MarketLinc is committed to protecting your privacy. We publish our Privacy Policy so that you can understand our privacy practices and how they help protect your privacy with respect to the Lift AI product. MarketLinc handles Personal Data both as a Processor and as a Controller, as defined in the General Data Protection Regulation (GDPR). MarketLinc is a trans-national business headquartered in the United States. Our management structure and business processes cross borders. Some of our technological systems and databases are shared between our U.S. and Canadian offices. This means that our customer and employee data is transferred across borders. MarketLinc and each of its Canadian and U.S. entities, that from time to time handle personal information collected from individuals located within European Economic Area (EEA) member countries, the UK, and Switzerland comply with both the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, onward transfer and retention of personal information from EEA member countries, the UK, and Switzerland. MarketLinc has certified to the U.S. Department of Commerce that it, and its U.S entities: MarketLinc (USA) Inc. and MarketLinc USA, adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view MarketLinc’s certification, please visit https://www.privacyshield.gov.
The security of your information is important to us, and we strive to implement and maintain security procedures and practices designed to protect Personal Data from unauthorized access, destruction, use, modification, or disclosure. In order to ensure your privacy and security, MarketLinc has put in place privacy and security technologies and procedures to protect your personal information from unauthorized access, use or disclosure. You should be aware, however, that no method of transmission over the internet, or method of electronic storage or transmission is 100% secure, and we are unable to guarantee the absolute security of the information we have collected about you.
The Lift AI Product collects information that your browser sends whenever you use the product on your site. This data may include information such as your computer’s Internet Protocol (“IP”) address, location information derived from your IP address, browser type, browser version, the time and date of your visit, page visits, the time spent on those pages and other statistics. When you access by or through a mobile device, we also collect information such as the following: the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and your general location information. The Lift AI product does not collect personal information, however, MarketLinc may collect personal information from customers and potential customers through direct email, telephone calls, and our website. We may collect some, or all, of the following information from customers and potential customers, including those located in the EEA, UK, and Switzerland: name; email address; telephone number. We use the personal information we collect from our customers and potential customers only for legitimate business purposes, including: (1) contract and billing administration, (2) product and service delivery, (3) communications regarding marketing and technical information concerning our products and services, (4) notifying our customers and potential customers regarding important events related to MarketLinc, and (5) fulfilling our business obligations to our customers. We limit access to this information to only those employees who are necessary to carry out the above listed business purposes.
Some parts of MarketLinc’s website may use cookies, which are files or identifying “markers” on a user’s computer for identification and personalization purposes. We may use cookies in order to determine the usefulness of our site information to our users and to see how effective our navigational structure is in helping users reach that information and for other purposes. Some of the Lift AI product automatic data collection is facilitated by cookies and similar technologies. These technologies may facilitate analytics and help operate the product. We do not allow third parties, such as ad exchanges, web analytics vendors, and social networking platforms to use these technologies to collect data and information about our customers’ and other users’ interaction with the product. Visitors are not required to accept cookies. However, if they reject cookies, certain functionality of the Lift AI product may not work properly (if at all).
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
Unless authorized by you, we will not share any information that you provide us with third parties except to allow such parties to assist or facilitate in the services we provide to you, enforce an agreement, or protect our rights. We may also share information with a parent, affiliated, or successor entity. We may also provide information relating to your use of the website on an aggregate basis to third parties to provide services, such as site analytics. We will not transfer Personal Information originating in the EEA, UK, or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your Personal Information as required by the Principles of the EU-US Privacy Shield Framework or the Swiss-US Privacy Shield Framework. We acknowledge our liability for such data transfers to third parties.
The Lift AI website and product are not targeted to be used by anyone under the age of 18 (“Children”), and we do not knowingly collect personally identifiable information (as that term is defined in the Children’s Online Privacy Protection Act (“COPPA”)) or Personal Data from Children. If you are a parent or guardian and you learn that your Children have provided us with personally identifiable information or Personal Data, please contact us. If we become aware that we have collected such information from Children without verification of parental consent, we will take steps to remove that information from our servers.
MarketLinc does not permit third parties to collect information from our users. We do not allow third parties to set and access cookies on your computer through our product. We also do not track across third party websites to provide targeted advertising. Because we do not transmit information to third parties, we do not respond to ‘Do Not Track’ signals.
We are not responsible for the privacy practices employed by or the contents of third party websites or applications that are linked to or from our website or product.
There are additional limits on the use of your Google User Data. If you provide the Lift AI Product access to your Google data (including, but not limited to, your Google profile, Google Analytics data, and Google Tag Manager data), the Lift AI Product’s use of that data will be subject to these additional restrictions:
a) The Lift AI Product will use your Google Analytics data to extract select data points via the Google Analytics Reporting API. Such data may include visitor web traffic details, conversions, goals, and events. These data points are subsequently blended with scores generated by the Lift AI Product and displayed in a dashboard for analysis. All Google Analytics data extracted via the Google Analytics Reporting API is stored ephemerally only, and is discarded after each execution. No personally identifiable data is extracted via the Google Analytics Reporting API.
b) The Lift AI Product will use your Google Tag Manager data only if you choose to inject the Lift AI code snippet into your site automatically. The Google Tag Manager API is only queried to find relevant GTM Containers during onboarding and is not used in any offline process.
c) Your Google User Data will not be transferred or transmitted to others except whereas provided by this Privacy Policy.
d) The Lift AI Product will not use your Google User Data for serving advertisements to you.
e) The Lift AI Product will not allow humans to read your Google User Data unless we have your affirmative agreement for specific data points, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App’s internal operations.
We are committed to protecting your privacy, but are also required to comply with the law and respond to lawful requests or legal processes, including subpoenas, warrants and civil discovery demands from private parties and the government. We may disclose Data only for Legal compliance and protection of MarketLinc and others. We may disclose data if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (i) to comply with legal process; (ii) to enforce this Privacy Policy, or any contracts with you, including investigation of potential violations thereof; and/or (iii) to protect the rights, property, or personal safety of MarketLinc, our agents and affiliates, our Customers, and the public.
MarketLinc will offer EEA, UK, and Swiss individuals whose personal information has been transferred to us the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting MarketLinc via the Contact Information section at the end of this policy. MarketLinc commits to resolve enquiries or complaints about our collection or use of your personal information. EEA, UK, and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy or GDPR, or if you wish to access, correct, erase, transfer, restrict or object to processing, or confirm that MarketLinc has personal data relating to you, you should first contact MarketLinc via the Contact Information section at the end of this policy. MarketLinc commits to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner and comply with the advice given by the panel and Commissioner with regard to data transferred from the EU and Switzerland. Contact information for these recourse mechanisms can be found listed on the MarketLinc participation page for the Privacy Shield. https://www.privacyshield.gov/list These recourse mechanisms are available at no cost to you. Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration. MarketLinc is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for purposes of the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework.
MarketLinc reserves the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Sites or Services after we post any modifications to the Privacy Policy will constitute your acknowledgment of the modifications and your agreement to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you as required by law, such as by emailing you or by placing a prominent notice on our Website.
If you have any questions or concerns about our privacy practices, please email us at privacy@marketlinc.com, or contact our Data Protection Officer:
Data Protection Officer
MarketLinc
PO Box 24014, RPO Midtown
Saskatoon, SK
S7K 8B4
Email: dpo@marketlinc.com
Telephone: +1 (800) 923-7006
Telephone: +1 (306) 956-7015
This Agreement is made and entered into as of the date that the Customer enrolls with and/or begins using MarketLinc/Lift-AI products or technology (the “Effective Date”), and the agreement is between MarketLinc/Lift-AI and the Customer.
WHEREAS MarketLinc and the [Customer] (the “Parties”) have an interest in participating in discussions wherein either Party might share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”); and
WHEREAS the Parties agree that Confidential Information of a Party might include, but not be limited to that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information;
NOW, THEREFORE, the Parties agree as follows:
1. Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.
2. When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of three (3) years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
3. All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury
if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
4. The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
5. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
(a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or
(b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or
(c) Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or
(d) Is approved for release (and only to the extent so approved) by the disclosing Party; or
(e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
6. Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.
7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.
8. This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
9. This Agreement shall remain in effect for a period of three (3) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this Agreement.
This Terms of Service and Acceptable Use Policy governs your use of the website, products, services, and technologies (collectively referred to as the “Products”) provided by MarketLinc/Lift-AI under any ongoing agreement. It is designed to protect those involved from unethical, irresponsible, and illegal activity, and outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand. By accessing the Products, you agree to abide by this Policy and to comply with all applicable laws and regulations. If you do not agree with this Policy, you are prohibited from using or accessing the Products provided by MarketLinc/Lift-AI. MarketLinc/Lift-AI customers found engaging in activities prohibited by this Policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities. We, MarketLinc/Lift-AI, reserve the right to review and amend any of this Policy at our sole discretion. Upon doing so, we will update this page. Any changes this Policy will take effect immediately from the date of publication.
By using the Products, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained in the Products;
2. remove any copyright or other proprietary notations from any materials and software in the Products;
3. transfer or “mirror” the materials to another person or server;
4. knowingly or negligently use the Products in a way that abuses or disrupts our networks or any other service MarketLinc/Lift-AI provides;
5. use the Products to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use the Products in violation of any applicable laws or regulations;
7. use the Products in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use the Products in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials contained in the Products are owned by or licensed to MarketLinc/Lift-AI and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Policy, and may be terminated by MarketLinc/Lift-AI at any time.
“Confidential Information” includes the Technology and Documentation provided by MarketLinc/Lift-AI. And all information disclosed from the use of MarketLinc/Lift-AI Technology and processes, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information and any other information provided by MarketLinc/Lift-AI in connection with setting up of the Platform.
Any organization using the MarketLinc/Lift-AI products will use the same degree of care for MarketLinc/Lift-AI Confidential Information that it uses to protect its own Confidential Information of like kind (but not less than reasonable care). It will not use any Confidential Information for any purpose outside the scope of MarketLinc/Lift-AI Agreement and shall be responsible for any breaches of confidentiality obligations hereunder by any third party to whom it discloses the Confidential Information. Notwithstanding anything to the contrary set forth herein, MarketLinc/Lift-AI may collect and use data regarding the use and performance of the Platform in anonymized and aggregated form, to analyse and improve the Platform and for Platform support, and general benchmarking data and industry reports, provided that any user data is aggregated and anonymized such that no personally identifying information of any individual is revealed.
Our Products, and the materials in our Products are provided on an 'as is' basis. To the extent permitted by law, MarketLinc/Lift-AI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. In no event shall MarketLinc/Lift-AI or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Products, or the materials in the Products, even if MarketLinc/Lift-AI or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on our website are not comprehensive and are for general information purposes only. MarketLinc/Lift-AI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
MarketLinc/Lift-AI has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by MarketLinc/Lift-AI of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
We may suspend or terminate your right to use our Products, and terminate these Terms of Service immediately upon written notice to you for any breach of this Policy.
Any term of this Policy which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of this Policy is not affected.
These Terms of Service are governed by and construed in accordance with the laws of USA. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
We provide our Products with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted. We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures. By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question. If a customer — or their end-user or anyone using our Products as a result of the customer — violates this Policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our Policy.
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
1. any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Policy, or the policies of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks. Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.) Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems. Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
3. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
4. Using our Products to interfere with the use of our Products by other customers or authorized individuals;
5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
6. Any act or omission in violation of consumer protection laws and regulations;
7. Any violation of a person’s privacy.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
We prohibit the impersonation of MarketLinc/Lift-AI, the representation of a significant business relationship with MarketLinc/Lift-AI, or ownership of any MarketLinc/Lift-AI property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
