Last Updated: July 25, 2024

The Privacy Policy describes how Mars United Commerce, and other entities, including, Mars Advertising Europe Ltd, Mars-Philter, Inc., XPO Brands Pty Ltd, and The In Group Limited. (collectively, “Mars,” “our,” “we,” and “us”) processes personal information about you.  This Privacy Policy applies to information collected both online and offline, including when you access our website (collectively, the “Site”), or when you otherwise interact with us (together with the Site, the “Services”).

 

If you have any questions, please contact us as provided below.  If you have a disability and need to receive this Privacy Policy in a different format, please contact us at: Mars United Commerce, 25200 Telegraph Road, Southfield, MI 48033.

 

This Privacy Policy does not apply to personal information that we collect in connection with your work for us as an employee or independent contractor. That information is governed by our workforce Privacy Policy.

 

Please read this Privacy Policy carefully to understand our policies and practices.  By using the Site and Services or providing your personal information to us, you consent to the use of your information in accordance with this Privacy Policy.  If you do not agree with any term in this Privacy Policy, you should not access and use the Site or Services and please do not otherwise provide us with any personal information.

 

Contents

Categories of Personal Information We Collect

Sources Of Personal Information

Purposes for Collecting Personal Information

How We Disclose Personal Information

We Combine Information

Sensitive Personal Information

How Long Do We Keep Personal Information

Cookies, Analytics, and Other Tracking Technology

Links to Other Websites

Security

The Services are Not Intended for Children

Marketing Communications

Processing in the United States

United States Privacy Rights

Canada Privacy Rights

European Economic Area, Switzerland, and the United Kingdom Privacy Rights

Contact Us

Updates to Our Privacy Policy

 

Categories of Personal Information We Collect

 

The type of information that we collect depends on your interaction and relationship with us.  We collect, and in the preceding 12 months have collected and processed, the below categories and types of personal information with your consent or as otherwise required or permitted by law.

• Contact Information. We collect full name, mailing address, email address, telephone number, and business contact information.
• Other Identifiers. We collect identifiers for identity verification purposes (that you may directly provide, if necessary), mobile carrier and device IDs.
• Other Demographic Information. We may collect your date of birth and  business title.
• Internet or Electronic Usage Data. We collect data related to network and website interaction history, IP address, website cookie information, interaction with advertisements and browsing time.
• Inferences: We use information from the categories of personal information described above in order to create inferences about you, to reflect your preferences, characters, behavior and attitude.

Sources Of Personal Information

 

We collect, and in the preceding 12 months have collected, personal information in the following ways:

• Directly from you. We collect contact information, identifiers, sensitive information, demographic information, biometric information, commercial information, audio/visual data, that you provide directly to us, or our Service providers who collect such information on our behalf.
• From third parties. We may collect contact information, identifiers, demographic information and commercial information from third party data vendors to enhance the information that Mars has about you.
• Automatically. When you access our Sites, we (or our Service Providers) collect identifiers, geolocation data, and internet or electronic usage data using tools like browser cookies.

Purposes for Collecting Personal Information

 

We use personal information for the following business and commercial purposes:

• Providing our Services. We use contact information, identifiers, and commercial information to provide the Services you requested.
• Transactional Purposes. We use contact information, identifiers, demographic information, and commercial information to: (i) communicate with you; (ii) provide you with customer assistance; (iii) administer contracts with our vendors and service providers; and (iv) provide supporting business activities.
• Business Operations. We use contact information, identifiers, commercial information and inferences for our day-to-day business operations, including maintaining records, planning, budgeting, calibration, headcount, database administration, surveys, evaluations, reports, compliance, regulatory, audit, investigative and disciplinary purposes and other ethics and compliance reporting tools, and to support our business operations.
• Analytical Purposes. We use identifiers, internet or electronic usage data, geolocation data, commercial information, and inferences to analyze preferences, trends and statistics.
• Marketing and Promotional Purposes. We use contact information, identifiers, internet or electronic usage data, demographic information and inferences to improve our marketing efforts, conduct market research, prospect for new customers, engage in customer relationship management, to conduct sweepstakes and promotions for our customers if end users actively choose to participate, and to provide you with information about us, including personalized marketing communications.
• Maintenance and Improvement of our Sites and Systems. We use identifiers, internet or electronic usage data to improve our Sites and systems, provide and maintain functionality on our Sites and systems, and help us diagnose technical and service problems and administer our Sites and systems.
• Develop and Improve Our Products and Services. We use contact information, identifiers, commercial information, data, internet or electronic usage data and inferences to help us develop new products and services and to improve and analyze our existing products and service offerings.
• Security and Fraud Prevention. We use contact information, identifiers, commercial information, internet or electronic usage data, and inferences to: (i) protect us, our employees, and our Sites, premises, assets, systems, products, services and intellectual property, including from fraud, theft, and misconduct; (ii) enforce our policies and terms; (iii) conduct vendor due diligence; and (iv) detect and prevent fraud, theft and misconduct including by verifying the identity of those we are conducting business with.
• Legal: We use contact information, identifiers, commercial information, internet or electronic usage data, and inferences to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings.
• Other Purposes: We may use contact information, identifiers, commercial information, demographic information, internet or electronic usage data, and inferences for other reasons we may describe to you.

How We Disclose Personal Information

We disclose personal information in the following circumstances:

• Service Providers. We may share personal information with vendors and service providers who support the operation of our Services, Sites, and our business and who need access to such information to carry out their work for us (including, for example, , email delivery, marketing, insurance, application processing and customer support services).  We also provide this information where necessary to our professional service providers such as lawyers, bankers, tax consultants, auditors, and insurers. In some cases, the vendor or service provider may directly collect the information from you on our behalf.  In the past 12 months, we have disclosed contact information, identifiers, demographic information, commercial information, internet or electronic usage data, and inferences to our service providers.
• Affiliates. We may share personal information with and among our parent company, subsidiaries, affiliates, or their successors or assigns.  In the past 12 months, we have disclosed contact information, identifiers, commercial information, internet or electronic usage data, and inferences to our affiliates.
• Analytics. We may share personal information with third party analytics partners, who provide analytics or marketing and advertising services to us.  In the past 12 months, we have disclosed identifiers, commercial information, internet or electronic usage data, and inferences to our service providers.
• Government Entities. We share information with regulatory and government entities including government, administrative, law enforcement and regulatory agencies, tax authorities, and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation. This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.  In the past 12 months, we have not disclosed personal information to government entities.
• Corporate Transactions. We may share information with potential investors, purchasers, merger partners, and their advisors in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations; or (iii) are soliciting or accepting investments.  We have not disclosed any personal information to corporate transaction recipients in the last 12 months.
• Other Reasons. We may disclose personal information for other reasons we may describe to you, including if you consent to the disclosure or direct us to disclose your information.

We Combine Information

We combine information we obtain from different sources with publicly available information, including to create inferences and profiles about you.  For example, we may combine information that we have collected offline with information we collect online.  We combine information that we have collected across other third party sites.  We may also combine information we get from a third party with information we already have.

Sensitive Personal Information

Unless specifically requested, we ask that you not send us, and you not disclose to us, through the Sites or otherwise, any Sensitive Personal Information (e.g., social security number, taxpayer identification number, passport number, driver’s license number, or other government-issued identification number; credit or debit card details or financial account number, with or without any code or password that would permit access to the account, credit history; or information on race, religion, ethnicity, sex life or practices or sexual orientation, medical or health information, genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, background check information, judicial data such as criminal records, or information on other judicial or administrative proceedings).

How Long Do We Keep Personal Information

We will retain and use your information for as long as we need it to provide you Services or products, or as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  Where we process personal information for marketing purposes, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests).  We also keep a record of the fact that you have asked us not to send you direct marketing so that we can respect your request in the future.  We use the following criteria to determine retention periods:

• how long the information is needed to provide our Services and operate our business;
• whether information is needed to protect our business and mitigate risk;
• whether there are contractual or legal obligations that exist that require us to retain the information for a period of time;
• whether any law, statute, or regulation allows for a specific retention period;
• whether an individual has agreed to a longer retention period;
• whether the data is considered to be sensitive data; and
• what the expectation for retention was at the time the data was provided to us.

Cookies, Analytics, and Other Tracking Technology

Cookies and Tracking Technology

We want you to be aware that certain online tools exist to help us serve and recognize you when you visit our Site. We receive and store certain types of information when you visit our Site. When you access the Site, we (including companies we work with) may place small data files on your computer or other device. These data files may be web beacons, cookies, clear gifs, pixel tags, e-tags, log files, or other local storage provided by your browser or associated applications.  These tracking technologies, which are often referred to collectively as cookies, allow us to understand how users navigate to and around our Site, view different pages, access content and request Services. We may use them, for example, to keep track of your preferences and profile information and collect general usage and volume statistical information. If you want to remove or block cookies, you may be able to update your browser settings.  You can find instructions on how to manage cookies on different types of web browsers at www.allaboutcookies.org.

Google Analytics

We use analytics services provided by Google Analytics. If you would like more information on how Google uses data when you visit or use our Site, please visit www.google.com/policies/privacy/partners. If you would like to opt-out, Google provides a an opt-out tool which is available at https://tools.google.com/dlpage/gaoptout.

Links to Other Websites

 

Our Site may include links to other websites or applications whose privacy practices may differ from ours.  If you submit personal information to any of those websites or applications, your information is governed by their privacy policies.  We encourage you to carefully read the privacy policy of any website you visit or application that you use.

Security

We follow generally accepted industry standards to protect the personal information submitted to us and have implemented reasonable technical, organization, administrative and physical measures to protect personal information.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, we cannot guarantee its absolute security and encourage you to use websites and share information with caution.

The Services Not Intended for Children

Our Services are not directed to children.  We do not collect and disclose personal information about individuals under the age of 18.

Marketing Communications

Marketing Emails.  You can opt out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in communications you receive from us.  You may also request to opt out of marketing or advertising emails by contacting us at [email protected].  Once we process your request, we will cease using the information for such purposes at no charge to you.  If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.

Processing in the United States

 

If you are accessing our Site or Services from outside the United States, please be aware that information we obtain about you will be processed in the United States by Mars or our service providers or affiliates.  By using the Site or our Services, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own as described in this Privacy Policy.  Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other jurisdictions may be different from the laws in your country of residence.  The United States may not afford the same level of protection as laws in your own country.

United States Privacy Rights

If you are a resident of California, Colorado, Connecticut, Oregon, Texas, Utah, Virginia, or jurisdictions with similar laws, you may have certain additional privacy rights under the applicable privacy laws in your state (“State Privacy Laws”). This section generally describes those rights and how you can exercise them.

These rights are not absolute. In some situations we may not be able to process your request. This may include if a legal exception applies. We’ll let you know when or if a right doesn’t apply to you. You will not be discriminated against for exercising a privacy right. Those rights are:

1. Access: to learn the categories of information we collect and use, and for those in California, the categories of sources of collection and disclosure and the business purpose for collection. If you are an Oregon resident, you can also request a list of specific third parties, as defined under Oregon law, to which we have disclosed personal information;
2. Portability: a copy of (Virginia) or specific pieces of (California) Personal Information collected;
3. Deletion: to have us delete information we collected from you; and
4. Correction: asking us to fix your information.

We will also maintain a record of your rights requests.

Please note that if we delete your Personal Information, some of our services will not work the same. For example, your previous opt out requests will not be saved and saved preferences and information will no longer be available.

Exercising your Rights:

To exercise your rights, submit a verifiable consumer request to us by either:

• Sending us a request here.
• Emailing us at [email protected].

Your verifiable consumer request must:

• Provide sufficient identifying information (including name, email address, title and company) to allow us to reasonably verify you are the person about whom we collected and retained Personal Information, and/or your authority to make such request on behalf of the data subject, and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Note that we will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request or to review and comply with the request.

You may authorize someone to act as your agent and submit a request on your behalf. Due to the sensitivity of such requests, you must verify the agent’s authorization before we will act. Accordingly:

• You or your agent must supply proof that the agent is registered with the Secretary of State to act on your behalf; or
• You or your agent must supply other written permission for a specific agent to act on your behalf; and
• We will use your email address to connect directly with you to verify agent identity and authority.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm with a level of confidence appropriate to the sensitivity of the information that the Personal Information we have collected and retained in our systems and databases relates to you.

Making a verifiable consumer request does not require you to create an account with us, but if you have an account with us, we may require you to log-in to such account in order to verify your identity or authority or to provide or delete your information.

Right to Opt-out of the Sale of Personal Information

Residents of certain jurisdictions (e.g., California, Colorado, Connecticut, Oregon, Texas, Utah, Virginia) have the right to opt out of the “sale” of their personal data, as such terms are defined under State Privacy Laws.

The term “sell” has a different meaning under certain State Privacy Laws. For example, under the laws of California, Connecticut, Oregon, Texas, Utah and Colorado, “sell” means exchanging your personal information by us with a third party for money or anything else of value, while under Virginia law, “sell” is the exchange of personal information for money only.

Please note that, otherwise, Mars does not presently exchange personal information for money with anyone. Also, Mars does not currently disclose Personal Information to third parties for their direct marketing purposes.

Currently, we use certain analytics services to understand how users use our Services. This can constitute a “sale” of personal data under State Privacy Laws due to the information that we receive from digital ad partners for participation in their digital ad network. Thus, the categories of third parties to whom information may be disclosed in this context is our third party partners (e.g., data analytics providers). Accordingly, we may “sell” the following categories of Personal Information:

• Online Identifiers;
• Internet/electronic activity;
• Commercial information.

To opt-out of cookie and tracking technology-based sales, you will need to visit Google’s opt-out tool at https://tools.google.com/dlpage/gaoptout.

Please note that your opt-out preferences are website/device specific. If you clear your cookie

Right to Limit Disclosure of Sensitive Personal Information

Residents of some jurisdictions (e.g., California) have a right to limit the processing of their Sensitive Personal Information (as defined by the applicable State Privacy law). We do not collect or process Sensitive Personal Information for inferring characteristics or use or disclose Sensitive Personal Information for purposes other than those permitted by law.

Right to Appeal

Residents of some jurisdictions (e.g., Virginia, Colorado) have a right to appeal our decision on a privacy rights request. If we were unable to fulfill your request, you may appeal our request by submitting contacting us at [email protected] within fourteen days of our decision, and provide a detailed reason for your appeal, as well as your state of residence.

Notice to Nevada Residents/Your Nevada Privacy Rights

If you are a Nevada resident, you may request that we stop selling certain categories of personal information that we collect. We do not currently sell your personally identifiable information as those terms are defined under Nevada law. However, if you wish to submit a request to opt-out of the sale of such information if we were to engage in such a sale in the future, you may submit your request by contacting us at [email protected].  For all requests, you must provide us with your name, email address, phone number, and mailing address so that we can verify your identity by matching the information we have collected against the information you have provided. Failure to provide all of the foregoing information may prevent us from processing your request.

Canada Rights

If you are a resident of Canada, you may have certain privacy rights under Canadian privacy law.

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you would like to have access to the personal information we have about you, or if you would like to have it corrected, please contact us using the contact information provided below. Please note that in some cases, we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons.

To help protect against fraudulent requests for access to your personal information, we may ask you for information to allow us to confirm that the person making the request is you or is authorized to access your information before granting access. For example, we may require you to verify your identity before you access your personal information.

Subject to limitations under the law, you may also withdraw your consent to our processing of your personal information. Please note that this does not affect the lawfulness of processing based on consent before it is withdrawal. Please note that if you seek to withdraw consent to processing of personal data that is necessary for us to provide you with goods or services, we may no longer be able to provide such goods or services to you.

European Economic Area, Switzerland, and the United Kingdom Privacy Rights

This section applies to residents of the European Economic Area (EEA), the United Kingdom or Switzerland.

Controller. The controller of your personal information is:

Mars Advertising Europe Limited d/b/a Mars United Commerce

Whitecollar Factory, 1 Old Street Yard, London, United Kingdom EC1Y8AF

Disclosure and Cross-Border Transfer.  Personal information that is shared with affiliates and third parties as described in this Privacy Policy is done pursuant to contracts that include the requisite protections under applicable data protection laws.  In accordance with these laws, transfers of personal information outside of the European Economic Area, Switzerland, and the United Kingdom are conducted in accordance with compliant arrangements such as data transfer agreements that contain standard contractual clauses adopted by the European Commission, Information Commissioner, and/or Federal Data Protection and Information Commissioner that provide safeguards for such transfers or legally recognized certifications and adequacy decisions.  In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

Lawful Basis for Processing Personal Information. The lawful basis for our collection and use of your personal information described in this Privacy Policy is that the processing is (i) necessary for our legitimate interests in carrying out our business, provided those interests are not outweighed by your rights and interests; (ii) necessary to perform a contract with a third-party or with you; (iii) necessary to comply with a legal obligation; or (iv) based, when necessary and appropriate, on your consent.

Special Categories of Data. Unless we specifically authorize you to do so, do not send us any Special Categories of Data, which is defined under applicable data protection laws as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric characteristics, health, or sexual orientation.

Segmentation and Automated Decision Making.  We do not use segmentation or automated decision-making without human intervention, including profiling.

Your Rights Over Your Personal Information. Subject to certain exceptions and limitations, you have the right to:

• Ask us to confirm whether we are processing your personal information.
• Ask us to provide you or a third party that you designate with certain of your personal information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
• Request that we update or correct your personal information when it is inaccurate or incomplete.
• Request that we delete your personal information in certain circumstances.
• Request that we limit processing or stop processing your personal information in certain circumstances including for marketing activities and profiling for marketing activities and profiling for statistical purposes and, subject to certain exceptions, where such processing is based on our legitimate business interests.
• Withdraw or revoke consent previously granted to the extent permitted by law.

 

Exercising Your Rights. To exercise any of your rights, please contact us at [email protected]. We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days. Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity.

You also have the right to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection laws occurs.

For the EEA, a list of the national data protection authorities can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

For the UK, you have the right to lodge a complaint with the Information Commissioner’s Office.  The ICO’s complaint procedures may be found at https://ico.org.uk/make-a-complaint/.

Notice to Australian Residents

If you are an Australian resident, you may have certain privacy rights under the Australian Privacy Act 1988 (Cth). This section describes those rights and how you can exercise them with Mars.

Accessing your Personal Information

You can request a copy of the Personal Information that we hold about you by emailing us at [email protected]. There is no charge to submit a request, however we may apply an administrative charge for providing access but we’ll always check with your first.  If we can’t give you access, or can only give you access to certain information, we’ll tell you why.

Correcting your Personal Information

We do everything we can to make sure the Personal Information we handle is correct, complete and current. But if you do spot an error, you can let us know by contacting us at [email protected]. 

Complaints

If you live in Australia and have any complaints regarding our handling of your Personal Information, our response to your request, or our compliance with the Privacy Act 1988 (Cth), please contact our Privacy Officer at [email protected]. However, if you are dissatisfied with our response, you may raise a complaint with the Office of the Australian Information Commissioner by contacting them at: https://www.oaic.gov.au/about-us/contact-us.

Notice to New Zealand Residents

If you are a New Zealand resident, you have privacy rights under the Privacy Act 2020. This section describes those rights and how you can exercise them with Mars.

Holding, Correcting and Updating your  Personal Information

If you are an individual, you have rights of access to, and correction of, Personal Information that we hold. We offer the ability to correct or change the information collected at any time and as often as necessary. We may charge you a reasonable charge that reflects the costs incurred by us in making your information held by us available to you. If you have any questions about how our services work or this Privacy Policy then please contact us by sending an email to [email protected].

Complaints

If you live in New Zealand and have any complaints regarding our handling of your Personal Information, our response to your request, or our compliance with the Privacy Act 2020, please contact our Privacy Officer at [email protected]. If you are dissatisfied with our response then you may raise a complaint with the Office of the Privacy Commissioner.

Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us at [email protected].

Updates to Our Privacy Policy

From time to time we may change our Privacy Policy.  We will notify you of any material changes to our Privacy Policy as required by law.  We will also post an updated copy on the Site where this appears.  Please check our Site periodically for updates.  The “Last Updated” legend above indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on any of our Sites.