Privacy Policy


The Marketing Arm Inc.
Privacy Policy

Last Updated: February 20, 2019

The Marketing Arm Inc. (“TMA”) and its operating subsidiaries Alcone Marketing Group, Inc., Fanscape LLC, and Platinum Rye, LLC respect the privacy of every person who visits TheMarketingArm.com (“the Site”) and who uses the services that we make available from the Site (our “Services”) and we are committed to ensuring a safe online experience.

If you are located in the EEA, with respect to transfers of personal data to the U.S., TMA complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States.  TMA, along with its operating subsidiaries, have certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

1. Purpose of This Policy
This privacy policy (“Privacy Policy”) explains our approach to any personal data that we might collect from your or which we have obtained about you from a third party and the purposes for which we process your personal data. This Privacy Policy also sets out your rights in respect of our processing of your personal data. For more information, click here.

This Policy does not cover data rendered anonymous or where pseudonyms are used. Data is rendered anonymous if individuals are no longer identifiable or are only identifiable with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, TMA is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”).

2. Who We Are and What We Do
The Marketing Arm site is operated by The Marketing Arm Inc., and is edited and maintained by a vendor. We are a marketing agency that provides activations on behalf of our clients. These activations could be in the form of digital, experiential, social, and print mediums and channels; collectively known as our Services. Our Services are operated by us internally and/or our vendors and partners.

3. How to Contact Us
If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact our Data Protection Officer (“DPO”) by:

4. WHAT PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
Through the TMA Site, we may obtain the following types of personal data when you choose to provide it:

On behalf of our clients, TMA may collect information such as the following:

Our primary goal in collecting personal information from you is to: (i) verify your identity; (ii) help us improve our products and services and develop and market new products and services; (iii) carry out requests made by you on the Site; (iv) investigate or settle inquiries or disputes; (v) comply with any applicable law, court order, other judicial process; or the requirements of a regulator; (vi) enforce our agreements with you; (vii) protect the rights, property, or safety of us or third parties, including our clients and users of the Site; (viii) provide support for the provision of our Services; and (ix) use as otherwise required or permitted by law.

In particular, we use your personal information for the following purposes:

I. Fulfilment of Products and Services.
We may collect and maintain personal data that you voluntarily submit to us or our clients and vendors during use of the Site and/or use of Services. We use the contact and payment details you have provided so that we may fulfil the supply of products and services you have ordered. This includes your purchase of products or your attendance at events hosted by us or our third-party partners.

A. Who Do We Share Your Personal Data With for This Purpose?
We may share your personal data with the following categories of third-parties:

B. What is our Legal Basis?
It is necessary for us to use your personal data to perform our obligations in accordance with your consent and any contract that we may have with you.

II. Customer Insight and Analysis.
We analyze your contact details with other personal data that we observe about you from your interactions with our Site or our email communications to you regarding the products, and services or other capabilities provided by TMA

Where you have given your consent (where lawfully required), we use cookies, log files, and other technologies to collect personal data from the computer and software you use to access the Site, or from your mobile device. This includes the following:

Our Site and e-mails contain “cookies” "web beacons" or “pixel tags.” (“Tags”). Tags allow us to track receipt of an e-mail to you, to count users that have visited a web page or opened an e-mail, and collect other types of aggregate information. Once you click on an e-mail that contains a Tag, your contact information may subsequently be cross-referenced to the source e-mail and the relevant Tag.

In some of our e-mail messages, we use a “click-through URL” linked to certain websites administered by us or on our behalf. We may track click-through data to assist in determining interest in particular topics and measure the effectiveness of these communications.

III. Marketing communications.
We carry out the following marketing activities using your personal information:

A. Postal Marketing.
We use information that we observe about you from your interactions with our Site, our email communications to you and/or communications we receive from your interactions with our clients and vendors (see the Customer Insight and Analysis Section above for more details of the information collected and how it is collected) and/or your address details, to send you marketing communications by post.

B. Email Marketing.
We use information that we observe about you from your interactions with our Site, our email communications to you and/or communications we receive from your interactions with our clients and vendors (see the Customer Insight and Analysis section above for more details of the information collected and how it is collected) and/or your email address, to send you marketing communications by email, where you have consented to receive such marketing communications, or where we have another lawful basis to do so.

C. Online Personalised Advertising.
We use information that we observe about you from your interactions with our Site, our email communications to you and/or communications we receive from your interactions with our clients and vendors (see the Customer Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised online advertising.

D. Social Media Re-Marketing.
We use information that we observe about you from your interactions with our Sites, our email communications to you and/or communications we receive from your interactions with our clients and vendors (see the Customer Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised advertising on social media channels operated by Facebook, Google, Instagram, LinkedIn, and/or Twitter where you are a registered user of such services.

We do this using Facebook Customer Audiences, Google Customer Match,Instagram, LinkedIn, and/or Twitterrespectively. Please note that such activity is also subject to the privacy choices you have elected to make on such services.

E. Social Media Insight.
Where you are a registered user of a social media platform service, such as Facebook or Google, we may use your email address to enable Facebook and Google to find other registered users of their services that share similar interests to you based on:

We do this using Lookalike Audiences and/or Similar Audience respectively. Please note that such activity is subject to the privacy choices you have elected to make on such services.

5. How We Obtain Consent
Where our use of your personal data requires your consent, you can provide such consent:

6. Our Use of Cookies and Similar Technologies
In order to provide you with a more personalized and responsive experience, our TMA Site uses small text files, called cookies. Generally, cookies are used to retain small amounts of information and are downloaded to your computer or other device by a server for our Site. Your web browser then sends these cookies back to this TMA Site each time you visit, so we can recognize you and remember your user preferences.

Our TMA Site also uses analysis and tracing services to track the performance of our services, understand how you use our services, and offer you a safer and improved experience. Information about your usage of our Site may be collected and processed by TMA, or a third party engaged by TMA. Without the knowledge we gain from using these cookies, we would not be able to provide the level of services we do.

Consent to tracking and analysis
By using our TMA Site, you consent that TMA may use cookies and third-party services, and collect your usage data under a unique identifier, for the purposes of tracking, analysis, and improvement of our Site.

You may, at any time, withdraw your consent by disabling cookies on TMA’s website. The most effective way to do this is to disable cookies in your browser. Each web browser offers a way to manage and delete cookies. We suggest consulting the help section of your browser to change your cookie preferences.

For the purposes of tracking the performance of our services and to improve TMA services, TMA uses the following third-party services:

Google Analytics
Our TMA Site also uses Google Analytics, a third-party analytic service, to track the performance of our services, understand how you use our services, and offer you and improved and safer experience. Google Analytics uses cookies stored on your computer to allow for analysis of your visits to our website and interactions with it in order to personalize your experience and improve our services.

Google analyzes this information to offer TMA reports on website usage and online usage of associated services. Google may also transfer this information to third-parties either when required to do so by law or when third-parties are contracted by Google to process the data. Google undertakes not to associate your IP address with any other data held by Google.

You can prevent cookies from being stored on your computer by changing your browser settings. However, if you choose to do so, your user experience on our Site may be altered. By using TMA’s Site, you consent to have non-personal data used and processed by Google as described above. You can withdraw consent for this use of your data at any time.

Adobe
If you have Adobe Flash installed on your computer and you use some of this website’s audio or video players, Google Analytics may try to store additional cookies on your computer. This type of cookie is known as a  Local Shared Object or Flash cookie. This cookie helps analyze the popularity of media files.  This cookie can count the total number of times each file is played. Adobe's website offers tools to control Flash cookies on your computer. These cookies can be controlled manually by visiting the Adobe website.  http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

7. Third Party Links and Services
Our Site contains a link to a third-party website, Greenhouse Software, Inc. Please remember that when you use a link to go from our Site to another website, or you request a service from a third-party, this Privacy Policy no longer applies. For more information, click here.

8. How Long We Keep Your Personal Information
Subject to applicable law, TMA retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves the purpose for which the Personal Data was originally collected or subsequently authorized by the Consumer.

If your information is only useful for a short period, e.g. for specific marketing campaigns, we may delete it.

9. Confidentiality and Security of Your Personal Data
We are committed to keeping the personal data you provide to us secure. We will take reasonable precautions to protect your personal data from loss, misuse, or alteration. For more information, click here.

10. How to Access Your Information and Other Rights
You have the following rights in relation to the personal information we hold about you:

In compliance with the Privacy Shield Principles, TMA commits to resolve complaints about our collection or use of your personal data. Individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact TMA at:

If an individual has an unresolved complaint or concern that is not addressed satisfactorily, that individual may contact our U.S. based independent alternative dispute resolution provider (free of charge), Judicial Arbitration and Mediation Services (“JAMS”) here for more information or to file a complaint: https://www.jamsadr.com/international-mediation-rules/.

11. TRANSFERS OF PERSONAL DATA OUTSIDE THE EEA
You may have the option, under certain conditions, to select binding arbitration for complaints regarding Privacy Shield Panel compliance not resolved by any of the mechanisms listed above. For further information, please visit this section of the Privacy Shield website: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
TMA commits to cooperating with EU data protection authorities (“DPAs”) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

We may transfer personal data we collect about you to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described herein. Your personal data may also be transferred by us to our other offices and/or to third parties mentioned in the circumstances described above, which may be situated outside the European Economic Area (“EEA”). In the context of a transfer, TMA remains responsible and liable under the Privacy Shield Principles if a third-party that engages to process personal information on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless TMA provides that it is not responsible for the matter giving rise to damages.

For purposes of this Policy, the EEA includes Iceland, Liechtenstein, Norway, and those countries in the European Union.

If you are located in the EEA, we will comply with applicable legal requirements providing adequate protection for the transfer of personal data to recipients in countries outside of the EEA. With respect to transfer of personal data to the U.S., TMA, is certified under the EU-U.S. Privacy Shield framework developed by the U.S. Department of Commerce and the European Commission regarding the transfer of personal data from the EEA to the U.S.

12. YOUNG USERS
TMA does not knowingly collect or use personal data from children under the age of thirteen (13). If TMA gains actual knowledge that information has been collected from children under the age of thirteen in the United States in contradiction with the Children’s Online Privacy Protection Act of 1998 and the regulation thereunder, TMA will not disclose the data and reserves the right to immediately delete the user profile and related information from our servers.

If you are located in the EEA, you are only permitted to use our services if you are over the relevant age, at which you can provide explicit consent to the processing of your data under the laws of your country, or if you have the consent of your parent or legal guardian. If you are a parent and learn that your child is using TMA’s website without permission or if you have any specific questions about data privacy at TMA, please do not hesitate to contact us at TMA_Privacy@themarketingarm.com.

13. ACCESS AND CORRECTION
TMA does not assume responsibility for confirming the ongoing accuracy of your Personal Data. When practically possible if you inform TMA that your Personal Data is no longer accurate, appropriate corrections will be made.

14. CHANGES TO THIS PRIVACY POLICY
We may make changes to this Privacy Policy from time to time. If there are changes or additions to this Privacy Policy, we will notify you by posting those changes here. Changes and additions to this Privacy Policy are effective when they are posted. Please check this web page periodically to see any changes we have made to our Privacy Policy. Date of last Revision to Privacy Policy: May 25, 2018. For more information, click here.

15. LEGAL DISCLOSURES
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of users of the TMA Site. We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.