Privacy Policy

MARKETSTAR PRIVACY POLICY

Last Update: September 20, 2022

Effective September 20, 2022, MarketStar has updated its Privacy Policy.

MarketStar is committed to safeguarding personal data and operating its business with high standards of practice in data privacy and security compliance. Our Privacy Policy details what data is collected from website users, our client representatives, other business representatives, and the data collection we perform on behalf of our clients, how we use it, and how it is stored.

WHO WE ARE

MarketStar provides advanced sales and marketing services for its clients to drive market revenue, grow accounts, and expand their customer base. MarketStar services are categorized as sales as a service, and involve provision of talented sales teams and management, marketing programs, data analysis, sourcing and intelligence services, advisory services and operations support.

MarketStar headquarters is based in Ogden, in the United States with a key office located in Ireland, in the European Union, and other offices in global regions offered through partnered subcontractors. MarketStar has an extensive history of providing exceptional service for key clients who are major players in their respective industries. We respect your privacy and take safeguarding personal data seriously. Please read the following to understand the privacy practices of MarketStar. For information on the privacy practices of third parties such as social media platforms, we encourage you to read their privacy policy before clicking on any link from MarketStar’s website.

This Privacy Policy applies to all Personal Data processed by MarketStar (except for job applicants and employees, which have separate Privacy Notices) in the operation of MarketStar’s business and in connection with MarketStar’s website at https://www.marketstar.com. This Privacy Policy applies to the following MarketStar entities: MarketStar QOZ Business, LLC, a Utah limited liability company; AEBE Limited, an Irish company limited by shares with company number 467373, trading as MarketStar, All Channel Sales Solutions, S. de R.L. de C.V., a Mexican company, MarketStar Canada Corp., a Canadian company trading as MarketStar, and a Spanish company, Leemore Investments, S.L., (together “MarketStar”, “we”, “us”, and “our”).

WHAT IS PERSONAL DATA

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Under specific laws, Personal Data may include any information relating to a household.

PERSONAL DATA WE PROCESS

We operate as both a data controller, where we determine the means of data processing for our own business needs, and a data processor, where we process data on behalf of our business clients. Key information about these processing roles is detailed below.

The categories of data subjects for whom we process Personal Data are:

As Data Controller: (1) Client Representatives; (2) Prospective Client Representatives; (3) Business Representatives; (4) Other Users; and (5) Web Users.

As Data Processor: (1) Client Customers; (2) Potential Client Customers; (3) Business Representatives; and (4) Other Users.

The purposes for processing Personal Data are:

As Data Controller: (1) Administer contracts; (2) Operate our business; (3) Meet our legal obligations; (4) Register with our proprietary software platforms; and (5) Seek new market opportunities.

As Data Processor: (1) Fulfil our contractual obligations; (2) Qualify client leads; (3) Enhance client data; (4) Provide sales and marketing services; (5) Perform data analytics and reporting; and (6) Provide advisory services.

The possible consequences of failing to provide Personal Data is our inability to respond to inquiries or interact for business purposes.

The categories of Personal Data we process are:

As Data Controller: (1) Business contact information; (2) Business administration information; (3) Finance information; and (4) Other data related to the client relationship.

As Data Processor: (1) Business contact information; (2) Business profile information; and (3) Other data related to client programs.

The examples of Personal Data processed include: name, phone number, email address, business name, job title, job role, contracts, statements of work, work product, policies, surveys, reports, sales and marketing information, and other administrational documents and compliance records associated with an individual or their specific job role.

The sources of Personal Data collected include: business interaction with the data subject, online forms, chat-line requests, purchased lists, social media, marketing surveys, phone calls, and open source means.

The legal basis for processing Personal Data is: (1) necessity to perform contract; (2) legitimate interest as a provider of advanced sales and marketing services; or (3) regulatory requirements.

Personal Data we do NOT actively collect or process: We do not actively collect or otherwise process the Personal Data of minors, data related to criminal convictions and offenses, or special categories of data (i.e. revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Please note that employees are provided a separate privacy notice.

Data processed from third-party service providers: We may purchase and license customer lists, contact lists and other business intelligence so that we may provide our sourcing and intelligence services to our clients. These processing activities are key to our business value. We may source this information on behalf of our clients in order to perform our contractual obligations under our service agreements. This service is an integrated part of our overall advanced sales and marketing services. Data sourced from third-party service providers is shared with our clients or used by us on behalf of our clients in marketing campaigns and other sales initiatives. This may be considered as selling Personal Data as we receive monetary or other valuable consideration for our services that include this processing. We do not separately sell Personal Data. Please note that we do not process, sell or share the data of minors.

Technical data: We process technical information and navigational information when you visit our website, which is found at https://www.marketstar.com/. Technical information includes IP address, geographical location, device ID and related information and browser type. Navigational information includes pages viewed, selection made and length of visit. Our primary goal in processing this information from you is to provide you access to features on the site and help us improve our product and services and develop and market new products and services.

We may also process payment information when you pay for certain MarketStar services.

Cookies and Similar Tracking Technologies: We (and the third-party service providers working on our behalf) use various technologies to collect Personal Data. This may include saving cookies to your device. For information on what cookies are, which ones we use, why we use them, and how you can manage their use, please see our Cookie Policy.

PURPOSES FOR PROCESSING PERSONAL DATA

We process Personal Data to fulfill our contractual obligations in our service contracts with clients and enhance client business opportunities. In addition, we process Personal Data for sales leads, information services, payment, employee training, marketing, web analysis, security monitoring, and recruitment and employment. Our purpose in processing this Personal Data is to develop new client relationships, increase our client service and for administrative and other business purposes.

MarketStar’s services are categorized as follows:

1. Advanced & predictive analytics: The tracking and analysis of important customer trends, loyalty, and outreach patterns based on comprehensive data analysis and modeling

2. Customer acquisition: Driving revenue for SMB and Enterprise by selling directly to end-users or businesses and closing deals

3. Data services: The targeting, cleansing, and augmentation of prospect and active lead data vital in all lead generation programs - partner or direct

4. Direct account management: Providing enablement, availability, and quality control for existing customers, leading to superior onoarding and ongoing account management

5. Direct demand channel fulfilled: Building measurable demand by engaging in lead generation, lead qualification, and appointment setting with end-user accounts on behalf of the partner

6. DMR enablement: Utilizing on-site, telephone, or digital sales and technical support for floor sales reps at DMRs, NSPs, and sales call centers

7. Events & training: The creation, scheduling, and execution of large and small-scale training events, including training content design, content distribution and face-to-face training

8. Lead qualification: The nurturing and qualification of active leads by utilizing automated email outreach, social outreach or telephone outreach

9. Partner recruitment: Identify new partners, speed up their ramp-to-revenue trajectory, and set expectationts that help build partner relationships that are robust and productive

10. Partner sales management: The proactive outreach, business planning, and sales enablement of all channel partners, including VARs, OEMs, CSPs, MSPs, and ISVs

11. Pass-through: Non-margin related services e.g. travel costs

12. Virtual engineering team: High-end technical support personnel that assist field resources, partners, and inside sales teams with pre and post-sales enablement and configuration support

13. Customer Success: Engaging partner and sub processor relationships to enhance services and maximize results

14. Direct management of third-party sub processors and subcontractors: Engagement of technology platforms, licenses, subscriptions, and outsourced services to fulfil contract obligations

MarketStar may use your Personal Data to comply with applicable laws, exercise legal rights, and meet tax and other regulatory requirements. We may also use your Personal Data for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

SHARING OF PERSONAL DATA

We do not sell your Personal Data!

We share your Personal Data with clients, third-party service providers, subcontractors, regulatory bodies, public authorities and law enforcement in the following circumstances:

Clients. We may provide Personal Data we obtain from our third-party service providers to our clients in order to fulfill our contractual obligations as a sales and marketing service provider. For example, we may provide our clients with contact information of an organizational representative so that the representative can be presented with an opportunity to purchase a software license that would be of value to the organization. We may also provide our clients with customers lists we have purchased or licensed from our third-party service providers.

Third-Party Providers. We share Personal Data with third-party providers for their processing in performing functions on our behalf. The categories of third-party providers with whom we share Personal Data are: Sales-lead Processors, Payment Processors, Providers of Marketing Services, Web Analytics Service Providers, and Security Monitoring Service Providers. In such instances, the providers will be contractually required to protect Personal Data from additional processing (including for marketing purposes) and transfer in accordance with this Privacy Policy and applicable laws.

Affiliates. MarketStar operates as part of a group of entities and may share your Personal Data with any one of MarketStar’s affiliates, including MarketStar QOZ Business, LLC, a Utah limited liability company; AEBE Limited, an Irish company limited by shares with company number 467373, trading as MarketStar, located in Dublin, Ireland; All Channel Sales Solutions, S. de R.L. de C.V., a Mexican company; MarketStar Canada Corp., a Canadian company trading as MarketStar; and a Spanish company, Leemore Investments, S.L.

Partners. MarketStar engages partnered subcontractors to perform sales and marketing services for certain specialty work. These subcontractors are located outside of the US, including in Australia, Philippines, Malaysia, and Uruguay.

Regulatory Bodies, Public Authorities and Law Enforcement. We may access and disclose your Personal Data to regulatory bodies if we have a good-faith belief that doing so is required under regulation. This may include submitting Personal Data required by tax authorities. We may disclose your Personal Data in response to lawful requests by public authorities or law enforcement, including to meet national security or law enforcement requirements.

Other Disclosures. We may also disclose your Personal Data to exercise or defend legal rights; to take precautions against liability; to protect the rights, property, or safety of the resource, of any individual, or of the general public; to maintain and protect the security and integrity of our services or infrastructure; to protect ourselves and our services from fraudulent, abusive, or unlawful uses; or to investigate and defend ourselves against third-party claims or allegations. Disclosures may be made to courts of law, attorneys and law enforcement or other relevant third parties in order to meet these purposes.

In cases of onward transfer of Personal Data to third parties of data of EU individuals received, MarketStar remains liable.

STORAGE OF PERSONAL DATA

Personal Data stored on behalf of our clients and for our own purposes is processed and stored at various locations including on servers located in the United States of America and the EU. In the event that Personal Data is transferred outside of the United States of America, we will ensure that adequate protections are implemented to comply with the GDPR, such as Standard Contractual Clauses. We also implement a Data Sharing Agreement that incorporates the Standard Contractual Clauses for Personal Data transferred and stored between our affiliates.

DATA SECURITY

MarketStar uses technical and organizational measures to protect the Personal Data that we store, transmit, or otherwise process, against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. We currently maintain certifications for the SOC 2 Type II security standard and internationally recognized ISO 27001 security standard. We regularly consider appropriate new security technology and methods as we maintain and develop our software and systems.

RETENTION OF PERSONAL DATA

MarketStar retains the Personal Data of its clients and client’s customers for a period of time as instructed by the clients for whom MarketStar processes data. At the end of a client engagement, MarketStar performs a standard deletion within the time frame specified in the client contract or within sixty days per MarketStar policy, whichever is earliest, unless client requests retention of Personal Data for future engagement. Where MarketStar collects Personal Data for its own purposes, it retains the Personal Data for a reasonable period of time to fulfill the processing purposes mentioned above. Personal Data is then archived for time periods required or necessitated by law or legal considerations. When archival is no longer required, Personal Data is deleted from our records. If you wish to request a deletion of your Personal Data, please contact directly the client who provided the source of data. If you want more information about how to contact a client, make an inquiry to the address provided at the end of this notice.

We retain Personal Data that we are required to retain in order to meet our regulatory obligations including tax records and transaction history. We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Data is only stored and archived in alignment with our retention policy.

PERSONAL DATA RIGHTS

MarketStar invites anyone with questions about individual privacy rights, our Privacy Policy or privacy practices to contact us.

For marketing emails, an unsubscribe option is provided at the end of each email communication. For text messages, a STOP messaging option is provided. You may also request that we limit the use and disclosure of your personal data using the contact methods provided above.

Depending on where you reside, there may be certain rights that you can exercise regarding your Personal Data. We have listed key privacy rights below:

Residents of the European Economic Area (“EEA”)

The following rights are available to residents of the EEA:

Access: The right to obtain confirmation as to whether or not your Personal Data is being processed, and to obtain access to specific information about the processing.

Rectification: The right to obtain rectification of inaccurate Personal Data and the right to have incomplete Personal Data completed.

Erasure: The right to obtain erasure of Personal Data, subject to certain GDPR requirements.

Restriction of Processing: The right to obtain restriction of processing of Personal Data where (a) accuracy is contested and being verified, (b) processing is unlawful, (c) data is not needed but for processing but is required for legal claims, or (d) following an objection to processing where legitimate grounds for processing are being verified.

Data Portability: The right to receive Personal Data and transmit to another controller

Object: The right to object to direct marketing; the right to object on grounds of particular situation

Automated individual decision-making, including profiling: The right not to be subject to a decision based solely on automated decision-making, including profiling; a right to appeal.

Individuals also have the right to lodge a complaint about the processing of their Personal Data with their local data protection authority or with the Irish Data Protection Commission at:

Online Form: https://forms.dataprotection.ie/contact

Email: dpo@dataprotection.ie

Postal (EU):
Data Protection Commission

21 Fitzwilliam Square South
Dublin 2, D02 RD28, Ireland

RESIDENTS OF CALIFORNIA

The following rights are available to California residents:

1. Right to know what personal information is being collected

2. Right of access

3. Right to know what personal information is sold or shared and to whom

4. Right to opt out of sale or sharing of personal information

5. Right to delete personal information

6. Right to correct inaccurate personal information

7. Right to limit use and disclosure of sensitive personal information

8. Right of no retaliation following opt out or exercise of other rights

AMENDMENTS

We may modify this Privacy Policy from time to time, with the current version indicated by the effective date at the top of the this document. The current version of the Privacy Policy will govern our use of your Personal Data and will always be published at https://www.marketstar.com/legal/privacy. Please note we publish a separate Cookie Policy and Recruitment Privacy Notice online and provide our staff with an Employee Privacy Notice.

RECRUITMENT PRIVACY POLICY

Effective date and last update: February 27, 2022.

Who We Are

MarketStar is the operator of outsourced sales and marketing services and other specialty advisory services. MarketStar deploys sales and marketing teams to work on client programs to drive market revenue, grow accounts, and expand their customer base. MarketStar services include sales, account management, lead generation, lead qualification, customer acquisition, partner recruitment, direct market reseller enablement, data services, advanced & predictive analytics, event management, and training.

MarketStar has an extensive history of providing exceptional service for key clients who are global leading brands. Account services and Client support services are performed by Company staff in office locations, including in the United States and Ireland, where staff access data in authorized technology platforms to perform tasks relevant to their job roles.

This Privacy Notice applies to all personal data of job applicants processed by MarketStar or in connection with the Careers section on MarketStar’s website at https://www.marketstar.com/careers. Recruitment is conducted by the following MarketStar entities: MarketStar QOZ Business, LLC, a Utah limited liability company; AEBE Limited, an Irish company limited by shares with company number 467373, trading as MarketStar, and a Spanish company, Leemore Investments, S.L., (together “MarketStar”, “we”, “us”, and “our”).

About the Careers Section of the MarketStar Website

You can apply for an open position within MarketStar through our online recruitment system on the Careers section of our website. You may apply for specific vacancies posted by submitting your application online. We also invite you to sign up an account so we can reach out with job alerts.

Our goal at MarketStar is to find the brightest and best to join our teams. Our teams are made up of employees who value an opportunity to earn, learn grow and be challenged, as they work together to provide exceptional service to our clients. To achieve these goals, MarketStar collects and processes personal data about its applicants.

What is Personal Data

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Under specific laws, Personal Data may include any information relating to a household.

Personal Data We Collect

We collect personal data for recruitment purposes through our online application process either directly or by communicating through email, telephone, social media platforms, or other digital media. The categories of personal data collected are:

- Contact Information
- Work Status
- Resume
- Education
- Work Experience
- Professional Certifications and Licenses
- Skills
- Attributes
- Job-related Qualifications
- Preferences
- Social Media Account
- Other information pertinent to a job application

We invite you to upload your resume and other relevant documents and ask you to provide us information about your work experience and education, as well as other information that you want us to view as part of your application. We ask that you provide contact information (including your email, phone number, and the city, state and country you are located). We invite you to provide us a mobile phone number so that we may send you text alerts related available job positions.

Please note that we rely upon our legitimate business interests or your consent for processing your personal data and may also rely upon the necessity of contract in the event you are hired. Depending on the country where the job position is located, we may also rely upon complying with regulatory requirements as the legal basis for processing your personal data. If we obtain your consent, this will be the legal basis upon which we process your personal data; please note you may withdraw your consent at any time by contacting us; the withdrawal of your consent does not affect the lawfulness of processing based on consent before withdrawal. Our contact details are provided at the end of this Privacy Notice.

If you choose not to provide us with certain personal data as requested, we may not be able to consider you for the job position, either because we are unable to assess your suitability or qualifications for the job role or because we are unable to meet our statutory obligations as a result of the lack of information provided. If you have any questions in this regard, please contact us.

Cookies And Similar Tracking Technologies

We (and the third-party service providers working on our behalf) use various technologies to collect personal data. This may include saving cookies to your device. For information on what cookies are, which ones we use, why we use them, and how you can manage their use, please see our Cookie Policy.

Purposes for Processing Personal Data

We process personal data for recruitment purposes, including information that helps us manage applications and determine how you meet our organizational and job role selection criteria. We also communicate with you about your application including requests for additional information, interviews and notifications regarding the process. For some job roles, you may be required to provide personal data for purposes of completing a background check. We also process personal data as we, in our sole discretion, otherwise determine to be necessary to comply with applicable law.

We process your personal data as described above according to one or more of the following lawful bases, depending on each specific context and the types of personal information concerned:

- Processing in our legitimate interests (not superseded by your rights) of operating a business, including recruiting talent to fill vacant positions.

- Consent for collection such as background checks, visitor photos at office check-in

- Necessity of contract in the event you enter employment

- Processing as necessary to comply with legal obligations. For example, in the event you are hired, we process as necessary to establish and fulfill a contract of employment with you.

Most of the information collected is provided by you as part of your application. We may verify information provided such as your educational qualifications or references. We also collect information through your social media accounts, if provided as part of your application.

How Your Personal Data is Shared

We share your personal data with the following types of recipients:

Affiliates. MarketStar operates as part of a group of entities and may share your personal data with any one of MarketStar’s affiliates, listed as entities under the “Who We Are” section above. MarketStar is certified with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”) as set forth by the U.S. Department of Commerce. MarketStar is required under Privacy Shield to comply with the EU General Data Protection Regulation (“GDPR”) and various Swiss data protection laws in the processing of your personal data, including its transfer to the United States.

Third-party service providers. We may use a third-party service provider to host our online recruitment process. We will take steps to ensure that your data privacy rights are protected. In addition, we use third-party service providers for services like cloud hosting, analytics or other technical tools. These service providers only process your data as directed by us. We do not sell your personal information to third parties.

Clients. MarketStar may share your personal data with clients or potential clients in its discretion including for any of the following reasons: to assess suitability for placement on client programs, provide data needed to access client sites, systems, and technology platforms, partner with clients on performance criteria, meet contractual obligations, and demonstrate legal compliance.

Other. Law enforcement or regulatory authorities, government agencies, courts of law or other third parties.

Storage of Your Personal Data

Your personal data may be transferred to, and maintained on, computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We specifically transfer personal data to countries in the European Union and to affiliates and service providers located in the United States. Where we transfer your personal data, we will take all reasonable steps to ensure that your privacy rights continue to be protected. In the event that personal data is transferred outside of the European Union to a third country or international organization, we will ensure that adequate protections are implemented to comply with the GDPR, such as Standard Contractual Clauses or Binding Corporate Rules.

Data Security

We use technical and organizational measures to protect the personal data that we store, transmit, or otherwise process against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. We regularly consider appropriate new security technology and methods as we maintain and develop our software and systems. The practical reality is, however, no data transmissions over the Internet can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. MarketStar relies upon SOC 2 Type II and ISO 27001 for its security controls and organizational measures.

Data Retention

We retain your personal data for a reasonable time period to fulfill the processing purposes outlined above. For example, your personal data is retained directly by MarketStar for up to one year after the application and selection process is finalized for each position posted. In the event you are not selected, MarketStar deletes or destroys your personal data, unless we determine it necessary to retain for longer periods to fulfill our legitimate interests such as resolving disputes. In the event MarketStar uses a third-party service provider to host its online recruitment process, the information submitted may be retained by the third-party service provider. The Privacy Policy of the third-party service provider may apply to your personal data. You may read their Privacy Policy by clicking on links available on the job posting web pages and electronic forms. If you are successful in your job application and enter an employment agreement, your personal data is retained further and becomes part of your employment file and MarketStar employee profile.

Your Rights

Depending on your residency, you may have certain rights that you may exercise in relation to your personal data, subject to applicable lawful exemptions. For text alerts sent to you, we offer you the option to stop the alerts at any time. You may also contact us with your personal data inquiries or for assistance in modifying or updating your personal data and to exercise your rights. Our contact details are provided at the end of this Privacy Notice.

Where the EU General Data Protection Regulation (“GDPR”) applies, your rights consist of:

1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object; and
8. The rights in relation to automated decision making and profiling.

You may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning personal data about you. The local data protection authority in Ireland is the Data Protection Commission, with its website at https://www.dataprotection.ie/. We encourage you to first reach out to us, so we have an opportunity to address your concerns directly before you do so. Our contact details are provided at the end of this Privacy Notice.

Effective Date and Amendments

This document is effective as of the date indicated at the top of this Recruitment Privacy Notice under “Last updated”. This document may be amended from time to time.

Contact Information

Inquiries may be made through any of the following means: