Marshall and Moss Group know that you care about your personal information and that of your child. Your privacy and your dependent’s privacy are important to us. This Privacy Policy explains what personal information and data we collect from you and how we use it, whether you access online (www.marshallandmoss.com) (the “Website”), via a mobile application or any other means now existing or which may be developed in the future. Please read this Privacy Policy with care. When we use the word “you,” it refers collectively to you and your dependents.

BY VISITING THE SITE, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY POLICY.

You share your personal information with us when you become a client, when you register with our online services, subscribe to our newsletter or other marketing information, complete an online form, or contact us through one of our channels.

This privacy policy has been prepared to better serve those who are concerned with how their or their dependent’s 'Personally Identifiable Information' (PII) is being used online. PII refers to any information that tells us something about you or that we can link to you. This includes the following:

"Personal Information" means any information concerning a natural person, which, because of name, number, personal mark, or other identifier, can be used to identify such natural person. Personal Information includes all personally identifiable information of you and your dependents.

“Private Information” means either (i) personal information consisting of any information in combination with one or more of the following data elements, when either the data element or the combination of personal information plus the data element is not encrypted, or is encrypted with an encryption key that has also been accessed or acquired:

(i) Social Security number;

(ii) Driver's license number or non-driver identification card number;

(iii) Account number, credit or debit card number, in combination with any required security code, access code, password or other information that would permit access to an individual’s financial account;

(iv) Account number, credit or debit card number, if circumstances exist wherein such number could be used to access an individual’s financial account without additional identifying information, security code, access code, or password;

(v) Biometric information, meaning data generated by electronic measurements of an individual’s unique physical characteristics, such as a fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation of biometric data which are used to authenticate or ascertain the individual’s identity; or

(vi) A username or e-mail address in combination with a password or security question and answer that would permit access to an online account.

Private Information does not include publicly available information which is lawfully made available to the general public from federal, state, or local government records.

By processing we mean everything we can do with this data such as collecting it, recording, storing, adjusting, organizing, using, disclosing, transferring, or deleting.

INFORMATION COLLECTION

When you use Marshall and Moss services, we may ask you to provide certain PII to obtain our products or use our services. Or our third-party partners may provide PII to us with your consent. For example, we may ask for information when you register to create an account, update your information, fill out a survey, provide tax or accounting related information, request client support, or otherwise communicate with us.

We (or our service providers or business partners) may collect information that relates to you, including PII, such as your name, e-mail address, telephone number, phone number, mailing address, date of birth, gender, and demographic information, information about your finances and taxes, health, physical or behavioral characteristics, or other demographic information, as well as photos, and other user-generated content.

Information You Provide When You Pay an Invoice. If you pay an invoice, you may be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via check, wire transfer, PayPal, QuickBooks online, or Apple Pay), depending on the form of payment you choose.

Information You Provide about a Third Party. You may decide to provide us with another person's information (such as name, email, address, or phone number) so that we may complete your tax return, tax planning and benefit fund administration, bookkeeping, or recommend or send products or services to such person, or so that we may facilitate your communication with other people. Local law may require you to seek the consent of your contacts to provide their personal information to Marshall and Moss (or in connection with using Marshall and Moss services), which may in turn use that information in accordance with the terms of this Privacy Policy. Where required by law, we will obtain the required consent from the person whose information you provided to us.

Information Collected Automatically. Whenever you visit or interact with us, we and any third-party advertisers and/or service providers may use a variety of technologies that automatically or passively collect information about your online activity. This information may be collected in the following ways:

Usage Information. We may use cookies, web beacons, pixel tags, single pixel GIFs, action tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information which enables Marshall and Moss to improve our services and provide you with more relevant content and advertising offered by Marshall and Moss.

Geolocation Information. We may collect information about the location of your device when you access or use Marshall and Moss services. In addition, if you choose to turn on your Bluetooth, Wi-Fi, or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.

Third Party Service Providers. We may use third party service providers to support Marshall and Moss services. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store information on our behalf.

Third Party Analytic Technologies. We may use third parties’ analytics and tracking tools, such as Google Analytics, Facebook Custom Audience, and others, to help us track, segment and analyze usage of the Marshall and Moss website or mobile application and to help us or those third parties serve more targeted advertising to you on the Marshall and Moss services and across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store non-personal information. They may also combine information they collect from your interaction with the Marshall and Moss services with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

For How Long Do We Keep Your PII? We are only allowed to keep your PII for as long as it is necessary for the purpose, we initially required it. We may also archive your PII. The appropriate retention periods for each category of data are based on the requirements of applicable data protection laws and the purpose for which the information is collected and used, considering legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and Marshall and Moss business purposes.

INFORMATION USAGE

We may use the information about you in a variety of ways:

For Client Service and Transaction Purposes, such as to:

• respond to your questions or requests and provide client service;
• manage your account and registration;
• troubleshoot issues, bugs or defects related to your account or activities;
• verify your identity or communicate with you about your activities with respect to Marshall and Moss services;
• to use and disclose your credit, debit or payment card or other financial information only to process payments and prevent fraud;
• develop new products or services and to enhance current products and services;
• protect the security or integrity of Marshall and Moss services and our business, such as by
• protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and
• managing risk exposure, including by identifying potential hackers and other unauthorized users; and
• for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.

For Advertising Customization and Analytics Purposes, such as to:

• perform market research, understand the effectiveness of our competition or promotions and Marshall and Moss services analytics and operations;
• personalize and improve Marshall and Moss services and our products, services, offers and advertising made available on or outside Marshall and Moss services (including on other sites/ applications that you visit). For example, we may provide personalized or localized content, recommendations, features, and provide content or features that match your interests and preferences;
• provide you with customized content, advertisements, offers and promotions offered by Marshall and Moss or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on Marshall and Moss services, in emails and across third-party websites;
• link or combine with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and
• communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Client Match, etc.) for Marshall and Moss marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.

INFORMATION SECURITY

How do we protect your information?

We have implemented commercially reasonable physical, technical, and administrative controls and procedures to protect the information that we collect. Unfortunately, no method of storage or transmission over the Internet can be 100% secure, and so we cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please help keep your account safe by using a strong password.

All transactions are processed through a gateway provider and are stored and processed on our servers.

SHARING OF INFORMATION

Third-Party Vendors. We are not in the business of selling your personal information to others. We share the information that you provide only with our affiliated entities, to vendors that provide services under contracts with us (such as hosting companies and list managers), to fulfill your orders, to provide you with services you have requested, or for the specific purposes set forth below.

Prior Notice. Unless otherwise stated in this Privacy Policy or at the time of collection, our policy is that we will not sell, rent, share, or authorize any third party to use your email address or any information that personally identifies you without giving you prior notice.

Successors. In the future, we may sell, buy, merge or partner with other companies or businesses. In the event of such a transaction or transactions, we may include your information among the transferred assets

Aggregation and De-Identification. We may share aggregated, de-identified data with advertisers, marketers, or other businesses. We may also match user information with third-party data, subject to the terms of confidentiality agreements. We also share information about our users and clients in aggregate or de-identified form, and nothing in this Privacy Policy restricts our use of aggregated or de-identified information in any way.

In addition, we may use or share your PII in the following circumstances:

Service providers. We have contracts with third parties to provide services on our behalf, such as credit-card and payment processing, shipping, e-mail distribution, list processing, analytics, website management, website hosting and promotions. We provide these service providers with only the information that they need to perform their services, and we have written agreements that prohibit them from using this information in any other way or sharing or reselling the information.

Legal process and other special circumstances. We may disclose your information, including personal information, in response to a request from law enforcement, a subpoena, or a court order, or when we may otherwise be required by law. We may also disclose or use your personal information in special cases when we have a good faith belief that disclosing or using this information may be necessary to (1) identify, contact, or bring legal action against someone who may be violating our Terms of Service; or (2) protect our rights or property, including protecting against the misuse or unauthorized use of the Website; or (3) protect the personal safety or property of other users of the Website or the public.

California Privacy Rights

California’s “Shine The Light” law (California Civil Code Section 1798.83) permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information, if any, for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. California residents may also request that certain information be deleted, but exceptions apply. California law also provides that you are not to be discriminated against if you exercise these rights. If you are a California resident and would like to request this information or opt-out of the sharing of your personal information with third parties for marketing purposes, please submit your request in writing to Patrick Moss at pmoss@marshallandmoss.com.

COOKIE POLICY

Do we use 'cookies'? Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process information in your account. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We use technical cookies, tracking cookies and third-party cookies.

We use cookies to:

• Understand and save user's preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

Your consent for using cookies. By accessing our site, you consent to our use of cookies. If you are in the EU, you will receive a popup notice on the website. We also use cookies for which we do not require your consent as they are cookies necessary to render you our services. Without them the services that you have asked for cannot be provided.

If you disable cookies in your browser. If you disable cookies, some features will be disabled such as ecommerce functionality and other site functionality. This will turn off some of the features that make your site experience more efficient and some of our services will not function properly.

What about your privacy? The cookies used by us do not allow a person to be identified individually. Cookies do not contain any personal information so it cannot link you as a person to any name or surname. Only the IT system on which the cookie is stored can be identified via its IP address.

Do not track. At present, there is no standard or agreement on how to respond to “do-not-track” signals that may be sent by web browsers. Accordingly, we currently do not take any action in response to these signals. We may reassess how to respond to these signals when a final standard is established and accepted. In the meantime, you can opt out of many advertisers’ uses of cookies to tailor advertising to you by visiting http://www.aboutads.info/choices/.

PROTECTING CHILDREN’S PRIVACY

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. Only persons 18 and older may provide personally identifiable information to us. Persons 18 and younger may visit the website but may not register or otherwise provide any personally identifiable information.

If you are based in the European Union, the above provisions relating to children’s privacy generally apply to children under the age of 16, but this may vary across different member states.

UNSUBSCRIBE

If at any time you would like to unsubscribe from receiving future marketing emails, you do so by clicking the link on the bottom of each email and we will promptly remove you from ALL marketing correspondence.

GDPR

General Data Protection Regulation refers to the specific rights of people in the European Economic Area with respect to how we collect and process personal data.

In accordance with the General Data Protection Regulation you have the:

• Right to access information - You have the right to ask us for an overview of your personal data that we process.
• Right to data portability - You have the right to ask us to transfer your personal data directly to you or to another entity. This applies to personal data we process by automated means and with your consent or on the basis of a contract with you. We will transfer your personal data where it is technically feasible.
• Right to erasure - You may ask us to erase your personal data if we no longer need it for its original purpose, you object to us processing your data for our own legitimate interests or for personalized commercial messages, you withdraw your consent for processing your data, we unlawfully process your personal data, or a law of the European Union or a member state of the European Union requires us to erase your personal data.
• Right to object to processing - You can object to us using your personal data for its own legitimate interests. We will consider your objection and whether processing your information has any undue impact on you that requires us to stop doing so. You can also object to receiving personalized commercial messages from us. When you become an Marshall and Moss client we may ask you whether you want to receive personalized offers. Should you later change your mind, you can choose to opt out of receiving these messages by using the “unsubscribe” link located at the bottom of each marketing email. You cannot object to us processing your personal data if we are legally required to do so, for example, if we are obliged to fulfill a contract with you such as shipping an order.
• Right to object to automated decisions - We sometimes use IT systems to make automated decisions based on your personal information if this is necessary to fulfil a contract with you or if you gave us consent to do so. You have the right to object to such automated decisions and ask for an actual person to make the decision instead.
• Right to rectification - If your personal data is incorrect, you have the right ask us to rectify it. If we shared data about you with a third party, it is our obligation to notify this change to the third party.
• Right to restrict processing - You have the right to ask us to restrict using your personal data if in your opinion the information is inaccurate, we are processing the data unlawfully, you have objected to us processing your data for our own legitimate interests.
• Right to complain - Should you not be satisfied with the way we have responded to your concerns you have the right to submit a complaint to us. If you are still unhappy with our reaction to your complaint, you can also contact the data protection authority in your country.

Your data controller is Marshall and Moss Group.

CHANGES AND UPDATES

We reserve the right to change this Privacy Policy at any time in our sole discretion. All changes are effective immediately when we post them. If we make a significant or material change in the way we use your PII, the change will be posted on this page thirty (30) days prior to taking effect. We may also post a notice on our website. If you access or use the Website after the effective date of the change, you agree to be bound by the updated Privacy Policy.

CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Marshall and Moss Inc.
1400 Old Country Road, Suite 406
Westbury, NY 11590
United States
Phone: 516-333-9010 | Fax: 516-333-9039

Email: pmoss@marshallandmoss.com or use the contact us at the link here.

Original Policy Date: January 1, 2022