MyMarketingPass Legal Policies
Usage of MyMarketingPass products and services constitutes customer’s acceptance of MMP’s billing policy, and all customers must comply with this billing policy.
Special note regarding signed contracts: If you entered into a signed contract for your services, such as an annual contract, please review your contract for specific terms relating to your obligations in addition to this billing policy. In the event the terms of your signed contract conflicts with these terms, the signed contract will prevail.
- Unless otherwise agreed in writing, all accounts are set up on a prepaid basis, and payment must be received by MyMarketingPass before any billable product or service is provided/activated. Customers are required to keep a valid credit/debit card on file to charge for recurring monthly subscription fees, additional service fees and accrued tool overage fees.
- Subscription billing is based on availability of products and services, not based on usage. However, certain fees may be usage-based such as SMS, advertising fees, and software overages.
- Customers are responsible for keeping all credit/debit card details and contact information current.
- All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
- Payment receipts are available to customers upon request.
- Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date.
- Late Fee: All past due accounts may be assessed a late fee.
- Delinquent Payments: In the event any payment is 15 days past due the account may be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
- Deactivation: Once an account is delinquent 60 days, it may be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Service data may be stored for up to 60 days post-cancellation; after 60 days, service data will no longer be available. In this event, the account record and delinquent balance will be submitted to a third-party collection service.
- Late Fee: MyMarketingPass may assess a $30.00 late fee for any payment that is 15 days past due.
- Chargebacks: If a customer initiates a chargeback, MyMarketingPass may assess a $50.00 processing fee for each individual chargeback.
- Returned Checks: MyMarketingPass may assess a $50.00 processing fee on each returned check.
- Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.
- Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
Services purchased from MyMarketingPass must be used within the timeframe specified at the time of purchase. Specifically, Coaching Services must be used within 60 days after purchase and within 30 days after commencement of use of the Services, unless otherwise stated at purchase. Coaching Services and all other Service fees are nonrefundable. In the event of cancellation, MyMarketingPass will not prorate any portion of unused Service fees, and amounts due to MyMarketingPass must be paid in full.
Third Party Products and Advertising Usage
In the event MyMarketingPass collects fees for any third party products and/or services, including but not limited to advertising usage, the fees are nonrefundable.
MyMarketingPass accepts payments via credit/debit card. MyMarketingPass currently accepts American Express, MasterCard, Discover and VISA credit/debit cards.
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the MyMarketingPass subscription. Customers must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. In the event of cancellation, customers will still have access to their services through the end of their final billing period. MyMarketingPass will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.
Creating a Cancellation Request: A request to cancel MyMarketingPass services must be initiated at least 10 days prior to the next invoice date. Any request to cancel MyMarketingPass service must be received verbally by a MyMarketingPass representative or through a service portal ticket at least 10 days prior to the next invoice date. Emailed requests to cancel are not acceptable. Customers are encouraged to keep records of all communications regarding cancellation.
Simply cancelling the credit/debit card associated with a MyMarketingPass account does not cancel the account. MyMarketingPass will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third party collection service. It is imperative that you speak with a MyMarketingPass representative or submit an online ticket if you wish to initiate cancellation of your MyMarketingPass account.
Finalizing the Cancellation: After a request to cancel has been initiated, you must speak with a member of the cancellation team to finalize the cancellation. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by the cancellation team, subject to the terms of the “Subscription Billing” paragraph above.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for Coaching Service fees, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
Each MyMarketingPass customer agrees to provide MyMarketingPass 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should MyMarketingPass receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before MyMarketingPass has been given a chance to resolve the issue, MyMarketingPass has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by MyMarketingPass, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, MyMarketingPass retains the right to collect on any Services or fees that are due. MyMarketingPass may submit any disputed amounts to a collection agency. Once a chargeback has been received, MyMarketingPass has the right to suspend the account until the matter is resolved.
Subscription and Service fees, including but not limited to those related to the Coaching Services, are nonrefundable and will not be prorated at any time.
- Identifiers (for example, name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers)
- Personal information (for example, name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information)
- Commercial information (for example, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
- Internet activity (for example, browsing history, search history, information on interactions with a website, our services, or advertisements)
- Geolocation data (for example, physical location or movements)
- Professional or employment-related information (for example, current or past job history)
- Inferences drawn from other personal information (for example, profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes)
We use this information, and share this information with our service providers, for the following commercial and business purposes:
- To fulfill or meet the reason for which the information is provided.
- To provide you with information, products or services that you request from us.
- To provide you with information concerning our products or services, or events or news, or opportunities that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for account management, billing, collections, usage analytics and compliance with terms.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our customers or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
We do not sell your personal data, but may transfer your personal data to third parties, including our processors and service providers, as described in this Policy.
Collection of Your Personal Data
What We Collect. In some situations you may provide us with your personal data, which could include your name, street address, telephone number, email address, job title, payment card number, other financial account number(s), mother’s maiden name or other family names, date and place of birth, criminal record, arrest record, driver’s license number, photographic image, the types of information specified in the Summary of Data Use, Collection, and Disclosure section of this Policy, and any other information we collect about you that by itself is not personally identifiable information but if combined with personally identifiable information could be used to personally identify you.
You may provide us with personally identifiable information when you enter a sweepstakes or contest; complete a survey; apply for a job; make a purchase; download an e-book; request customer support; evaluate or subscribe to certain services or Platform, sign up for email or text message (SMS/MMS) notifications and/or newsletters; register for our Platform, or register and/or set up an account/profile to access, visit and/or use our website and/or Platform; provide comments, reviews, feedback, or testimonials about our products or services, request support or information about our services or Platform; and participate in any other transactions or interactions between you and MMP.
Information We Automatically Collect. When you interact with us by computer, telephone, mobile phone or other device, we automatically collect certain information. This information may include, without limitation: telephone number, geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; your interactions with us, length of visit; page views; Internet Protocol address or other unique identifier; hardware model; mobile network information; and time zone.
Refer a Friend. If you choose to use our referral service to tell a friend about us or our services, we will ask you for your friend’s name and email address. We will use the information you provide to automatically send your friend an email or other communication inviting him or her to visit our website. Your friend can opt out of receiving future promotional/marketing messages from us as described in the Unsubscribe section of this Policy. Treatment of your friend’s information will be subject to the terms of this Policy.
Telephony Information. If you use certain features of our services or Platform, we may collect telephony information (like phone numbers, time and date of calls, duration of calls, text message (SMS/MMS) routing information and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through Internet Protocol address, Global Positioning Satellite information, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cellular towers).
Personal Data We Collect From Other Sources. We may also collect information about you from other sources, including third parties from whom we have purchased personal data, and combine this information with personal data provided by you. This helps us to update, expand and analyze our records, identify new customers and create more tailored advertising to provide services that may be of interest to you. We may collect personal data from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering relevant email content, event and services promotions and profiling.
Disclosures by Children. We believe that protecting the privacy of the very young is especially important and for that reason we will never collect or maintain information on our Site from those we actually know are under the age of 16. Our websites and Platform are intended for business audiences, and no part of our websites or Platform is structured to attract anyone under 16.
Third Party Sites. We may provide links to third party websites. Please note that the privacy and other policies of any such third party website may differ materially from this Policy. We strongly recommend that you review the privacy policies of any such third party prior to submitting personal data. MMP has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.
Use of Widgets and Social Media. We may provide widgets that make it possible to share information on third-party services. We may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our site (each, a “Feature”). To the extent we use these Features, they may collect your Internet Protocol address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social media Features and widgets are either hosted by a third party or hosted directly by us. Your interactions with these Features are governed by the privacy statement of the company providing the Feature or widget.
Use of Testimonials. We may select and post testimonials about us or our Platform, which may contain personal data such as your name and/or the city, state, or country in which you live. We will obtain your consent prior to posting any testimonial with your name. If you post such content, it will be available to other customers and visitors. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove or delete your name or testimonial, you may contact MyMarketingPass using the information in the How to Contact Us section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages for a period of time.
Reviews. We may post reviews provided by you about us or our Platform, which may contain personal data such as your name and/or the city, state, or country in which you live. When submitting your review, you are giving us permission to post your review. If you post such content, it will be available to other users of our website or Platform. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove your name or review from our website, you may contact MyMarketingPass using the information in the How to Contact Us section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages for a period of time.
Client Examples. We may select certain graphics or videos provided to you from our Platform as examples of our Service to use in various marketing and sales assets, which may reveal your brand and offers. When requesting graphics and videos, you are giving us permission to use these assets as client examples. If you would like us to remove your example(s) from our marketing and sales, you may contact MyMarketingPass using the information in the How to Contact Us section of this Policy.
Your Choices. You have choices with respect to your personal data, and can choose to not provide personal data to us. Our Platform may require some personal data to provide you with a service. If you choose not to provide data required to provide you with a service or feature, you cannot use that service or feature. We may also need to collect personal data as required by law or to enter into or carry out an agreement with you. If you do not provide any such required personal data, we will not be able to enter into the agreement. If you are already using our Platform and choose not to provide us with any necessary personal data we may have to suspend or cancel the impacted services.
Use of Your Personal Data
General. We may process your personal data as described in this Policy to perform our contract or other obligations we have with you, for our legitimate interests or those of a third-party, as needed or permitted to comply with law, or based on your consent. These uses may include:
- providing our websites, services, and functionality (for example, to perform our contract with you for the use of our websites and services and to fulfill our obligations under applicable terms of service or to operate and administer our websites and to provide you with content you access and request);
- providing customized service content (for example, so that we can provide you with customized content or keep track of preferences you specify);
- maintaining and improving the security and safety of our websites and services (for example, by tracking use of our websites and services, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity and enforcing our terms and policies, to promote the safety and security of the services, systems and applications and in protecting our rights and the rights of others);
- account management (for example, managing your subscription or other registration to provide you with services, servicing your account, providing information related to your purchase, use, payments and invoices, and contacting you about your purchase);
- handling contact and user support requests (for example, when you contact us, request contact, or request user support, including by telephone, email, webform or otherwise, to fulfill your requests, assist you with your use of our Platform, and communicate with you);
- providing you with service, company updates, and other notifications (for example, if you are a customer, we may provide you with company news, and service information);
- managing event registrations and attendance;
- managing contests/promotions/sweepstakes (for example, if you register for a contest, promotion, or sweepstakes, then and subject to any additional applicable rules);
- managing and processing payments including facilitating payment card transactions initiated directly with us or through a third-party payment processor and related authentication, security and fraud prevention activities; (for example, if you are a customer purchasing services from us or using our services to process payment card transactions);
- developing and improving our websites, services, and user experience (for example, to debug and repair any errors impacting functionality, to assess systems capacity requirements, to analyze trends and to track your usage of and interactions with our websites and services for developing and improving our websites and services and providing our users with more relevant content and service offerings);
- auditing and reviewing compliance with applicable usage terms, policies, laws, rules, and regulations;
- registering office visitors (for example, to protect our offices and our confidential information against unauthorized access);
- displaying personalized advertisements and content (for example to conduct marketing research, advertise to you, provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests);
- identifying customer opportunities and sending marketing communications (for example, to ensure that we are meeting the demands of our customers and to send you marketing information, product recommendations and other non-transactional communications such as marketing newsletters, telemarketing calls, and texts (SMS/MMS), about us and our affiliates and partners, including information about our products, promotions or events);
- complying with legal obligations (for example when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of personal data to protect our rights or is necessary to protect against misuse or abuse of our websites, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests);
- fraud prevention and authentication purposes, and to monitor compliance with our contract and any applicable Platform use requirements and restrictions;
- considering and responding to your job application and other employment or potential employment matters;
- with your consent for any purpose permitted by law and for which you have provided consent;
- use of anonymous data (for example, we may use anonymous, aggregated data for any legal purpose);
- as specifically set forth in any agreement or terms of service we have with you; or
- for those other purposes which may be permitted by applicable law.
Requests for Information. If you provided us with your email address or phone number to receive information from us, we and our fulfillment partners may contact you using the contact information you provided us regarding our Platform and services, such as offers, support and product updates. MMP and our fulfillment partners may make such contact by email, phone and/or text (SMS/MMS), including the phone number you provide us, and we may use automated dialers technology in order to more efficiently connect you with one of our representatives. Your mobile phone carrier’s standard message and data rates may apply to text messages. You are not required to provide your phone number as a condition of purchasing access to our Platform or services, and you can opt out of text messages at any time as described in the “Unsubscribe” section found below within this Policy.
Email and SMS. We may communicate with you through email and text messaging (SMS/MMS) using your personal contact information on file in our systems to inform you of new products, important industry and company news, information about our Platform and services, and as otherwise provided in this Policy, unless you opt out of such communications.
Automated Processing (Including Profiling) and Automated Decision-Making. Automated decision making refers to a decision that is taken solely based on automated processing of your personal data. Profiling is a form of automated processing that involves evaluating and assessing certain aspects about you, in order to analyze or predict your personal preferences, interests, or behavior.
We may use automated decision making and profiling in the following instances:
- Chatbots. We use chatbots, a software that conducts an automated conversation to answer your questions and improve our customer service.
- Analytics. We use automated analytics of your profile and usage experience, based on which we provide personalized product recommendations to you.
- Retargeting. We or our third-party service providers use “retargeting”, which means we may send you or display to you communications and content specifically tailored to your interests and needs based on your previous internet actions.
You may have the right to object at any time to the use of automated decision making or profiling. Please see Your Rights & Choices section below for more information about your rights. To turn off personalized advertising, please change your cookie settings.
We may also use personal data as set forth in the Summary of Data Use, Collection, and Disclosure section of this Policy.
Disclosure of Your Personal Data
General. We may disclose your personal data to our independent contractors, business partners, processors, or service providers who have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except to carry out the services they are providing for MMP. Such vendors may include providing services enabling us to use personal data as described in the Policy, such as hosting our Platform, services or other data; managing the functionality of our Platform or services; hosting customer relationship management, marketing automation, customer service and other software platforms on our behalf; processing and facilitating payment card transactions and related authentication, security and fraud prevention activities; collecting delinquent accounts; fulfilling and processing orders; delivering products or services you have ordered; conducting background checks and other pre-employment screening; assisting with marketing and promotions; and enabling us to send you email.
We may also disclose your personal data (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders or if we have a good-faith belief that we need to disclose it in order to comply with official investigations or legal proceedings; (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) as otherwise disclosed in the terms and conditions of our agreements with customers, including our separately posted and applicable Terms of Service for the Platform and other relevant services.
MMP has a number of partner programs designed to maximize our customers’ ability to use our Platform and to purchase complementary products and services that may be used in tandem with our Platform. We may disclose information collected from a customer to one or more trusted partners for the purpose of such partner(s) providing assistance and for the purpose of marketing complementary or value-add products and services. In each case such trusted partner will have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except for the purposes described above. We may disclose your personal data to our subsidiaries or affiliates, but only if necessary for business purposes and legal bases as described in this Policy.
Disclosures of Aggregate or Anonymous Information. MMP may also disclose aggregate, anonymous data based on information collected from you for any legal purpose, which may include analyzing usage trends or seeking compatible advertisers, sponsors, and customers.
Disclosures Made by You. If you use a bulletin board, blog, comment or discussion forum or chat room we make available, or connect with social media, you should be aware that any personal data you submit there can be read, collected, or used by other users of these forums, could be used to send you unsolicited messages, and could be potentially searchable through search engines. We are not responsible for the potential misuse by third parties of any personal data that you choose to submit in these various forums.
We may also disclose personal data as described in the Summary of Data Use, Collection, and Disclosure section of this Policy.
When the purposes of processing are satisfied, we will delete or depersonalize your personal data within a reasonable time period.
Data Integrity and Security
We have implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect personal data from unauthorized processing, including unauthorized access, disclosure, alteration, or destruction. Although MMP will use reasonable efforts to secure our systems, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure. In addition, if we have to disclose your personal data to governmental/law enforcement officials, we may not be able to ensure that those officials will maintain the privacy and security of your personal data.
International Transfers of Personal Data
Your personal data may be collected, transferred to and stored by us in the United States and by our affiliates and third parties that are based in other countries. Therefore, your personal data may be processed outside your jurisdiction, and in countries that are not subject to an adequacy decision by the European Commission or your local legislature and/or regulator, and that may not provide for the same level of data protection as your jurisdiction. We ensure that the recipient of your personal data offers an adequate level of protection, for instance by entering into the appropriate data protection agreements and, if required, standard contractual clauses for the transfer of personal data, as approved by the European Commission, or transfers on the basis of the Privacy Shield Framework.
Your Rights & Choices
You may have certain rights relating to your personal data, subject to local data protection laws. Please note that you can only exercise these rights with respect to personal data that we process about you when we act as a data controller. This is when MMP decides why and how your personal data will be processed, rather than our customers making those decisions. To exercise your rights with respect to information processed by us on behalf of one of our customers, please read the privacy notice of our customer. Depending on the applicable laws and, in particular, if you are located in the European Economic Area or the State of California in the United States, these rights may include:
For European Economic Area residents:
- To access your personal data held by us (right to access);
- To rectify inaccurate personal data and, taking into account the purpose of processing the personal data, ensure it is complete (right to rectification);
- To erase/delete your personal data, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
- To restrict our processing of your personal data, to the extent permitted by law (right to restriction of processing);
- To transfer your personal data to another controller, to the extent possible (right to data portability);
- To object to any processing of your personal data carried out on the basis of our legitimate interests (right to object). Where we process your personal data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
- Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects; and
- To the extent we base the collection, processing and sharing of your personal data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal. If you have given consent for your details to be shared with a third party, and wish to withdraw this consent, please also contact the relevant third party in order to change your preferences.
For State of California, United States of America, residents and households:
- You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you and the categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions provided by law. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Unsubscribe. You may opt out of receiving future promotional/marketing messages from us by clicking the “Unsubscribe” link found in the footer of our email messages or by replying or texting ‘STOP’ if you receive text message (SMS/MMS) communications. Please note that if you opt out of promotional/marketing messages, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile. You may also contact us using the information in the How to Contact Us or Exercising Your Rights sections of this Policy.
Exercising Your Rights. To exercise your rights described above or as otherwise available under applicable law, please submit your request to us by
- Email: [email protected];
- Telephone: +1 213 805-7675; or
We try to acknowledge all requests within ten (10) days and respond to all legitimate requests within one month. We will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive.
Only you (or if you are resident of California, a person registered with the California Secretary of State that you authorize to act on your behalf), may make a request related to your personal data. You will need to provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected personal data. Generally, we will request only information that we may have about you to confirm your identity, but under some circumstances we may require additional information or documentation to complete your request. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request. Making a request does not require you to create an account with us. Unless otherwise permitted or required by applicable law, we will only use information provided in a request to verify your identity or authority to make the request.
We generally do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded, and permitted by law. If we determine that the request warrants a fee and such fee is permitted by law, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination. We will not discriminate against you for exercising any right afforded to you by any data protection law. Unless otherwise permitted by law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other Requests. You may ask us to remove content or information that you have posted to our websites. Please note that while we will make reasonable efforts to accommodate such requests, your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor or third-party.
European Union Supervisory Authority Oversight. If you are a data subject whose personal data we process, you may also have the right to lodge a complaint with a data protection regulator in one or more of the European Union member states.
Our Customers. As described above, we may also process personal data submitted by or for a customer of ours in our capacity of a processor or service provider. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this Policy. If your data has been submitted to us by or on behalf of our customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only act upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of our customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
How To Contact Us
General. If you have any questions or concerns about this Policy or the way your information is being used by MyMarketingPass, you can contact us (i) by email directed to [email protected] or (ii) by mail addressed to Ashley Wilkes Marketing LLC., 18849 Sutter Creek Dr, Walnut, CA 91789, attention Legal /Privacy Compliance. If you have a disability you may also contact us to access this Policy in an alternative format.
Our Data Protection Officer is:
Paul Sokol, CTO/US
Changes and Effective Date. We may change this Policy at any time and from time to time. The most recent version of the Policy is reflected by the version date located at the top of this Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version or other notice on our website. We encourage you to review this Policy often to stay informed of changes that may affect you. If you would like to see an earlier version of this Policy, please contact us using one of the methods set forth above and specify the applicable date or time period for the prior Policy version requested.
Contract Terms. You consent to our collection, use, and disclosure of your information as described in this Policy. For the purposes of our Policy, when we refer to “you” or to a “customer” we mean any past, current or prospective customer of MMP, and any individual whose personal data is obtained pursuant to this Policy. By choosing to visit and interact with MMP, you agree to comply with the terms of this Policy, and that your visit and any dispute regarding the protection of your privacy during such visit is subject to this Policy and if you are a customer of ours, the dispute resolution provisions in our separate Terms of Services or other agreement applicable to our services. Please note that to the extent a customer enters into other contractual agreements with MMP, the privacy terms and conditions of such agreements (including the separate Terms of Service) may by express reference supplement or supersede portions of this Policy.
Revised: July 18, 2020
Hello! Please keep reading these important Terms. They apply when you buy a subscription or use any of our services. Speaking of which, thank you for your interest. We appreciate you (and your apparent love of legal terms).
Who are we? We are Ashley Wilkes Marketing, d/b/a MyMarketingPass. We might call ourselves “MMP” (“We”, “Us” or “Our”).
Who are you? You are a customer, or you represent a customer, of our MyMarketingPass Services (as defined below). So, you be “You” (or “Your”).
A few things You should know right away:
Article I. Definitions
“Authorized User” means any of Your employees, consultants, contractors or agents authorized to access and use the MMP Service on behalf of Your business, in each case subject to such person’s agreement to be bound by these Terms.
“Front End Code” means our user interface display and usability platform. This includes, but is not limited to, the layout, color scheme, HTML pages and source code, etc.
“MMP Materials” means any documentation, user guides, or other similar materials provided by MMP to You in connection with Your use of the MMP Service.
“MMP Service” means any of the MMP set of solutions that are developed, operated, and maintained by MMP (and its third party service providers) and that are subscribed to through an MMP branded or controlled website (or MMP partner website) that includes a link to or makes reference to these Terms. The definition of MMP Service does not include any separate Professional Services (as defined below) that may be purchased by You from MMP.
“Order Form” means any online or written subscription order form or contract for the MMP Service or for Professional Services submitted by You either during an online subscription process or separately signed by You and submitted to MMP, and any future purchase order, contract, or order form that makes reference to these Terms.
“Professional Services” means any implementation, training or other professional services provided by MMP to You pursuant to the terms of an Order Form.
“Subscription Term” means the use term for the MMP Service set forth on Your Order Form and any additional renewals of such term.
“Third Party Content” means the content, including software code and software-as-a-service offerings, that an MMP partner or other third party may bundle with the MMP Service, for a specific market or niche offering.
“Your Data” means registration information and other information relating to Your Authorized Users, and information relating to Your customers, contacts, business, marketing, and finances, and any similar data that You submit to the MMP Service.
Article II. Use Rights and Restrictions
2.1 Use Rights; Restrictions. Subject to these Terms, MMP grants to You during the Subscription Term the non-transferable (except as permitted below), non-exclusive right to permit Your Authorized Users to access and use the MMP Service (and any MMP Materials provided to You) to allow You to perform marketing related business functions that the MMP Service is designed to perform, subject to the following restrictions: (i) Your use of the MMP Service may not be on behalf of third parties unless a separate agreement between You and MMP permits use of the MMP Service on behalf of Your clients (and in such case limited to use on behalf of clients for whom You have purchased access and use rights); (ii) except as expressly permitted herein or in a separate partner agreement between You and MMP, You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource otherwise commercially exploit or make the MMP Service or the MMP Materials available to any third party; (iii) You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the MMP Service or MMP Materials (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law), or access or use the MMP Service or MMP Materials in order to build a similar or competitive product or service; (iv) Your use of the MMP Service (in terms of number of Authorized Users, maximum ticket queues, monthly coaching limitations, etc.) shall conform with the restrictions set forth in the Order Form for the level of subscription purchased by You (MMP may monitor Your compliance with these limits and if it detects overuse require that You upgrade to the appropriate higher subscription level); (v) Your use of the MMP Service must not cause undue strain or stress on the MMP network through excessive ticket submissions or other non-standard use.
2.2 Technical Support. During the Subscription Term, You will be entitled at no extra charge to access online user guides, knowledge bases and self-help tools, and any additional standard technical support resources for the MMP Service that may be offered by MMP from time to time.
2.3 Intellectual Property Rights. You acknowledge and agree that MMP retains all proprietary rights in and to the MMP website (https://MyMarketingPass.com) which we may update from time to time. MMP also retains all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the MMP Service and MMP Materials (including application development, business and technical methodologies, and implementation and business processes, used by MMP to develop or provide the MMP Service or MMP Materials), and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted to You under these Terms, You do not acquire any interest in the MMP Service or MMP Materials. You agree that MMP can use any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any of Your Authorized Users relating to the MMP Service or the MMP Materials without restriction or obligation to You.
Article III. Data Protection
3.1 Ownership of Your Data. As between You and MMP, Your Data is and will remain Your property. You grant to MMP a non-exclusive right to use, copy, distribute and display Your Data solely in connection with MMP’s operation of the MMP Service on Your behalf. You, not MMP, have sole responsibility for the accuracy, integrity, and reliability of Your Data, and MMP will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data.
3.2 EU Personal Data. As of May 25, 2018, if You have not executed the MMP Data Processing Addendum (“DPA”), You are prohibited from using the MMP Service to process data regulated by the General Data Protection Regulation of the European Union (GDPR).
3.3 Notification of Decreased Protection Standards Event. MMP agrees to promptly notify You if MMP becomes unable to satisfy its obligations under this Article III on Data Protection or Article V on Confidentiality.
Article IV. Fees
4.1 Fees. The fees for the MMP Service and any additional Professional Services (“Fees”) are set forth in the Order Form and are payable in advance, irrevocable and non-refundable except as set forth in the Order Form and these Terms. You agree to provide MMP with complete and accurate billing and contact information. Where payment by credit card is indicated in the Order Form, or You otherwise provide MMP with credit card information, You authorize MMP to bill such credit card (a) at the time that You order the MMP Service or other Professional Services set forth in the Order Form, (b) for any billing frequency otherwise established in the Order Form, and (c) at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term. If MMP, in its discretion, permits You to make payment using a method other than a credit card, MMP will invoice You at the time of the initial Order Form and thereafter on a monthly basis in advance of the relevant billing period, and all such amounts invoiced will be due within ten (10) days of Your receipt of MMP’s invoice. Late payments shall be subject to a service charge of one and one-half percent (1.5%) per month, or the maximum charge permitted by law, whichever is less.
4.2 Taxes. You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than taxes on MMP’s net income) arising from the transactions described in these Terms, even if such amounts are not listed on an Order Form. To the extent You are exempt from sales or other taxes, You agree to provide MMP, upon request, with the appropriate exemption certificate.
4.3 Non-Payment; Other Suspension Rights. MMP may terminate the MMP Service if the billing or contact information provided by You is false or fraudulent. MMP also reserves the right, in its discretion, to suspend or cancel Your access and/or use of the MMP Service: (i) where any payment is due but unpaid under any Order Form or account associated with You and You have been requested but failed to promptly cure such payment failure; or (ii) in the event a dispute arises on Your account as to who at Your business has authority to act or manage Your account and MMP is not promptly provided with written instructions from the interested parties associated with Your account that fully resolves the dispute. You acknowledge and agree that it a dispute arises as to management of Your account, then (i) if the listed owner of the account is a corporation, limited liability company or other registered entity, MMP may rely on public records (to the extent available) concerning the appropriate authorized executives or managers of Your entity; or (ii) if the listed owner is a dba or sole proprietorship, or any other entity for which public records of control are not readily accessible online, MMP may assume that the person or entity that has been making payments on Your account has the authority to manage the account. You agree that MMP shall not be liable to You nor to any third party for any suspension or cancellation of the MMP Service resulting from Your non-payment of Fees or from a dispute as to the management rights to Your account.
Article V. Confidentiality; Use of Names
5.1 Confidential Information. For purposes of this Agreement, confidential information shall include the business terms in the Order Form, Your Data, the MMP Materials, and any information that is clearly identified in writing at the time of disclosure as confidential or that should be reasonably understood to be confidential by the receiving party given the nature of the information and the circumstances of its disclosure (“Confidential Information”). Each party agrees: (a) to receive and maintain in confidence all Confidential Information disclosed to it by the other party or by a third-party; (b) not to use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights hereunder; (c) to limit the internal dissemination of Confidential Information to those employees and contractors of the recipient who have a need to know and an obligation to protect it; and (d) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information). MMP will restrict its employees’ access to Your Confidential Information to only those employees necessary as determined in MMP’s sole discretion to successfully provide the MMP Service. MMP may disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services for MMP in connection with the performance of this Agreement. Except for personal information within Your Data which is at all times understood to be Confidential Information notwithstanding anything to the contrary in these Terms, Confidential Information shall not include information that: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or (4) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. This Section will not be construed to prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure.
5.2 Credit Card Information. MMP agrees that it will retain and store any provided credit card information only for the minimum amount of time required for business, legal and/or regulatory purposes, and will use standard industry practices to protect such information from unauthorized access, disclosure or use.
5.3 Use of Names in Marketing. You may use MMP’s name and credentials in an appropriate and acceptable manner for Your standard marketing promotions, provided that You agree to cease or alter such use at MMP’s request where such use is contrary to MMP’s branding policies, could cause any brand confusion in the market or is otherwise objectionable to MMP. Similarly, MMP may use Your business name in an appropriate and acceptable manner for standard marketing promotions, provided that MMP agrees to cease or alter such use at Your request where such use is contrary to Your branding policies, could cause any brand confusion in the market or is otherwise objectionable to You. Acceptable and standard marketing promotions include, but are not limited to: client listings, press releases, surveys, interviews, reputable business publications, television, and web site presentation and promotion, etc.
Article VI. Term & Termination
6.1 Standard Term. Unless a different Term is specified in a signed Order Form between You and MMP, the Initial Term of Your subscription to an MMP Service will begin on the submission or execution of Your Order Form and shall continue on a month-to-month basis until the subscription is terminated as provided for in this Article 6.
6.2 Notice of Non-Renewal. Either party may terminate the Subscription Term to an MMP Service by providing prior written notice of non-renewal to the other party at least 30 days prior to the end of the then-current Subscription Term. MMP’s termination rights are in addition to any termination or suspension rights it may have under these Terms or any incorporated policy.
6.3 Effect of Termination. Upon termination of the Subscription Term, all Fees then due and payable to MMP must be paid in full. Contingent upon its receipt of all such Fees, MMP will continue to make Your Data available for downloading for 60 days after the termination date. Following this 60-day grace period, MMP may remove Your Data from the production environment for the MMP Service. The provisions of these Terms which by their nature are intended to survive expiration or termination, including but not limited to obligations concerning confidentiality, protection of intellectual property, indemnification and payment of unpaid Fees and expenses, shall survive any termination.
Article VII. Warranties, Limitation of Liability, and Indemnity
7.1 Limited Warranties.
- By MMP. MMP warrants for a period of the first 30 days following their delivery that all Professional Services provided hereunder will be performed in a workmanlike manner, in substantial conformity with the professional standards for comparable services in the industry. For any material breach of this warranty timely reported by You, Your exclusive remedy shall be the re-performance of the deficient Professional Services, and if MMP is unable to re-perform the deficient Professional Services as warranted, You shall be entitled to recover the portion of the Fees paid to MMP for such deficient Professional Services, and such refund shall be MMP’s entire liability.
- By You. You warrant that Your business shall comply with these Terms and with all applicable federal, state and local laws and regulations, as well as all incorporated policies, in connection with Your use of the MMP Service, and.
7.2 MMP Not Responsible for Third Party Content. The MMP Service may be bundled by third parties (including but not limited to MMP marketing or content partners) with Third Party Content designed to facilitate use of the MMP Service in certain market niches or to customize the MMP Service for use by certain categories of target customers. To the extent that You either purchase the MMP Service from such third parties or acquire the Third Party Content or configuration services from such third parties (even though You may purchase the core MMP Service directly from MMP), MMP does not warrant in any manner and will not be responsible for such Third Party Content and You agree to look solely to the relevant third party provider (and not MMP) if and to the extent that You have any complaints or issues relating to the Third Party Content or its interaction with an MMP Service.
7.3 Warranty Disclaimers. EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, UNINTERRUPTED SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT MMP SPECIFICALLY DISCLAIMS ALL WARRANTIES RELATING TO THE MMP SERVICE.
Indemnity. You agree to indemnify and hold MMP harmless from and defend MMP against any third party or government claims, including all related damages, costs and expenses (including reasonable attorneys’ fees), that arise due to Your violation of law or breach of these Terms, including any losses that result from claims You make that are prohibited under any provision of these Terms, such as the Limitation of Liability section below, or any other section.
7.4 Limitation of Liability. IN NO EVENT WILL MMP BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. IN ADDITION, IN NO EVENT WILL MMP’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO MMP DURING THE SIX MONTH PERIOD PRECEDING THE ALLEGED LIABILITY EVENT.
Article VIII. General Provisions
8.1 Notice. Notices to MMP will only be effective when delivered to [email protected] with a copy to: MyMarketingPass, Attn. General Counsel, 18849 Sutter Creek Dr, Walnut CA 91789 USA, or any subsequent address we may provide the MMP Service. We may give general notices within the MMP Service, which will be effective when posted. Alternatively, we may give You notice (a) by email or mail to the last known email or physical address that we have on record for You, which will be effective when we send it; or (b) via telephone, by calling the number we have on record for You, which will be effective when we talk with You. It is Your responsibility to keep all Your contact information current.
8.2 Assignment. You do not have a right to assign these Terms without providing prior notice to and obtaining the consent of MMP. Any purported assignment in violation of this Section shall be void. We can assign these Terms without Your consent.
8.3 Integration; Modification. These Terms and any amendments thereto, along with the information incorporated into these Terms (including reference to information contained in a URL or referenced policy), together with any applicable Order Form, represent the parties’ entire understanding relating to the MMP Service, the MMP Materials and the Professional Services, and supersede any prior or contemporaneous, conflicting or additional communications. We may modify all or parts of these Terms at any time. If we revise these Terms, the modified version will not be retroactive and will be effective and binding the day after we post the revised Terms on https://MyMarketingPass.com/legal. We will give You notice of material changes to our Terms, most likely via email or within the MMP Service, though we may instead give You notice by calling to discuss material changes with You. If You object to any changes we make to our Terms, You must give us notice within 10 days after the revised Terms are posted; in this event, Your continued use of the MMP Service and Professional Services will continue to be governed by the Terms in effect prior to Your notice, provided that those Terms will remain in effect only until the expiration or earlier termination of Your then-current Subscription Term. If Your subscription renews at the end of Your Subscription Term, the Terms posted on https://MyMarketingPass.com/legal at the time of Your renewal will apply to You upon such renewal. If You don’t timely object to changes we make to these Terms by giving us notice as described above, Your continued access to or use of the MMP Service means You have agreed to be bound by the most current version of these Terms which will govern our relationship with You as soon as they become effective. You can always find our most up-to-date Terms at https://MyMarketingPass.com/legal. Since we might update these Terms from time to time or at any time, we suggest You review them occasionally and check the “Revised” date which will reflect the date the current version was posted.
8.4 Governing Law. These Terms shall be governed exclusively by the laws of the State of Arizona, USA, excluding its conflict of laws rules. We and You agree to the exclusive jurisdiction and venue of the state or federal courts in Pima County, AZ, USA for any and all disputes, controversies and claims arising out of or relating to these Terms or concerning the respective rights or obligations of the parties.
8.5 Force Majeure. Except for Your obligation to pay Fees, neither party will be responsible for failure of performance due to causes beyond its control.
8.6 Export. You agree that U.S. export control laws and other applicable export and import laws govern Your use of the MMP Service, including MMP technology. You represent that You are neither a citizen of an embargoed country nor prohibited end user under applicable U.S. export or anti-terrorism laws, regulations and lists. You agree not to use or export, nor allow a third party to use or export, the MMP Service or technology in any manner that would violate applicable law, including but not limited to applicable export and import control laws and regulations.
8.7 Severability. If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
8.8 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between MMP and You as a result of these Terms or use of the MMP Service.
8.9 Waiver. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.
8.10 Government End Use. If You are an agency or unit of the U.S. Government (“Government”), the MMP Service is provided for ultimate Government use solely in accordance with the provisions of the Federal Acquisition Regulation (“FAR”) and supplements thereto, including the Department of Defense (“DoD”) FAR Supplement (“DFARS”), set forth in this Section. Government technical data and software rights related to the MMP Service include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR §12.211 (Technical Data) and FAR §12.212 (Computer Software) and, for DoD transactions, DFARS § 252.227-7015 (Technical Data – Commercial Items) and DFARS § 252.227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If the Government has a need for rights not conveyed under these terms, it must negotiate with MMP to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.