MarketSmart^™ Privacy Policy for Mercy for Animals Donors

Last updated: October 28, 2021

Thank you for visiting this website. MarketSmart, L.L.C., a Maryland limited liability company (“MarketSmart”, “we”, “us” or “our”), is committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for its donor engagement platform and services (including this website or survey page, MarketSmart’s donor emails, and any other tools, products, or services provided by MarketSmart that link to or reference this Privacy Policy) (collectively, the “Services”). The Services are owned by MarketSmart and are operated on behalf of our customer Mercy for Animals (“Nonprofit Customer”). You can view Mercy for Animals’ main privacy policy here.

This Privacy Policy applies to information MarketSmart collects through the Services, as well as other information provided to us online or offline by Nonprofit Customer when we associate that information with users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that is shared with Nonprofit Customer, that you ask us to share with other third parties. You acknowledge and agree that MarketSmart is not responsible for the data collection or use practices of Nonprofit Customer or any other third party (other than MarketSmart’s service providers, as described in Section 4 below). Please consult Nonprofit Customer’s privacy policy for information about how Nonprofit Customer collects, uses and discloses your information and your choices with respect to these activities.

This Privacy Policy describes, among other things:

• Personal and other information we collect about you;
• How we use your information;
• How we may share your information with third parties; and
• Your choices regarding the personal information we collect about you.

 

If MarketSmart’s contract with Nonprofit Client contains provisions that impose greater obligations of confidentiality and privacy for your information than this Privacy Policy, then we will honor the provisions of that contract if there is a conflict with this Privacy Policy.

 

1. Consent

By accessing or using the Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Services. Information gathered through the Services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those . The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or MarketSmart are deemed to occur in the United States, where our servers are located.

Please note that the Services are not intended to be accessed or used in the European Economic Area or Switzerland. If you are a resident of any of these countries, please do not use the Services or provide us with your Personal Information.

2. Collection of Your Personal and Other Information

When you visit our website or use our Services, we may collect Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:

• Names(s);
• Address(es);
• Email address(es);
• Phone number(s); and
• Information contained in any material you submit to us, such as your intent to make a bequest.

 

You may choose not to provide Personal Information (subject to the controls offered by your mobile device’s operating system), but this may prevent you from receiving certain features of the Services.

We also receive Personal Information about you (including your name, your email address, and information about your prior donations and bequests to Nonprofit Customer) from Nonprofit Customer and other service providers acting on behalf of Nonprofit

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual. The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.

Examples of the non-Personal Information we or our Service Providers collect are:

• Your Internet Protocol (IP) address;
• The pages of our website or landing page that you viewed during a visit;
• What information or content you view or interact with using the Services;
• Language preferences;
• The city, state and/or country in which you are located (but not your precise geographic location); and
• Unique identifiers that are not connected and cannot reasonably be connected to your identity.

 

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information, which we may associate with Personal Information about you.

Information collected by the Services may be collected by us or one of our Service Providers.

3. Use of Your Information

We use your information in connection with boosting donor engagement and major gift fundraising efforts for Nonprofit Customer and to deliver other services as provided in our contract with Nonprofit Customer. More specifically, we may use the information we collect to:

• Assist us in providing, maintaining, and protecting the Services;
• Provide technical support for the Services and other assistance requested by donors of Nonprofit Customer;
• Improve our online operations;
• Assist Nonprofit Customer in planning, understanding the results of its fundraising activities, and learning about its donor base;
• Communicate with you, such as to provide you with communications relating to your use of the Services or Nonprofit Customer’s charitable or fundraising activities;
• Perform research and analysis aimed at improving our products and services which may be delivered to Nonprofit Customer;
• Comply with our legal obligations;
• Prevent or detect fraud or abuses of our Services; and
• Manage and maintain the systems that provide the Services.

 

4. Disclosure of Your Information

We may disclose your Personal Information to third parties as described below.

We disclose Personal Information to Nonprofit Customer as part of providing the Services on their behalf. We do this to perform our contract with Nonprofit Customer. For example, we will disclose to Nonprofit Customer bequests you inform to us that you intend to make and other information you provide to us in your communications with us. We also may disclose to Nonprofit Customer information gathered through cookies and other automated information gathering technology so that Nonprofit Customer can understand how you interact with the Services (including our website, survey pages, and emails) and content you are interested in. Additionally we may disclose Personal Information when you authorize or instruct us to do so. We may also disclose Personal Information and non-Personal Information to Service Providers. By “Service Providers” we mean companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as provision of data storage, hosting of our website or survey page, marketing of our products and services, transmission of emails, and conducting audits). When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information and non-Personal Information received from us only to provide their services to us or as required by applicable law.

We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We may also disclose non-Personal Information, which has been de-identified so that it cannot reasonably be linked to an individual and is aggregated with information about other users of our products and services, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

Please note that MarketSmart will not sell your Personal Information or share it with third parties (other than Nonprofit Customer) so that they can market to you.

5. Cookies and Automatic Information Gathering Technologies

Every time you use the Services (e.g., open an email, or access our website or survey page), we collect Personal Information and non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Services, we collect how, when, and which parts of our website or survey page or its features you use). Also, we may use your device’s unique identifier (UDID) or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “web beacons,” “pixels,” or “tags.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). A web beacon, pixel or tag is a small, usually-transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.

Your operating system and web browser may allow you to erase information stored in Cookies, Flash Cookies, and local browser storage. But if you do so, you may be forced to re-enter your Personal Information again and you may lose some preferences or settings. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it. We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use our Services. We may also associate information collected about your use of our website or survey page with information about your interaction with our emails, and we may associate any or all of this information with Personal Information you provide to us through the Services or that we receive from Nonprofit Customer or its other service providers.

Please be aware that Cookie management tools provided by your browser may not affect Flash Cookies. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

6. Transparency and Choice; Do Not Track Signals

You may contact us about your Personal Information by sending an email to info@imarketsmart.com. Please note that our contract with Nonprofit Customer may require us to notify them and/or follow their instructions if you make such a request. Where permitted by our contract, we will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons (including if required by our contract with Nonprofit Customer) or for audit or dispute resolution reasons. However, we are not able to control information that is in Nonprofit Customer’s possession, including information you or we have already shared with Nonprofit Customer. For these reasons, and because MarketSmart operates as a service provider on behalf of Nonprofit Customer, you should also contact Nonprofit Customer to exercise the options they provide for your Personal Information. Please consult Nonprofit Customer’s privacy policy for information about your privacy options and how to exercise them.

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

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

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

You can opt out of receiving marketing emails from us by clicking on the “unsubscribe” link in the e-mails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain non-commercial emails, such as confirmations of requests you have made.

7. Privacy Notice for California

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

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

You may have heard of the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (together, the “California Privacy Laws”). MarketSmart is a “service provider” on behalf of Nonprofit Customer under the California Privacy Laws with respect to any of your Personal Information that it receives or processes. MarketSmart complies with the obligations of a “service provider” under the California Privacy Laws and with the confidentiality and privacy obligations in Nonprofit Customer contracts as they relate to information about California Consumers. This means, among other things, that we will not sell your Personal Information, will not use it to market our own products or services, and will not disclose it to third parties other than Nonprofit Customer for their own marketing purposes.

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

8. Children

The Services are not intended for users under 18 years of age. We do not knowingly collect Personal Information from users under 18 years of age. We do not authorize users under 18 years of age to use the Services.

9. Information Security

We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information in our possession to our employees and Service Providers who need to know that information in order to operate, develop, improve or support our Services. If we share Personal Information with Service Providers, we require that they also use reasonable information security measures to safeguard your Personal Information, and only use your Personal Information for the purposes for which we share it with them.

10. Third Party Websites

Please note that the Services may link or integrate with third-party sites, services or apps, including Nonprofit Customer’s website. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

11. Changes to this Policy

We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will post a notice of the changes on our website or survey page prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).

12. Questions

To ask questions about our Privacy Policy or to lodge a complaint, contact us at:

MarketSmart, L.L.C.

1910 Towne Centre Blvd, Suite 250, Annapolis, MD 21401

Email: info@imarketsmart.com