Compliance and Considerations
COMPLIANCE AND CONSIDERATIONS
GENERAL DATA PROTECTION REGULATION (GDPR)
The European Union (EU) enforced a new set of regulations designed to protect the data security and the privacy of its citizens. Enforcement of the General Data Protection Regulation (GDPR) went into effect May 25, 2018, and is applicable to all EU citizens and any business entity that transacts with them, regardless of the location of the business.
The GDPR policy defines personal data as individual information that relates to private, public or professional life. This might include photos, names, bank details, medical information, device ID and IP addresses.
One of the ways that the GDPR will be enforced is by being stricter about getting consent from consumers before gaining access to their personal information. In layman's terms, this means that as you spend time on the internet, you’re going to see more things like pop-ups advising you that the site is using cookies.
Another way that businesses can build trust with users is via a consent agreement, a simple example of this is newsletter signup. This represents a consensual exchange of information that is transparent and of value for both parties.
OUR COMMITMENT TO DATA PRIVACY AND GDPR COMPLIANCE
MARKETN endeavors to process Personal Data in compliance with the European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”). We are committed to complying with GDPR following privacy and security best practices applicable to our industry. We have aligned how we process and protect personal data with applicable laws (both domestic and European). We adhere to the applicable privacy and security requirements of the GDPR.
YOUR RIGHTS, INCLUDING OPT-OUT OPTIONS
According to the GDPR, you have the rights:
- to access and rectify your data (to help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information);
- to opt-out of receiving marketing messages from MARKETN at any time, free of charge, by unsubscribing through the unsubscribe or opt-out link in an email, or by sending an email to email@example.com. We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
- to be forgotten or to the erasure of your data, as well as to the restriction of processing of Personal Data (this may result in the inability to use the Services of MARKETN or access certain pages of its website);
- to retract your consent at any time to the process of your data;
- to portability of your data;
- to be informed, in case of the automated decision-making process, of the logic underlying the system and the importance and consequences envisaged by the processing for the person concerned.
CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
Data privacy is a major concern for digital consumers. With the European Union’s passing of the General Data Protection Regulation (GDPR) in 2018, data privacy became a multinational legal concern. Beginning January 1, 2020, the California Consumer Privacy Act (CCPA) looks to accomplish many of the same protections as GDPR.
CCPA protects consumers from having their data be used and sold against their expressed will. It also addresses the very real risk of a data breach, in which data could be captured by hackers. The CCPA’s protections guarantee California consumers some basic rights:
KNOWLEDGE. Know what kinds of personal information a company is collecting and how that data is collected, used, sold and shared.
OPT-OUT. Choose not to participate — the right to prevent companies from selling personal data to third parties.
DELETION. Wiping out any personal information collected at the consumer’s request.
ACCESS. Receive equal service with no penalties for privacy, protecting the consumer from discrimination for acting on CCPA rights.
Under California Civil Code Section 1798.83, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Data, such as name, e-mail and mailing address including billing ZIP code and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at firstname.lastname@example.org. We will respond to such requests for information access within 10 days following receipt at the e-mail.
The Department of Justice (DOJ) published the Americans with Disabilities Act (ADA) Standards for Accessible Design in September 2010. These standards state that all electronic and information technology must be accessible to people with disabilities.
The ADA differs from Section 508 regulations, which are an amendment to the Rehabilitation Act of 1973 and apply to all information technology, including computer hardware, software and documentation.
MARKETN’S WEB COMPLIANCE WITH ‘ADA’ REQUIREMENTS
MARKETN is committed to making our website accessible to all users, including those with disabilities. Our goal is to provide an accessible website that conforms to Section 508 Guidelines and the World Wide Web Consortium’s Accessibility Guidelines (WCAG) 2.0 Level AA. Some existing content may not be in compliance, and some content may meet only the minimum required compliance standards. While every effort will be made, it is understood that creating accessible formats for some documentation and graphical renderings maintained by MARKETN may be technologically unfeasible, impractical, or creates an undue hardship to MARKETN’s operations.
MARKETN continues to improve the accessibility of this site as new technology and opportunities emerge. We welcome your questions and suggestions to guide our efforts. If you experience any difficulty in accessing a page on our website due to a disability, please contact us at email@example.com. Please provide the URL of the page you tried to access, the problem you experienced, and your contact information. Be sure to include your name, email address and phone number so that we may contact you to provide the information in another format.
We will continue to test the site to make sure that all content on the site is accessible to all visitors. We will also continue to work to improve the accessibility standards of our website.