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*
* Solutions
* COLUMN 1
* Relationship Marketing Solutions
* Marigold Engage+
* Marigold Engage
* Marigold Engage Express
* Marigold Loyalty
* Marigold Grow
* Marigold LiveContent by Liveclicker
* COLUMN 2
* Featured Functions
* Relationship Marketing
* Zero-Party Data
* Real-Time Personalization
* Dynamic Content
* Brand Consistency
* On-Demand Reporting
* Campaign Designer
* Multi-Channel Marketing
* COLUMN 3
* Latest Report
*
The State of Brand Loyalty in the US for 2023Exclusive data on the
latest trends in consumer loyalty.
* DOWNLOAD REPORT
* Industries
* Who We Serve
* Agencies
* Financial Services
* Franchises
* Higher Ed
* Media & Publishing
* Non-Profits
* BLANK
* Professional Services
* Restaurants
* Retail
* SMB
* Travel & Hospitality
* Company
* About Marigold
* Overview
* Partners
* Sustainability
* Careers

* Schedule a Demo

* Solutions

* Marigold Engage+
* Marigold Engage
* Marigold Engage Express
* Marigold Loyalty
* Marigold Grow
* Marigold LiveContent by Liveclicker
* Featured Functions

* Relationship Marketing
* Zero-Party Data
* Real-Time Personalization
* Dynamic Content
* Brand Consistency
* On-Demand Reporting
* Campaign Designer
* Multi-Channel Marketing
* Industries

* Agencies
* Financial Services
* Franchises
* Higher Ed
* Media & Publishing
* Non-Profits
* Professional Services
* Restaurants
* Retail
* SMB
* Travel & Hospitality
* Company

* Overview
* Partners
* Sustainability
* Careers
* Schedule a Demo

PRIVACY NOTICES

LAST UPDATED: January 18, 2023

SITE PRIVACY NOTICE

We recommend that you read this entire Notice to ensure you are fully informed.
However, to make it easier for you to review those parts of this Notice which
apply to you, we have divided up the document into the following sections:

OVERVIEW

SUMMARY OF THIS NOTICE

CATEGORIES OF DATA SUBJECTS

PROCESSING DETAILS

CUSTOMERS

WEBSITE VISITORS and PROSPECTS

APPLICANTS FOR EMPLOYMENT

What are cookies?

Managing cookies deployed by this site

Controlling Your Personal Data

Data Protection Rights for EEA and UK Residents

California Residents Privacy

GENERAL INFORMATION

Children

Third-Party Websites And Apps

How Do We Keep Your Personal Data Secure?

International Data Transfers.

Changes To This Privacy Notice

OVERVIEW

Iris Holdings L.P. and its subsidiaries (collectively d/b/a “Marigold”, “we,” or
“us”) is a provider of Software-as-a-Service (SaaS) marketing technologies (our
“Services”) to our customers and clients (“Customers”). While each of our
product offerings is unique, we are one organization. This Privacy Notice
(“Notice”) applies to the Processing of Personal Data by Marigold and explains
who we are, how we collect, use and share information that identifies you
(directly or indirectly) (“Personal Data”), and how you can exercise your
privacy rights. Marigold’s current product offerings include the following:

* Campaign Monitor
* Emma
* Liveclicker
* Sailthru
* Vuture
* Selligent
* Cheetah Digital

For information about how our Services Process Personal Data, please visit the
Services Privacy Notice.

SUMMARY OF THIS NOTICE

It’s important that any individual to whom this Notice applies is able to
understand how we Process Personal Data related to the operation of our
business. The most complete way to do this is to read the Notice in its
entirety. However, here’s a quick summary of the information provided in this
notice.

1. What is Marigold? Marigold is headquartered in Nashville, TN. We provide
SaaS marketing software products and services that allow our Customers to
engage with their customers through email, SMS, loyalty programs, and other
online experiences.
2. What does “process” mean, and whose Personal Data is processed? The simplest
way to encapsulate what is meant by process/processed/processing is to say
that it’s any action taken which involves Personal Data. This covers
everything from the initial collection, observation, and storage of Personal
Data, to the eventual deletion or anonymisation of the Personal Data. The
types of data subjects impacted by this Notice are described below.
3. What Personal Data is Processed and for what purpose(s)? At minimum, we will
typically process your email, name, and other information submitted by you
through forms on this site. We may also collect and store information using
cookies. You can control this at any time by visiting the cookie preference
center located in the footer of this site. Our primary purposes for
collecting your personal data are to market our services to you as a Website
Visitor, to consider Applicants for employment by a Marigold entity, and to
support our own business purposes and legal obligations. If it is necessary
to collect sensitive Personal Data, we will only Process that Personal Data
in compliance with applicable data protection laws.
4. How long do you retain Personal Data? The retention period for Personal Data
depends on the purpose(s) for its Processing. We retain Personal Data we
collect from you only for as long as reasonably necessary to achieve that
purpose. In some cases, we may retain Personal Data for a specific time
period based on a legal obligation, contractual obligation, or other
operational factors. On the other hand, we may have a variable data
retention period where we rely on our legitimate interest and several
factors determine the completion of our purpose for Processing the Personal
Data. Regardless, when the purpose is achieved, we will delete or anonymize
the Personal Data.
5. Do you transfer my personal data outside the EEA or UK? In most cases, yes.
Marigold is a global organization, with Processing occurring in many
jurisdictions, including the United States, United Kingdom, European Union,
and Australia.
6. What are my privacy rights? An increasing number of global privacy laws are
providing individuals with privacy rights. Notable among these laws are the
GDPR and its various implementing laws, UK GDPR, and CPRA. Please review the
“Data Protection Rights for EEA and UK Residents” or “California Privacy
Rights” sections of this Notice to learn more about your specific rights and
how to exercise them.
7. Selling and Sharing under the California Privacy Rights Act. The CPRA
defines specific rights for California residents to know about and control
selling or sharing of their Personal Data. For more information about
Marigold’s selling or sharing of Personal Data, if any, please visit the
“California Privacy Rights” section of this Notice.
1. Selling: Under the CPRA, “selling” means “renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a consumer’s
personal information by the business to another business or a third party
for monetary or other valuable consideration.” Marigold does not sell
Personal Data covered by this Notice.
2. Sharing: Under the CPRA, “sharing” means making a consumer’s personal
information available to a third party for cross-context behavioral
advertising, whether or not for monetary or other valuable consideration.
Marigold may share your Personal Data via cookies. To opt out of sharing,
navigate to the cookie preference center and turn off “Advertising
Cookies.”
8. How can I contact you with questions about my privacy? The easiest way to
get in touch is through the Contact Us details below. Additionally, you may
contact our data protection officer with any privacy concerns at
dpo@meetmarigold.com.

CATEGORIES OF DATA SUBJECTS

This Notice applies to the following categories of individuals:

1. Customers of Marigold. A Customer could be any individual who uses the
Services, or in some cases a user who no longer uses the Services but whose
data is being retained for other purposes under this Notice.
2. Website Visitors. A Website Visitor is any individual who interacts with
MeetMarigold.com (the “Website”), regardless of whether they may be a
Customer, Prospect, Applicant, or have any other direct relationship with
us.
3. Prospects. A Prospect is any individual who has expressed interest in
Marigold’s Services who is not yet a Customer. For the purposes of this
Notice, Prospects are included as a subset of Website Visitors.
4. Applicants for employment. Applicant means an individual who has applied for
a position with a Marigold entity, but who is not currently employed by us.

If you are resident in the EEA or California, please review the section headed
“Controlling Your Personal Data” for further information about the privacy
rights available to you.

PROCESSING DETAILS

CUSTOMERS

1. Collection of Personal Data
1. Information You Provide To Us. You may provide Personal Data to us
through the Services – for example, when you are assigned or create
credentials to access the Services, consult with our customer success or
support teams, send us an email or communicate with us in any other way.
We will usually let you know prior to collection whether the provision of
Personal Data we are collecting is compulsory or may be provided on a
voluntary basis and the consequences, if any, of not providing the
information. The information you provide to us, may include:
1. Account Information. As a Customer, we may collect information such as
your name, email address, title, phone number, and other information
related to establishing and maintaining a relationship between you and
us.
2. Billing Information. If you purchase our Services, you may also need
to provide us with payment and billing information such as your credit
card details and billing address. We will also maintain a record of
your purchases, transactional information, your Services history and
usage, and any communications and responses.
3. User Surveys. We may offer you opportunities to participate in
Customer surveys. These surveys will gather your opinions on the
effectiveness and/or current state of our Services, as well as your
opinions on future functionality and the direction of our product
offering.
2. Information Collected Automatically. When you use the Website or
Services, or when you receive marketing emails from us, we automatically
collect certain information about your device and interactions with us.
We may use cookies and other tracking technologies to collect some of
this information. Our use of cookies and other tracking technologies is
discussed in more detail below.

1. 1. 1. When you receive marketing emails from us. We collect device
information such as your IP address, device attributes (for example:
hardware model, operating system, web browser version, as well as
unique device identifiers and characteristics), connection information
(for example, name of your mobile operator or Internet Service
Provider, browser type, language and time zone, and mobile phone
number); and device locations (for example, internet protocol (IP)
addresses and Wi-Fi information).
2. Information relating to your use of the Services. We collect usage
data about whenever you interact with our Services, as described in
the Services Privacy Notice.
2. Information We Obtain From Third Party Sources. We may receive
information about you from other sources, including publicly available
databases or third parties from whom we have purchased data, and combine
this data with information we already have about you. This helps us to
update, expand and analyze our records and better market services that
may be of interest to you. This Personal Data may include (for example),
information such as your name, employer, job title, email address, phone
numbers, and other company, contact, and/or employment information.
2. Purposes for Processing your Personal Data. We process your Personal Data
for our legitimate interests, which include:
1. To Provide You With Information You Have Requested. To respond to your
requests or provide you with information requested by you, including
where you exercise your privacy rights as detailed in this notice or
request information about our products or Services.
2. To Market To You. To contact you with marketing and promotional
information (in accordance with your marketing preferences) about
products and services that Marigold offers, to provide advertising to you
on third party sites (based on your browsing activities on the Website),
and to send you information regarding Marigold and/or our partners (see
the section headed “Controlling Your Personal Data” for information about
how you can opt-out of receiving marketing communications from us at any
time). Marketing data purchased from third parties may be combined with
information we already have about you and may be used to create more
tailored advertising and products.
3. For Business Analytics. To infer your geographic location based on your
IP address; to track behavior at the aggregate/anonymous level to
identify and understand trends in the various interactions with our
Services; and to conduct internal business analysis based on meta-data
about usage, feature adoption and forecasting.
4. For Legal Records. To identify who you are, including both identification
and authentication purposes; to carry out our obligations and enforce our
rights arising from any contracts entered into between you and us
(including for billing and collection); and to respond to legal requests
or prevent fraud. If we receive a subpoena or other legal request, we may
need to inspect the data we hold to determine how to respond.

1. Disclosures. In the following limited situations, we may disclose
information that we collect or that you provide to us:
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
2. Lawful Basis.
1. If you are a Customer resident in the EEA or UK, then our legal basis for
Processing Personal Data described above will depend on the Personal Data
concerned and the specific context in which we collect it. However,
where we are Processing your Personal Data for our own purposes we
normally rely on our legitimate interest to collect Personal Data from
you, except where such interests are overridden by your data protection
interests or fundamental rights and freedoms. Where we rely on our
legitimate interests to Process your Personal Data, they include the
interests described in the sections above headed “Why We Process Your
Information“.
2. In some cases, we may rely on your consent or have a legal obligation to
collect Personal Data from you or may otherwise need the Personal Data to
protect your vital interests or those of another person. If we rely on
consent to collect and/or Process your Personal Data, we will obtain such
consent in compliance with applicable laws.
3. If you have questions about or need further information concerning the
legal basis on which we collect and use your Personal Data, please
contact us using the contact details provided under the “Contact Us”
heading below.
3. Data Retention. We retain Personal Data we collect from you where we have an
ongoing legitimate business need to do so (for example, to provide you with
information you have requested or to comply with applicable legal, tax or
accounting requirements).When we have no ongoing legitimate business need to
process your Personal Data, we will either delete or anonymise 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 Data
and isolate it from any further processing until deletion is possible.

WEBSITE VISITORS and PROSPECTS

1. Collection of Personal Data
1. Information You Provide To Us. Certain parts of our site may ask you to
voluntarily provide Personal Data (such as your name, contact details and
company name). For example, when you express interest in obtaining
additional information about a Marigold entity, download content or
request a demo, or otherwise contact us. We may also collect Personal
Data, such as your contact and professional background details and
feedback, when you attend our events, take part in surveys, or through
other business or marketing interactions we may have with you. You may
choose to provide additional information when you communicate with us or
otherwise interact with us, and we will keep copies of any such
communications for our records.
2. Information Collected Automatically. When you visit the Website, or when
you receive marketing emails from us, we automatically collect certain
information about your device and interactions with us. We may use
cookies and other tracking technologies to collect some of this
information.
1. When you receive marketing emails from us. We collect device
information such as your IP address, device attributes (for example:
hardware model, operating system, web browser version, as well as
unique device identifiers and characteristics), connection information
(for example, name of your mobile operator or Internet Service
Provider, browser type, language and time zone, and mobile phone
number); and device locations (for example, internet protocol (IP)
addresses and Wi-Fi information).
2. Cookies and tracking technologies. When you visit our Websites, like
most website owners, we may also collect certain information
automatically from your device, such as your device type, browser
type, broad geographic location (e.g. country or city-level location),
the referring website, what pages your device visited, and the time
that your device visited our Website. In some countries, including
countries in the European Economic Area, this information may be
considered Personal Data under applicable data protection laws. We
(including our service providers) may use cookies, pixel tags and
other similar tracking technologies to collect this information. Our
use of cookies and other tracking technologies is discussed more
below, in more detail below.
3. Information We Obtain From Third Party Sources. We may receive
information about you from other sources, including publicly available
databases or third parties from whom we have purchased data, and combine
this data with information we already have about you. This helps us to
update, expand and analyze our records and better market services that
may be of interest to you. This Personal Data may include (for example),
information such as your name, employer, job title, email address, phone
numbers, and other company, contact, and/or employment information.
2. Purposes for Processing Your Personal Data. We process your Personal Data
for our legitimate interests, which include:
1. To Provide You With Information You Have Requested. To respond to your
requests or provide you with information requested by you, including
where you exercise your privacy rights as detailed in this notice or
request information about our products or Services.
2. To Market To You. To contact you with marketing and promotional
information (in accordance with your marketing preferences) about
products and services that Marigold offers, to provide advertising to you
on third party sites (based on your browsing activities on the Website),
and to send you information regarding Marigold and/or our partners (see
the section headed “Controlling Your Personal Data” for information about
how you can opt-out of receiving marketing communications from us at any
time). Marketing data purchased from third parties may be combined with
information we already have about you and may be used to create more
tailored advertising and products.
3. For Business Analytics. To infer your geographic location based on your
IP address; to track behavior at the aggregate/anonymous level to
identify and understand trends in the various interactions with our
Services; and to conduct iwpnternal business analysis based on meta-data
about usage, feature adoption and forecasting.
4. For Legal Records. To identify who you are, including both identification
and authentication purposes; to carry out our obligations and enforce our
rights arising from any contracts entered into between you and us
(including for billing and collection); and to respond to legal requests
or prevent fraud. If we receive a subpoena or other legal request, we may
need to inspect the data we hold to determine how to respond.

1. Disclosures. In the following limited situations, we may disclose
information that we collect or that you provide to us:
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
2. Lawful Basis.
1. If you are a Customer resident in the EEA or UK, then our legal basis for
Processing Personal Data described above will depend on the Personal Data
concerned and the specific context in which we collect it. However,
where we are Processing your Personal Data for our own purposes we
normally rely on our legitimate interest to collect Personal Data from
you, except where such interests are overridden by your data protection
interests or fundamental rights and freedoms. Where we rely on our
legitimate interests to Process your Personal Data, they include the
interests described in the sections above headed “Purposes for Processing
Your Personal Data”.
2. In some cases, we may rely on your consent or have a legal obligation to
collect Personal Data from you or may otherwise need the Personal Data to
protect your vital interests or those of another person. If we rely on
consent to collect and/or Process your Personal Data, we will obtain such
consent in compliance with applicable laws.
3. If you have questions about or need further information concerning the
legal basis on which we collect and use your Personal Data, please
contact us using the contact details provided under the “Contact
Us” heading below.
3. Data Retention. We retain Personal Data we collect from you where we have an
ongoing legitimate business need to do so (for example, to provide you with
information you have requested or to comply with applicable legal, tax or
accounting requirements).When we have no ongoing legitimate business need to
process your Personal Data, we will either delete or anonymise 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 Data
and isolate it from any further processing until deletion is possible.

APPLICANTS FOR EMPLOYMENT

1. Information We Process
1. Information You Provide To Us. As an Applicant, you will provide certain
Personal Data to us – for example, when you submit an application for
employment, as needed during the hiring process, or when you send us an
email or communicate with us in any other way. This information could
include, but is not limited to, your name, email address, telephone
number, and a copy of your resume. We will usually let you know prior to
collection whether the provision of Personal Data we are collecting is
compulsory or may be provided on a voluntary basis and the consequences,
if any, of not providing the information.
2. Information Collected Automatically. When you browse the Website, we
automatically collect certain information about your device. We may use
cookies and other tracking technologies to collect some of this
information. Our use of cookies and other tracking technologies is
discussed more below, in more detail below.
1. Device Information. We collect information from your device and
applications you use to access our Websites, such as your IP address,
device attributes (for example: hardware model, operating system, web
browser version, as well as unique device identifiers and
characteristics), connection information (for example, name of your
mobile operator or Internet Service Provider, browser type, language
and time zone, and mobile phone number); and device locations (for
example, internet protocol (IP) addresses and Wi-Fi information).
3. Information We Obtain From Third Party Sources. We may receive
information about you from other sources, including but not limited to
information we obtain from hiring agencies acting on our behalf, and
combine this data with information we collect directly from you during
the application process. This helps us to better evaluate you as an
Applicant. Examples of the types of Personal Data that may be obtained
from public sources or purchased from third parties and combined with
information we already have about you, may include name, employer, job
title, email address, phone numbers, and other company, contact, and/or
employment information.
2. Purposes for Processing Your Personal Data. We process your Personal Data
for our legitimate interests, which include:
1. To Evaluate Your Application for Employment. To better understand your
qualifications as an Applicant.
2. To Improve Our Hiring Process. To evaluate the effectiveness of our job
descriptions and to measure the overall effectiveness of our hiring
process.
3. For Legal Records. To identify who you are, including both identification
and authentication purposes; to carry out our obligations and enforce our
rights arising from any agreement to work entered into between you and us
(including for billing and collection); and to respond to legal requests
or prevent fraud. If we receive a subpoena or other legal request, we may
need to inspect the data we hold to determine how to respond.
3. Disclosures. In the following limited situations, we may disclose
information that we collect or that you provide to us:
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
4. Lawful Basis.
1. If you are resident in the EEA, then our legal basis for collecting and
using Personal Data described above will be our legitimate interests to
collect Personal Data from you, except where such interests are
overridden by your data protection interests or fundamental rights and
freedoms. Where we rely on our legitimate interests to process your
Personal Data, they include the interests described in the sections above
headed “Purposes for Processing Your Personal Data”.
2. In some cases, we may rely on your consent or have a legal obligation to
collect Personal Data from you or may otherwise need the Personal Data to
protect your vital interests or those of another person. If we rely on
consent to collect and/or process your Personal Data, we will obtain such
consent in compliance with applicable laws.
3. If you have questions about or need further information concerning the
legal basis on which we collect and use your Personal Data, please
contact us using the contact details provided under the “Contact Us”
heading below.
5. Data Retention. We retain Personal Data we collect from you where we have an
ongoing legitimate business need to do so (for example, to contact you for
future employment opportunities or to comply with applicable legal, tax or
accounting requirements). When we have no ongoing legitimate business need
to process your Personal Data, we will either delete or anonymise 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 Data
and isolate it from any further processing until deletion is possible.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device
when you visit a website. Cookies are widely used by website owners in order to
make their websites work, or to work more efficiently, as well as to provide
reporting information. A full list of our cookies can be found by accessing the
Cookie Preferences center provided in the footer of this Website.

We refer to cookies created by us as “first party cookies”. We refer to cookies
that we set on our website but that are created by parties other than us as
“third party cookies”. Third party cookies enable third party features or
functionality to be provided on or through the website (e.g. like advertising,
interactive content and analytics). The parties that provide these third party
cookies can recognise your computer both when it visits the website in question
and also when it visits certain other websites.

Managing cookies deployed by this site.

To control the cookies placed on your device by this site, please visit the
Cookie Preferences center located in the footer of any page.

Electronic devices and software applications on these devices may offer you
tools to opt out of or block advertisements on the device or in specific
applications. Consult the help documentation and settings specific to your
devices and applications to learn more about your options. You have the right to
decide whether to accept or reject cookies. Should you choose to remove or block
cookies, some website functionality may become unavailable or unreliable.

In addition, most advertising networks offer you a way to opt out of targeted
advertising. If you would like to find out more information, please visit
http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

CONTROLLING YOUR PERSONAL DATA

Maintaining the privacy and security of Personal Data processed by Marigold
subject to this privacy notice is one of our core values and vital to creating
trust between us and our customers, or any other individual with whom we
interact. To ensure that individuals have appropriate control of their Personal
Data, we extend the ability to retrieve, access, amend, or delete Personal Data
to any individual whose Personal Data is Processed in accordance with this
Notice.

To retrieve, access, amend, or delete your Personal Data, please access our
individual rights portal using the button provided in this section of the
Notice. We may ask you to provide additional verification in order to complete
any request made to retrieve, access, amend, or delete Personal Data.

Rights Portal

Data Protection Rights for EEA and UK Residents.

Marigold is an organization which operates marketing technology companies across
the globe and is established within the EU by its control of Selligent SA, a
public limited company based in Belgium. If it is necessary to direct any
inquiry to Marigold’s EU entity, rather than Marigold itself, please send such
communication to privacy@selligent.com.

If you are resident in the EEA or UK, you have the following data protection
rights:

1. You can access, review, change, update or delete your Personal Data at any
time by submitting a request via the support form provided in this section.
2. To remove your Personal Data from a Website testimonial or request removal
of your Personal Data from our blog or community forum, please submit a
request to support via this support form. In some cases, we may not be able
to remove your Personal Data, in which case we will let you know if we are
unable to do so and why.
3. In addition, you can object to processing of your Personal Data, ask us to
restrict Processing of your Personal Data or request portability of your
Personal Data. To exercise these rights, please submit a request to support
via this support form.
Submit Request
4. You can opt out of receiving marketing communication we send you at any
time. You can exercise this right by clicking on the “unsubscribe” link in
the emails we send you or by replying to us at marketing@meetmarigold.com.
To opt-out of other forms of marketing (such as postal marketing or
telemarketing), please contact us at marketing@meetmarigold.com. For data
privacy concerns, use the contact details provided under the “Contact Us”
heading below.
5. If we have Processed your Personal Data with your consent, then you can
withdraw your consent at any time. Withdrawing your consent will not affect
the lawfulness of any processing we conducted prior to your withdrawal, nor
will it affect processing of your Personal Data conducted in reliance on
lawful processing grounds other than consent.
6. You have the right to complain to a data protection authority about our
Processing of your Personal Data. For more information, please contact your
local data protection authority. Contact details for data protection
authorities in the European Economic Area (“EEA”), are available here. For
UK residents, the ICO can be contacted here.

Please note that because most of the information we store can only identify a
particular browser or device, and cannot identify you individually, you will
need to provide us with some additional information to enable us to identify the
Personal Data we hold about you and ensure that we accurately fulfill your
request. You may also be required to provide ID.

Marigold has appointed HewardMills as Data Protection Officer. You may contact
them regarding data protection concerns at:

HewardMills
77 Farringdon Road
London EC1M 3JU
dpo@meetmarigold.com

California Residents Privacy.

Please note that this Notice uses the term Personal Data, but for the purpose of
this section, the term “personal information” will be used to align with the
California Privacy Rights Act (“CPRA”).

For Marigold’s Notice at Collection of Personal Data for California residents,
please refer to the Summary above. CPRA provides “consumers,” as defined by the
CPRA, the following privacy rights:

* The right to know what personal information is being collected about them;
* The right to know whether their personal information is sold, shared, or
disclosed and to whom;
* The right to opt out of the sale or sharing of personal information;
* The right to access their personal information;
* The right to equal service and price, as well as to not receive
discriminatory treatment, even if they exercise their privacy rights;
* The right to correct inaccurate personal information; and
* The right to limit the use or disclosure of sensitive personal information,
if we use or disclose sensitive personal information for reasons other than
those set forth in Section 7027 of the CPRA.

Notice. This Notice, under the headings pertaining to each category of data
subject, serves to describe the categories of data collected, our practices when
Processing such Personal Data, and how we share the Personal Data, including
categories of recipients of your Personal Data.

Access, Correction, and Deletion. California consumers whose Personal Data is
Processed by Marigold or any Marigold entity acting as a business under CPRA
may, no more than twice in a 12 month period and at no cost to them, request a
report from us which details the Personal Data collected about them and the
recipients, if any, of that information, as well as the business or commercial
purpose for collecting personal information and the categories of sources from
which the personal information is collected. Requests may be sent via this
support request form or direct mail to the address below. California consumers
may, at any time, request that we correct or delete their Personal Data via the
same form or direct mail address.

Choice. Individuals to whom this Notice applies may request to access and amend
Personal Data by request to us via the privacy rights form at any time and may
revoke any consent provided by using the unsubscribe mechanism provided in any
email received or by request to marketing@meetmarigold.com.

Selling and Sharing of California Consumer Personal Data. The CPRA requires that
we disclose any sale or sharing, as defined by the law, pertaining to your
Personal Data. We do not believe that our Processing activities conducted by the
Marigold family of brands constitutes selling under the CPRA. When you visit one
of our Websites, you are interacting with Marigold, and Marigold employees
Process Personal Data under a unified strategy to meet Marigold’s objectives.

We engage in online “sharing” (as such term is defined by the CPRA), which is
otherwise known as cross-context behavioral advertising or targeted advertising.
This form of “sharing” involves collecting certain personal information using
cookies and other tracking technologies. We detail the use of Cookies in this
Notice. Some of these cookies provide information to advertising networks (i.e.,
“share” such information) for the purpose of tracking and serving ads to you
across the Internet. You may, at any time, opt out of the online “sharing” of
your Personal Data by using the Cookie Preferences center provided in the footer
of this site to turn off “Advertising” cookies.

Note. We may at times partner with third parties for the purpose of marketing
our services. In these cases, will provide clear notice of the identity of our
partners and provide a consent mechanism for sharing your Personal Data to any
third party partners.

Verifying California Consumer Requests. Pursuant to California law, we will
verify a California resident’s identity as required before complying with their
consumer request under the CPRA. We are required to verify certain consumer
requests to a reasonable degree of certainty, which may include matching at
least two data points provided by the consumer with data points maintained by
us, or to a reasonably high degree of certainty, which may include matching at
least three data points provided by the consumer with data points maintained by
us, depending on the sensitivity of the personal information and the potential
risk of harm to the consumer. Any information you send for us to verify your
identity will be used for this purpose only.

California Consumer Requests and Authorized Agents. A California resident may
use an authorized agent to submit a right to know request or a request to
delete. To use an authorized agent, the California resident must provide the
agent with written authorization. In addition, the California resident may be
required to verify their own identity with us. We may deny a request from an
agent that does not submit proof that they have been authorized by the
California resident to act on their behalf. Such requirements, however, will not
apply where a California resident has provided the authorized agent with power
of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465. Authorized agents
should submit their requests via the form provided above.

Sensitive Personal Information. We do not collect, use, or disclose sensitive
personal information about California residents for purposes other than those
specified in Section 7027(m) of the CPRA.

GENERAL INFORMATION

Children

Our Website is not intended for and may not be used by minors. “Minors” are
individuals under the age of 13 (or under a higher age if permitted by the laws
of their residence). We do not knowingly collect Personal Data from Minors or
allow them to register. If it comes to our attention that we have collected
Personal Data from a Minor, we may delete this information without notice. If
you have reason to believe that this has occurred, please contact customer
support.

Third-Party Websites And Apps

This Notice only applies to the Website. We are not responsible for the privacy
practices or disclosures of third parties that use or access the Website. In
addition, the Website may contain links to third-party websites and apps. Any
access to and use of such linked websites or apps is not governed by this
Notice, but instead is governed by the privacy policies of those third parties.
We are not responsible for the information practices of such third parties.

How Do We Keep Your Personal Data Secure?

We use appropriate technical and organizational security measures to protect any
Personal Data we process against unauthorized access, disclosure, alteration,
and destruction.

Unfortunately, nobody is truly and completely safe from hackers. Although we do
our best to protect your Personal Data, we cannot guarantee security, no
Internet transmission can ever be guaranteed 100% secure, and so we encourage
you to take care when disclosing Personal Data online and to use readily
available tools, such as Internet firewalls, secure e-mail and similar
technologies to protect yourself online.

International Data Transfers

Marigold is established in the United States and may Process Personal Data in
the United States. If you are using the Website from outside the United States,
be aware that your information may be transferred to, stored, and processed by
us in our facilities and by those third parties with whom we may share your
Personal Data, in the United States and other countries. These countries may
have data protection laws that are different to the laws of your country.

However, we have taken appropriate measures to require that your Personal Data
will remain protected in accordance with this Notice and have implemented
appropriate safeguards to require that your Personal Data will remain protected
in accordance with this Notice. These include implementing the European
Commission’s Standard Contractual Clauses for transfers of Personal Data between
our group companies, which require all group companies to protect Personal Data
they process from the EEA or UK in accordance with European Union and UK data
protection law. We have implemented similar safeguards with our third party
service providers and partners. Further details can be provided upon request.

Changes To This Privacy Notice

We may revise this Notice from time to time in response to changing legal,
technical or business developments. The most current version of this Notice will
govern our use of your Personal Data. When we update our Site Privacy Notice, we
will take appropriate measures to inform you, consistent with the significance
of the changes we make. We will obtain your consent to any material Site Privacy
Notice changes if and where this is required by applicable data protection laws.
You can see when this Notice was last updated by checking the “last updated”
date displayed at the top of this Notice.

Thanks for taking the time to learn about our Site Privacy Notice. We hope it
was clear and reassuring. If you have any questions, please contact us:

Marigold
ATTN: Global Data Privacy Manager
11 Lea Ave
Nashville, TN 37210
Email: privacy@meetmarigold.com

Important Note: If you are resident in the EEA or UK, the “data controller” of
the Personal Data described in this Privacy Notice is Marigold.

SERVICES PRIVACY NOTICE

LAST UPDATED: January 18, 2023

OVERVIEW

SUMMARY OF THIS NOTICE

CATEGORIES OF DATA SUBJECTS

PROCESSING DETAILS

USERS

CUSTOMER DATA SUBJECTS

Marigold Entities as Data Controllers

GENERAL

CHILDREN

Third-Party Websites And Apps

How Do We Keep Your Personal Information Secure?

Individual Privacy Rights

International Data Transfers

Changes To This Privacy Notice

CONTACT

OVERVIEW

This Services Privacy Notice exists to provide details regarding the Processing
of Personal Data Related to Services provided by Marigold entities (“Marigold,”
“we,” or “us”), as governed by the Services Agreement. Marigold also provides a
Site Privacy Notice which covers our Processing of Personal Data pertaining to
Customers, Website Visitors and Prospects, and Applicants for employment, which
you can find here.

This Notice serves two purposes:

1. It supplements our Services Agreement by providing details of how our
Services Process Personal Data on behalf of our Customers.
2. It provides notice and transparency regarding our Processing of Personal
Data pertaining to our Customer’s Data Subjects, who themselves might not
otherwise be aware of the processing.

To execute a Data Protection Agreement (often referred to as a “Data Processing
Agreement” or “DPA”), please submit a request to privacy@meetmarigold.com,
indicating your entity’s legal name and that of the Marigold entity with which
you have an Agreement.

Further Information for Customer Data Subjects: As described in this Notice, in
most cases where your Personal Data is Processed by the Services, we act as a
Processor on behalf of our Customers. In such cases, if you want to exercise any
individual privacy rights that may be available to you under applicable Law or
have questions or concerns about how your Personal Data is handled by Marigold
as a Processor on behalf of our Customers, you should contact the relevant
Customer that has contracted with Marigold for use of the Services, and refer to
their separate privacy policies. If you are having difficulties finding this
Customer, you can contact us by writing to privacy@meetmarigold.com.

SUMMARY OF THIS NOTICE

It’s important that any individual to whom this notice applies is able to
understand how our Services Process Personal Data. The most complete way to do
this is to read the notice in its entirety. However, here’s a quick summary of
the information provided in this notice.

1. What are the Services? Marigold entities’ Services are Software-as-a-Service
marketing products designed to allow our customers to engage with
individuals through electronic messaging channels (email, SMS), as well as
their own websites, landing pages, and other technologies. We offer
additional features that provide analytics and insights based on your
interactions with a Customer’s marketing efforts.
2. What does “Process” mean, and whose Personal Data is Processed? The simplest
way to encapsulate what is meant by Process/Processed/Processing is to say
that it’s any action taken which involves Personal Data. This covers
everything from the initial collection, observation, and storage of Personal
Data, to the eventual deletion or anonymisation of the Personal Data. The
types of data subjects impacted by this notice are described below.
Typically, our Users are employees of organizations utilizing our services;
Customer Data Subjects encompasses many different individuals, but the key
similarity is that there is an established relationship between you and our
Customer.
3. What Personal Data is processed and for what purpose(s)? At minimum, the
Services will typically process your email, name, and IP address, and in the
case of our Users, we will process additional information to provide access
to the Services. Other personal data processed by the Services is determined
by our Customer, who may be a data controller or processor under EEA or UK
Law, or a similar term provided by other data privacy laws.
4. For how long is Personal Data retained? Personal Data is retained within the
Services according to our Agreement with the Customer, including our
provision of assistance with regard to any individual’s request to have
their Personal Data deleted.
5. Do you transfer my personal data outside the EEA or UK? In most cases, yes.
Processing may occur in any jurisdiction in which Marigold is established,
including the United States, United Kingdom, European Union, and Australia.
Our sub-processors may Process Personal Data in additional jurisdictions.
The actual locations of Processing depend on the Customer’s implementation
of the Services. If you’re a Customer, please consult your Ordering Document
or Agreement. For Customer Data Subjects, all aforementioned jurisdictions
apply to a Marigold entity’s Processing of Service Logs.
6. What are my privacy rights? An increasing number of global privacy laws are
providing individuals with privacy rights. Notable among these laws are the
GDPR and its various implementing laws, UK GDPR, and CPRA. Each jurisdiction
provides distinct rights to the individual, so please review the Data
Protection Rights for EEA and UK Residents and California Privacy
Rights sections of this notice to learn more about your specific rights and
how to exercise them.
7. Selling and Sharing under California law. The CPRA defines specific rights
for California residents to know about and control selling or sharing of
their Personal Data. For more information about Marigold’s selling or
sharing of Personal Data, if any, please visit the “California Privacy
Rights” section of this Notice.
1. Selling: Under the CPRA, “selling” means “renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a consumer’s
personal information by the business to another business or a third party
for monetary or other valuable consideration.”
2. Sharing: Under the CPRA, “sharing” means making a consumer’s personal
information available to a third party for cross-context behavioral
advertising, whether or not for monetary or other valuable consideration.

Marigold and Marigold entities do not sell or share your Personal Data in the
provision of their Services.

CATEGORIES OF DATA SUBJECTS

This notice applies to the following categories of individuals:

1. Users of the Services. According to the Services Agreement, a User is “any
person, other than Company employees or agents engaged in providing
Professional Services to Customer, accessing and/or using the Services
through Customer’s Account.” For instance, if your employer, our Customer,
has provided you with access to the Services, this is you. This might also
be you if you’re an individual, sole proprietor, or other individual who
uses a Marigold entity’s Services.
2. Customer Data Subjects. Marigold’s Customers have the ability to Process
Personal Data via the Services in order to market their own goods and
services to individuals who may be their prospective or current customers,
or who have an otherwise established relationship with a Marigold entity’s
Customer. If you receive email newsletters, SMS messages, or use our
Customer’s website and/or mobile app, this might be you. Keep in mind that
this list is not exhaustive, and Marigold’s product offerings may change
over time.

PROCESSING DETAILS

USERS

1. Collection of Personal Data
1. Information You Provide To Us. You may submit Personal Data through the
Services – for example, when you create an account to access the
Services, consult with our customer success or support teams, send us an
email or communicate with us in any other way. We will usually let you
know prior to collection whether the provision of Personal Data we are
collecting is compulsory or may be provided on a voluntary basis and the
consequences, if any, of not providing the information. The information
you provide to us, may include name, email address, a password, telephone
number, job title, and organization name.
2. Information Collected Automatically. When you use the Services, we
automatically collect certain information about your device and use of
the Services. We may use cookies and other tracking technologies to
collect some of this information. Our use of cookies and other tracking
technologies is discussed in more detail below. To control the use of
cookies, please visit the cookie preference center here.
1. Device Information. We collect information from your device and
applications you use to access our Services, such as your IP address,
device attributes (for example: hardware model, operating system, web
browser version, as well as unique device identifiers and
characteristics), connection information (for example, name of your
mobile operator or Internet Service Provider, browser type, language
and time zone, and mobile phone number); and device locations (for
example, internet protocol (IP) addresses and Wi-Fi information).
2. Log data. Our web servers keep log files that record data each time a
device accesses those servers and those log files contain data about
the nature of each access, including originating IP addresses. We may
also access metadata and other information associated with files that
you upload into our Services, such as images.
3. Information relating to your use of the Services. We collect usage
data about whenever you interact with our Services, which may include
the dates and times you access the Services, page views, which
activities and features are used of our Services, crash logs, storage
configuration settings, and technical data relating to the device(s)
you are using to access and use the Services and the performance of
the Services in doing so.
2. Purposes for Processing your Personal Data
1. To Provide the Services. We process your Personal Information to provide
the Services as follows: i) to identify who you are, including both for
identification and authentication purposes; ii) to enable you to login
and access your account; iii) to respond to your inquiries; iv) to
provide you with customer support; v) to send you information as part of
the Services; and vi) to provide you with information about your account,
including renewals and changes in Services or your account status.
2. To Customize Services to You. To help us deliver a better and more
personalized experience (for example, it enables us to tailor the
Services according to your interests); and to build a profile about you
so as to help direct you to other relevant features and Services we offer
and help you in using our Services, by making recommendations for you to
optimize use of the Services.
3. To Improve Our Services. To create new Services, features, content or
make recommendations; improve our Services for you and all Users; and to
fix bugs and troubleshoot product functionality.
4. For Business Analytics. To infer your geographic location based on your
IP address; to track behavior at the aggregate/anonymous level to
identify and understand trends in the various interactions with the
Services; and to conduct internal business analysis based on meta-data
about usage, feature adoption and forecasting.
5. To Prevent Abuse/Illegal Activities. To screen for and prevent
undesirable or abusive activity. For example, we have automated systems
that screen content for phishing activities, spam, and fraud.
6. For Legal Records. To identify who you are, including both identification
and authentication purposes; to carry out our obligations and enforce our
rights arising from any contracts entered into between you and us
(including for billing and collection); and to respond to legal requests
or prevent fraud. If we receive a subpoena or other legal request, we may
need to inspect the data we hold to determine how to respond.
3. Disclosures. In the following limited situations, we may disclose
information that we collect or that you provide to us:
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
4. Lawful Basis. If you are a User resident in the EEA or UK, then our legal
basis for collecting and using Personal Data described above will depend on
the Personal Data concerned and the specific context in which we collect
it. However, where we are Processing your Personal Data for our own
purposes, we normally rely on our legitimate interest to collect Personal
Data from you, except where such interests are overridden by your data
protection interests or fundamental rights and freedoms. Where we rely on
our legitimate interests to Process your Personal Data, they include the
interests described in the sections above headed “2.Purposes for Processing
your Personal Data”.

In some cases, we may rely on your consent or have a legal obligation to
collect Personal Data from you or may otherwise need the Personal Data to
protect your vital interests or those of another person. If we rely on
consent to collect and/or Process your Personal Data, we will obtain such
consent in compliance with applicable laws.

If you have questions about or need further information concerning the legal
basis on which we collect and use your Personal Data, please contact us
using the contact details provided under the “Contact Us” heading below.

5. Data Retention. We retain Personal Data we collect from you where we have an
ongoing legitimate business need to do so (for example, to provide you with
a Service you have requested or to comply with applicable legal, tax or
accounting requirements). When we have no ongoing legitimate business need
to Process your Personal Data, we will either delete or anonymise Personal
Data. If this is not possible (for example, because your Personal Data has
been stored in backup archives), then we will securely store your Personal
Data and isolate it from any further Processing until deletion is possible.
We will retain information we Process on behalf of our Customers as a Data
Processor for as long as needed to provide Services to our Customers (unless
deletion is requested at an earlier time by the Customer) and as necessary
to comply with our legal obligations, resolve disputes and enforce our
agreements.

CUSTOMER DATA SUBJECTS

1. ELECTRONIC MESSAGES SENT USING THE SERVICES. This section applies when a
Marigold entity’s Customer uses the Services to send electronic messages, as
defined by various Laws, to its Customer Data Subjects. These messages may
come in the form of emails, SMS and MMS, and other Customer messages sent
via the Services.
1. Collection of Personal Data. Sending electronic messages requires the
Processing of Personal Data.
1. Information provided to us as a service provider. In order to send
electronic messages, Customers provide us with email addresses, phone
numbers, and other unique identifiers required to send and receive
electronic messages. Additionally, Customers may provide other
Personal Data, as determined by their own identified purposes, in
order to:
1. customize electronic messages sent using the Services;
2. maintain their records pertaining to your Personal Data;
3. for other purposes related to their use of the Services.
2. Information collected automatically. When electronic messages are
sent, certain data is observed in the connection between the sending
infrastructure (our Services) and the receiving device (your mobile
device or computer). Such data includes:
1. IP Address;
2. device attributes (for example: hardware model, operating system,
web browser version, as well as unique device identifiers and
characteristics);
3. connection information (for example, name of your mobile operator
or Internet Service Provider, browser type, language and time zone,
and mobile phone number);
4. and device locations (for example, internet protocol (IP) addresses
and Wi-Fi information).
2. Purposes for Processing your Personal Data. With respect to the
Processing of your Personal Data to send electronic messages, we are the
Data Processor and act solely on the instructions of our Customers.
Therefore, our purpose is limited to carrying out the Services. Marigold
entities do not determine the Processing of this Personal Data, except to
the extent we must enforce the Services Agreement and/or Acceptable Use
Policy. More details on how we may use this data can be found under
Service Logs below. Customers may use electronic messages to:
1. Market and sell their own services to you;
2. Send transactional notifications;
3. Otherwise support their relationship with you as their customer; and
4. Other purposes as defined by the Customer as data controller.
2. TRACKING TECHNOLOGIES DEPLOYED BY THE SERVICES
1. Collection of Personal Data.
1. Cookies. The Services allow Customers to use cookies to collect
information such as your IP address, browser, email client type and
other details of your interactions with the Services.
2. Other Related Technologies. When you receive and engage with a User’s
campaign, web beacons track certain behavior such as whether the email
sent through the Services was delivered and opened. They also allow us
to collect information such as your IP address, browser, email client
type and other similar details. Links within these emails are tracked
to show individual recipient’s clicks.
2. Purposes for Processing your Personal Data. Our Customers use this
information to measure the performance of their use Services, and as
otherwise determined by the Customer. Marigold does not determine the
Processing of this Personal Data, except to the extent we must enforce
the Services Agreement and/or Acceptable Use Policy. More details on how
we may use this data can be found under Service Logs below. Customers may
use tracking technologies to:
1. Analyze and report on the success of their marketing efforts;
2. Target you with marketing or advertising; and
3. Other purposes as defined by the Customer as data controller.
3. DATA COLLECTION
1. Collection of Personal Data.

* Information you provide to the Services. The Services allow Customers to
collect Personal Data directly from you through mechanisms such as landing
pages, mobile applications, forms, surveys, loyalty programs, and other user
experiences. Typically, this information will begin with your name and email
address, extending to other Personal Data as deemed relevant by the Customer
and in compliance with our Acceptable Use Policy.

* Information observed through your interactions with the Services. When you
interact with the above listed mechanisms, Customers may collect information
about your interaction with them. This observed information may inform future
interactions and Processing of Personal Data.

1. 1. 1. Purposes for Processing your Personal Data. With respect to the
Processing of your Personal Data to send electronic messages, we are
the Data Processor and act solely on the instructions of our
Customers. Therefore, our purpose is limited to carrying out the
Services requested by our Customer. Customers may use Personal Data
collected by the Services to:
1. Identify and segment their Customer Data Subjects;
2. Target advertisements to Customer Data Subjects;
3. Analyze and evaluate trends in their marketing activities; and
4. Other purposes as defined by the Customer as data controller.

1. Disclosures of Customer Data Subject Personal Data. In the following limited
situations, we may disclose Customer Data Subject Personal Data to someone
other than the Customer or their User(s):
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
2. Lawful Basis. In the provision of its Services, Marigold entities act as
data processors, service providers, or other similarly defined parties in
the Law. This means that we do not determine the lawful basis when our
Customers Process Personal Data using Our Services. We rely on the
Customer’s instructions when Processing and intercede only when necessary to
enforce our Agreement and Acceptable Use Policy, or as required by Law.
3. Data Retention. Personal Data collected in the provision of our Services is
retained in accordance with the Customer’s instructions. Typically, this
means it is retained for the duration of the Agreement or until we receive a
valid request to delete the data. If you are a Customer Data Subject and
wish to have your Personal Data deleted, please contact the Customer
directly so we may assist them in carrying out your request.

Marigold Entities as Data Controllers

The Services described in this notice are provided within Processing
environments controlled by each Marigold entity. These environments may be
cloud-based or physical infrastructure, single or multi-tenant, and in almost
every circumstance, require additional Processing by sub-contractors or
sub-processors engaged by each Marigold entity as a data processor. The proper
working of these various systems necessitates the creation of Service Logs, and
in limited circumstances, a Marigold entity may process Personal Data in Service
Logs as a data controller.

What are Service Logs? Service Logs are factual records of system events,
created (for instance):

1. When a User accesses the Services;
2. When a Customer Data Subject receives an electronic message and/or interacts
with the Services; or
3. When a User modifies or accesses Customer Data Subject Personal Data.

Why are Service Logs created? Service Logs are created for a variety of reasons
– e.g., to monitor the proper function of the system(s) and diagnostics, to
create an auditable record of system events to assist with system security and
reliability, and as best-practice for software development – but the overall
idea is that without them, we would have no way to know what’s going on within
the systems. Verifying that the Services are operating normally and in a secure
manner, planning for current and future resource allocation, and ensuring
compliance with our legal obligations and industry best practices are all
functions which rely heavily on Service Logs.

1. Our Collection of Personal Data. Personal Data is collected in Service Logs
automatically whenever Personal Data is Processed by the Services software
architecture. Examples of this automatic collection include:
1. Security and threat detection systems. As part of its technical and
organisational measures, each Marigold entity’s Services employ hardware
and software designed to detect and/or prevent unauthorized access to the
Services. These logs contain Personal Data in the form of unique system
IDs, IP addresses, browser and operating system information, and other
data transmitted automatically as part of the connection to our servers.
2. Transactional server logs. Within the Services, logs are kept of User
logins, User actions within an account, API calls, and other system
events. These logs contain unique system IDs for Users and Customer Data
Subjects, IP address, browser and operating system information, and other
data transmitted automatically as part of the connection to our servers.
3. Electronic message transmission. When the Services are used to deliver
electronic messages, logs are created in a standardized format within the
message delivery server. These logs contain email address, IP address,
information about your ISP or phone carrier, as well as metadata related
to the message being sent.
2. Our purposes for Processing your Personal Data. Personal Data is recorded in
Service Logs to serve purposes vital to the effective and secure operation
of the Services. Our purposes for Processing this Personal Data include:
1. To Improve Our Services. To create new Services, features, content or
make recommendations; improve our Services for you and all Users; and to
fix bugs and troubleshoot product functionality.
2. For Business Analytics. To infer your geographic location based on your
IP address; to track behavior at the aggregate/anonymous level to
identify and understand trends in the various interactions with the
Services; and to conduct internal business analysis based on meta-data
about usage, feature adoption and forecasting.
3. To Prevent Abuse/Illegal Activities. To screen for and prevent
undesirable or abusive activity. For example, we have automated systems
that screen content for phishing activities, spam, and fraud.
4. For Legal Records. To identify who you are, including both identification
and authentication purposes; to carry out our obligations and enforce our
rights arising from any contracts entered into between you and us
(including for billing and collection); and to respond to legal requests
or prevent fraud. If we receive a subpoena or other legal request, we may
need to inspect the data we hold to determine how to respond.
3. Disclosures. In the following limited situations, we may disclose Customer
Data Subject information to someone other than the Customer or their Users:
1. to our contractors, service providers and other third parties who provide
data processing services to us and with whom the sharing of your Personal
Data is necessary to undertake the work e.g. to process billing, to
analyze data, host data, to provide customer support and to deliver
online and offline marketing communications about Marigold that we think
will interest you.
2. as required by law, such as to comply with any court order, subpoena or
other law or legal process, when we believe in good faith that disclosure
is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a governmental or regulatory
request.
3. to enforce our rights arising from any contracts entered into between you
and us and for billing and collection.
4. to employees within Marigold for customer support, marketing, technical
operations, and account management purposes.
5. to a buyer or other successor in the event of a merger, sale or transfer
of some or all of Marigold’s assets.
4. Lawful Basis
1. If you are a User or Customer Data Subject who is a resident in the EEA
or UK, then our legal basis for collecting and using Personal Data
described above will depend on the Personal Data concerned and the
specific context in which we collect it. However, where we are
processing your Personal Data for our own purposes we normally rely on
our legitimate interest to collect Personal Data from you, except where
such interests are overridden by your data protection interests or
fundamental rights and freedoms.
2. In some cases, we may have a legal obligation to collect Personal Data
from you or may otherwise need the Personal Data to protect your vital
interests or those of another person.
3. If you have questions about or need further information concerning the
legal basis on which we collect and use your Personal Data, please
contact us using the contact details provided under the “Contact Us”
heading below.
5. Data Retention
1. We retain Personal Data we collect from you where we have an ongoing
legitimate business need to do so (for example, to prevent abuse or
illegal activities, retain our legal records, or to comply with other
applicable legal, tax or accounting requirements).
2. When we have no ongoing legitimate business need to Process your Personal
Data, we will either delete or anonymise Personal Data. If this is not
possible (for example, because your Personal Data has been stored in
backup archives), then we will securely store your Personal Data and
isolate it from any further Processing until deletion is possible.
3. To exercise your privacy rights, please follow the instructions in this
notice here.

GENERAL

CHILDREN

Our Services are not intended for and may not be used by minors. “Minors” are
individuals under the age of 13 (or under a higher age if permitted by the laws
of their residence). We do not knowingly collect Personal Data from Minors or
allow them to register for our Services. If it comes to our attention that we
have collected Personal Data from a Minor, we may delete this information
without notice. If you have reason to believe that this has occurred, please
contact customer support.

Customers and their Users are responsible for ensuring that their emails and
data collection practices comply fully with applicable children’s data privacy
protection legislation, such as the United States’ Children’s Online Privacy
Protection Act (“COPPA”), including where relevant by obtaining parental consent
prior to the collection of Personal Data. We rely upon our Customers to disclose
whether or not their use of the Services is subject to COPPA.

Third-Party Websites And Apps

This Notice only applies to the Services. We are not responsible for the privacy
practices or disclosures of third parties that use or access the Services. In
addition, the Services may contain links to third-party websites and apps. Any
access to and use of such linked websites or apps is not governed by this
Notice, but instead is governed by the privacy policies of those third parties.
We are not responsible for the information practices of such third parties.

How Do We Keep Your Personal Information Secure?

We use appropriate technical and organizational security measures to protect any
Personal Data we Process against unauthorized access, disclosure, alteration,
and destruction.

Unfortunately, nobody is truly and completely safe from hackers. Although we do
our best to protect your Personal Data, we cannot guarantee security; no
Internet transmission can ever be guaranteed 100% secure, and so we encourage
you to take care when disclosing Personal Data online and to use readily
available tools, such as Internet firewalls, secure email and similar
technologies to protect yourself online.

Individual Privacy Rights

For the purpose of providing its Services, each Marigold entity acts as a data
processor or service provider. It is vital that we provide appropriate technical
and organizational measures to support our Customers’ obligations to an
individual’s privacy rights. If you are a User of the Services and you have a
question about how to facilitate individual privacy rights on behalf of a
Customer Data Subject, you can find resources here. If you are a Customer Data
Subject, please note that, as the data processor of your Personal Data, we are
not authorized to take any action unless instructed to do so by the Data
Controller.

If you believe that a Marigold entity acts as a Data Controller of your Personal
Data, you can find information on exercising your rights in the Marigold Privacy
Notice here.

International Data Transfers

Subject to the Service Agreement and any applicable Ordering Document(s), the
Services may be provided, supported, and hosted in the United States. If you are
a resident of a country which requires special protections for Personal Data
Processed in third countries, be aware that your information may be transferred
to, stored, and processed by us in our facilities and by those third parties
with whom we may share your Personal Data, in the United States and other
countries. These countries may have data protection laws that are different to
the laws of your country.

However, we have taken appropriate steps to require that your Personal Data will
remain protected in accordance with this Notice and have implemented appropriate
safeguards to require that your Personal Data will remain protected in
accordance with this Privacy Notice. These include implementing the European
Commission’s Standard Contractual Clauses (“EU SCCs”) for transfers of Personal
Data between our group companies, which require all group companies to protect
Personal Data they process from the EEA or UK in accordance with European Union
and UK data protection law. We have implemented similar safeguards with our
third party service providers and partners. Further details can be provided upon
request.

Changes To This Privacy Notice

We may revise this Notice from time to time in response to changing legal,
technical or business developments. The most current version of this Notice will
govern our use of your Personal Data. When we update our Privacy Notice, we will
take appropriate measures to inform you, consistent with the significance of the
changes we make. We will obtain your consent to any material Privacy Notice
changes if and where this is required by applicable data protection laws. You
can see when this Notice was last updated by checking the “last updated” date
displayed at the top of this Notice.

CONTACT

For general data privacy questions related to the Campaign Monitor Services,
please email privacy@meetmarigold.com. To communicate with our Data Protection
Officer, please email dpo@meetmarigold.com.

If you have any questions, please contact us:

Marigold
ATTN: Global Data Privacy Director
11 Lea Ave
Nashville, TN 37210
Email: privacy@meetmarigold.com

Privacy Shield

This Privacy Shield statement is relevant to both the Site and Services Privacy
Notices above. To understand how we Process your Personal Data (or “Personal
Information”), your privacy rights, how to exercise them, and who to contact,
please refer to the Notices themselves.

Where eligible, Marigold’s US Affiliates (hereafter “us” or “we”) participate in
and have certified their compliance with the EU-U.S. and Swiss-U.S. Privacy
Shield Framework. Marigold is committed to subjecting all Personal Information
received from European Union (EU) member countries and Switzerland in reliance
on each Privacy Shield Framework, to the Framework’s applicable Principles. To
learn more about the Privacy Shield Framework, visit the U.S. Department of
Commerce’s Privacy Shield List here. However, in response to the current status
of Privacy Shield, we no longer rely on the Privacy Shield Framework to transfer
personal information to the United States. Instead, these transfers occur on the
basis of the 2021 EU Standard Contractual Clauses or adequacy decisions, as
granted by relevant supervisory authorities. Each Marigold US Affiliate listed
below, acting independently of any other affiliate, agrees to adhere to the
Principles which follow:

* Emma, Inc.
* Liveclicker, Inc.
* Sailthru, Inc.
* Vuture US, Inc.

Privacy Shield Principles

1. We are responsible for the processing of Personal Information it receives,
under each Privacy Shield Framework, and subsequently transfers to a third
party acting as an agent on its behalf. We comply with the Privacy Shield
Principles for all onward transfers of Personal Information from the EU and
Switzerland, including the onward transfer liability provisions.
2. With respect to Personal Information received or transferred pursuant to the
Privacy Shield Framework, we are subject to the regulatory enforcement
powers of the U.S. Federal Trade Commission. In certain situations, we may
be required to disclose Personal Information in response to lawful requests
by public authorities, including to meet national security or law
enforcement requirements.
3. Where we determine the purposes of processing Personal Information
originating in the EU, Switzerland, or the UK the data subject who the
Personal Information is about may access that Personal Information by
contacting privacy@meetmarigold.com with a clear request for disclosure. We
may ask the requestor to verify their identity when reasonable to do so. We
will make any reasonable effort, in concert with the our customer(s)
involved (if any), to address and correct the issue, including editing or
removing any data stored pertaining to that individual.
4. Any unresolved Privacy Shield complaints will be referred to JAMS, our
chosen alternative dispute resolution provider. Should this arbitration
fail, the complaint may be subject to binding arbitration before the Privacy
Shield Panel, in accordance with the Privacy Shield Agreement. All of these
remedies are offered at no cost to the complainant, as long as the
complainant is an individual.

Table of Contents
1. Site Notice
2. Services Notice
3. Privacy Shield

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Marigold is brought to you by the people who brought you Campaign Monitor,
Cheetah Digital, Emma, Liveclicker, Sailthru, Selligent and Vuture.

*
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* COLUMN 1
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