Privacy Notice for European and UK Residents
If you reside in a country in the European Economic Area or Switzerland (a “European Resident”) or the United Kingdom (a “UK Resident”), then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “EU GDPR”), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), as implemented by the UK Data Protection Act of 2018, and as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”), or the equivalent laws of Switzerland (all of the foregoing, collectively, “Data Protection Laws”), and the following additional information is provided for your benefit. For purposes of this Privacy Notice for European and UK Residents, in addition to the meaning set forth in the Privacy Policy, “Personal Information” shall also include “personal data” as that term is defined by the EU GPDR and UK GDPR, as well as “personal data” or similar terminology as defined by other applicable Data Protection Laws.
To the extent that you are an employee of a customer of the Company (a “Customer Employee”), or to the extent that a customer of the Company otherwise provides your Personal Information to the Company (a “Customer-Affiliated Individual”), the Company processes your Personal Information solely as a processor, and our customer is the controller of your information.
With respect to Personal Information we collect from individuals other than from Customer Employees and Customer-Affiliated Individuals, the controller of your Personal Information is:
Marinus Analytics, LLC
PO Box 6127
Pittsburgh, PA 15212-9998
To the extent that the Company is the controller of your Personal Information, you acknowledge that your Personal Information is being processed pursuant to the lawful bases described below, and your Personal Information gathered through the Services may be transferred, used, and stored in the United States or other third party countries which do not have local privacy laws that are equivalent to the Data Protection Laws. The local laws in such countries may be materially different from, and provide for a lesser degree of protection regarding your Personal Information (including, but not limited to, with respect to governmental and law enforcement agencies’ ability to access your Personal Information under certain conditions) than, Data Protection Laws.
1. Personal Information
We collect certain categories of Personal Information, as described in the Section titled “Information We Collect About You” in our Privacy Policy.
2. Your Rights
You may have the following rights under applicable Data Protection Laws, depending on our lawful basis for processing your Personal Information:
You have the right to know why we collect your Personal Information, how and why it is processed by us, and what our legal bases for such processing are.
Right of access: You have the right to access your Personal Information.
Right to rectification and deletion: you have the right to supplement or correct the Personal Information we’ve collected about you, or to direct us to delete your Personal Information.
If you give us your consent to process your Personal Information, you have the right to revoke that consent.
Right to data portability: you have the right to request that we transfer all your Personal Information to another controller in a reasonably understandable format.
Right to object: you may object to our processing of your Personal Information. We will make commercially reasonable efforts to comply with your objection, unless there are legally permissible reasons why we can or must continue to process your Personal Information.
3. Lawful Bases for Processing
Under applicable Data Protection Laws, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, as explained in this Privacy Notice for European Union and UK Residents. You always have the right to request access to, rectification of, and erasure of your data under applicable Data Protection Laws. To exercise your rights, please email us at privacy@marinusanalytics.com.
Special Categories of Personal Information:
We may process special categories of Personal Information of Ad Subjects (as defined below), including biometric data, data concerning a person's sex-life, and data concerning a person's sexual orientation (collectively, “Special Categories of Personal Information”).
We process Special Categories of Personal Information from information we collect from online advertisements or postings on publicly available websites or services to further our efforts and our customers’ efforts to combat human trafficking. Individuals who are the subject of such online advertisements or postings are referred to in this Privacy Notice for European and UK Residents as “Ad Subjects.” We only collect and process Special Categories of Personal Information of Ad Subjects where such processing is necessary:
· for reasons of substantial public interest, on the basis of Union or Member State law which processing shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; and/or
· to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
Furthermore, our processing of Special Categories of Personal Information is necessary in order to protect the vital interests of the data subject or of another natural person (namely, the victims and potential victims of human trafficking). Finally, we process Special Categories of Personal Information in furtherance of our legitimate interests, as further described below.
Pursuant to a contract with you:
We may process data as necessary to perform our contracts with you. We describe the contractual services for which this data processing is necessary in our Privacy Policy. The main uses of your data necessary to provide our contractual services are described in the Use of Your Information section of the Privacy Policy.
We'll use the Personal Information we have to provide the Services and as otherwise described in our Privacy Policy.
When we process data you provide to us as necessary to perform our contracts with you, you have the right to receive a portable copy of it (meaning to receive a copy of your data in a structured, commonly used and machine-readable format) under applicable Data Protection Laws. To exercise your rights, please email us at privacy@marinusanalytics.com.
The other legal bases we rely on in certain instances when processing your data are:
Your Consent:
We may process your Personal Information on the lawful basis of consent. When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time and to receive a portable copy of the data you provide to us, under applicable Data Protection Laws. To exercise your rights, please email us at privacy@marinusanalytics.com. You have given your consent for processing Personal Information for the specific purposes disclosed in the Privacy Policy.
Legitimate Interests:
We may process Personal Information and Special Categories of Personal Information where our legitimate interests, or the legitimate interests of a third party, are not outweighed by your interests or fundamental rights and freedoms.
The legitimate interests for our processing of Special Categories of Personal Information are:
· To disclose information about possible criminal acts;
· To enable us to provide our Services to law enforcement and other customers relating to the identification of human trafficking activity and efforts to stop or hinder that activity and prosecute those who violate laws relating to human trafficking; and
· To support academic or other collaborations for research purposes relating to human trafficking activity with the ultimate goal of stopping or hindering such activity and prosecuting those who violate laws relating to human trafficking.
The legitimate interests for our processing of Personal Information are to:
· Assist us in providing, maintaining, and protecting the Services;
· Set up, maintain, and protect accounts to use the Services;
· Improve our online operations;
· Process transactions;
· Provide customer service;
· Communicate with you, such as provide you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
· Send or display offers and other content that is customized to your interests or preferences;
· Perform research and analysis aimed at improving our products and services and developing new products or services;
· Manage and maintain the systems that provide the Services
· Prevent and address fraud, unauthorized use of the Services, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm; and
· Operate of our day-to-day business and planning, including executing strategic corporate transactions, such as mergers.
You have the right to object to, and seek restriction of, such processing; to exercise your rights, please email us at privacy@marinusanalytics.com.
We will consider several factors when assessing an objection to our processing in furtherance of the Company’s legitimate interests, including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
Compliance with a legal obligation:
We may need to process your Personal Information and Special Categories of Personal Information when applicable law requires it, including, for example, if there is a valid legal request for certain data.
4. Disclosures of Your Information
“Processors” means our Service Providers and their respective service providers.
We may also disclose your Personal Information and Special Categories of Personal Information (as well as non-Personal Information, without the same restrictions that apply to your Personal Information) to our Processors who we engage to perform certain functions for us, or on our behalf (including, but not limited to, processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics). A list of our Processors and a description of the services that they perform for us follows. We establish data processing agreements that govern our Processors’ use of your Personal Information and Special Categories of Personal Information, but our Processors’ use of your Personal Information and Special Categories of Personal Information may also be subject to the Processors’ own privacy policies. See links to our Processors’ privacy policies below.
5. Retention of Your Information
We retain the Personal Information and Special Categories of Personal Information of Ad Subjects for fifteen (15) years following our collection of that information, unless a longer retention period is required by applicable laws or law enforcement investigations. Otherwise, we retain Personal Information for no longer than is reasonably necessary for one or more of the above lawful bases for processing, subject to your right to request we delete your Personal Information. Due to the nature of the Services, it is not possible to predict the length of time that we intend to retain this Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain Personal Information for one or more disclosed lawful bases for processing:
· Whether not there is a retention period required by statute or regulations;
· Pendency of any actual or threatened litigation for which we are required to preserve the information;
· Pendency of applicable statutes of limitations for potential legal claims; and
· Generally accepted best practices in our industry.
When we determine that it is no longer reasonably necessary to retain the Personal Information for one or more disclosed lawful bases for processing based on the above criteria, we will delete Personal Information.
6. Questions and Complaints
If you have any questions or complaints regarding our use of Personal Information and/or Special Categories of Personal Information, please contact us at privacy@marinusanalytics.com. You also have the right to submit a complaint to your applicable Data Protection Authority.