shares in the company), we may transfer the personal information we have collected. 


IV. How Long Do We Keep Your Personal Information? 

We will retain your personal information for as long as necessary to fulfill our business purposes unless otherwise mandated or permitted by applicable laws.


V. Your Choices 

(A) You may have certain data rights under laws applicable to you.  Those rights may include the following:

1.Access, Correction, Portability. You may be able to edit some of your personal information, including your account information, through the Services. If you have any other requests, please send them to privacy@withmarket.com. We may ask you to verify your identity, and we may also reject your request to access or update your personal information for a number of reasons, including, for example, if the request risks the privacy of other users or is not required by law.

2. Marketing Opt-Out. If we send you marketing emails or promotional offers, we will let you know how to opt-out. Feel free to reach out to us directly as well at privacy@withmarket.com. 

3. Request to Opt-Out of Sale or Sharing. Depending on how the data is provided, You may (especially if you’re a California and Nevada resident) have the right to opt-out of the processing of personal data for purposes of targeted advertising or the sale of personal data. California residents also have the right to opt-out of the processing of personal data for purposes of targeted advertising. To opt-out, please contact us at privacy@withmarket.com. Please note that when you submit an opt-out, we do not know who you are within our systems, and your opt-out will only apply to personal data collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. 

4. Modifying Your Device Settings. Depending on your device and operating system, you can (i) configure your email settings to prevent the automatic downloading of images that may contain technologies used to track email interactions, and (ii) choose to set your browser to remove or reject browser cookies.  Disabling these technologies may result in certain features of the Services not working correctly. To learn how to do this, refer to your internet browser's "help" menu or visit http://www.aboutcookies.org/how-to-control-cookies.

5. Deleting Your Personal Information. If you wish to delete any other information or revoke any other permissions, please email us at privacy@withmarket.com, and our team will assist you accordingly. However, please be aware that deleting such personal information or revoking permissions may result in the loss of full functionality or availability of the Services. If you engage with the Services again, you may be opted into the Services again and will be required to opt-out directly with us again since you may be opted in through your interactions with multiple Third Party services. 

6. Exercising Your Rights. You can exercise your rights at any time by submitting a request to privacy@withmarket.com. We will respond to your request in accordance with our obligations under applicable privacy laws: California Residents. For California residents, We reserve the right to confirm your

a. California Residents. For California residents, We reserve the right to confirm your California residence to process your requests and will need to verify your identity to process your requests to exercise your rights. As part of this process, we may ask for your email or other forms of identification. If we are unable to verify your identity, we may deny your request in accordance with the CPRA. We will confirm receipt of your request within 10 business days and respond to your request within 45 days. We reserve the right to verify your California residence to process your requests and will need to confirm your identity to process your requests to exercise your rights. As part of this process, we may ask for your email or other forms of identification. If we are unable to verify your identity, we may deny your request in accordance with the CPRA.

b. Colorado, Connecticut, and Virginia Residents. For Colorado, Connecticut, and Virginia residents, if we refuse to take action on a request, you may appeal our decision within a reasonable period by contacting us at privacy@withmarket.com and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint as follows: (i) For Colorado residents, to the Colorado AG at https://coag.gov/file-complaint/; (i) for Connecticut residents, to the Connecticut AG at https://www.dir.ct.gov/ag/complaint/; (iii) for Virginia residents, to the AG at https://www.oag.state.va.us/consumercomplaintform


7. Authorized Agent Requests. To submit a request related to access, modification, or deletion of your personal information, or another party’s personal information as their authorized agent, you may also contact us at privacy@withmarket.com. Except for opt-out requests, we may require and we may not be able to honor your requests unless you provide additional information for verification and confirmation.


VI. Is Market for Kids? 

Market Audience. No, our Services are not intended for children under the age of 13 and we do not knowingly solicit or collect personal information from children under the age of 13.


VII. Will This Policy Change? 

Changes to Privacy Policy.
We reserve the right to update or modify this Privacy Policy periodically, at our sole discretion. If any material changes occur, we will indicate the "Last Updated" date at the top of the page if determined such notification is required by law. In certain instances, we may, at our sole discretion and as may be required by law, also provide additional notice in various ways, which may include a statement to our website homepage or sending you an email. By continuing to use the Services after the changes to this Privacy Policy have been published, you acknowledge that you have read and understood the updated policy and agree to review such Privacy Policy for any updates.


VIII. How Can You Contact Market?

Contacting Us.
If you have any questions about this Privacy Policy, please contact us at privacy@withmarket.com. Email communications are not always secure, so please do not include sensitive information in your emails to us.


IX. How Do We Handle Your Information Based On Where You Are?

(A) If you are located outside of the United States, please be aware that any information we collect may be processed and transferred to the United States and be subject to United States law.  By using Services or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information to and in the United States. 

(B) If you are a California, Nevada, Colorado, Connecticut, or Virginia resident and want to learn more about your information privacy rights, please see the applicable Notice below.

(C) While we do not operate outside of the United States and do not intend to collect data regarding EU citizens, to the extent we have data with respect to an EU citizen, we normally rely on our (or Third Parties') legitimate interests to collect and use such data, except where such interests are overridden by your data protection interests or fundamental rights and freedoms.  Our legitimate interests are described in more detail in the Notice to European Users section below with respect to such data. 


X. Notice to California Residents

(A) We are required by the California Consumer Privacy Act of 2018, as replaced by the California Privacy Rights Act (“CPRA”), to provide California residents an explanation of how we collect, use, and disclose their personal information, and of the rights we offer to California residents for that personal information.  For purposes of this section, “personal information” has the meaning given in the CPRA. The following sections describe our practices concerning personal information subject to the CPRA:


(B) Sale of Personal Information. Some of our disclosures of personal information may be considered a “sale” or “share” as those terms are defined under the CPRA. We may collect, sell, or share, data provided by you, or provided to us, to provide our Services, which may include selling or sharing such information to Third Parties. For details on your rights regarding sales and shares, see the Right to Opt-Out of Sales and Sharing section below. We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.


(C) Rights to Know, Correct, and Delete. The CPRA grants California residents the following rights:

1. Right to Know.  You have the right to know the following:

a. The categories of personal information that we have collected.
b. The categories of sources from which we collected personal information.
c. The business or commercial purpose for collecting, and/or selling, and/or sharing personal information.
d. The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared.
e. The categories of personal information we disclosed for a business purpose or sold or shared.
f. The business or commercial purpose for collecting or selling or sharing the personal information.
g. The specific pieces of personal information we have collected about you. 

2. Correction.  You have the right to correct inaccurate personal information we have collected from you.

3. Deletion.  You have the right to delete the personal information that we have collected from you

(D) Exercising Your Rights. California residents are entitled to exercise their Rights to Know, Correct, and Delete, as described in the Section above, free from discrimination. To learn how to exercise any of these rights, click this Your Choices link. 

(E) Right to Opt-Out of Sales and Sharing. To the extent we “sell” or “share” your personal information as those terms are defined under the CPRA, you have the right to opt-out of the sale or sharing of your personal information. To learn how to opt-out, click this Your Choices link. Please note that when you submit an opt-out, we do not know who you are within our systems, and your opt-out will only apply to personal information collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings.

(F) Authorized Agent. Consistent with California law, you may designate an authorized agent to make a request on your behalf. Except for opt-out requests, we will require proof of the agent’s permission to do so and may verify your identity directly. 

(G) Shine the Light.  California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship primarily for personal, family, or household purposes to provide certain information about the companies’ sharing of certain personal information with third parties for their direct marketing purposes during the preceding year (if any). You can submit such a request by contacting us at privacy@withmarket.com.  The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident. We may require additional information from you to allow us to verify your identity and we are only required to respond to requests once during any calendar year.


XI. Notice to Colorado, Connecticut, and Virginia Residents

(A) These additional rights and disclosures apply only to residents of Colorado, Connecticut, and Virginia. Terms have the meaning ascribed to them in the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Virginia Consumer Data Protection Act (“VCDPA”), as applicable. In your region, you have the following rights under applicable law:

1. To confirm whether or not we are processing your personal data;
2. To access your personal data;
3. To correct inaccuracies in your personal data;
4. To delete your personal data;
5. To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format.

(B) Exercising Your Rights. To learn how to exercise any of these rights, click this Your Choices link


XII. Notice to Nevada Residents

(A) Some of our disclosures of personal information may be considered a “sale” defined under Nevada privacy law. We could sell covered information provided by you or provided to us to provide our Services. If you wish to learn how to opt-out of the sale, click this Your Choices link.


XIII. Notice to European Users

(A) While we do not operate outside of the United States, to the extent your data as an EU citizen is somehow shared with us, the disclosures provided in this “Notice to European Users” section apply only to individuals in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).

(B) Personal Data.  Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. 

(C) Controller. The controller of your personal data covered by this Privacy Policy for purposes of European data protection legislation is Market at 8605 Santa Monica Blvd, PMB 71249, West Hollywood, California 90069-4109 US.

(D) Legal Bases for Processing.  The legal bases of our processing of your personal data as described in this Privacy Policy will depend on the type of personal data and the specific context in which we process it.  However, the legal bases we typically rely on are set out in the table below.  We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal data, contact us at privacy@withmarket.com.

Legal Basis
Service delivery
Processing is necessary to perform the contract governing our operation of the Sites or the provision of the Service, or to take steps that you request prior to engaging the Services.  Where we cannot process your personal data as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request. 
Marketing
Interest-based advertising
Processing is based on your consent where that consent is required by applicable law.Where such consent is not required by applicable law, we process your personal data for these purposes based on our legitimate interests in promoting our business, and showing you tailored relevant content.
For research and development
To create anonymous data
For compliance, fraud prevention and safety
These activities constitute our legitimate interests.
To comply with laws and regulations
Processing is necessary to comply with our legal obligations.
With your consent
Processing Purpose
Processing is based on your consent.  Where we rely on your consent you have the right to withdraw it at any time in the manner indicated when you consent or in the Service. 


(E) Use for New Purposes.  We may use your personal data for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal data for an unrelated purpose, we will notify you and explain the applicable legal basis. 

(F)
Sensitive Personal Data.  Unless we specifically request it, we ask that you not provide us with any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

(G)Retention
.  We retain personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting
requirements, to establish or defend legal claims, or for fraud prevention purposes.  When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

(H)Your Rights
.  European data protection laws give you certain rights regarding your personal data.  You may ask us to take the following actions in relation to your personal data that we hold:

You may submit these requests by contacting us at privacy@withmarket.com. We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here

(I) Cross-Border Data Transfer.  If we transfer your personal data out of Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal data under European data protection laws, we will do so. 
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