TERMS AND CONDITIONS OF USE
Last Updated: September, 27, 2017
MARKETSTAR has a strong commitment to protect customers' privacy on all the Web sites it operates (the "Web Sites"). We pledge that as we gather and use information about you, we will do so responsibly. All of our employees are required to safeguard the privacy of information about our customers. This same expectation is made of our partners, contractors and suppliers. By your access and use of the Web Sites, you are agreeing to allow the information collection and use of information as described in this privacy statement.
MARKETSTAR sets high standards for the protection of its customers' privacy over the Internet. Upon request, MARKETSTAR will share with the customer what information it gathers about them, how that information is collected, who uses it, how it is used, how long it is retained and the options available to control the use of collected information.
The information collected from users of MARKETSTAR Web Sites is used to ensure quality customer service or to comply with state and federal regulations. For example, when an on-line employment application is submitted, that information must be retained to ensure fair hiring practices according to state and federal laws. That information would not be used to generate marketing lists, or shared with persons outside of those directly involved in Human Resource efforts at MARKETSTAR. On other occasions, a user may submit information such as general inquiries, on-line ordering, inquiries for product and service information, establishing a profile for receiving coupons & advertisements, and for contests entry. We may use this information for our own customer contact purposes, e.g., to contact or send materials for marketing purposes, or to inform customers of upcoming events and new products. However, we will take commercially reasonable steps to safeguard the information from unauthorized access, and will not make individually identifiable information that is gathered on our sites available to unaffiliated organizations for commercial purposes unrelated to the business of MARKETSTAR.
There may be instances where MARKETSTAR generates general statistics about the information provided by the Web Site users. This analysis is not specific to any one user and is used for evaluation of the effectiveness of the site. These statistics may be used to understand volumes of usage and to improve areas within the Web Site for all our visitors.
MARKETSTAR, or agents on MARKETSTAR's behalf, will use e-mail to respond to specific questions or issues, or to inform about events or new products. MARKETSTAR will not send commercial solicitation via e-mail to individuals who log on to its Web Sites who request it not be sent. If MARKETSTAR should change this policy, this statement will be updated to reflect that change.
Users may be able to link to non-MARKETSTAR sites from this Web Site. MARKETSTAR is not responsible for the content or privacy practices employed by other sites. MARKETSTAR reserves the right to increase its' information collection capabilities in order to better serve our customer needs. This privacy statement will be updated in the event that MARKETSTAR changes its practices regarding customer information collected via the Web Site.
What personally identifiable information is collected on this Web Site? For visitors who request to download a white paper or marketing material, MARKETSTAR collects name, address, phone, e-mail ID and, optionally, company information.
How is it used?
This data is used solely for internal marketing and sales efforts; it is never shared with third party organizations or made available to the general public. A MARKETSTAR sales representative uses it to contact the party requesting information to assist them with the download. In some cases MARKETSTAR may send an e-mail to answer questions or provide information.
The information is stored on our web server but is not publicly accessible from our Web Site. It is e-mailed directly to a MARKETSTAR sales representative. Any visitor who prefers not to provide this information online, or who would like to make corrections, can contact our sales department directly at email@example.com, or call 801-393-1155 and ask for sales.
If you have registered to receive e-mail communications about new products and services from us and later decide to opt-out, you have the following options to do this: You can send and e-mail to firstname.lastname@example.org or you can send requests to the following address:
2475 Washington Blvd.
Ogden, Utah 84401
Any visitor who prefers not to provide this information online, who would like to verify the data or make corrections to it, can contact our sales department directly at email@example.com or call 801-393-1155 and ask for Sales.
If you would like to verify the data we have received from you or to make corrections to it, you may contact our sales department directly at firstname.lastname@example.org or call 801-393-1155 and ask for Sales.
What anonymous information is collected on this Web Site?
Anonymous clickstream information is collected for every visitor to this Web Site. This includes pages viewed, date & time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. There is no association between this information and a visitor's identity.
How is it used?
The information is used by MARKETSTAR to build anonymous behavioral profiles which are written to the MARKETSTAR Knowledge database -- securely housed at the MARKETSTAR data center. These profiles are accessed by MARKESTAR-enabled web sites to offer you personalized content and promotions, and to target relevant, more interesting ads -- all without knowing your identity. Again, there is no association between a MARKETSTAR Knowledge profile and a visitor's identity. For users who prefer not to have their web usage information reflected in MARKETSTAR Knowledge database, MARKETSTAR provides an opt-out procedure.
For more information
If you have any questions, concerns or comments, please e-mail email@example.com.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework
Last Updated: September 27, 2017
MarketStar Corporation (“MarketStar”) respects your concerns about privacy. MarketStar participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) and Swiss-U.S. Privacy Shield Framework issued by the U.S. Department of Commerce. MarketStar commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in reliance on the Privacy Shield. This Policy describes how MarketStar implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee, temporary worker, intern or other non-permanent employee of any subsidiary or affiliate of MarketStar, who is located in the EU.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by MarketStar in the U.S. from the EU and Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Supplier” means any supplier, vendor or other third party located in the EU or Switzerland that provides services or products to MarketStar.
MarketStar’s Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Consumer Personal Data processing with respect to information obtained through MarketStar’s website, please visit the Online Privacy Notice.
Types of Personal Data MarketStar Collects
MarketStar collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits MarketStar’s website. The company may use this information for the purposes indicated in the Online Privacy Notice.
The types of Consumer Personal Data MarketStar collects includes:
- Contact information, such as name, postal address, email address and telephone number; and
- Personal Data in content Consumers provide on MarketStar’s website and other data collected automatically through the website (such as IP addresses, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our website, and dates and times of website visits).
In addition, MarketStar obtains Personal Data, such as contact information and financial account information, of its Suppliers’ representatives. MarketStar uses this information to manage its relationships with its Suppliers, process payments, expenses and reimbursements, and carry out MarketStar’s obligations under its contracts with the Suppliers.
MarketStar also may obtain and use Consumer Personal Data in other ways for which MarketStar provides specific notice at the time of collection.
MarketStar’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
MarketStar provides information in this Policy and the Online Privacy Notice about its Consumer Personal Data practices, including the types of Personal Data MarketStar collects, the types of third parties to which MarketStar discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact MarketStar about its practices concerning Personal Data.
Relevant information also may be found in notices pertaining to specific data processing activities.
MarketStar generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, MarketStar obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact MarketStar as indicated below regarding the company’s use or disclosure of their Personal Data. Unless MarketStar offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
MarketStar shares Consumer Personal Data with its affiliates and subsidiaries. MarketStar may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. MarketStar also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and the Online Privacy Notice describe MarketStar’s sharing of Consumer Personal Data.
Except as permitted or required by applicable law, MarketStar provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. MarketStar requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify MarketStar and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, MarketStar (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with MarketStar’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify MarketStar if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. MarketStar remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless MarketStar proves that it is not responsible for the event giving rise to the damage.
MarketStar takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
MarketStar limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. MarketStar does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, MarketStar takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, MarketStar relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact MarketStar as indicated below to request that MarketStar update or correct relevant Personal Data.
Subject to applicable law, MarketStar retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, MarketStar provides Consumers with reasonable access to the Personal Data MarketStar maintains about them. MarketStar also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. MarketStar may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting MarketStar as indicated below.
Recourse, Enforcement and Liability
MarketStar has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. MarketStar conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions MarketStar makes about its Privacy Shield privacy practices are true and that MarketStar’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning MarketStar’s processing of their Personal Data. MarketStar will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact MarketStar as specified below about complaints regarding MarketStar’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through MarketStar's internal processes, MarketStar will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at www.jamsadr.com/international-mediation-rules. JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy, such as deletion of the relevant Personal Data, publicity for findings of noncompliance, payment of compensation for losses incurred as a result of noncompliance, or cessation of processing of the Personal Data of the Consumer who brought the complaint. The mediator or the Consumer also may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over MarketStar. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about MarketStar’s compliance with the Privacy Shield Principles.
How to Contact MarketStar
To contact MarketStar with questions or concerns about this Policy or MarketStar’s Consumer Personal Data practices:
2475 Washington Boulevard
Ogden, Utah 84401
Attn: Legal Department
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS MAY BE CHANGED AT ANY TIME WITHOUT NOTICE TO YOU.
FURTHERMORE, BY USING THIS WEB SITE, YOU REPRESENT (I) YOU HAVE THE CAPACITY TO BE BOUND BY THESE TERMS AND CONDITIONS AND (II) IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OR ACCESS THIS WEB SITE OR ANY PORTION THEREOF.
Restrictions On Use
This Web Site and its entire contents including, but not limited to, the text, information, material, software, layout, graphics, logos, marketing material and any white papers (collectively, the "Materials") are owned by MARKETSTAR ("MARKETSTAR"). The Materials are protected by copyright, trademark and other intellectual property laws and treaties. The Materials may not be copied, reproduced, displayed, distributed, published, licensed, modified, uploaded, downloaded, posted, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes, without the prior written consent of MARKETSTAR. You may download (1) one copy of the Materials on a single computer for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) delete or change any copyright, trademark, or other proprietary notices from the Materials, or (iv) transfer the Materials to another person. Modification or use of the materials for any other purposes violates MARKETSTAR's intellectual property rights. The material in this Web Site is provided for lawful purposes only. Possible evidence of use of this Web Site for illegal purposes will be provided to law enforcement authorities. Prior written consent must be obtained for any commercial use of data provided on this Web Site. Please forward any requests in writing to MARKETSTAR Corporation, 2475 Washington Blvd., Ogden, Utah 84401. MARKETSTAR reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from MARKETSTAR.
If you download software from the Web Site, the software and its content is licensed to you by MARKETSTAR for your personal use only. Neither title nor intellectual property rights are transferred to you, but remain with MARKETSTAR, who owns full and complete title. You are not authorized to distribute, sell, modify, decompile, reverse engineer, disassemble, or otherwise convert the software in any way, or use it for any commercial purposes. You may not make copies. MARKETSTAR does not accept responsibility for any technical difficulty users may have as a result of accessing this Web Site. MARKETSTAR does not accept responsibility for the function or malfunction of any software downloaded from this Web Site.
Restriction On Liability
MARKETSTAR will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. MARKETSTAR will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Web Site or a web site which is linked to this Web Site, even if there is negligence or MARKETSTAR or an authorized MARKETSTAR representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. MARKETSTAR maintains this Web Site to provide you with information about MARKETSTAR, its products and services, and to provide an avenue of communication between you and MARKETSTAR. This Web Site provides information. While MARKETSTAR believes such information to be reliable, we make no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information.
The material in this Web Site could include technical inaccuracies or typographical errors. By using this Web Site, you assume all responsibility and risk for the use of this Web Site and the Internet generally. THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MARKETSTAR DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETSTAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABLITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
All remarks, suggestions, ideas, graphics, or other information communicated to MARKETSTAR through this Web Site (together, the "Submission") will forever be the property of MARKETSTAR. MARKETSTAR will not compensate you for any use associated with your submission. MARKETSTAR will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future MARKETSTAR operations. Without limitation, MARKETSTAR will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, MARKETSTAR will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this Web Site is provided voluntarily by a visitor to this Web Site. This information is for internal purposes only and is not sold or otherwise transferred to third parties or to entities who are not involved in the operation of this Web Site. You acknowledge that you are responsible for whatever material you submit, and you, not MARKETSTAR, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
This Web Site may be linked to other web sites which are not maintained by MARKETSTAR. MARKETSTAR has not reviewed all of the web sites linked to this Web Site. MARKETSTAR is not responsible for the content of those web sites. MARKETSTAR makes no representations whatsoever about any other web sites which you may access through this one. Your linking to any other web site is at your own risk. MARKETSTAR disclaims any endorsement, sponsorship or affiliation between MARKETSTAR and other web sites unless that web site operator has our consent to place the link.
MARKETSTAR or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Web Site, and (b) all related documentation and all copies, printouts, and installations. MARKETSTAR may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
These Terms and Conditions will be governed and will be interpreted pursuant to the laws of the State of Utah, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. MARKETSTAR may change, update, discontinue, or restrict or prevent access to this Web Site or the Materials at any time without notice. MARKETSTAR may discontinue or make changes in the products or services described on the Web Site at any time. MARKETSTAR reserves the right to terminate any and all Web Site offerings without prior notice. All users may not be eligible for all the products or services offered by MARKETSTAR, and the right to determine the eligibility of users for products and services remains with MARKETSTAR. In offering information, products or services via this Web Site, MARKETSTAR is making no solicitation to any person to use such information, products or services in jurisdictions where their provision is prohibited by law.
The MARKETSTAR marks are federally protected marks of MARKETSTAR. All other trademarks displayed on this Web Site or through links to other web sites are the property of the respective trademark owners. All rights not expressly granted herein are reserved.
Copyright © 2017 MARKETSTAR Corporation, 2475 Washington Boulevard, Ogden, Utah 84401. All rights reserved.
Should you have any questions regarding our Web Site, please e-mail us at firstname.lastname@example.org.