Privacy Policy

Last Modified: April 10, 2024

Introduction

Market Access Direct, LLC, with offices at 5 Eves Drive, Suite 160, Marlton, New Jersey 08053, together with its affiliates and subsidiaries (“Company,” “MADirect,” “we, “our,” or “us”), respect your privacy and are committed to protecting it through our compliance with this policy as set forth below.

This policy (“Privacy Policy”) describes our practices for collecting, using, maintaining, protecting, and disclosing personal information.

This Privacy Policy applies to information that we collect:

On the website at http://www.marketaccessdirect.com (the “Website”) or the services made available at or through the uniform resource locator (“URL”) http://mymadcrm.com as well as any related mobile- and web-based applications and tools, products, or services (the “Services”). which we make available for the use of each registered user (“Customer”);

In electronic mail, text, and other electronic messages between you and the Website or via the Services;

Through integrations with third party calendar applications;

Through our mobile and desktop applications you download from this Website or an application store, which provide dedicated non-browser-based interaction between you and the Website or otherwise facilitate your access to the Services; and

When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links or references to this policy.

This Privacy Policy does not apply to information that is collected by:

Information gathered through the Website or 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 Website or Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. 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 Website or Services or MADirect, including the operation of the Services, are deemed to occur in the United States, where our servers are located.

Children Under the Age of 18

Our Website is not intended for children under eighteen (18) years of age. No one under the age of 18 may provide any information to or on the Website or via the Services. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, do not use, access, or interact with the Services, and do not use or provide any information to or on the Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself or any third party to us, including your name, address, telephone number, electronic mail address, or any screen name or user name that you may use. If we learn that we have collected or received personal information from a child under the age of 18 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under the age of 18, please contact us at https://marketaccessdirect.com/contact-us/.

Please be advised that, notwithstanding the restrictions in the previous paragraph, California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of personal information. Please see the Your California Privacy Rights section below for more information.

Information We Collect About You and How We Collect It

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

Names;

Personal or business addresses;

Email addresses;

Phone numbers;

Social Security numbers;

Government-issued identification numbers;

Message and correspondence content;

Search queries;

Details of transactions you carry out through the Website or via the Services, and of the fulfillment of your orders, requests, or other interactions. You may be required to provide financial information before placing an order through the Website or otherwise accessing features of the Services; and

Your search queries or database access requests on the Website or via the Services.

You also may provide information to be published or displayed ("Posted", "Posting", "Post") on public areas of the Website or via the Services, or that otherwise may be transmitted to other users of the Website or the Services or to third parties (collectively, "User Contributions"). Your User Contributions may be Posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons or other third parties to whom you do not wish to convey such User Contributions.

Certain aspects of the Services may also access certain features of your mobile device, including its camera, location services (GPS), microphone, contacts, and collect information from those features, such as photographs, videos, your precise location, audio recordings, and contact information. You consent to this access.

We also collect user experience recordings, which reproduce your interactions with the Services, including mouse movements, page scrolling, and information you type (including Personal Information), screen taps, and other actions you take while using the Services. Recordings may include technical and usage data, as well as visual representations of actions you take while using the Services. We use these recordings to help us understand how users interact with our Services and to design a better user experience for you or help identify issues you bring to our attention. You consent to our collection and use of user experience recordings.

You may choose not to provide Personal Information or prevent the Services from accessing certain features of your mobile device, (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 collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual (“Non-Personal Information”). 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 collect are:

The pages of our website that you viewed during a visit or the features of the MADirect mobile app you use;

What information, content or advertisements you view or interact with using the Services;

Language preferences;

The city and state 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.

Information collected by the Services may be collected by us or one of our Service Providers (as described below), API Providers.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Website or access the Services, we may use automatic data collection technologies to collect Personal Information and Non-Personal Information including, but not limited to, the following:

Details of your visits to Website or use of the Services, including traffic data, location data, logs, and other communication data, as well as the resources that you access and use on the Website or the features of the Services that you use or access;

Information about your computer and internet connection, including your IP address, operating system, and browser type;

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information that we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information that we collect in other ways or receive from third parties.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you disable this cookie feature, you may be unable to access certain parts of the Website or certain features of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website or otherwise when you access or use the Services.

Web Beacons. Pages of the Website, and some of our electronic mail communications, may contain small electronic files known as web beacons (also referred to as clear GIFs, pixels, tags, and single-pixel GIFs) that permit the Company, for example, to count users who have visited those pages or opened an electronic mail distribution, and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking and Automatic Collection Technologies

Some content, materials, or applications, including advertisements, that are presented on the Website or that are accessible via the Services, may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, either alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Website or access the Services. The information that those third parties collect may be Personal Information or Non-Personal Information about your online activities over time and across different websites and other online services. Those third parties may use this information (including Personal Information) to provide you with interest-based (behavioral) advertising or other targeted content that is beyond our control.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the Choices About How We Use and Disclose Your Information section below.

Additionally, API Providers (as defined below) may collect information automatically, in which case Personal Information and Non-Personal Information it receives are subject to the API Provider’s privacy policy. Some API Providers may allow you to opt out of certain collection and/or uses of your information. You can read more here: Google Analytics.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any Personal Information as follows:

To provide, maintain, and protect the Services and the Website and the systems that provide and support them;

To improve our online operations;

To provide customer service;

To provide you with information, products, or services that you request from us;

To communicate with you, such as providing you with account-related communications, newsletters, and other communications relating to the Website and the Services.

To send or display offers and other content that is customized to your interests or preferences;

To perform research and analysis aimed at improving our products and services and developing new products or services;

To fulfill any other purpose for which you provide such information;

To provide you with notices about your account with us or your subscription to the Services, if applicable, including expiration and renewal notices;

To carry out our obligations and to enforce our rights arising from any contracts entered into between you and us, including but not limited to, for purposes of billing and collection;

To notify you about changes to the Website, the Services, or any products or other services that we offer or provide through them or otherwise;

To allow you to participate in interactive features on the Website or accessible via the Services;

In any other way that we may describe when and if you provide the information, if applicable; and

For any other purpose, with your consent.

We may also use your Personal Information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or be careful to refrain from providing any information that you do not want us to use for such purposes. For more information, see the Choices About How We Use and Disclose Your Information section below.

We may use the information (including Personal Information) we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you select (i.e., “click on”) or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We do not sell your Personal Information but we may disclose your Personal Information to third parties as described below.

We may disclose Personal Information that we collect or that you provide as described in this Privacy Policy as follows:

To our subsidiaries and affiliates for their internal business purposes;

To contractors, service providers, companies, and other third parties (collectively, “Service Providers”) that we use to support our business, but only to the extent that those third parties are supporting our internal business purposes (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, and conducting audits) or as required by applicable law;

To a buyer or other successor in interest to the Company, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in accordance with which Personal Information held by the Company is among the assets being transferred;

To third parties, to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep the Personal Information that we provide confidential and to use it only for the purposes for which we disclose it to them. However, information that you disclose to them will be subject to their privacy policy. For more information, see the Choices About How We Use and Disclose Your Information section below;

To fulfill the purpose for which you provide it in accordance with features or functionality of the Website or the Services;

For any other purpose disclosed by us when you provide the information; and

With your consent.

We may also disclose Personal Information and Non-Personal Information to API Providers. By “API Provider” we mean a licensor of software that we include in, or use with, the Website or the Services, including an application programming interface (“API”) or software development kit (“SDK”), that provides a specialized function or service to us and that requires the transmission of Personal Information and/or Non-Personal Information to the API Provider. API Providers may have the right to use Personal Information and Non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and Non-Personal Information by an API Provider is described in its privacy policy. See the Third-Party Use of Cookies and Other Tracking and Automatic Collection Technologies for some of the key API Providers we use.

We may also disclose your Personal Information:

To comply with any law, regulation, court order, or legal process, including to respond to any government or regulatory request;

To enforce or apply our Terms of Use, the terms and conditions of the Master Subscription Agreement, Software License and Services Agreement, Master Services Agreement, Work Order, or other agreement with us governing our provision of and your use of the Website, the Services, or our software and/or any underlying functionality of the Services (each, an “Agreement”), including to investigate potential violations thereof or for billing and collection purposes;

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our Customers, users, or subscribers, or other third parties. This includes exchanging information (including Personal Information) with other companies and organizations for the purposes of fraud protection and credit risk reduction;

prevent a crime or protect national security; or

detect, prevent or otherwise address fraud, security or technical issues.

We may disclose Non-Personal Information, such as aggregated information about our users, and information that does not identify any individual, without restriction.

Choices About How We Use and Disclose Your Information

We provide you with choices regarding your Personal Information. We have created mechanisms to provide you with the following control over your information, including Personal Information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting us with your request at https://marketaccessdirect.com/contact-us/.

Promotional Offers from the Company. If you do not wish to have your information (including Personal Information) used by the Company to promote our own or third parties' products or services, you can opt-out by contacting us with your request at https://marketaccessdirect.com/contact-us/. If we have sent you a promotional electronic mail, you may send us a return message asking to be omitted from future email distributions. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Even if you opt out of marketing promotional communications, this opt out does not apply to information provided to the Company as a result of a account-related communications, product purchase, warranty registration, product service experience or other transactions.

We do not control third parties' collection or use of your Personal Information (or other information) to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information (including Personal Information) collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

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. To learn more about "Do Not Track", please visit “All About Do Not Track”. Once a standardized "do not track" feature is released, we intend to adhere to the browser settings accordingly.

California residents may have additional personal information rights and choices. Please see the Your California Privacy Rights section below for more information.

Accessing, Correcting and Deleting Your Personal Information

You can review and change your Personal Information by logging into the Website or the software enabling access to the Services and visiting your account profile page.

You may also contact us at https://marketaccessdirect.com/contact-us/ to request access to, correct, or delete any Personal Information that you have provided to us. We may not be able to delete some or all of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Even if you delete your User Contributions from the Website or via the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website or Services users. Proper access and use of information provided on the Website or via the Services, including User Contributions, is generally governed by our Terms of Use, if applicable, or as set forth above.

However, we may need to retain Personal Information for legal reasons or for legitimate business purposes. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Website and Services.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or deleted 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 (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access, correction or deletion, we perform this service free of charge, except if doing so would require a disproportionate effort.

If you are a client or potential client of a Customer that has collected Personal Information about you, please contact that Customer if you wish to access, correct, or delete your Personal Information.

Residents of Certain States

You may have heard of the certain state laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (CDPA), and Colorado Privacy Act (CPA) which provide certain rights to California, Virginia, and Colorado residents in connection with their Personal Information. Our Website and Services are not currently subject to any state laws providing rights in connection with Personal Information. However, we do provide notice and transparency about our collection and use of Personal Information as described in Privacy Policy.

Residents of Nevada

We do not sell your Personal Information. However, you may contact us at https://marketaccessdirect.com/contact-us/ with questions.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information (including Personal Information) that you provide to us is stored on our secure servers behind firewalls. Any payment transactions, client or customer lists, and other sensitive Personal Information will be encrypted using Secure Socket Layer (SSL), Transport Layer Security (TLS) or other industry accepted encryption protocols.

The safety and security of your information (including Personal Information) also depends on you and your behavior, however. Where we have provided you (or where you have selected) a password allowing access to the Services or to certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share your password with anyone. We also urge you to be careful about Posting information or otherwise making information available via the Services and in or on public areas of the Website. The information (including any Personal Information) that you share via the Services or in such public areas may be viewed by any user of the Website or by any registered user of the Services in a manner that is beyond our control.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information in accordance with applicable law and industry standards, we cannot guarantee the security of your Personal Information transmitted to the Website or via the Services. Any transmission of Personal Information, therefore, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or integrated with or employed by the Services.

Changes to the Privacy Policy

It is our policy to post or otherwise to make available any changes we make to the Privacy Policy on this page, via push notifications via the Services, or as otherwise determined by the Company, in our sole discretion. If we make material changes to how we treat our users' Personal Information, we will notify you by electronic mail to the address specified in your account or profile and/or through a notice on the Website home page or through notifications via the Services. The date that the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable electronic mail address for you, and for periodically visiting the Website and this Privacy Policy to check for any changes.

MAD