Effective Date: September 10, 2018
This Website Privacy Statement (“Privacy Statement”) tells our website visitors about: a) the data the Marlin Trust Management Organization LLC (MTMO) collects through the website at www.marlin-trust.com (the “Site”) and certain services (“Services”) available on our Site; and b) how we use and share that data. The data controller for the purposes of this Privacy Statement is MTMO, 3855 SW 153rd Drive, Beaverton, Oregon 97003, United States of America.
By accessing our Site or using our Services, you are consenting to the information collection and use practices described in this Privacy Statement, as modified from time to time by us. If we decide to change our Privacy Statement, we will post on our Site a link to the new statement and change the date at the top of the statement. Therefore, we encourage you to check the date of our Privacy Statement whenever you visit the Site for any updates or changes. If you continue to use the Site and our Services after we have posted the changes, you are agreeing to and accepting such changes.
What Personal Data do we collect on the Site and why?
In general, when you visit our Site and access information you remain anonymous. However, our Site requires registration to access certain areas and use certain Services. We collect different types of information based on the areas of our Site that you view or based on information that you want to download or copy. Information that we collect includes personal data, which generally is data that can be identified to you individually, such as when the data collected includes personal identifiers such as your name, address, telephone, fax, or email address (“Personal Data”). We do not sell this data.
Inquiries/Requests for Information
We collect Personal Data when you request certain information or send an inquiry to us. If you request a copy of the Marlin Client, Service Provider, or MS3 Service Provider Agreements, you must complete a form indicating which agreement, and, if required, any other supporting documentation you want and also supply your name, email, and, optionally, company name, title, phone, and comments. In general, we may use this information to respond to your inquiry or request.
We collect Personal Data when you opt-in to receiving email communications with the latest MTMO updates, including the availability of any tools or documents or latest information on the Marlin Developer Community (MDC), including the availability of code, new releases of the training courses, and special offers. We collect your name and email address in order to process such requests and email you such information. You can opt-out of receiving such communications at any time by clicking the unsubscribe button on the email and following directions or by emailing us directly at [email protected].
Other Data (IP Addresses)
We may automatically collect the following data about your use of our Site through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your device ID; the length of time you visit our Site; and the referring URL, or the webpage that led you to our Site. Marlin uses this information to help improve the operation of the Site and to help adjust the content of the Site to the general geographic location of the visitor and for reporting purposes.
Currently, our systems do not recognize browser “do-not-track” requests. You may disable certain tracking mechanisms as discussed (e.g., by disabling cookies through your browser setting), but such disabling may impair use of the Site.
Information Sharing or Disclosure Practices
The Personal Data you provide to the Site may be shared with third parties as follows:
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as operating our Site, helping us process transactions, and assisting with our sales and marketing efforts.
• Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you to law enforcement and other government entities where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our agreements or this Privacy Statement, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.
As a matter of policy, Marlin does not provide any of your Personal Data to third parties for their marketing purposes without your explicit consent.
Links to Other Sites
The Site may contain links to third party websites such as the websites of Marlin partner companies. Marlin takes no responsibility for the content or the information policies of such sites. Our Privacy Statement does not apply to other web sites, and you should check the policies of any linked site before offering information to the sponsor of the site. Marlin is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Marlin of those sites.
Marlin uses commercially reasonable efforts to store and maintain Personal Data you submit on the Site to protect it from loss, misuse, alteration or destruction by unauthorized parties. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
European Economic Area Data Subjects
For persons (Data Subjects) resident in the European Economic Area (EEA), we will process Personal Data in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR). If you are resident in the EEA, you are entitled to the following rights with regard to your Personal Data:
• Right of access to your Personal Data, to know what information about you we hold
• Right to correct any incorrect or incomplete Personal Data about yourself that we hold
• Right to restrict/suspend our processing of your Personal Data
Additional rights that may apply to you in certain instances:
• Right of data portability
• Right to withdraw consent at any time (if processing is based on consent)
• Right to object to processing (if processing is based on legitimate interests)
• Right to object to processing of Personal Data for direct marketing purposes
• Right of erasure of your Personal Data from our system (“right to be forgotten”) if certain grounds are met
To exercise your privacy rights, you can email us at the address given below in the “Comments and Questions” section of this Privacy Statement.
If you believe our processing of your Personal Data violates data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EEA member state of your habitual residence, your place of work or the place of the alleged violation.
For EEA Data Subjects, we rely on the following legal bases to process your Personal Data:
1. Performance of a contract: The use of your Personal Data may be necessary to perform the contract that you have with us or to provide the Services.
2. Legitimate interests: We may use your information for our legitimate interests, such as to provide you with the best suitable content of the Site, emails and newsletters, to improve and promote our products and services and the content on our Site, and for administrative, fraud detection and legal purposes.
3. Consent: We may rely on your consent to use your Personal Data for certain purposes, including direct marketing purposes (such as email marketing). You may withdraw your consent at any time by contacting us at the addresses at the end of this Privacy Statement. Withdrawal will not affect the lawfulness of processing before the withdrawal.
We generally keep Personal Data only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances, we may retain Personal Data for other periods of time, for instance where we are required to do so by legal, tax, or accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
Location of Personal Data/Transfers to the United States
We will transfer, store, and process Personal Data, as described in this Privacy Statement, in the United States, which may not provide the same level of protection for your Personal Data as your home country. In addition, we may further transfer your information outside the United States for the purposes described in this Privacy Statement. By submitting any Personal Data or by using the Site, and without limitation to any other rights or obligations we have, you consent to such transfer to, and processing in, the United States and these other countries, and acknowledge that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions.
Comments and Questions
If you have questions or comments about this Privacy Statement, please send an email to [email protected] or in writing to: Marlin Trust Management Organization LLC, Attn: Legal Department, 3855 SW 153rd Drive, Beaverton, OR 97003, USA.