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Privacy Statement

Effective: May 25, 2018

Mediafly, Inc. (“Mediafly”, “us”, or “we”) respects your privacy and is committed to protecting the personal information we collect about you through our website (the “Site” located at https://www.mediafly.com and related URLs owned by Mediafly) or through any of our services, including the Mediafly platform (together with “Site”, our “Services”).

Please read the following policy to understand how we collect, use, and safeguard the information we hold about you. By using any of our Services, whether by visiting our Site or otherwise, and/or by voluntarily providing personal information to us, you acknowledge that you have read and understand the practices contained in this Privacy Statement.

Applicability of This Privacy Statement.

This Privacy Statement is subject to our Terms of Use and applicable customer agreements, and applies regardless of the means used to access or provide information through our Services.

This Privacy Statement does not apply to information from or about you collected by third-party websites or services linked to our Services. The collection of your information by such third parties is subject to their privacy policies, statements, or practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

Modifications to This Privacy Statement.

This Privacy Statement may be revised or changed from time to time, so please revisit this page often to remain fully informed of our privacy-related practices. We will use reasonable efforts to notify you in the event we make material changes to our Privacy Statement, such as by posting a notice on the homepage of our Site or sending you an email. Material changes will take effect 7 days following such notification. Minor or non-material changes or clarifications will take effect immediately upon posting.

Your continued use of our Services following the posting of any revised Privacy Statement will constitute your acknowledgement of the amended Privacy Statement.

Information We Collect About You.

We collect and store information from and about you in the following ways:

When you provide it to us directly.

We collect personal information from you when you provide it to us, including through forms on our Site; when you request information from us; or contacting us with questions or comments.

For example, the Site permits you to reach out to us via our Contact form and our Request Demo form. We may also include additional forms on our Site from time to time that allow you to download and/or request materials from us. Whenever you contact us via such forms, you are providing us with your first and last name, email address, company name, job title, and any information you choose to provide in the text of your message, such as your phone number, mailing address, or other information necessary or helpful for us to address your query or concern.

From time to time, we may allow you to sign up via the Site to receive electronic newsletters from Mediafly. To sign up, we may ask you for your first and last name, email address, and company.

Automatically through logging and analytics tools, cookies, and as a result of your use of and access to our Services.

While you are browsing our Site, we automatically log the attributes about your device, regional and language settings, network provider, your IP address (a number assigned to your computer when you use the Internet), browser version used, and your activity while using the Site (by the use of log files). Additionally, to personalize and enhance your experience on the Site, we may also collect information through “cookies.” You can learn more about our use of cookies by referring to the section, How We Use Cookies. This information helps us analyze and understand how our Services work for you.

From third-party sources.

Mediafly may also have information about you from third-party sources to whom you have consented to provide basic contact information for the purpose of receiving marketing or product information. We also receive information about you from industry events by name badge scanning at Mediafly booths.

Mediafly takes steps to ensure that the third-party sources have secured your consent to collect such information; however, if you prefer not to receive communications or information from Mediafly, you can follow the opt-out procedures outlined in the section, How to Exercise Your Choices.

You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as noted below in the section, How to Exercise Your Choices.

Finally, we also collect information from you that, depending on applicable law, may not constitute personal information.

What We Do With Your Information.

We process personal information for, or based on, one or more of the following legal bases: (i) based on your consent; (ii) for our legitimate business purposes as described below; (iii) as necessary to perform a contract with you, complete a transaction, or provide you with information or services you have requested or authorized; and/or (iv) to fulfill our legal responsibilities, in each case as provided in this Privacy Statement.

In addition, we process your personal information for two general purposes:

  • For conducting our business operations, including communicating with you, providing information about our products and services, improving the Services, and complying with applicable legal requirements; and
  • To market and promote our Services.

Specific examples of how we use the personal information that we hold on you includes:

  • To personalize your experience. Use of your information helps us to better respond to your individual needs.
  • To operate and improve our Services. We continually strive to improve our Services based on the information and feedback we receive from you.
  • To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
  • To send periodic emails regarding Mediafly and/or our products or services.
  • To respond to an inquiry from you or address a request submitted by you, including contacting you directly to request additional information to process your inquiry or request.
  • To correspond with you regarding our Services.
  • To monitor Site visitor traffic patterns and Site usage.
  • To enforce our Terms of Use.

In addition, we may disclose information we maintain, including personal information: when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.

How We Protect Your Information.

We implement a variety of reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect your personal information from unauthorized destruction, use, modification, or disclosure. However, no method of safeguarding information is completely secure. While we use measures designed to protect your personal information, we cannot guarantee that our safeguards will be effective or sufficient. Moreover, you should be aware that that Internet data transmission is not always secure, and we cannot guarantee that information you transmit utilizing the Site is secure.

How Long We Retain Your Information.

We retain your personal information to the extent necessary to carry out the processing activities described in this Privacy Statement, including but not limited to compliance with applicable laws, regulations, rules, and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our rights, property, or safety, and the rights, property, and safety of our users.

How to Exercise Your Rights.

You have a variety of legal rights regarding the collection and processing of personal information. You may exercise these rights, to the extent they apply to you, by contacting us as provided at the end of this Privacy Policy, or by following instructions provided in communications sent to you. Please be prepared to provide reasonable information to identify yourself and authenticate your requests.

These rights vary depending on applicable law and circumstances, but may include:

  • The right to know whether, and for what purposes, we collect and process personal information about you.

Please refer to the sections, What We Do With Your Information, for more information on how and to what extent we process your personal information.

  • The right to access, modify, and correct personal information about you.

We strive to maintain the accuracy of any personal information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our systems when you tell us your information is not accurate. However, we must rely on you to ensure that your information is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

In accordance with applicable law, you may obtain from us certain personal information in our records, although we may request certain reasonable additional information to help us authenticate such requests. If you wish to access, review, or make any changes to personal information you have provided to us through our Site or our Services, you may do so at any time by contacting us as provided below in the section, Contact Us. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.

  • The right to know with whom we have shared personal information about you, for what purposes, and what personal information has been shared.

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we have disclosed to third parties for their own direct marketing purposes in the preceding calendar year, along with the names and addresses of those third parties. The law requires Mediafly to respond to such requests free of charge once per year per person. You may make such a request by contacting us as provided below in the section, Contact Us.

Though California residents have a right to make such a request, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

  • The right to request erasure of your personal information.

Under applicable law, individuals have the right to have personal data erased. This is also known as the “right to be forgotten.” The right is not absolute and only applies in certain circumstances. You may make such a request by contacting us as provided below in the section, Contact Us.

  • The right to request restriction of processing of personal information or object to processing of personal information.

Under applicable law, individuals have the right to restrict the way in which we process their personal information. The right is not absolute and only applies in certain circumstances. You may make such a request by contacting us as provided below in the section, Contact Us.

How to Exercise Your Choices.

In addition to your choices with respect to the collection of personal information (see Information We Collect About You and What We Do With Your Information), you have the ability to make certain choices about how we communicate with you.

You may opt out of receiving marketing or other communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received or by contacting us as provided in the section Contact Us. If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email.

Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).

How You Can Access, Update, or Modify Your Personal Information.

Mediafly may retain your personal information for a period of time consistent with the original purpose of collection. That is, we will retain your information during the period of time needed to pursue legitimate business interests, comply with any legal obligations, and enforce our agreements. We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may request to review, correct, delete, or otherwise modify any of the personal information that you have previously provided to us the Site and Services at any time by contacting us at dataprotection@mediafly.com.

How We Use Cookies.

Mediafly uses Cookies to enhance your experience on our Site. Cookies are small strings of text that are sent by the Site to your browser and then stored by your browser on your computer’s hard drive. We use cookies to help diagnose problems with our servers and to administer the Site. We also use cookies to gather broad demographic information and to help identify you in respect to visits to the Site so that we may improve your user experience, and to determine whether you visited the Site from a particular Internet link or advertisement. While a code in the cookie file enables the Site to label you as a particular user, including identifying you by name or other personally identifiable information, such cookie files are encrypted in order to protect your information. Most web browsers automatically accept cookies, but it is possible to change your browser setup so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions of the Site.

Disclosure of Your Personal Information to Third Parties.

We do not sell, trade, rent, or otherwise transfer to third parties your personally identifiable information. We share your information only with our affiliates and service providers or other companies we may partner with from time to time, or as otherwise described herein, to provide you with our products and/or services. Also, we may share in aggregate, statistical form, non-personal information regarding the visitors to the Site, traffic patterns, and Site usage with our partners or advertisers. In addition, we will disclose information we maintain, including personally identifiable information: (i) when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority or any regulatory authority; (ii) to protect the integrity or security of the Site or the interests, rights, or property of Mediafly; and/or (iii) to enforce the Site’s Terms of Use.

Additional Notices About Your Personal Information.

We do not knowingly collect personal information from minors.

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, as well as other applicable law, we do not knowingly collect information from minors. Moreover, we do not permit use by individuals under the age of 18 of any of the password protected areas of our Site or use of any Services that may be provided via the Site from time to time. By using the Site, you represent that you are at least 18 years of age.

We are not responsible for third party privacy policies or information-related practices.

Mediafly may reference or provide links to third party websites or services, including those of our service providers, customers, or third parties with which we do business. We are not responsible for and do not control the content, security, or privacy and information-related practices of such third parties. This Privacy Statement does not apply to any such third-party websites or services; please refer to the privacy policies or statements for such third parties for information about how they collect, use, process, and store personal information.

We may disclose or transfer your personal information in connection with a sale or transfer of our business.

Mediafly may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personally identifiable information and/or technical information we obtain from you may be disclosed to any potential or actual purchasers of such assets and/or may be among those assets transferred.

We do not engage in tracking your online activities over time and across third party websites.

We do not engage in the collection of personally information about your online activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other similar mechanisms. Moreover, we have not knowingly authorized any third parties to collect personal information about your online activities over time and across different websites when you use the Site. Nonetheless, such third party companies (e.g., companies providing features or functionality on our Site) may collect and use non-personal information during your visits to the Site and other websites in order to provide advertisements on other Sites about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect such information.

We store collect and store personal information in the United States.
If you are a resident of a country other than the United States of America, by using this Site and providing us your personal information, you explicitly acknowledge and agree to: (i) the transfer of your personal information to the United States and (ii) the collection and use of your personal information in accordance with this Privacy Statement.

Your Consent

By using the Site and voluntarily providing your personally identifiable information to us, you consent to the collection and use of such personal information as set forth in this Privacy Statement. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Site.

How to Contact Us

If you have any questions regarding this Privacy Statement or our privacy-related practices, you may contact us using the information below:

www.mediafly.com
150 N. Michigan Ave Ste 2000, Chicago, IL 60601 United States
Email: dataprotection@mediafly.com
Telephone: (312) 281-5175