State Supplemental Website Privacy Notice for California, Colorado, Virginia, Utah, & Connecticut Consumers

This State Supplemental Website Privacy Notice (“Supplemental Notice”) applies only to information collected about California, Colorado, Virginia, Utah, and Connecticut consumers. It provides information required under the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 (collectively, the “CPRA”), the Colorado Privacy Act of 2021 (the “CPA”), the Virginia Consumer Data Protection Act of 2021 (the “VCDPA”), the Utah Consumer Privacy Act of 2022 (the “UCPA”), and the Connecticut Data Privacy Act of 2022 (“CDPA”). We also provide a brief paragraph regarding information collected about Nevada consumers under the heading “Privacy Notice for Nevada Residents” at the end of this Supplemental Notice. The other portions of this Supplemental Notice do not apply to Nevada consumers.

This Supplemental Notice describes Marketforms, LLC (“Marketforms,” “we,” “us,” or “our”) practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests. This Supplemental Notice is broader in scope than our website Privacy Policy because our Website Privacy Policy applies only to information collected through the various websites we own and operate (“Sites”).

Some portions of this Supplemental Notice apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

A. Definitions

 “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes “personal data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA. Personal Information also includes “Sensitive Personal Information,” as defined below, except where otherwise noted.

• “Sensitive Personal Information” means Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious beliefs, or union membership; contents of email or text messages; and genetic data. Sensitive Personal Information also includes processing of biometric information for the purpose of uniquely identifying a consumer and Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. Sensitive Personal Information also includes “sensitive data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA.
• “Third Party” has the meanings afforded to it in the CPRA, CPA, VCDPA, UCPA, and CDPA.
• “Vendor” means a service provider, contractor, or processor as those terms are defined in the CPRA, CPA, VCDPA, UCPA, and CDPA.

To the extent other terms used in this Supplemental Notice are defined terms under the CPRA, CPA, VCDPA, UCPA, or CDPA they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the four statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you. 

B. Collection & Processing of Personal Information

We, and our Vendors, may have collected and processed the following categories of Personal Information about you in the preceding 12 months:

• Identifiers, such as name, alias, online identifiers, account name, physical characteristics or description;
• Contact and financial information, including phone number, address, email address, financial information;
• Characteristics of protected classifications under state or federal law, such as age and gender;
• Commercial information, such as transaction information and purchase history;
• Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
• Geolocation data, such as device location;
• Audio, electronic, visual and similar information, such as customer service call recordings;
• Professional or employment-related information, such as work history and prior employer;
• Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
• Sensitive personal information, including:
• Personal Information that reveals account log-in in combination with any required security or access code, password, or credentials for allowing access to an account.

Retention of Personal Information. We retain your personal information for only as long as is necessary for the purpose for which it was collected. In certain circumstances, we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

 C. Categories of Personal Information We Disclose to Vendors & Third Parties

We may disclose the following categories of Personal Information to Vendors and Third Parties:

• Identifiers, such as name, alias, online identifiers, account name, physical characteristics or description;
• Contact and financial information, including phone number, address, email address, financial information;
• Characteristics of protected classifications under state or federal law, such as age and gender;
• Commercial information, such as transaction information and purchase history;
• Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
• Geolocation data, such as device location;
• Audio, electronic, visual and similar information, such as customer service call recordings;
• Professional or employment-related information, such as work history and prior employer;
• Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
• Sensitive personal information, including Personal Information that reveals account log-in in combination with any required security or access code, password, or credentials for allowing access to an account.

Disclosure for California Consumers: For purposes of the CPRA, a “sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration. We do not sell personal information to third parties in exchange for money or as “sell” is traditionally defined. Under CPRA’s definitions, we sell and share Personal Information about California consumers to third parties, including in the past twelve months. We do not have actual knowledge that we sell or share Personal Information of California consumers under 16 years of age.

Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: We sell Personal Information to Third Parties and process Personal Information for purposes of targeted advertising, as the terms “sell,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CDPA. We do not sell personal information to third parties in exchange for money or as “sell” is traditionally defined.

How to Opt-Out of the Sale, Sharing, and Use of Your Personal Information for Targeted Advertising: To opt-out of the sale or sharing of your Personal Information, or the processing of your Personal Information for purposes of targeted advertising, please click on the link to our “Cookie Preferences” or email privacy@marketforms.com

D. Sources from Which We Collect Personal Information

We collect Personal Information directly from California, Colorado, Virginia, Utah, and Connecticut consumers, as well as from joint marketing partners, public databases, providers of demographic data, publications, social media platforms, and Vendors and Third Parties when they disclose the information to us.

E. Purposes for Processing Personal Information

We, and our Vendors, collect and process the Personal Information (excluding Sensitive Personal Information) described in this Supplemental Notice to:

• Improve the content of our Sites and to improve our products and services;
• Customize the Sites and the products and services we provide to your preferences;
• Communicate with you about our products and services, webinars, events, certifications, promotions, and sweepstakes;
• Authenticate your identity for secure handling of Marketforms's clients' accounts;
• Conduct marketing and perform marketing research and other internal analytics;
• Ensure you are no longer contacted in the event you unsubscribe from marketing campaigns;
• Market future available products and services, including our software offerings, that may be of interest to you;
• Measure your interest in our products and services;
• Assess and identify new customers and potential customer opportunities;
• Conduct user experience research and administer experience surveys;
• Provide webinars, events, certifications, promotions, and sweepstakes, including the management of your registration and participation in such events;
• Maintain the security of the Sites and our product and services;
• Manage our general business administration, including Site management, accounting, recordkeeping, and legal functions; and
• Enforce our policies and comply with applicable law.

We, and our Vendors, collect and process the Sensitive Personal Information described in this Supplemental Notice only for:

• Performing or providing the services reasonably expected by an average consumer who requests those services;
• Ensuring security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes;
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer's current interaction with us; provided that we will not disclose the consumer's Personal Information to a Third Party and or build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with the business;
• Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, providing storage, or providing similar services on our behalf;
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned or controlled by us, and to improve, upgrade, or enhance the service or device that is owned or controlled by us.

F. Categories of Entities to Whom We Disclose Personal Information

• Affiliates & Vendors. We may disclose your Personal Information to our affiliates and Vendors for the purposes described in Section E of this Supplemental Notice. Our Vendors provide us with services for our websites, as well as other products and services, such as web hosting, data analysis, payment processing, order fulfillment, customer service, infrastructure provision, technology services, email delivery services, credit card processing, legal services, and other similar services. We grant our Vendors access to Personal Information only to the extent needed for them to perform their functions, and require them to protect the confidentiality and security of such information.
• Third Parties. We may disclose your Personal Information to the following categories of Third Parties:
• Commercial and Collaboration Partners. We may disclose your personal information to our partners that provide similar products or services so they may promote such products and services for sale in conjunction with Marketforms’s products and services. Depending on the choices you have made and the nature of the joint activity, these third parties may contact you regarding Marketforms-related products, programs, services and promotions that may be of interest to you.
• At your direction. We may disclose your personal information to other parties with your consent or at your direction.
• Business Transfers or Assignments. If we decide to reorganize or divest part or all of our business or a line of our business, including our information databases and websites, through a merger, sale, joint venture or collaboration, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer any and all information that we collect from Site users or offline to a third party. We will disclose your personal data to such company (without your consent or any further notice to you). In such circumstances, we will seek written assurances that your personal information submitted through our Sites will be protected consistent with this Privacy Policy.
• Other Third Parties. We may disclose certain information collected by third parties to such third parties, such as information collected via cookies, pixels, web server data, and other similar technologies.
• Legal and Regulatory. We reserve the right to disclose your personal information as required by law, when we believe disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, Marketforms, or others. We have no obligation to notify you of such disclosures, except as required by applicable law.
• Aggregate Information. We may disclose information that does not personally identify you for any purpose, except where we are required to do otherwise under applicable law.

G. Data Subject Rights

• Exercising Data Subject Rights. California, Colorado, Virginia, Utah, and Connecticut consumers have certain rights with respect to the collection and use of their Personal Information. Those rights vary by state. As required by the CPRA, we provide detailed information below regarding the data subject rights available to California consumers. Colorado, Virginia, Utah, and Connecticut consumers have similar rights and can find more detail by referencing the CPA, VCDPA, UCPA, or CDPA, as applicable.
• You may exercise the data subject rights applicable to you under the CPRA, CPA, VCDPA, UCPA, or CDPA by contacting our Privacy team at privacy@marketforms.com, or by calling 303-353-1945. Consumers in some states may also authorize an agent to make data subject requests on their behalf.
• Verification of Data Subject Requests. We may ask you to provide information that will enable us to verify your identity in order to comply with your data subject request. In particular, when a California consumer authorizes an agent to make a request on their behalf, we may require the agent to provide proof of signed permission from the consumer to submit the request, or we may require the consumer to verify their own identity to us or confirm with us that they provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under applicable law. We will respond to your request consistent with applicable law.
• Non-Discrimination. We will not discriminate against you for exercising your data subject rights. For example, we will not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.
• Appeals for Virginia, Colorado, and Connecticut Consumers. Virginia, Colorado, and Connecticut consumers have the right to appeal our decisions on their data subject requests. This section does not apply to California or Utah consumers. To appeal our decision on your data subject requests, you may contact our Privacy team at privacy@marketforms.com, or by calling 303-353-1945. Please enclose a copy of or otherwise specifically reference our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
• Data Subject Rights Disclosure for California Consumers: California consumers have the following rights regarding our collection and use of their Personal Information, subject to certain exceptions.
• Right to Receive Information on Privacy Practices: You have the right to receive the following information at or before the point of collection:
• The categories of Personal Information to be collected;
• The purposes for which the categories of Personal Information are collected or used;
• Whether or not that Personal Information is sold or shared;
• If the business collects Sensitive Personal Information, the categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
• The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.

We have provided such information in this Supplemental Notice, and you may request further information about our privacy practices by contacting us as at the contact information provided above.

• Right to Deletion: You may request that we delete any Personal Information about you we that we collected from you.
• Right to Correction: You may request that we correct any inaccurate Personal Information we maintain about you.
• Right to Know: You may request that we provide you with the following information about how we have handled your Personal Information in the 12 months preceding your request:
• The categories of Personal Information we collected about you;
• The categories of sources from which we collected such Personal Information;
• The business or commercial purpose for collecting Personal Information about you;
• The categories of Personal Information about you that we shared or disclosed and the categories of Third Parties with whom we shared or disclosed such Personal Information; and
• The specific pieces of Personal Information we have collected about you.
• Right to Receive Information About Onward Disclosures: You may request that we disclose to you:
• The categories of Personal Information that we have collected about you;
• The categories of Personal Information that we have sold or shared about you and the categories of Third Parties to whom the Personal Information was sold or shared; and
• The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
• Right to Non-Discrimination: You have the right not to be discriminated against for exercising your data subject rights. We will not discriminate against you for exercising your data subject rights.
• Right to Opt-Out of the Sale and Sharing of Personal Information.If we sell or share your Personal Information to or with third parties, you have the right, at any time, to direct us not to sell or share your Personal Information. Alternatively, you may opt-out directly using “Cookie Preferences” located at the bottom of our webpages. Marketforms does not sell or share the Personal Information of minors under.

H. Other Disclosures

• California Residents Under Age 18. If you are a resident of California under the age of 18 and a registered user of our website, you may ask us to remove content or data that you have posted to the website by writing to privacy@marketforms.com. Please note that your request does not ensure complete or comprehensive removal of the content or data, as, for example, some of your content or data may have been reposted by another user.
• Privacy Notice for Nevada Residents. We do not sell Covered Information as defined under Nevada law, as we do not sell personal information to third parties for monetary consideration.
• Changes to our Supplemental Notice. We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website and listing the effective date of such updates.

If you have questions, you can contact us at:

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