Marigold Grow Privacy Notice

Effective date: May 8, 2019
Last updated: April 25, 2022

How We Share the Information We Collect

Information we collect will be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to third parties as follows:

  • Service providers. In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests, we share your personal data with service providers who provide certain services or process data on our behalf. Service providers include customer relationship management providers, email providers, data storage and hosting providers, our accountants, accounting systems and legal representatives, analytics providers, and customer support system providers.
  • Affiliates. In certain circumstances, we share your personal data with any of our current or future affiliated entities, subsidiaries, and parent companies in order to streamline certain business operations, improve personalization, and develop products and services that better meet the interests and needs of our customers, and provide you with information we believe will be of interest to you.
  • Social media. If you make any public social media post that includes hashtags or usernames related to Marigold Engage+, or otherwise interact with the Experiences platform via public social media, we may make your public post available via the Experiences platform or to the general public in a social visualization. Social media providers include Facebook, Twitter, Instagram, Snap, Youtube and Vimeo.
  • Corporate events. Your personal data will be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, it is possible that personal data will be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
  • Legal disclosures. In limited circumstances and subject to applicable law, we will, without further notice or your consent, access and disclose your personal data, any communications sent or received by you, and any other information that we have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your personal data as your home jurisdiction. In certain circumstances, we will, at our sole discretion (but without any obligation), object to the disclosure of your personal data to such parties.

Aggregated, De-Identified or Anonymized Information

In certain circumstances, we will also share aggregated, de-identified or anonymized information with third parties for other purposes (e.g. to compare the performance of two promotions with a customer, to provide benchmark metrics to customers or to provide performance metrics on our website). Such information does not identify you individually, but includes anonymized usage, viewing and similar technical information such as the features of Experiences our customers and users generally use, common configurations of their computers, and performance metrics related to the use of the Experiences platform which we collect through our technology. If we are required under applicable law to treat such information as personal data, then we will only use and disclose it as described earlier in this privacy statement.

Other Access To or Disclosure of Personal Data

The Experiences platform contains features that enable consumers to post reviews, provide quotes, make comments or provide other content that is publicly viewable. You should be aware that any personal data you submit as part of such posts can be read, collected, or used by other users. We are not responsible for the personal data you choose to post publicly via the Experiences platform.

Access and Privacy Rights

Marigold Grow provides individuals with a variety of ways to learn about, control, and submit questions and comments about our handling of Experiences customer or consumer personal data. Specific to our platform and services, we provide Experiences customers in-platform capabilities and managed support with various privacy rights in the following ways: 

  • Access, correction, and erasure of personal data. As registered users of the Experiences platform, you can sign in to their account, go to your profile, and make the desired changes. (Please note that if you cease using the Experiences platform or we terminate your access to the Experiences platform in accordance with our commercial agreement, you will no longer have the ability to access or update your information through the Experiences platform.) Otherwise, please contact [email protected] with your request. 
  • Promotional communication preferences. If you no longer wish to receive newsletters and promotional communications, you may opt-out of receiving them by following the instructions included on such communications, within the Experiences platform, or as provided through our Website Privacy Notice. Please note, however, that you will be unable to opt-out of certain service-related communications and notifications.
  • Other opt-outs. We will provide you with the opportunity to “opt-out” of having your personal data used for certain purposes when we ask for this information. If you decide to opt-out, we may not be able to provide certain features of the Experiences platform to you if these are legally dependent on your consent.
  • Cookies and similar technologies. You can remove or block certain cookies using the settings in your browser but the Experiences platform may cease to function properly if you do so. For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. In addition, to learn more about, or to opt-out of Google’ s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.
  • Do Not Track signals. Your Web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, the Experiences platform does not respond to this type of signal.
  • Do Not Sell My Personal Information (California). Marigold Engage+ is not in the business of buying or selling consumer personal data.
  • Contact Regulator. If you would like to submit a complaint about our use of your personal data or response to your requests regarding your personal data, you may contact us at [email protected] or submit a complaint to the data protection regulator in the jurisdiction where you live or work. For example, you can find your European data protection regulator here.

 
Please note that, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. 

Children

The Experiences platform is not intended for use by children and we do not knowingly collect or solicit personal data from children. In the US, for data protection purposes, a child is anyone under the age of 13. In the EU, a child is anyone under the age of 16.

If you are a child, you may not attempt to register for the Experiences platform or send any information about yourself to us, this includes name, email address or phone number. In the event that we confirm that we have collected personal data from children without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child and believe that we might have any information from or about such child, please contact us at [email protected].

Data Security and Retention

The security of your information is important to us. Your information is maintained in a secure environment and we take appropriate steps to protect against loss, misuse and unauthorized access, alteration, disclosure, or destruction of your data in our care. We employ strict controls around employee access to the personal data in our care based on business need and use cases which warrant access. 

We take commercially reasonable steps to ensure the ongoing confidentiality, integrity, availability and resilience of our systems and services processing your personal information. In the event of a physical or technical incident, we will restore the availability and access to information in a timely manner. If you have questions about the security of your personal data, please contact us as described below.

We will retain the personal data provided to us by our Customers or that we collect on behalf of our Customers for the length of time needed to fulfill our Services as discussed in this Privacy Notice. This is usually for the life of our commercial agreement with you unless a shorter retention period is requested.

International Data Transfers

We maintain facilities and offices around the world, including in the United States, the European Union, and Japan among other locations. Your personal data may be transferred to, stored, or processed outside of your country or the country in which you were located when you initially volunteered the information. 

As a global marketing technology and services provider working on behalf of our international Customers, we take many steps to protect the personal data in our care, including offering contractual assurances to this effect. Should the relationship with one of our group companies, Customers or partners involve cross-border data flows outside the European Economic Area, we shall formally undertake to comply with the highest data protection standards, notably by adhering to the Standard Contractual Clauses adopted by the European Commission and related requirements under EU data protection and privacy laws. (SCCs are encoded into our Data Processing Addendum.)

Changes to This Privacy Notice

This privacy statement is a notice to you and not a contract between us. We reserve the right to change our privacy statement at any time. If we make changes, we will post them and will indicate on this page the statement’s new effective date. If we make material changes to this statement, we will notify you by email or through notice on within the Experiences platform.

Contact Us

Please direct any questions or comments regarding our privacy policy or practices to us at:.

Marigold Engage+ Head Office
Attention: Privacy
72 W Adams St, 
Chicago, IL 60603
Email

Or contact us using this online form

If you wish to escalate your inquiry after contacting the privacy team, you are welcome to contact our Data Protection Officer, ePrivacy GmbH, at [email protected].

ePrivacy GmbH
Represented by: Prof. Dr. Christoph Bauer

Große Bleichen 21
20354 Hamburg
Sitz Hamburg
HRB118163
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