Privacy Policy – MSL India

MSL LLC (“MSL”, “MSL Group”, “we”, “us”, or “our”) is a public relations agency offering public relations, financial communications, experiential marketing, live event management, healthcare communications, public affairs, reputation management, and social media marketing services. This Privacy Notice sets out how we collect, use, share, and protect any information we collect through this website (“Website”). This Privacy Notice also explains the measures we take to safeguard your information and describes how you may contact us regarding our privacy practices.

Please note, this Privacy Notice does not apply to the services provided by us on behalf of clients or to data that the Agency processes on behalf of our clients.

Introduction

Any data collected through this Website, including personal data (as defined under applicable data protection laws, referred to as “Personal Data”), will only be used for the purposes set out in this Privacy Notice. Notwithstanding, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. When data is collected on this Website, we are acting as a data controller.

Please read this Privacy Notice thoroughly. If you disagree with the way personal information will be used, please do not use this Website. For our Canadian users, your use of the Website constitutes your implied consent for us to process your Personal Data for the above-noted purposes.

We may include links to other websites, including social media platforms. This Privacy Notice only covers this Website and does not apply to the data practices of other websites. We encourage you to read the privacy notices available on other websites you visit.

What Personal Data and Sensitive Personal Information do we collect and process through the Website?

The following table describes the categories of Personal Data and Sensitive Information we collect.

Category of Personal Data	Examples
Contact Information and Identifiers	First name, last name, e-mail address, telephone number, country,, online identifiers; IP address;
Professional or Employment Information (may be B2B Contact Information)	Your employer or company, title, or department
Internet or other electronic network activity information (Technical data)	Browsing history; search history; online interests, such as information about categories of consumer interests derived from online usage; and information on a consumer’s interaction with a website, application, or advertisement.
General Geolocation data	Non-precise location information from your device or IP address
Your verbatim communications to us or shared on the public areas of our site	Information that you directly send us by using the comment or “Contact Us” functionality on this Website
Inferences	Information drawn from any of the information identified in this section to create an attribute about your preferences, characteristics, or behavior

Categories of the sources of Personal Data we may collect:

We may collect the Personal Data outlined above from the following categories of sources:

Directly from you, for example, when you send us your questions or comments using the query form or make use of your privacy rights.
Indirectly from you by using automated technologies, such as cookies, pixels, third party tags, scripts, log files and other means to automatically collect information about the use of our Website Further information about our use of cookies can be found in this Privacy Notice.

Purpose of data collection and legal basis

The following table provides information about our purposes and legal basis for collecting your Personal Data:

Our Purposes for collecting and using your Personal Data	Basis for processing
To read and respond to your queries to us, sent using our online query form	Depending on your request, we will rely on our legitimate interest or the performance of pre-contractual measures to respond to individuals’ queries
When you contact us through the data access request form	We rely on our legal obligation to provide you a process to exercise your rights
To contact you where you have indicated you wish to receive news from us	For visitors from the European Union, we rely on your consent, where you indicate that you want to receive marketing material from us
Operating our Website, for example, operating, analyzing, improving, and securing our Website	For visitors from the European Union, we rely on your consent to obtain your Personal Data through cookies For visitors from other geographies, we rely on our legitimate interest to improve our services and develop new products
Other internal purposes, such as: internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance.	Our legitimate interest to support our internal operations and conduct research
Legal purposes, such as: (a) comply with legal process or a regulatory investigation (e.g. regulatory authorities’ investigation, subpoena, or court order); (b) enforce our Terms of Service, this Privacy Notice, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of other parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. Such disclosure may be for a business purpose, but may also be considered a “sale” under certain state privacy laws.	We rely on our legal obligation or the performance of contract to support such legal purposes.
In the event of a corporate transaction including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.	Our legitimate interest or performance of contract to support our corporate transactions
We may aggregate, de-identify and/or anonymize any information collected so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any other party, including advertisers, promotional partners, and sponsors, in our discretion, unless otherwise prohibited by applicable law	Our legitimate interest to support our internal operations
We use analytics services, such as Google Analytics, to help us understand how users access and use the Website.	Our legitimate interest to support our internal operations

As indicated below, vendors and other parties may in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

With whom do we Share or Sell Personal Data or Sensitive Personal Data?

We may disclose your Personal Data collected and processed through this Website for various purposes related to our business. The disclosure may be to our clients, partners, or vendors.

Sharing Personal Data under the California Privacy Rights Act means to disclose your Personal Data to a third party for Interest-based Advertising.

Selling Personal Data means to disclose your Personal Data to a third party for an exchanged value and a purpose other than one of the listed business purposes.

The table below shows with whom we may Share or Sell your Personal Data, and whether we believe we have “sold” or “shared” a particular category of information in the prior 12 months.

Category of Personal Data	Categories of Parties With Whom We Sold or Shared Your Data	“Sold” in the Last 12 Months	“Shared” in the last 12 months
Contact Information and Identifiers	Affiliates, service providers, and analytics partners	No	No
Professional or Employment Information (may be B2B contact information)	Affiliates, service providers, and analytics partners	No	No
Internet or other electronic network activity information.	Service providers and analytics partners	No	No
Geolocation data	Service providers and analytics partners	No	No
Your verbatim communications to us or shared on the public areas of our site	Affiliates, service providers, and analytics partners	No	No
Inferences	Affiliates, service providers, and analytics partners	No	No

With whom do we disclose Personal Data or Sensitive Personal Data for a Business Purpose?

We may disclose your Personal Data or Sensitive Personal Data to our service providers that assist us with our business purposes. Our service providers are to only process your Personal Data in accordance with our instructions and only for the purpose listed below.

The table below shows with whom we disclose your Personal Data for the specific business purpose(s).

Category of Personal Data	Categories of Parties With Whom We Disclosed Your Data for a Business Purpose	Business Purpose for the Disclosure
Contact Information and Identifiers	Affiliates, service providers, and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller
Professional or Employment Information (may be B2B contact information)	Affiliates, service providers, and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller
Internet or other electronic network activity information.	Service providers and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller; Debugging to identify and repair errors that impair existing intended functionality
Geolocation data	Service providers and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller
Your verbatim communications to us or shared on the public areas of our site	Affiliates, service providers, and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller
Inferences	Affiliates, service providers, and analytics partners	Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the Controller, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the Controller; Debugging to identify and repair errors that impair existing intended functionality

Automated Decision Making and Profiling

When processing your Personal Data, we do not use processes that involve automated decision making or profiling.

How long do we keep your information?

We keep Personal Data for as long as is necessary for the purposes described in this Privacy Notice, complying with legal and regulatory obligations, protecting our or others’ interests, and as otherwise permitted or required by law. When Personal Data is no longer necessary for or compatible with these purposes, it is removed from our systems in accordance with our internal retention policies. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Website or our services to you;
Whether our processing of the Personal Data is consistent with what an average consumer would expect when the Personal Data was collected;
Whether the Personal Data is processed for any other disclosed purpose(s) compatible with what is reasonably expected by the average consumer;
Whether the Personal Data is relevant and useful to the provision of our services and our further processing is permitted by law;
Whether the Personal Data has been de-identified, anonymized, and/or aggregated; and
Whether there is a legal obligation to which we are subject.

Your rights and choices regarding your Personal Data

Please use this link if you want to make use of any of your below-mentioned legal rights.

1. Where you are resident of the EU

Subject to certain exceptions and the jurisdiction in which you live, if you are a resident of the EU, the GDPR provides you with specific rights regarding your Personal Data. This subsection describes your rights and explains how to exercise those rights regarding Personal Data that we hold about you. These rights include:

1.1 The right of access:

You can access all Personal Data we hold about you, know the origin of this Personal Data and obtain a copy in an understandable format.

You may also use your right to access your Personal Data to control the exactness of the data and have them rectified or deleted. You have no justification to provide to exercise your right to access;

1.2 The right to rectification:

In order to avoid inaccurate or incomplete Personal Data relating to you is processed or shared, you can ask us to rectify it;

1.3 The right to erasure:

You may request the erasure or deletion of the Personal Data we hold on you. This is not an absolute right since we may have to keep your Personal Data for legal or legitimate reasons. You may, for example, exercise your right to deletion in the following cases:

a) if you have withdrawn your consent to the processing (see below);

b) if you legitimately objected to the processing of your data (see below);

c) when data is not or is no longer necessary for the purposes for which it was initially collected or processed;

d) the data is processed unlawfully (e.g., publishing hacked data);

1.4 The right to object to the processing of your Personal Data:

We process your Personal Data based on our legitimate interest (to determine to which processing this applies, please refer to the relevant chart in this Privacy Notice), you may at any time object to the processing of your Personal Data for reasons relating to your personal situation. We may nevertheless, on a case-by-case basis, reject such a request by pointing out the legitimate and imperious reasons justifying the processing of this data which prevail on your interests, rights and freedoms, or when this data is necessary to establish, exercise or defend a right before a Court.

1.5 The right to restrict processing:

The right to limit the processing completes your other rights. This right means that the data processing relating to you and that we are performing is limited, so that we may keep this data, but we cannot use it or process it in any other manner. This right applies in specific circumstances, i.e.:

a) if you challenge the exactness of your Personal Data. The processing is then limited for a period of time so that the agency may verify the exactness of the Personal Data;

b) if the processing is unlawful and you object to the erasure of your Personal Data and request instead that its use be limited;

c) if we do not need the Personal Data for the purposes mentioned above anymore, but you still need it to establish, exercise or defend rights before a Court; and

d) in the cases where you objected to the processing which is based on the legitimate interests of the agency, you may ask to limit the processing for the time necessary for us to verify if we can accept your objection request (i.e., the time necessary to verify whether the legitimate reasons of the agency prevail over yours).

1.6 Right to object to data processing for direct marketing purpose

You may unsubscribe or object, at any time and without any justification, to the reception of direct marketing communications. Simply either (i) click on the link in the footer of the communications you receive from us; or (ii) use the hyperlink above; or (iii) send us an email at the email address set out in the “Further Information” section below with the word unsubscribe in the subject field of the email.

1.7 The right to data portability:

a) You may request to retrieve the Personal Data you provided us with, in a structured, commonly used, and machine-readable format, for personal use or to share them with a third party of your choice.

b)This right only applies to Personal Data you provided us with, directly or indirectly, and which was processed through automated means, if this processing is based on your consent or the performance of a contract. Please check the list of our Personal Data processing activities’ legal grounds to know whether our processing is based on the performance of a contract or on consent.

1.8 The right to withdraw your consent to the processing of your Personal Data at any time:

a) You may read this Privacy Notice in order to identify the purposes for which the processing of your Personal Data is based on your consent.

b) If you are unsatisfied with the way we process your Personal Data or if your request has been rejected, you may also lodge a formal complaint with your local competent data protection authority.

c) Personal Data will be stored in accordance with our applicable data retention requirements and corporate policies. The retention period for Personal Data varies depending on the type of Personal Data and the purposes of processing it.

d) We will respond without undue delay and in any event within one month from the data we receive your request. This timeframe can be extended by two months to take the complexity of the request, or the number of requests received into account. In this case, we will inform you within one month from receiving your request, specifying the reasons for extending the response timeframe.

2. Where you are a US resident

Residents of certain US states, such as California, Virginia, Colorado, Connecticut, and Utah, have specific rights regarding their Personal Data. This section describes how to exercise those rights and our process for handling those requests. (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.)

2.1 Right to request access to your Personal Data

You may request access to your Personal Data that we collect, use, disclose, or sell. In particular, you may request:

the specific pieces of Personal Data that we process about you
the categories of Personal Data we have collected about you;
the categories of sources from which the Personal Data was collected;
the categories of Personal Data about you we disclosed for a business purpose or sold or shared;
the categories of third parties to whom the Personal Data was disclosed for a business purpose or sold or shared; and
the business or commercial purpose for processing the Personal Data.

When exercising the right to access Personal Data, you have the right to obtain materials in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

When we receive and verify your request to access your Personal Data, we will make best efforts to fulfill your request unless an exception applies. We will not disclose your government identification numbers, financial account numbers, health insurance or medical identification numbers, account passwords, security questions and answer, or unique biometric data; however, to the extent we have this information, we will inform you that we have collected this information. You are permitted 2 access reports every 12 months.

2.2 Right to request deletion of your Personal Data

You may also request that we delete any Personal Data that we obtained about you. However, we may retain Personal Data for certain important purposes, as set out by applicable law.

When we receive and verify your request to delete your Personal Data, we will proceed to delete the data unless an exception applies. We will retain a record of your deletion request in order to keep your Personal Data deleted, unless and until you provide consent for the processing of your Personal Data post your deletion request.

2.3 Right to correct your Personal Data

If you believe we hold inaccurate personal information about you, you may request that we correct that information. We may ask for documentation showing that the information you submit is accurate and the Personal Data we hold is inaccurate. Once we receive your request, we will verify your identity and taking into account the type of personal information and the purposes of our holding that personal information we will make best efforts to complete your request. We may deny your request if we determine that the contested Personal Data is more likely than not accurate. Additionally, we may choose to delete your Personal Data in response to your request to correct your Personal Data if the deletion of your Personal Data would not negatively impact you.

2.4 Right to limit use of Sensitive Personal Data

We do not collect Sensitive Personal Data as that term is defined in US state privacy laws like the California Consumer Privacy Act and the Virginia Consumer Privacy Act,

2.5 Right to nondiscrimination

We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise your privacy rights.

2.6 Right to Opt-out of the sale of your Personal Data.

We do not sell any Personal Data as the term ‘sell’ is used in US state privacy laws like the California Consumer Privacy Act and the Virginia Consumer Data Protection Act.

2.7 Right to Opt-Out of Share/Cross Contextual Behavioral Advertising and Targeted Advertising

We do not share your Personal Data for cross contextual behavioral advertising or otherwise engage in targeted advertising.

2.8 Right to opt-out of Automated Decision Making and Profiling

When processing your Personal Data, we do not use processes that involve automated decision making or profiling.

2.9 Shine the Light

Customers who are residents of California may request (i) a list of the categories of Personal Data disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in the “Further Information” section below and specify that you are making a “California Shine the Light Request.”

2.10 How to exercise your US state privacy rights

US residents may exercise their applicable privacy rights by sending an email to privacyofficer@publicisgroupe.com, submitting your request here or by contacting us at 1-833-983-0087.

For security purposes (and as required under US state laws), we will verify your identity—in part by requesting certain information from you—when you make a request to access, correct, or delete, your Personal Data. The verification process will utilize an email verification process, a telephone number verification process, and, if applicable, a request for any assigned ID number previously communicated to you.

If we are unable to complete your request fully for any reason, we will provide you additional information about the reasons why we could not comply with your request.

You may also designate an agent to make requests to exercise your rights under certain US state laws. We will take steps both to verify your identity and to verify that your agent has been authorized to make a request on your behalf by requesting your agent to provide us with a signed written authorization or a copy of a power of attorney executed by you.

2.11 Appeal

It is your right to appeal a decision made concerning the exercise of your data privacy rights. You may appeal this decision within 60 days of receiving your response from us. To submit your appeal, contact privacyofficer@publicisgroupe.com or visit our portal.

2.12 Where you are a Nevada Resident

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of Personal Data that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of Personal Data for monetary consideration by the business to a third party for the third party to license or sell the Personal Data to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at privacyofficer@publicisgroupe.com.

3. Where you are a resident of Canada

3.1 Right to request access to your Personal Data

You have a right to access your Personal Data in our control. We will also provide you with a description of what uses we have made of your Personal Data and which third parties we have shared it with. In some cases, we may not be able to provide you with access to your Personal Data, such as where:

Personal data about another person might be revealed and the other person’s personal information cannot be separated from yours;
Commercially confidential information might be revealed and the confidential information cannot be separated from yours;
The requested data is subject to solicitor and client privilege;
Someone’s life or security might be threatened as a result of giving you access and the personal data about the other person cannot be separated from yours;
The information was collected for purposes related to an investigation of a breach of an agreement or contravention of the law.

We will respond to your request within 30 days, unless we require more time to do so, in which case we will advise you of the date by which we will respond to your request within 30 days of receiving it.

3.2 Right to request correction to your Personal Data

If you note any inaccuracies or wish to update any of your Personal Data, we will make those changes upon your request.

3.3 Right to withdraw your consent

At any time, you may withdraw your consent for us to process your Personal Data for the purposes described in this Privacy Notice. However, this may affect our ability to offer you some of the services. For example, we may not be able to respond to your queries.

4. Your general rights regarding data collection

4.1 Do Not Track:

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit https://www.allaboutdnt.com.

4.2 Analytics:

We may use our own technology or third-party technology to track and analyze usage information to provide enhanced interactions and more relevant communications, and to track the performance of our advertisements.

For example, we use Google Analytics (“Google Analytics”), a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. You can learn about Google’s privacy practices by going to www.google.com/policies/privacy/‌partners/.

Google Analytics uses cookies to help us analyze how our websites are used, including the number of visitors, the websites from which visitors have navigated to our websites, and the pages on our websites to which visitors navigate. This information is used by us to improve our websites. We use Google Analytics with restrictions on how Google can process our data enabled. For information on Google’s Restricted Data Processing go to https://privacy.google.com/businesses/rdp/.

4.3 E-mails:

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link or emailing us at the email address set out in the “Further Information” section below with the word unsubscribe in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about transactions, servicing, or our ongoing business relations.

Children

The Website is intended for general audiences and is not directed at children. We do not knowingly collect Personal Data (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected Personal Data in violation of COPPA, contact us at privacyofficer@publicisgroupe.com. We will remove the Personal Data in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the US state privacy laws, like CCPA or VCDPA, the Personal Data of minors under 16 years old without legally required affirmative authorization.

Data Security

We use a variety of methods, such as firewalls, intrusion detection software and manual security procedures, designed to secure your data against loss or damage and to help protect the accuracy and security of information and to prevent unauthorized access or improper use. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. If you think that the Website or any Personal Data is not secure or that there has been unauthorized access to the Website or your Personal Data, please contact privacyofficer@publicisgroupe.com immediately.

Data Transfers

Due to the international nature of our business, your Personal Data may be transferred outside the European Union.

If you are an EU resident, your Personal Data may be transferred to the US or any country which is not considered to have the same level of data protection as in the EU. While in those jurisdictions, your Personal Data may be accessible to regulatory authorities in accordance with the laws of those jurisdictions. However, we ensure all data transfers from the EU comply with applicable legal requirements by executing standard contractual clauses. Should you wish to know more about how your Personal Data is protected or wish to request a copy of the contractual protections please contact privacyofficer@publicisgroupe.com.

Use of cookies, other tracking technology, social media and social media plug-ins

Cookies are small pieces of text or code sent to your device when you visit the Website. Cookies are used to optimize the viewing experience, count visitors to a webpage, troubleshoot any problems, keep websites secure, and better serve content. The following cookies are used on the Website:

Strictly Necessary cookies are required to provide the basic functions of the website and cannot be turned off. They are essential for accessing certain features of the website and could include signing in, adding items to a cart, or e-billing.
Performance cookies are used to identify the pages used and to measure and track the performance of our website. This helps us to analyze web page traffic data and improve our website to fit your needs. We only use the information for statistical analysis purposes.
Functional cookies are used to provide services you request. These cookies can remember your preferences to boost the user experience on a website.

Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. You can choose to accept or decline all cookies except those strictly necessary for Website functionality. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

For more information about the cookies dropped on your device, please review the Cookie Notice

Use of social media and social media plug-ins

We have a fan page or a company page on Twitter, Facebook, Instagram, YouTube and LinkedIn that you can use or visit. We act as a joint data controller with the social media platform for the collection of your personal data when you visit our company page on the social media platform. We will collect Personal Data about you in order to understand our followers better and understand the public response to our products and services. We may use this information to engage in social listening to identify and assess what is being said about us publicly to understand industry trends and market sentiment. Any information you provide to us when you engage with our content (such as through our brand page or via Facebook Messenger) is treated in accordance with this Privacy Notice. Also, if you publicly reference us or our Website on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Website.

You can read more regarding our joint controllership with the platforms at the following links:

YouTube: https://business.safety.google/controllerterms/

LinkedIn: https://legal.linkedin.com/pages-joint-controller-addendum

Facebook: https://www.facebook.com/legal/controller_addendum

Twitter: https://gdpr.twitter.com/en/controller-to-controller-transfers.html

Instagram: https://www.facebook.com/legal/controller_addendum

We provide social media plug-ins on the Website to allow you to easily share content from our Website through social media, and in doing so, we may receive your Personal Data from the social media platform that you have authorized to share with us. When you share content using these buttons, a new page will pop up from the relevant social media platform. If you’re already logged into your account on that social media platform, then you will probably be automatically logged into this pop-up page, so that you don’t have to log in again. If, however, you are not logged in (or if you are not registered with the social media platform), the page will ask you for your information. We are joint data controllers with the social media platforms for the collection of your personal data that is collected by the platforms when you visit our website.

We have no control over how social media platforms use your Personal Data and they may independently collect information about you when you leave our Website. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices on the various social media platforms you use.

Find out more about how these social media platforms use your Personal Data:

Facebook
Twitter
YouTube (Google’s general privacy policy)
Instagram
LinkedIn

Financial Incentive

We do not offer any financial incentives related to our collection of your Personal Data.

Notification of changes

Any changes to this Privacy Notice will be promptly communicated on this page and you should check back to see whether there are any changes. Continued use of the Website after a change in the Privacy Notice indicates your acknowledgment and acceptance of the use of Personal Data in accordance with the amended Privacy Notice.

If you wish to save this text, please click here to download a PDF.

Further Information

This Privacy Notice has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at privacyofficer@publicisgroupe.com .

If you consider that we are not complying with this Privacy Notice, if you have any questions in relation to this Privacy Notice, or have questions about your rights and choices, please contact privacyofficer@publicisgroupe.com. Data subjects in Europe may also lodge a formal complaint with their competent data protection authority.

If you have any questions about our data practices or you wish to exercise your rights or know about the contractual protections in place, please contact the Publicis Chief Data Privacy Officer at privacyofficer@publicisgroupe.com

Updated: December 16, 2022

Prior Version

Terms & Policies

DATE: May 13, 2021

INTRODUCTION AND OVERVIEW

Please carefully read these Terms of Use (these “Terms”) because they set forth a legally binding agreement between you (“you”, “your”, and/or “guests”) and MSL LLC (“we”, “us”, “our”, and/or “MSL”), and govern your access and use of any online service location/website that posts a link to these Terms (collectively, the “Site”). We offer the Site, including all information, tools, and services available herein to you, conditioned upon your acceptance of and strict adherence to these Terms.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS NOW OR IN THE FUTURE, THEN DO NOT ACCESS OR USE THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THESE TERMS, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.

In some instances, both these Terms and separate terms elsewhere on the Site will apply to your use of the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

We control and operate the Site from the United States, and we make no representation that the Site is appropriate or available for use beyond the United States. Software related to or made available by the Site may be subject to United States export controls, and except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to United States export controls or sanctions.

Arbitration Notice

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE DISPUTE RESOLUTION SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SUCH SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

SERVICES AND CONTENT

Content

The Site contains: (i) materials and other items relating to MSL and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of MSL; and (iii) other forms of intellectual property (collectively, “Content”). All right, title, and interest in and to the Site and the Content are the property of MSL or our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content. You understand that by using the Site you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Site at your own risk.

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, enter, attend, download, display, view, use, consume, and/or otherwise exploit the Site and the Content in each case for your personal, non-commercial use only. This limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. To protect all parties’ intellectual property rights, any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site, if any. You acknowledge and agree that your use of the Site is at your sole risk and responsibility. We expressly reserve the right to remove and/or delete any data, files, and/or other information stored or used in connection with the Site for any reason.

Availability

We reserve the right to refuse access to the Site and/or Content to anyone for any reason at any time. We may suspend or terminate the availability of the Site and Content, in whole or in part, to you for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and Content.

Reservation of Rights

All rights not expressly granted to you are reserved by MSL and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Site for any purpose is prohibited.

SUBMISSIONS, COMMENTS, AND FEEDBACK

If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, image, likeness, picture, avatar, social media handle, biographical information, or other indicia, in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions provided by you or any third-party.

THIRD-PARTY SERVICES

We may provide you with access to third-party tools, content, products or services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such third-party content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party content.

Any use by you of third-party content offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on this site may direct you to third-party websites that are not affiliated with MSL. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties available through or at such third-party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

DMCA/COPYRIGHT POLICY

We take copyright infringement claims seriously and respond to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under United States law, provide our designated agent with the following written information:

A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
Your contact information, including your address, telephone number, and an e-mail address;
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is:

Austin Stewart

MSL Group

375 Hudson Street New York, 10014, New York, NY, U.S.

Phone: (206) 694-5917

Email: austin.stewart@mslgroup.com

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

Counter Notification

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which MSL may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

CUSTOMER SUPPORT

Contact us here for questions about your use of the Site or these Terms: privacyofficer@publicisgroupe.com. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

DISCLAIMERS

THE SITE AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS OR OTHER MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR PHYSICAL CONDITION. WE ARE NOT RESPONSIBLE WHETHER THE SITE, INCLUDING ANY CONTENT THEREIN, ARE ACCURATE, COMPLETE, OR CURRENT. CONTENT IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SITE, AND ANY CONTENT THEREIN, IS AT YOUR OWN RISK.

THE SITE AND CONTENT THEREIN MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE SITE AND ANY CONTENT AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SITE OR THE CONTENT. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE THAT MAY AFFECT YOU.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND/OR ANY CONTENT THEREIN FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MSL BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED RESULTING FROM MSL’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MSL, our parent, affiliate, and subsidiary entities, and each of our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Site and/or the Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (vi) your use of a third-party product, service, and/or website; or (vii) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.

TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice; and/or accordingly may deny you access to the Site.

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Site (or any part thereof).

GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New York without reference to its conflicts of laws principles.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Agreement to Arbitrate

You and MSL agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the use of the Site (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York County and MSL and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of any other person or entity.

Unless you timely provide us with an Arbitration Opt-out Notice (as defined below in the subsection titled “Your Choices”), you acknowledge and agree that you and MSL are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MSL otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution Section. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides a form Demand for Arbitration). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and MSL otherwise agree, the arbitration will be conducted in the state where you reside, with the option for you to participate telephonically to the extent the AAA Rules allow. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and MSL submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions which the arbitrator based its award on. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MSL will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless such arbitration is found by the arbitrator to be frivolous under the standards of the Federal Rules of Civil Procedure 11(b) and in that case MSL shall be entitled to recover attorneys’ fees in addition to any damages awarded to it.

Fees

If the arbitrator finds that your payment of the administrative and arbitrator fees (excluding any attorney’s fees) under this subsection is a burden on you, we agree to pay those fees for you (but not any attorney’s fees).

Changes

By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and MSL in accordance with the provisions of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Your Choices

If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice (including by email to austin.stewart@mslgroup.com) telling us that you do not want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above.

Investigations

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Site. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MSL OR A LICENSOR OF MSL.

CHANGES TO TERMS AND TO THE SITE

You can review the most current version of the Terms on the Site.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website (which constitutes notice to you). It is your responsibility to check the Site periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We may provide patches, updates, or upgrades to the Site that must be installed for you to continue to use the Site. Although we will use commercially reasonable efforts to notify you, we may update the Site remotely without notifying you, and you hereby consent to us applying patches, updates, and upgrades. You acknowledge that your use of the Site does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Site, including but not limited to (where applicable) any rewards, or Content (save for where it is your own Submissions). You also acknowledge that any data, customization, or other data related to your use of the Site may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by us. We do not have any maintenance or support obligations with respect to the Site.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

ASSIGNMENT

You shall not, without our prior written consent, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If such restrictions on transfer under these Terms are not enforceable under the law of your country, then these Terms will be binding on any such recipient. We may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

CALIFORNIA RESIDENTS

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Privacy Policy

For information about our data collection, use, and disclosure practices, please read our privacy policy available at mslgroup.com/terms-and-policies. This policy explains our data practices regarding your personal information. You agree to our collection, use, and disclosure of your data in accordance with our privacy policy.

Privacy Notice

Updated: 5.4.21

This website (“Website”) provides information about the general business of, and the services offered by MSL (“MSL Group”). This Privacy Notice sets out how we collect, use, share, and protect any information we collect through this Website or any offline location that makes this Privacy Notice available to you.

Introduction

Any data collected through the Website, including personal information (as defined under applicable data protection laws, and as may be similarly referred to as “personal data” or “personally identifiable information” under applicable data protection laws), will be used for the purposes set out at II in this Privacy Notice and as set out in this Privacy Notice. Once collected, personal information will not be used for a different incompatible purpose without your consent. Notwithstanding, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For more information please see the “Aggregate, Deidentified, or Anonymized Information” section below. MSL is regarded as the data controller under certain laws with respect to personal information collected by MSL through this Website. However, MSL often acts as a data processor under certain laws when it processes personal information on behalf of a client, which is the controller. Any questions that you have relating to the processing of personal information by MSL as a processor should be directed to the relevant client.

Please read this Privacy Notice thoroughly. By using the Website, you agree to our Terms of Service and with our collection, use and disclosure practices, and other activities as described in this Privacy Notice. If you disagree with the way personal information will be used, please do not use the Website or provide your personal information through the Website.

We may include links on the Website to other websites including social media platforms. This Privacy Notice only covers our data practices through the Website and does not cover the data practices of these other websites. When you interact with these other parties, including when you leave the Website, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices available on other websites you visit.

I. Information on behalf of MSL clients

We provide products and services to our clients and collect and process information about individuals (including through tracking technologies) at the direction of our client (“Client Data”). Client Data has historically included contact data, demographic data, content, service use data, device data, and location data, among other information. Our processing of Client Data is governed by the terms of our service agreements with our clients, and not this Privacy Notice. We are not responsible for how our clients treat the information we collect on their behalf, and we recommend you review their own privacy policies.

For more information on your rights and choices regarding client data, see the “Your rights regarding your information” section below.

II. What personal information do we collect and process through the Website?

The following describes the categories of personal information we collect and the sources of such personal information.

Identification and contact data, e.g., online identifiers; IP address; mobile ad identifiers.

First name, last name, e-mail address, telephone number, organization/company you represent, and title/position.

· We will collect this directly from you when you send us your questions or comments using the query form.

· We may also collect this from publicly available sources, data brokers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), advertising networks, internet service providers, data analytics providers, operating systems and social networks.

Categories of personal information described in Cal. Civ. Code § 1798.80(e). e.g., signature.

· We will collect this directly from you when you apply for a job with MSL.

Characteristics of protected classifications under California or US law

E.g., race; color; religion; sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions); gender identity, gender expression; sexual orientation; marital status; medical condition; military or veteran status; national origin; ancestry; disability (mental or physical including HIV/AIDS, cancer, and genetic characteristics); genetic information; request for family care leave; request for leave for an employee’s own serious health condition; request for Pregnancy Disability Leave; retaliation for reporting patient abuse in tax-supported institutions; age (over 40).

· We will collect this directly from you when you apply for a job with MSL or in connection with surveys you have volunteered as a participant.

Commercial or transactions information

E.g., services considered, or other purchasing or consuming histories or tendencies

We may also collect this from publicly available sources, data brokers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), advertising networks, internet service providers, data analytics providers, operating systems and social networks.

Internet or other electronic network activity information (Technical data)

E.g., browsing history; search history; online interests, such as information about categories of consumer interests derived from online usage; and information on a consumer’s interaction with a website, application, or advertisement.

We may also collect this from internet service providers, data analytics providers, operating systems and social networks.

Geolocation data E.g., imprecise location data

We may also collect this from internet service providers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), data analytics providers, operating systems and social networks.

Employment Data E.g., employment and education history, transcripts, writing samples, and references necessary to consider your job application for open positions.

· We will collect this directly from you when you apply for a job with MSL or in your capacity as a representative of a client or potential client.

Your verbatim communications to us or shared on the public areas of our site

· We will collect this directly from you when you send us your questions or comments using the query form

III. Purpose of data collection and legal grounds we rely on

The following provides information about our purposes for collecting your personal information: