Privacy Policy

Last Updated: May 22, 2018

At JMARK, we value your privacy and respect your interest in knowing how information about you is collected and used. This privacy policy (“Policy”) describes how we collect, use, and disclose information that we gather about individuals, though a JMARK website, including www.JMARK.com (collectively, “Sites”), from users of JMARK products and/or services as well as services available through public sites, apps, and platforms such as social media (collectively, “Services”), and the information we collect when we communicate or interact with customers, clients, prospects, or other individuals related to the Services (whether by phone, email, event, or other method). This policy also outlines your rights and choices with regard to the information collected about you.

1. Information We Collect
2. Access to Content
3. Purposes for Which We Use Personal Data
4. How We Share Information
5. Use of Cookies, Tracking Technologies, Analytics, and Behavioral Marketing
6. Your Choices and Rights
7. Data Retention
8. How We Protect Your Information
9. Blogs; Forums
10. Linked Sites; Third Party Widgets
11. Children
12. International Transfers
13. Changes to this Policy
14. How to Contact Us/Dispute Resolution

Who are “we”?: This Policy sets out how JMARK Business Solutions, Inc. “JMARK” (or “we”) handles your personal data. JMARK is the data processor for any personal data, obtained through JMARK Services and Sites, with central offices located at 601 North National Avenue, Suite 102, Springfield, MO 65802. JMARK does not have offices in the EU, nor is any data stored in the EU. Data is stored on systems located on systems within JMARK data centers in the United States. Correspondence can be directed to a JMARK Legal Representatives at privacy@JMARK.com. Clients, Customer, Prospects and other that interact with JMARK are ultimately the responsible data controllers for their own data.

Who are “you”?: This Policy applies to any visitor to our Sites; users of the Services; individuals who contact us or with whom we communicated via phone, social media, email, event, or otherwise; and customers, clients, prospects including those with a current and past relationship with JMARK.

To EU Residents: JMARK processes your personal data in accordance with the EU data protection legislation, including national or international legislation implementing the EU Data Protection Directive (until superseded), the Privacy in Electronic Communications (“ePrivacy”) Directive (EU), and the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as amended or superseded.

1. Information We Collect About You.

We collect personal data about you directly from you, from others (e.g., your employer if you are a client/customer of JMARK Services), and automatically when you use the Services or interact with JMARK or JMARK Sites and Services. Often times if we cannot collect this data, we may be unable to service you as a customer or provide products or services to you.

Information We May Collect Directly from You.

At Client/Customer Onboarding. When you become a JMARK Client or Customer, we may require names, email address, location of work, IP addresses, and other identifying information that allows us to service you effectively. You may choose to provide other information at account creation, including contact information (full name, phone number, etc.), employment details (company name/size, your job title, etc.), and a system administrator’s email (if not you).

When Purchasing Services. If you purchase JMARK services, or products through us, you may need to provide us billing and payment information, including full name, company name, billing/shipping address, credit card number, and bank account number. If you do not provide us this information, you may be unable to benefit from and receive JMARK Services.

When Attending Events. We may collect or otherwise receive personal data such as your name, address, phone number, and email when you register for or attend an event where JMARK is a sponsor or participant. This includes both online events such as webinars and social media live streams, and in-person events such as seminars, tradeshows and other types of events.

In Online Submissions. We collect information through interactive features of our Sites – e.g., when you submit online forms; participate in surveys, contests, promotions, or sweepstakes; join online chat discussions; request customer support; respond to “Contact Us” invitations; submit testimonials; or if you refer a colleague to our services. Personal data gathered may include contact information (full name, phone number, email, etc.), employment details (company name/size, job title, etc.), information about your use of JMARK, and any other information you choose to share.

In Other Communications. You may share information in communications with us relating to the Services, including during phone calls (and call recordings), chats, or over email. Personal data gathered may include contact information, employment details, user preferences, and any other information you choose to share. Please only provide us personal data that we need in order to respond to your request

Information We Collect From Your Employer. If the organization you work for is a Client or Customer of JMARK, your employer will provide JMARK your email address in order to provision your account. Your employer may choose to share additional information about you including your profile image, contact information (e.g., full name, phone number, etc.), and employment details (e.g., job title).

Information We Collect From Third Parties.

When Purchasing Services. A third-party intermediary is used to manage credit card processing. It is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf.

From Your Third Party Accounts. You may choose to allow JMARK to access information from accounts you have with other providers:

Single Sign-On. You may be able to log into the Sites or Customer portals, using third-party provided, single sign-on services such as Google OpenID, Skype, Facebook, and Microsoft Single Sign-On. If these services are used to authenticate your identity, you will be asked to share certain personal data with us, such as your name, email address, and other information as indicated when you authenticate your log-in; we may also request or allow you to share other information, such as your image, from these accounts.

Integrations. Our Sites or Services may provide access via connectors and integrations (“Integrations”) to your third party accounts such as Facebook. Integrations can be used to pull and/or push information in and out of the applicable services, and to enable the applicable third party to receive notifications and other content. Any information you authorize to be transferred from between systems through these Integrations is governed by the third party’s privacy statement, not this one. We encourage you to carefully read the privacy statement of any third party you authorize to receive information from.

Third Party Sources. Subject to applicable laws, we may gather information about you from lead-sharing tools including LinkedIn, Facebook, Twitter, Email providers and other services, or as leads from JMARK’s vendor partners, as well as public information – including internet searches relating to you or your company – in order to better service your account and to provide more relevant assistance and marketing. JMARK may also purchase information from data collectors for the purpose of marketing and education.

Information We Intentionally Collect Automatically. We gather information about your use of the Services through cookies, web beacons, java script, log files, database lookup, pixels, and other technologies. We may automatically collect: your domain name, browser type, browser language preference, device type and operating system; page views and links you click within the Sites; IP address, device ID, or other identifier; location information; date and time stamp, and time spent using the Services; referring URL; and your activity within the Sites. We may combine this information with other information we have collected about you, including your user name, name, and other personal data. See “Use of Cookies, Tracking Technologies, Analytics and Behavioral Marketing” for details.

Information We May Unintentionally Collect Automatically. JMARK provides I.T. related services and as part of that, we may view private information when performing the work that our Clients and Customers have contracted with us to perform. This could be in the form of a remote technical support session, where we are not collecting information, but may unintentionally see it. When JMARK services, repairs, or works on systems such as servers and workstations, we may temporarily transfer confidential private date from a system to a backup device before restoring after repair. This data is not stored long-term by JMARK and is subsequently deleted from any JMARK systems after services are performed. Many JMARK Clients and Customers contract us to manage and perform remote backup services and storage. Personal information may be contained within those backups. In the case where those backups are stored on JMARK vendor partner data centers, this policy does not apply. JMARK can provide our vendor partner privacy policies upon request to privacy@jmark.com. In cases where JMARK is not storing backups in vendor partner data centers, it may store data as contracted within JMARK datacenter, which may contain private information within the backup sets.

In the act of providing Services, JMARK may collect IP address information, usernames, names, email addresses and present physical locations. These IP addresses may be tied to other confidential information in other systems as outlined in this privacy policy.

Some JMARK clients and customers may request Internet filtering services, which can provide website history and tracking, along with IP address, individual names, and other information. This data may be stored temporarily on JMARK systems within a JMARK data center. The same is true for organizations utilizing JMARK email filtering services. While information will be stored by JMARK vendor partners, JMARK may also have access to private email communication, logs, and other data that could identify name, email addresses, and other information.

In some cases JMARK provides Internet services through JMARK data centers. In these cases, network logs can identify user names, IP addresses, computer names and other identifying information.

JMARK provides network management for many clients and customers. Through this service JMARK may be exposed to and store information such as name, IP addresses, website history, computer names, location, and other identifying information.

JMARK provides various security services. As part of these services JMARK may be exposed to and store information such as name, IP addresses, computer names, location, and other identifying information. In cases where JMARK is contracted to perform phishing testing on Client employees, Client employees may be deceived into providing confidential information to assess security acumen and training needs.

JMARK provides colocation, server hosting, and private cloud services to some clients. In such cases JMARK may be exposed to and store information on these systems such as name, IP addresses, computer names, location, customer information, and other identifying information. In cases where data is stored on vendor partner systems, this policy does not apply. Vendor partner privacy policies may be requested by sending an email to privacy@jmark.com.

JMARK provides policy management services to some clients. In such cases JMARK may be exposed to and store information such as name, email addresses, and other identifying information.

In order to improve JMARK customer service, phone calls between JMARK and clients using the JMARK phone system may record conversations. In such cases JMARK may be exposed to and store information such as name, IP addresses, email addresses, passwords, and other identifying information.

All email and chat communications with JMARK are recorded and stored. These communications, may contain names, IP addresses, email addresses, passwords, and other identifying information.

JMARK provides mobile device management services to some Clients and Customers. In such cases JMARK may be exposed to and store name, email, applications on a mobile phone, locations and other identifying information.

As JMARK provides all of its services, there may be times when identifying information such as names, email addresses, passwords and more could be written down on a piece of paper for reference when visiting a client. Identifying information may also be stored in JMARK ticketing systems. All paper records are destroyed after use. Ticketing data is stored indefinitely.

Summary of Information We May Collect on You. While JMARK has attempted to disclose all information that could be collected about you, please know that as an I.T. services company we have an enormous amount of data that could be combined to identify people, behaviors, and other information. While it is not our attempt to do so, there may be other information that could be extrapolated from data. If there are any questions or concerns, please contact JMARK by sending an email to privacy@jmark.com.

2. Content.

Our Customers and Clients are responsible for ensuring that Content is collected and handled (including any personal data therein) in compliance with applicable laws. As a processor, we handle Content as directed by our Customers, Clients (the controllers), pursuant to our relevant customer agreements. We only access Content as necessary to:

• Respond to and manage customer I.T. services
• Comply with the law or legal proceedings; for example, we may disclose Content in response to lawful requests by public authorities, including responding to national security or law enforcement disclosure requirements.
• Investigate, prevent, or take action against suspected abuse, fraud, or violation of our policies and terms.

3. Purposes for which We Use Personal Data

We use the personal data we collect under this Policy in furtherance of our legitimate business interests, which include:

• Provision of Services: To provide and operate our Services, fulfill your orders and support requests, process your payments, for reporting and analysis, to perform upgrades and maintenance, and for similar purposes.
• Customer Support: To communicate with you about your use of the Services; respond to your communications, complaints and inquiries; provide technical support; and for other customer service and support purposes.
• Personalization: To tailor content we send or display to you in order to offer location customization and personalized help and instructions, and to otherwise personalize your experience using the Services.
• Marketing and Promotions: For direct marketing and promotional purposes. For example, we may use contact information such as your email address to send you newsletters, special offers or promotions, or to otherwise contact you about JMARK products or information we think may interest you. As explained above, we do not use Content for direct marketing purposes. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. You may opt out of receiving marketing emails by following the opt-out instructions in the email or emailing privacy@JMARK.com. We may still email customer service and transaction-related communications, even if you have opted out of receiving marketing communications.
• Advertising: To assist in advertising the Services on third party websites.
• Analytics and Improvement: To better understand how users access and use the Services, and for other research and analytical purposes, such as to evaluate and improve the Services and to develop additional products, services, and features.
• Protect Legal Rights and Prevent Misuse: To protect the Services; prevent unauthorized access and other misuse; and where we believe necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of this Policy.
• Comply with Legal Obligations: To comply with the law or legal proceedings; for example, we may disclose information in response to lawful requests by public authorities, including responding to national security or law enforcement disclosure requirements.
• General Business Operations: Where necessary to the administration of our general business, accounting, recordkeeping, and legal functions.

*For the personal data from the EU that we process, this column describes the relevant legal bases for such processing under GDPR (and local implementing laws of EU member states); this does not limit or modify the obligations, rights, and requirements under the privacy laws of non-EU jurisdictions.

** For the personal data from the EU, the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Marketing to EU data subjects is never intentional as we only serve Client and Customers in the U.S., although some marketing may be received from EU residents, due to inaccurate segmentation within marketing systems. EU residents may opt-out at any time through established methods within marketing communication or by sending an email to privacy@jmark.com.

4. How We Share Information

We will not sell information about you to a third party or allow a third party to use information we provide for its own marketing purposes. We may share information about you with your consent, at your request, or as follows:

Corporate Users

Content and Usage. JMARK is a data processor with respect to Content and certain other user information we collect in providing the Services to our customers and clients. This means: (a) the corporate Customer or Client controls the information and determines how it may be used, and (b) we will process this information from our Customers or Clients where otherwise required by applicable laws. So, if you use the Services under a corporate account, Content and other information associated with your account may be disclosed to the corporate Customer or Client administrator for the corporate account.

Corporate Entity. If the email address which we have for you belongs to a corporate entity (with the exception of known ISP email providers such as Gmail), we may disclose your email address and other information to the corporate account administrator or internal JMARK marketing resources.

To Resellers/Payment Processors. If you sign up for certain products or services and you are located outside the U.S., we may share your information with a JMARK reseller so they can contact you about our products, services, and offers. We will disclose such sharing when you sign up for the applicable product or service, and will, where required by law, obtain your consent. If you purchase access to the Services through a reseller (regardless of location), we may share certain information about your account and feature usage with the reseller (or their affiliate) in furtherance of their relationship with you. If you use a third party to facilitate your payment obligations, we will share certain account-usage and billing-related information about your account with such third party for billing and business administration purposes. Resellers and payment processors are independent data controllers of your personal data.

When Processing Referrals. When you refer a colleague who later signs up for the JMARK Services, we may contact you about the successful referral to provide you a credit or incentive.

In Testimonials. With your consent, we may publish Customer/Client testimonials you share with us, which could contain personal data such as your full name and other information you choose to share. If you wish to update or remove your testimonial, please notify us at privacy@jmark.com.

Through Use of Community Features. Our Sites may include interactive features, including forums, online communities, bulletin boards and publicly accessible blogs (“Community Features”). You should be aware that any information that you post in a Community Feature might be read, collected, and used by others who access it. To request removal of your personal data from a Community Feature, contact us at privacy@jmark.com. We will make commercially reasonable efforts to remove your personal data from our Sites, and will let you know if we are unable to do so and why.

To Our Service Providers. We may share information about you with third party vendors, consultants and other service providers (data processors) who are working on our behalf or providing services to us. We obtain appropriate contractual protections to limit these service providers’ use and disclosure of any information about you that we share with them.

Infrastructure Processors. We use certain third parties for some of the infrastructure used to host data that is managed by JMARK, including cloud providers.

Service Processors. We use third party service providers to process your personal data to assist us in business and technical operations. JMARK has data processing agreements with such service providers, and their use of and access to personal data is limited to specific purposes. They provide services relating to: billing, customer support, internet and connectivity, marketing (direct mail, email, lead generation), security, user experience.

Subcontractors: Independent Contractors. We may employ the assistance of independent contractors to work on specific projects. We train these independent contractors on applicable JMARK policies and they are required to adhere to substantially the same data security practices as are JMARK employees.

As Required by Law. We release information about you if we believe we must do so to comply with the law or a subpoena, bankruptcy proceeding, or similar legal process.

To Protect Rights. We may disclose information about you, such as your name, contact information, and billing information, to enforce our agreements with you or to protect the rights and safety of JMARK, our customers, our users, and the general public, or as evidence in litigation in which we are involved.

In a Business Transaction. If JMARK is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred to the acquiring entity as part of the transaction, and may also be reviewed as part of the due diligence review for the transaction. For example, we may need to provide a list of all customer accounts and payment histories.

Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research, or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate demographic information with that third party about the users to whom we displayed the advertisements.

5. Use of Cookies, Tracking Technologies, Analytics and Behavioral Marketing

    

In order to make our Sites and Services as user-friendly as possible, we – like many other companies – use “cookies”.

Cookies. A cookie is a small text file that is stored in your web browser that allows JMARK or a third party to recognize you. Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”

Types of Cookies.

Essential Cookies. These are first party cookies that are sometimes called “strictly necessary.” For example, essential cookies help remember your preferences as you move around different JMARK Sites and Services.

Analytics Cookies. These cookies track information about how JMARK Sites and Services are being used so that we can make improvements and report and improve performance. They collect information about how visitors use the Sites and Services, which site the user came from, the number of each user’s visits, and how long a user stays on the Sites and Services. We might also use analytics cookies to test new pages or features to see how users react to them. Analytics cookies may either be first party cookies or third party cookies.

Preference Cookies. These cookies are also sometimes called “functionality cookies.” During your visit to JMARK Sites and Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or region). They also store your preferences when using the Sites and Services, for example, your preferred language. These preferences are remembered, through the use of persistent cookies.

Targeting or Advertising Cookies. These third party cookies are placed by third party advertising platforms or networks in order to deliver ads, track ad performance, and enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral” “tracking” or “targeted” advertising). More information about how cookies are used for advertising purposes is explained below in Behavioral Targeting and Remarketing.

JMARK’s Use of Cookies. We may use cookies to uniquely identify you, to help us process your transactions and requests, to track aggregate and statistical information about individual activity, and to display advertising on third-party sites. Generally, we use these technologies to manage content, analyze trends, monitor page visits and content downloads, administer the Sites, track users’ movements around the Sites, and to gather statistics about our how individuals use our Sites and Services. These technologies may provide us with personal data, information about devices and networks you utilize to access our Sites and Services, and other information regarding your interactions with our Sites and Services.

How to Disable Cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies, be aware that some features of our Services may not function.

To learn more about how to control cookie settings through your browser:

• Click here to learn more about the “Private Browsing” setting and managing cookie settings in Firefox.
• Click here to learn more about “Incognito” and managing cookie settings in Chrome.
• Click here to learn more about “InPrivate” and managing cookie settings in Internet Explorer.
• Click here to learn more about “Private Browsing” and managing cookie settings in Safari.

Clear GIFs. Clear GIFs (a.k.a. web beacons or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, clear GIFs are embedded invisibly on web pages, and are not stored on your hard drive. We might use clear GIFs to track the activities of Site visitors and users of our Services, to help us manage content, and to compile statistics about usage. We and our third party service providers also might use clear GIFs in HTML e-mails to our customers to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third-Party Analytics. We also use automated devices and applications, such as Google Analytics, VisualVisitor, HotJar, to evaluate use of our Sites and Services. We use these tools to gather non-personal data about users to help us improve our Services and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information they collect about you on our Sites with other information they have collected for their own purposes. This Policy does not cover such uses of data by third parties.

Behavioral Targeting and Remarketing. We use advertising platforms, including but not limited to Google Ads/DoubleClick (more info here), Facebook Custom Audience (more info here), LinkedIn Marketing (more info here), Microsoft/Bing (more info here) and InfusionSoft (more info here), to display ads as part of our advertising campaigns. As a result, our ads may be displayed to you on a search results page or on third party sites. Our advertising partners use cookies and other technologies to collect information about your activities on our Sites to provide you targeted advertising based upon your interests. These third parties may collect your IP address or other device identifiers and combine the information they collect on our Sites with information about your visits to other sites to create market segments that they will use to more effectively advertise our services and those of other advertisers.

Custom Audiences. We may share your email address or other information with our advertising partners to assist us in reaching you with more relevant ads outside of the Sites; they are not permitted to use this information for their own or third party marketing purposes.

Opting Out of Ad Networks. If you wish to not have this cross-site information used for the purpose of serving you targeted ads, you may opt-out of many ad networks by clicking here (or if located in the European Union, click here). You will continue to receive ads on the sites you visit, but the ad networks from which you have opted out will no longer target ads to you based upon your activities on other sites. Please note, however, that these opt-out mechanisms are cookie based; so, if you delete cookies, block cookies or use another device, your opt-out will no longer be effective. For more information, go to www.aboutads.info.

Do Not Track. Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. You can use the “help” portion of the toolbar on most browsers to learn how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies, be aware that some features of our Sites and Services may not function.

6. Your Choices and Rights

Content. Requests to access, delete, or modify Content will be directed to the Customer who owns the account. If you wish to request access to personal data contained in Content to delete, modify, or limit use, please provide us with the name of the Customer who submitted your information to our Services. We will refer your request to that Customer and will support them as needed.

Marketing Choices. Customers can always opt out of being contacted by us for marketing or promotional purposes by following the opt-out instructions located in the e-mails we send, by changing the account privacy settings, or by emailing us at privacy@JMARK.com. Please note that if you opt out of marketing communications, JMARK will continue to send you transactional or service-related communications, such as service announcements and administrative messages.

Users in the European Economic Area.

Individuals in the EEA have the following rights with respect to their personal data:

• Access. You can ask us to confirm whether we are processing your personal data; give you a copy of that data; and provide you with other information about your personal data such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad, how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out any profiling, to the extent that such information has not already been provided to you in this Policy.
• Rectification. You can ask us to rectify inaccurate information. We may seek to verify the accuracy of the data before rectifying it.
• Erasure. You can ask us to erase your personal data, but only where it is no longer needed for the purposes for which it was collected; you have withdrawn your consent (where the data processing was based on consent); following a successful right to object (see ‘Objection’ below); it has been processed unlawfully; or to comply with a legal obligation to which we are subject. We are not required to comply with your request to erase your personal data if the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances in which we would deny that request.
• Restriction. You can ask us to restrict (i.e., keep but not use) your personal data, but only where its accuracy is contested (see ‘Rectification’ above), to allow us to verify its accuracy; the processing is unlawful, but you do not want it erased; it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise, or defend legal claims; you have exercised the right to object, and verification of overriding grounds is pending. We can continue to use your personal data following a request for restriction where we have your consent; to establish, exercise, or defend legal claims; or to protect the rights of another natural or legal person.
• Objection. You can object to any processing of your personal data which has our ‘legitimate interests’ as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. Once you have objected, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. In addition, you can object to the processing of your personal data for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing without providing any reason. We will then cease the processing of your personal data for direct marketing purposes.
• Portability. You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format.
• Withdrawal of Consent. You can withdraw your consent in respect of any processing of personal data which is based upon a consent which you have previously provided.

7. Data Retention

We keep your personal data for as long reasonable necessary for the purposes set out in Section 4 above. Except as noted below, we will retain your account profile data as necessary for our legitimate business purposes or to comply with our legal obligations (such as record keeping, accounting, fraud prevention and other business administrative purposes); generally, where we no longer have a legitimate business purpose to retain it, we will anonymize or delete such personal data. However, we will maintain your personal information longer where required for tax or accounting purposes, to ensure we would be able to defend or raise a claim, or where we have a specific need to retain, though we will generally not keep personal data for longer than seven years following the last date of communication with you. Legitimate business purposes that we may rely on to keep your personal data when you are not a customer include direct marketing (where you have not opted-out) for up to two years, facilitating the restoration or establishment of a user account in the future, maintaining JMARK’s business intelligence systems for analytics and other internal purposes, etc. Where your information is no longer required, we will ensure it is disposed of in a secure manner.

8. How We Protect Your Information

We have implemented technical, physical, and administrative safeguards to protect your information. However, no company, including JMARK, can guarantee the absolute security of Internet communications. If you have any questions about how we secure your information, please contact JMARK at privacy@jmark.com.

9. Blogs; Forums

Our Sites may contain publicly accessible blogs and community forums (including the Community Features). Be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your information from our blog or community forum, contact us at privacy@jmark.com. In some cases, we may not be able to remove your information; if that happens, we will let you know why.

10. Linked Sites; Third Party Widgets

Links to Other Websites. Our Services include links to other websites with privacy practices that may differ from ours. Any information you submit to a website not belonging to JMARK is governed by that site’s privacy statements, not this one. We encourage you to carefully read the privacy statement of any website you visit.

Plugins and Social Media Widgets. Our Sites may include social media features and widgets (collectively “Widgets”), such as a “share this” button or other interactive mini-programs that run on our Services. Widgets can be used to provide you specific services from other companies (e.g., displaying the news, opinions, music, etc.). Personal data, such as your email address, may be collected through the Widgets. Cookies may also be set by the Widgets to enable them to function properly. Widgets displayed on our Sites are not hosted by JMARK and are subject to the privacy policies of the third party company providing the Widget, and not this Policy.

11. Children’s Personal Data

The Services are not directed toward children and we do not encourage children to participate in providing us with any personally identifiable information. We do not knowingly collect any personal data from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal data through the Sites and Services. If you have reason to believe that a child under the age of 13, without a parent or guardian’s consent has provided personal data to us please contact us at privacy@JMARK.com, and we will use commercially reasonable efforts to delete that information.

12. International Transfers

International Transfer of Data. We are based in the United States and the information we collect is governed by U.S. law. The information we collect may be transferred to, used from, and stored in the United States or other jurisdictions in which JMARK, our affiliates, or service providers are located; these jurisdictions (including the United States) may not guarantee the same level of protection of personal data as the jurisdictions in which you reside. By using the Sites and Services, you acknowledge and agree to any such transfer of information outside of the jurisdiction in which you reside.

Law Enforcement Requests. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Onward Transfers. Third parties who process personal data on our behalf must agree to use such personal data only for the purpose for which it is provided by us and they must contractually agree to provide adequate protections for personal data. JMARK will continue to be liable for any onward transfers of personal data to such third parties. Where required by applicable data protection laws, we have ensured that such third parties sign standard contractual clauses.

13. Changes to this Policy

We may update this Policy to reflect changes to our privacy practices. If you are a JMARK customer and we make any material changes that affect the way we treat information that we have previously collected from you, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice through the Services prior to the change becoming effective. We encourage you to periodically review this Policy for the latest information on our privacy practices.

14. How to Contact Us/Dispute Resolution

If you have any questions or concerns regarding the way in which your personal data is being processed or you want to exercise your rights above, please reach out to JMARK using the contact information below:

• Legal and Compliance Representatives, who serve as JMARK’s data protection contact, can be contacted at privacy@JMARK.com.

If you remain dissatisfied, you have the right to reach out directly to the Data Protection Authority in your jurisdiction. We do ask that you please attempt to resolve any issues with us first, although you have a right to contact the Data Protection Authority at any time.