Privacy Policy

Country: France, Germany, Mexico, Brazil, Korea, Japan, China, Russia

New MarketCast Privacy Notice

Effective Date:  September 3, 2021

This Privacy Policy describes the information practices of MarketCast LLC and MarketCast UK Limited (collectively, “MarketCast Group” or “we” and “our”) in respect of the Services.

When we use the term “Services” we mean to refer collectively to:

  • The website marketcast.com and any other websites, mobile applications, or other online services that we own and operate that link to or expressly adopt this Privacy Notice (the “Sites”);
  • Our marketing activities including when we send emails, conduct business development activities, host marketing events, and engage in online and direct marketing (“Marketing Activities”);
  • The Research Activities and research projects where we interview one or more consumers (“Studies”); and
  • Online or offline surveys we conduct (“Surveys”).

Collectively, Surveys and Studies are referred to as “Research Activity” or “Research Activities” throughout. We conduct Research Activities on behalf of our clients (“Sponsors”). 

In addition, the following sections of this Privacy Policy apply to our data practices generally and are not limited to the Services:

  • HOW TO UPDATE YOUR INFORMATION AND DATA RETENTION
  • REGION-SPECIFIC DISCLOSURES
    • EEA/UK
    • California
    • Nevada

We maintain a supplemental  Research Privacy Notice that applies to processing of Personal Data in connection with our  Research Activities where we are the data controller or co-controller.  With respect to the Research Activities, in the event of a conflict between this Privacy Policy and the Research Privacy Notice, the Research Privacy Notice shall govern.

INFORMATION WE COLLECT

LEGITIMATE INTERESTS IN PROCESSING PERSONAL DATA

HOW WE SHARE AND DISCLOSE PERSONAL DATA

COOKIES

CHILDREN’S PRIVACY

SECURITY OF PERSONAL DATA

HOW TO UPDATE YOUR INFORMATION AND DATA RETENTION

MANAGING COMMUNICATION PREFERENCES

THIRD-PARTY SERVICES

UPDATES TO THE PRIVACY NOTICE

CONTACT US

REGION-SPECIFIC DISCLOSURES

1. INFORMATION WE COLLECT

“Personal Data” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked directly or indirectly, with you, your household or your device.  Personal Data does not include de-identified or aggregated data, data available from government records, or information covered by certain sector-specific privacy laws.  We collect Personal Data about you through Services, including data provided by you and data we obtain from third parties.

(a) Data Provided By You

We collect Personal Data that you provide to us through or in connection with the Services or that you give to us in another way.  For example:

When you register or communicate with us through the Sites, we process:

  • Contact information, such as your name, email address, and telephone number
    • Purpose: To authenticate you as a user and communicate with you
    • Legal Basis: Legitimate interests; your consent where we ask for it; and to process transactions requested by you and meet our contractual obligations
  • When you apply for a job with us, we process:
  • Employment application information, including contact information, employment and education history, and other information you include in your CV/resume or application materials
    • Purpose: To process and evaluate job applications you submit through the Sites and to communicate with you about your job applications and requests
    • Legal Basis: Legitimate interests; your consent where we ask for it
  • When we undertake Research Activities, we process:
  • Contact information, such as your name, address, email address, and telephone. We also may process social media information as well as images and videos from your participation in the groups.
    • Purpose: To have you participate in Research Activities, or to evaluate whether a particular Research Activity is right for you, to communicate with you and to otherwise conduct the market research purpose of the particular Research Activity.
    • Legal Basis: Legitimate interests; your consent where we ask for it
  • When you contact us on the phone or through email, text, or chat, we process:
  • The inquiries or reports you make and the content of your voice messages to us
    • Purpose: To authenticate you as a user and communicate with you
    • Legal Basis: Legitimate interests; your consent where we ask for it; and to process transactions requested by you and meet our contractual obligations

(b) Data We Obtain from Third Party Sources

We collect Personal Data from the following third party sources.

Business Partners and Service Providers: We collect Personal Data from our service providers and business partners in connection with evaluating candidates for employment, as well as when conducting Marketing Activities and Research Activities.

  • Purpose: To identify potential employment candidates, coordinate events and programs, conduct our Research Activities, identify prospective customers, and conduct market research, Marketing Activities, and analytics
  • Legal Basis: Legitimate interests; your consent where we ask for it

Publicly Available Sources: We collect Personal Data about you that we do not otherwise have (including contact information, employment-related information and product interest information) from social media platforms (for example, Facebook, Twitter, and Instagram) and other publicly available databases.

  • Purpose: To conduct market research to help us understand trends and customer needs across product categories or customer groups, allow you to create and maintain customer profiles, analyze your interactions with us, present customized offers, and improve our products, services, programs, events, and other offerings
  • Legal Basis: Legitimate interests; your consent where we ask for it

(c) Information Collected Automatically

We automatically collect additional data when you take a Survey, including:

  • Log files, including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and/or clickstream data;
  • Device information;
  • Data collected through cookies, analytics, and related technologies; and
  • Location information including latitude, longitude, date, and time.

We collect this information for market research purposes, to maintain the security of our services, to detect fraud, and to protect our rights.

2. LEGITIMATE INTERESTS IN PROCESSING PERSONAL DATA

In addition to the above described purposes for the processing of Personal Data, we also process Personal Data for the following legitimate interests.

  • To operate our business and deliver the Services
  • To process and complete your transactions including, as applicable, order confirmation, registration for our programs or events, product selection assistance, and delivering products, programs, events, or services
  • To conduct market research and Research Activities
  • To communicate with you about programs, products, or services we believe may be of interest to you
  • To tailor our products and services to you and your computer or mobile device
  • To allow you to participate in interactive features of our Services, when you choose to do so
  • To conduct market research to help us understand trends and customer needs across product categories or customer groups, allow you to create and maintain customer profiles, analyze your interactions with us, present customized offers, and improve our products, services, programs, events, and other offerings
  • To process and evaluate job applications and communicate about job applications and requests
  • To prevent, investigate, or provide notice of fraud, unlawful or criminal activity, or as otherwise required by law
  • To enforce our Terms of Use and other agreements

3. HOW WE SHARE AND DISCLOSE PERSONAL DATA

We share Personal Data in the following ways.

  • Within MarketCast Group: We share Personal Data within MarketCast Group for purposes and uses that are consistent with this Privacy Policy. For example, sharing Personal Data about you to facilitate communication between you and MarketCast Group and coordinate necessary data retention.
  • Service Providers: We share Personal Data with third-party service providers / processors who complete transactions or perform services on our behalf, such as payment processing, shipping, processing employment applications, coordinating events and conferences, facilitating seminars and training courses, collecting Research Activities responses, conducting marketing, market research, analytics, and
  • Website and Hosting Providers: We use multiple web hosting providers to host our Services.  In connection with providing those Services, our web hosting providers have access to Personal Data about you collected through the relevant Service and may use the information consistent with the terms of its privacy notice.
  • Legal Process, Safety and Terms Enforcement: We may disclose Personal Data to governmental regulatory authorities in response to their requests for such information. We may also disclose Personal Data to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or us, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.
  • Business Transfers: We may disclose Personal Data as part of a corporate business transaction, such as a financing, merger, acquisition, joint venture, financing, or sale of company assets and may transfer Personal Data to a third party as one of the business assets in such a It may also be disclosed in the event of insolvency, bankruptcy, or receivership.
  • Sponsors: We may share the results of Research Activities, which may contain Personal Data such as images and audio of you responding to a Survey, with Sponsors who engage us to perform such Research Activities. You acknowledge that (i) by participating in a Research Activity, you are directing us to share your Research Activity-related Personal Data with the Research Activity Sponsor; and (ii) as such, the sharing is not a sale of your Personal Data to the Research Activity Sponsor.

4. COOKIES

We use tracking technologies to collect data automatically through the Sites and in connection with our Marketing Activities.  Examples of these tracking technologies include the following.

  • Logging: We gather certain information automatically through the Sites and store it in log files. This information includes your IP address, approximate location, browser type, operating system, internet service provider, the pages you visited, clickstream data, and time and date of visit.
  • Purpose: To maintain the security of our Services, for fraud detection, and to protect our rights, as well as to offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services
  • Legal Basis: Legitimate interests; your consent where we ask for it
  • Cookies, Analytics and Other Data Collection Tools: We and third parties we work with use cookies, web beacons, local shared objects (or Flash cookies), and similar tools to collect and store data about your preferences and how you interact with our Services.
  • Purpose: To manage and measure our Sites and Marketing Activities and to collect data about your activities online over time and across different websites and social media channels
  • Legal Basis: Legitimate interests; your consent where we ask for it

To exercise choices you have for certain cookies, you can review your Internet browser settings, typically under the sections “Help” or “Internet Options”. If you disable or delete certain cookies in your settings, you may not be able to use features of the Sites.

And to learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit the Google Analytics Opt-out Browser Add-on .

We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“DAA”).  To learn more about certain third-party cookies used for interest-based advertising, including through cross-device tracking, and to exercise certain choices regarding such cookies, please visit the  Digital Advertising AllianceNetwork Advertising InitiativeDigital Advertising Alliance-CanadaEuropean Interactive Digital Advertising Alliance or your device settings if you have the DAA or other mobile app.  Please note that these opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will not be based on your interests.

5. CHILDREN’S PRIVACY

Unless otherwise indicated, our Sites are intended for a general audience and not directed to children. Some portions of our Sites, however, may be intended as appropriate for a mixed audience of users that includes some children (mixed audience section) or specifically for children (children’s section).  Any children’s section or mixed audience section of our Sites will post a Children’s Privacy Notice which has information on how we collect, use, and disclose personal information in connection with those sections, which will supplement this Section 5 for purposes of that part of the Site(s). We will comply with the U.S. Children’s Online Privacy Protection Act (“COPPA”) as to our mixed audience and children’s sections of our Sites, including without limitation regarding verified parental consent where required, and if applicable other laws regarding children in other applicable jurisdictions  

Our mixed audience and children’s section of our Sites may also be directed to minors below the age of majority that reside in certain territories where privacy or other legal protections apply to their use of the Services. In such case, the Children’s Privacy Policy posted with respect to such sections will address those rights and our obligations.

If you are a parent or guardian and believe we have collected personal information online from a child under the age of 13 inconsistent with our obligations under COPPA, please contact us at privacy@marketcast.com and we will respond as required by COPPA. If you have complaints or inquiries regarding our data practices regarding children under other applicable law, please contact us at privacy@marketcast.com and we will respond as required by applicable law.

Any California residents under the age of eighteen (18) who have registered to use our Sites, and who posted content or information on our Sites, can request removal by contacting us privacy@marketcast.com, detailing where the content or information is posted and attesting that you posted it.  We will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that we do not control.

6. SECURITY OF PERSONAL DATA

We strive put in place measures to protect the Personal Data that we process in connection with the Services. We take reasonable measures to protect data.  However, we cannot 100% guarantee the security of Personal Data that we process in connection with our business, or that your Personal Data will not be unlawfully accessed by third parties. You can also take additional measures to protect yourself and your information, such as keeping confidential log-in credentials and passwords.

7. HOW TO UPDATE YOUR INFORMATION AND DATA RETENTION

You may contact us to update information we have about you as set forth in the Contact Us section below.  

We will retain Personal Data for as long as necessary for the purposes set out in this Privacy Notice (for example, if you have an account, for as long as your account is active or as reasonably useful for commercial purposes), unless a longer period is required or permitted under applicable law or is needed to resolve disputes or to protect our legal rights. Under certain circumstances, you have the right to have certain of your Personal Data erased (see Rights of Individuals in the EEA below). We will securely delete your Personal Data after it is no longer needed for those purposes it was collected.

8. MANAGING COMMUNICATION PREFERENCES

If you have opted in to our marketing communications (or where permitted by law, if you have provided us or we have obtained your contact information), we may send you email messages, direct mail offers, push notifications, or other communications regarding products or services depending on the method of communication selected.  You may ask us not to do so when you access our Services or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by following the unsubscribe instructions in the form of the communication you received or by submitting an opt-out request to the contact information set forth in the Contact Us section below.

  • Printed Materials: To opt out of receiving printed marketing materials at your postal address, such as advertisements, flyers, or postcards, please submit an opt-out request to the contact information set forth in the Contact Us section. Please be sure to include your name and mailing address exactly as they appear on the printed marketing materials you received.
  • Emails: To opt out of receiving marketing communications via email, please click on the unsubscribe link at the bottom of the email that was sent to you or submit an opt-out request to the contact information set forth in the Contact Us section. Please note that you may continue to receive certain transactional or account-related electronic messages from us.

9. THIRD-PARTY SERVICES

Some of our Services contain links to websites and digital services operated by third parties.  This Privacy Notice does not apply to these websites.

Our Services also include features like buttons and widgets hosted by other companies (for example, the Facebook “Like Page” button).  Some of these features collect Personal Data or other information such as your IP address and your actions on our Services.  This Privacy Notice does not apply to the practices of these third parties. We encourage you to review the privacy notices of those third parties to learn about their personal data and privacy practices.

10. UPDATES TO THE PRIVACY NOTICE

We may prospectively update this Privacy Notice from time to time, and in our sole discretion and the most recent effective date will be indicated at the top of the Privacy Notice. Previously collected Personal Data will not be treated in a manner materially different than the time it was collected without your consent.  MarketCast Group encourages visitors to frequently check this page for any changes to this Privacy Notice.

11. CONTACT US

If you have any questions or comments about this Privacy Notice or other privacy-related matters, please contact us in the following ways:

privacy@marketcast.com

12. REGION-SPECIFIC DISCLOSURES

 

Rights of Individuals in the European Economic Area (“EEA”) and United Kingdom (“UK”) with Regard to MarketCast, UK, LLP

If you are located in the EEA or UK, these following additional disclosures apply to the processing of your Personal Data controlled by MarketCast UK, LLP.

  • Upon request, we will provide you with information about whether we hold any of your Personal Data, along with any details required to be provided to you under applicable law.

In certain cases, you may also have a right to:

  • Rectify any of your Personal Data that is inaccurate;
  • Restrict or limit the ways in which we use your Personal Data;
  • Object to the processing of your Personal Data;
  • Request the deletion of your Personal Data; and
  • Obtain a copy of your Personal Data in an easily accessible

To submit a request, please contact us as set forth in the Contact Us section above. We will respond to your request within a reasonable timeframe.

You have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority, http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm    ).

You also have the right to withdraw your consent to our processing of your Personal Data, to the extent we rely on consent as our legal basis for processing that data, subject to certain exceptions. You can do this by contacting us as set forth in the Contact Us section above and requesting that your Personal Data be deleted.

Please note that, in certain cases, we may continue to process your Personal Data after you have withdrawn consent and requested that we delete your Personal Data if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation.

  • Data We retain Personal Data for as long as necessary to carry out the purposes of processing described in this Privacy Notice, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights, in accordance with the principles set forth in Article 5(1) of the EU’s General Data Protection Regulation.  The criteria used to determine the period for which personal data about you will be stored varies depending on the legal basis under which we process such personal data:

 

Legitimate Interests

For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.`

Contractual

For the duration of the contract plus some additional limited period of time that is

Necessity

necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.

Consent

For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain personal data about you erased (see Data Subject Rights section above).

 

We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period.  In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

  •  Any information that you provide to us is stored and processed in, and transferred between, any of the countries in which MarketCast Group, contractors and affiliated organizations have offices, in order to enable us to use that information as set out in this Privacy Notice.
    This includes countries such as Philippines and the United States. Not all of these countries have data protection laws equivalent to those in force in the EEA. In order to ensure the protection of your Personal Data we have put in place European Commission approved Standard Contractual Clauses between each of the MarketCast Group entities and relevant data processors.

 

Nevada

Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us at  nevadaprivacy@marketcast.com and register an e-mail contact address for us to provide you notice in the event we should do so in the future, at which point you will have an opportunity to be verified and exercise your opt-out rights under that law.  Contact us in the same manner to update your contact email for notices.  Changing your email address elsewhere (e.g., information requests, account information, etc.) will not update your Nevada notice contact information.  It is your responsibility to keep your notice contact information current.

 

California

As required by the California Consumer Privacy Act (CCPA), the description of our data practices in Section A of this “California Privacy Notice” covers only calendar year 2020, and will be updated annually.

The CCPA provides California residents with specific rights regarding your Personal Data.  Section B describes those rights and how to exercise them. Consistent with the CCPA, job applicants, current and former employees and independent contractors (Personnel), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “consumers” for purposes of this California Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting our Human Resources department at privacy@marketcast.com.

A. Collection and Disclosure of Personal Data. MarketCast Group’s collection of Personal Data through the administration of Research Activities and its use are set forth in Section 1 this Privacy Policy. During the preceding 12 month period:

  • we have collected Personal Data in the categories described in Section 1 above;
  • we have shared Personal Data in the categories described in Section 1 above for business or commercial purposes consistent with Sections 2 and 3 of this Privacy Policy; and
  • we have not  “sold” (as defined by the CCPA) any Personal Data to third parties.

You acknowledge that (i) by participating in Research Activities you are directing us to share your Research Activity-related Personal Data with the Research Activity Sponsor; and (ii) as such, the sharing is not a sale of your Personal Data to the Research Activity Sponsor.  We do not understand collection of Personal Data by operators of third party Tracking Technologies that may be associated with our Service to be a “sale.”  However, you can control cookies as described in Section 4 [Link] of our Privacy Policy.

B. Right to Make a Request Under the CCPA. You have the right to request that we disclose certain information to you regarding our collection, use and disclosure of your Personal Data over the past 12 months, including the categories and specific pieces of Personal Data we possess, the categories of sources of the Personal Data, the business or commercial purpose for collecting the Personal Data, and the categories of third parties with whom we share or sell the information, and the specific pieces of Personal Data we have collected about you.  Upon verified request, we will respond to your request for such information.

You also have a right to request that we delete all or some of your Personal Data we have collected directly from you.  Please note that, in certain cases, we deny a request to delete your Personal Data if we have a legal basis to do so, but we will explain the retention purposes and limit use to those purposes.  For example, we may retain certain information if needed to:

  • Complete the transaction for which the Personal Data was collected, provide a good or services requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute for that activity;
  • Debug to identify and repair errors that impair intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right to free speech, or exercise another right provided for by law;
  • Comply with California Electronic Communications Privacy Act;
  • Engage in public or peer reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
  • Comply with a legal obligation; or
  • Otherwise use the consumer’s Personal Data, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

Who May Make a Request.  Under the CCPA, you may make a request on behalf of yourself or you may authorize an agent who is registered with the Secretary of State for the State of California to act on your behalf.  You may also make a request on behalf of your minor child.

Instructions for Submitting a Verifiable Consumer Request.  To submit a request, please contact us as set forth in the Contact Us section above, email us at privacy@marketcast.com, or mail us a request to ATTN: Privacy Officer, MarketCast LLC, 5900 Wilshire Blvd., Floor 27th, Los Angeles, CA 90036. We will confirm receipt of your request within 10 days of receiving it and will undertake to respond to your request within 45 days.  If additional time is required, we will provide you with notice and explanation of the delay and respond to your request in no later than 90 days from its receipt.

Process Used to Verify a Consumer Request.  We will verify all requests by contacting you using contact information retained in our system.  If our information does not allow us to contact you, then we will verify your identity by asking you to confirm the data we have in our system. 

Sale of Personal Data.  We do not sell any Personal Data collected for us on our own behalf.  To the extent we collect Personal Data on behalf of our Sponsors for Research Activities, you direct us to provide related Personal Data  to the Sponsor so that is not a  sale of your Personal Data.

Right to Non-Discrimination for Exercise of Consumer’s Privacy Rights.  MarketCast Group will not discriminate against consumers for exercise of their rights under the CCPA.