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Privacy Policy

​(Last Updated and Effective as of: January 2024)

Underscore Marketing and its affiliates (collectively, “Underscore,” “we,” or “us”) want you to be familiar with how we collect, use and disclose personal information when you visit our website https://underscoremarketing.com/, or enter a contractual agreement with us for one of our Services.

We know that providing personal information is an act of trust and we take that seriously. This Privacy Notice should help you work out what we collect your data for and how we protect it for you. If you have any questions or would like to make any requests about your personal information such as opting out of marketing, please email  privacy@underscoremarketing.com.

It’s important that you read this Privacy Notice together with any other Privacy Notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

It should also be read in conjunction with any terms and conditions  as may be applicable to you and will form part of these.

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We don’t control these third-party websites and are not responsible for their privacy notices. When you leave our website, we encourage you to read the Privacy Notice of every website you visit.

CONTACT US

Underscore Marketing, LLC

90 Broad St 2nd floor, New York, NY 10004

United States

Website: https://underscoremarketing.com

Email: privacy@underscoremarketing.com.

1)HOW WE USE PERSONAL INFORMATION

Information that you provide to us:  
Categories of personal information we collect Purposes of use (“Processing Purposes” described in more detail below) Source of Information Legal basis
Contact and account information

Provide you with our Services

Personalize your experience

Send you relevant marketing and advertising

Safety and security

Market and advertise for third parties

Build and manage business-to-business relationships

You

Your company

Clients

Third party vendors

Media partners

Webforms

Newsletters

Performance of contract

 

Legitimate interests

 

Legal obligation

Research and feedback

Provide you with our Services

Personalize your experience

 

You

Clients

Third party vendors

Media partners

Publicly available sources

Legitimate interests

 

 

Information that we collect for business-to-business relationships only  
Categories of personal information we collect Purposes of use (“Processing Purposes” described in more detail below) Source of Information Legal basis
Business contact information Build and manage business-to-business relationships

You

Your company

Clients

Third party vendors

Media partners

 

Performance of contract

 

Legitimate interests

 

Legal obligation

Transactional information (as permitted by law) Build and manage business-to-business relationships

You

Clients

Third party vendors

Publicly available sources

Performance of contract

 

Legitimate interests

 

Due diligence information (as permitted by law)

Compliance and risk management activities for business-to-business relationships

Build and manage business-to-business relationships

You or your company’s responses to our due diligence questions

Third party vendor risk compliance screening and data validation tools and databases,

Performance of contract

 

Legitimate interests

 

Legal obligation

 

Information we collect automatically from you and /or your device  
Categories of personal information we collect Purposes of use (“Processing Purposes” described in more detail below) Source of Information Legal basis
Device information and identifiers

Provide you with our Services

Personalize your experience

Send you relevant marketing and advertising

Safety and security

Market and advertise for third parties

Build and manage business-to-business relationships

You

Your company

Vendors

Business data resellers

Legitimate interests

 

Legal obligation

Connection and Usage (including information collected through cookie)

Provide you with our Services

Personalize your experience

Send you relevant marketing and advertising

Safety and security

Market and advertise for third parties

Build and manage business-to-business relationships

You

Publicly available sources

Legitimate interests

 

Performance of contract

 

 

Geolocation

*Please note: this information is considered “sensitive” under certain laws, and we process this information in accordance with applicable legal requirements.

Provide you with our Services

Personalize your experience

Send you relevant marketing and advertising

Safety and security

Market and advertise for third parties

Build and manage business-to-business relationships

You or your company’s responses to our due diligence questions

Third party risk, compliance screening and data validation tools and databases,

Legitimate interests

 

 

 

Information that we collect from third parties:  
Categories of personal information we collect Purposes of use (“Processing Purposes” described in more detail below) Source of Information Legal Basis
Information from public and commercial sources Build and manage business-to-business relationships

Advertising providers

Analytics providers

Marketers

Partners

Third party vendors

Public records databases

Related Companies

Content partners

Legitimate interests

 

Third Party Partners in Connection with providing our Services

For example: contact information such as authentication information, account legitimacy, search requests, log events and device identifiers such as IP addresses, device IDs or other unique identifiers.

Provide our Services

Personalize your experience

Provide seamless experience across platforms and devices

Safety and security

Send you relevant marketing and advertising

Market and advertise for third parties

Advertising providers

Analytics providers

Marketers

Partners

Third party vendors

Public records databases

Related Companies

Content partners

Performance of contract

 

Legitimate interests

 

Legal obligation

Due diligence information (as permitted by law)

To conduct due diligence checks on potential and existing customers, selling partners and suppliers and background and suitability checks on individuals.

Compliance and risk management activities for business-to-business relationships

Build and manage business-to-business relationships

You or your company’s responses to our due diligence questions

Third party risk, compliance screening and data validation tools and databases,

Legal obligation

 

Performance of contract

 

Legitimate interests

 

 

 

Sensitive Data

Unless we request it, we ask that you do not provide or disclose any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership).

3) HOW WE SHARE YOUR PERSONAL INFORMATION

We may disclose your personal information to third parties where necessary for the following reasons:

  • To third parties where necessary to manage and operate our business, including management of contracts and providing the functionality of our Services.
  • To service providers, website hosting service providers, information technology and related infrastructure service providers, analytics providers, email delivery service providers.
  • For legal and compliance reasons, including responding to requests and legal demands from regulators or other authorities, pursuing legal rights and remedies and defending claims.
  • For fraud prevention and security, including ensuring the security and safety of our premises.
  • To comply with applicable law and regulations
  • We have a legitimate interest in disclosing or transferring your personal information to a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your personal information in accordance with applicable law and the ‘Updates to This Privacy Notice’ section.

4) HOW LONG WE KEEP YOUR DATA

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law, for example, for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

The criteria used to determine our retention periods are set out in our retention policy and will vary depending on such factors as (i) the length of time we have an ongoing relationship with you and provide goods or services to you (for example, for as long as you have an account with us); (ii) whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of transactions for a certain period of time before we can delete them); or (iii) whether retention is advisable in light of our legal position (such as in regard to enforcement of our contractual terms, applicable statutes of limitations, litigation or regulatory investigations).

 

 

Retention Periods Based on Legal Obligations

Where a legal obligation arises or retention is advisable in light of our legal position, in some circumstances, we will retain certain personal information, even after your account has been deleted and/or we no longer provide goods or services to you. Some examples are described below.

To cooperate with law enforcement or public, regulatory and government authorities: If we receive a preservation order or search warrant, related to your account, we will preserve personal information subject to such order or warrant after you delete your account.

To comply with legal provisions on tax and accounting: We may retain your personal information, such as financial and relationship history after you delete your account, as required by local tax law and to comply with bookkeeping requirements.

To pursue or defend a legal action: We may retain relevant personal information in the event of a legal claim or complaint, including regulatory investigations or legal proceedings about a claim related to your personal information, or if we reasonably believe there is a prospect of litigation (whether in respect of our relationship with you or otherwise) for the amount of time appropriate to local limitation periods after the dispute has been settled or decided by a court or tribunal from which there is no further right of appeal.

Anonymization Of Data

In some circumstances we will anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. By way of example, anonymization techniques may include removing direct identifiers from a dataset or replacing point coordinates in geo-referenced data with non-disclosing features or variables, or other recognized techniques appropriate to the data in question.

5) HOW WE KEEP YOUR DATA SECURE

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

6) THIRD-PARTY SERVICES

This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third-party operating any website or service to which our products or services link.  The inclusion of a link via any of our services does not imply endorsement of the linked site or service by us or by our affiliates.

7) CHILDREN

Our Services are intended for users over the age of 18. We do not knowingly collect personal information from children for the purposes outlined in this Privacy Notice.

8) INTERNATIONAL TRANSFERS

Underscore Marketing has its headquarters in the United States. We may transfer your information to service providers, and other third parties located outside of your country of residence, including in the United States. Where we do so, this is necessary to provide our Services and for the purposes outlined in this Privacy Notice.  Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. We take steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your information, in accordance with applicable law. These measures include data transfer agreements. By providing us with your information, you acknowledge any such transfer, storage or use.

9) YOUR RIGHTS

You may be able to exercise certain privacy rights. The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on whether you are located In, for example, the European Union, the United Kingdom, or California). Specifically, you may have the following rights:

  • The right to confirmation on the existence of processing and to access the data: You may have the right to obtain from us confirmation as to whether personal information processed, and, where that is the case, to request access to the personal information. Depending on where you are located, you may also have the right to information about public and private entities with which the controller has disclosed personal information.
  • The right to correct incomplete, inaccurate, or out-of-date data: You may have the right to request that we correct any personal information about you that is inaccurate.  Depending on the purpose of the processing, you also have the right to request that we complete the personal information we hold about you where you believe it is incomplete, including by means of providing a supplementary statement.
  • The right to the portability of data: You may have the right to request that we transfer the personal information we have collected about you to another organization, or directly to you, in a structured, commonly used, and machine-readable format, under certain conditions.
  • The right to request anonymization, blocking, or deletion of personal information: You have the right to request the deletion of your personal information we have collected from you, subject to certain conditions and limitations under the law.
  • The right to revoke consent: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time with future effect. Depending on where you are located, you may also have the right to request deletion of personal information that was processed based on your consent, or the right to know the consequences of revoking your consent. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
  • The right to object to processing: You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information.  Such right to object may especially apply if we collect and process your personal information through automated decision making, such as profiling, to better understand your interests in our products and services or for direct marketing.  If you have a right to object and you exercise this right, your personal information will no longer be processed by us for such purposes.  Such a right to object may, in particular, not exist if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
  • The right to opt-out of the sale or sharing of personal information: We do not sell your personal information in exchange for monetary consideration. In the event that we disclose your personal information to third parties for their marketing purposes, you may have the right to opt out of that disclosure. You may also have the right to request further information about the disclosure of your personal information for those third parties’ marketing purposes, such as the contact information of those parties, once per calendar year.
  • The right to limit the use and disclosure of sensitive personal information: We will only use sensitive or special personal information as needed for the purposes for which it was collected or with your consent. We do not currently process sensitive personal information for purposes that may be limited under applicable law. If this changes, we will notify you, and you may have the right to restrict such additional uses.
  • The right to non-discrimination for exercising a privacy right: We will not discriminate against you for exercising any rights.

Exercising Your Rights

To exercise any of your rights as set out above, please contact us by submitting a request at form below or by contacting us at privacy@underscoremarketing.com. California, Colorado, Connecticut, Utah, and Virginia residents with rights under local law may use the form below or contact us at privacy@underscoremarketing.com and in California, Colorado, and Connecticut their authorized agents may use form below or email us at privacy@underscoremarketing.com for access, correction or deletion requests. Your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will respond to your verifiable request within any prescribed timelines. In some regions, there may be limitations on how often a request relating to personal information may be submitted.

Appointing An Authorized Agent

You can designate an authorized agent to submit a request on your behalf. To do so, you will need to provide a written authorization or power of attorney signed by you for the agent to act on your behalf. You will still need to verify your identity with us.

THIRD PARTIES LIST – “SHINE THE LIGHT” (California Residents only)

Where applicable, California residents can also request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. California residents may contact us at privacy@underscoremarketing.com.In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including, street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, post or facsimile, and we are not responsible for notices that are not labelled or sent properly, or that do not have complete information.

NEVADA RESIDENTS

We don’t engage in the following activity; however, Nevada law requires us to post the following: certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

If you are a Nevada resident who has purchased goods or services from Underscore Marketing, you may submit a request to opt out of any potential future sales under Nevada law by privacy@underscoremarketing.com. We will comply with your request in the event our practices change.

10) UPDATES TO THIS NOTICE

The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised.  Any changes will become effective when we post the revised Privacy Notice.

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