Introduction

Marco Experiences, Inc. (“Marco”) provides an online marketplace (“Marketplace Platform”) for virtual experiences to keep teams connected, individuals engaged, and culture thriving for its enterprise customers (“Customer”). This Marketplace Platform Privacy Statement (“Privacy Statement”) explains how we collect, use, disclose and otherwise process personal information on our Customers’ behalf in connection with the Marketplace Platform. As a service provider and data processor, Marco provides the Marketplace Platform to our Customers. Marco’s Customers are the data owners and data controllers with respect to personal information processed through the Marketplace Platform. This Privacy Statement does not apply to: (i) any websites or other online services that do not link to this Privacy Statement; (ii) Marco’s Customers’ representatives who engage Marco to provide a Marketplace Platform experience; or (iii) a Marketplace Platform experience host. To the extent Marco shares information with the Customer or host as this Privacy Statement describes, this Privacy Statement does not apply to the Customer or host’s subsequent use of that information.

Marco’s processing of information in connection with the Marketplace Platform is governed by this Privacy Statement and the relevant Customer agreement (such as the Marco Experiences Terms & Conditions (“Terms & Conditions”) and any relevant supplemental terms). In the event of any conflict between this Privacy Statement and the relevant Customer agreement, the relevant Customer agreement will control to the extent permitted by applicable law.

This Privacy Statement is not a substitute for any privacy notice that the relevant Customer may be required to provide to the attendees of its Marketplace Platform experience. This Privacy Statement does not govern: the processing of personal information by our Customers or Marketplace Platform experience hosts. Because Marco does not control the privacy practices of the relevant Customer or Marketplace Platform experience host, you should read and understand the relevant Customer and/or Marketplace Platform experience host’s privacy policies.

Information We Collect

Information collected about users of the Marketplace Platform. The Customer is responsible for determining the scope of information that Marco may collect. We collect information about the Customer’s users — the individual Marketplace Platform experience attendees — that the Customer authorizes to attend and participate in the Customer’s experience managed by the Marketplace Platform. The information we collect about users may include:

• Information provided to us by the Customer about its users. This may include business and personal contact information, such as name, email address, mailing address, age, employment information, and phone number.
• Information provided to us by users. This may include personal information (such as business and personal contact information, account information, employment information, and identity-verification details) that users provide when they register for an account or create a user profile (such as name, email address, telephone number), contact customer support, or otherwise correspond with us by phone, email, or other means.
• Information about users’ use of the Marketplace Platform. This may include information about users’ use of the Marketplace Platform that we may collect directly or through third-party service providers, including computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, IP address, general location information such as city, state or geographic area; and information about users’ use of and actions on the Marketplace Platform, such how much time was spent attending a Marketplace Platform experience and access times. This information is collected using cookies and similar technologies.

How We Use Information

We use the information we collect at the instruction of the relevant Customer and in accordance with the relevant Customer agreement, to provide the Marketplace Platform and for related internal purposes, such as to:

• maintain the Marketplace Platform;
• organize, facilitate, and manage events via the Marketplace Platform;
• create and maintain your account with the Marketplace Platform;
• provide information about the Marketplace Platform, such as important updates or changes to the Marketplace Platform;
• measure performance of and improve the Marketplace Platform and develop new products and services;
• send surveys, offers and other promotional materials on our Customers’ behalf;
• create anonymous, aggregated or deidentified data that Marco may then use to analyze patterns to enhance Marco’s products and services and develop new ones; and
• respond to inquiries, complaints and requests for Customer support.

We may also use information as we believe necessary or appropriate to (a) comply with applicable law; (b) enforce the terms and conditions that govern the Marketplace Platform; (c) protect our rights, privacy, safety or property and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Information

We share the information we collect:

• With the relevant Customer;
• With such third parties as the relevant Customer may direct including other users of the Marketplace Platform and the host(s) of an experience on the Marketplace Platform;
• With third-party service providers that help us provide, manage and improve the Marketplace Platform; and
• With Marco subsidiaries and corporate affiliates for the purposes described in this Privacy Statement or in the relevant Customer agreement.

We may also share information with government, law enforcement officials or private parties as required by law, when we believe such disclosure is necessary or appropriate to (a) comply with applicable law; (b) enforce the terms and conditions that govern the Marketplace Platform; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

We may sell, transfer or otherwise share some or all of Marco’s business or assets, including information that we process as part of the Marketplace Platform, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Information Security

Marco uses technical, organizational and physical safeguards designed to protect information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We cannot, however, guarantee that any safeguards or security measures will be sufficient to prevent a security problem. See the relevant Customer agreement for additional information regarding Marco’s information security practices.

Data Subject Rights

The relevant Customer is the data controller/data owner of users’ personal information processed through the Marketplace Platform. As the data controller/data owner, the relevant Customer is responsible for receiving and responding to user requests to exercise any rights afforded to them under applicable data protection law. Marco will assist its customers in responding to such requests as set forth in the relevant Customer agreement. You may have several choices regarding use of your information on the Marketplace Platform.

• Cookies. If you decide at any time that you no longer wish to accept cookies from the Marketplace Platform, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the Marketplace Platform. Please consult your browser’s technical information to learn how to exercise this option. If you do not accept cookies, however, you may not be able to use all or portions of the Platform.
• How Marco’s Marketplace Platform Responds to Do Not Track Signals. Some Internet web browsers transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Currently, Marco does not take action in response to these signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Cross Border Data Transfer

Marco may transfer information collected through the Marketplace Platform outside of the country from which it originated, including to the United States. See the relevant Customer agreement for additional information regarding how Marco safeguards the information it transfers across borders.

Data Retention

Marco may retain information for as long as necessary to (a) provide the Marketplace Platform; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of its Customer agreements. See the relevant Customer agreement for additional information regarding Marco’s data retention practices.

Third-Party Products and Services

The Marketplace Platform may integrate with or enable access to third party tools. Users that register, install or access any third-party tools may be required to accept privacy notices provided by those third parties. Please review those notices carefully, as Marco does not control and cannot be responsible for these third parties’ privacy or information security practices.

Age Limitations

Marco does not allow use of the Marketplace Platform by anyone younger than 18 years old. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact the relevant Customer. We will take steps to delete such information from our files as soon as reasonably practicable. We encourage parents or guardians with concerns to first contact the relevant Customer and then, if necessary, contact us.

Changes to this Privacy Statement

Marco reserves the right to modify this Privacy Statement at any time. Similar to Marco’s Marketplace Platform, laws, regulations and industry standards may evolve which may make changes to this Privacy Statement appropriate. Marco will post the changes to this page. Marco encourages you to review the Privacy Statement to stay informed. In accordance with applicable law, Marco will notify you of any material changes in its collection, use, or disclose of your information by posting a notice on its website. If you object to any such changes, you must notify Marco prior to the effective date of such changes that you wish to deactivate your account. Continued use of the Marketplace Platform following the effective date of such changes indicates your agreeing to such changes.

Contact Us

If you have any questions about this Privacy Statement, you can contact our privacy team at help@marcoexperiences.com.