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Last Updated: December 5th, 2022
Thank you for visiting Markley’s website and reviewing this Website Privacy Policy. Our Website Privacy Policy explains how we handle the information you provide to us when you visit us online.
This policy informs you of our practices regarding the collection, use, and disclosure of personal data when you use our website and the choices you have associated with that data. We use your data to provide and improve the website. By using the website, you agree to the collection and use of information in accordance with this policy. This policy also describes your choices regarding access to, and use and correction of, personal information that Markley maintains about you.
Markley understands and respects an individual’s right to be informed, right of access, right to rectification, right to erasure, right to restrict process, right to data portability, right to object and rights in relation to be automated decision making and profiling. An individual always has the right to object processing for the purposes of direct marketing, whatever lawful basis applies. An individual also has the right to erase personal data which has been processed unlawfully. An individual has the right to be informed of how their personal data is being used throughout Markley. Therefore, Markley will provide people with information about Markley’s lawful basis for processing in the form of a privacy notice.
Individuals can contact our Chief Privacy Officer and Compliance Department by emailing privacy@markleygroup.com and/or calling (617) 451-6464 with any questions, comments, or requests about their personal data.
Markley Group, Compliance Department
One Summer Street, Fifth Floor
Boston, MA, 02110
If you believe you have suffered harm due to a breach of your rights by Markley under this privacy policy, and Markley has not handled your complaint in a reasonably sufficient manner, any UK/EU resident may also file a complaint with the applicable supervisory authority. The EU Commission has a list of data protection authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
We may update this policy from time to time. We will notify you of any changes by posting the new policy on this page. You are advised to review this policy periodically for any changes. Changes to this policy are effective when they are posted on this page.
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
We collect personal identifiable information, usage data, and tracking & cookie data.
Personal Identifiable Information (PII): When you visit our Site or email us we collect information sent to us by your computer, mobile phone, or other access device—some of which may be deemed Personal Information. The information sent to us may include but is not limited to the following: information about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad information, and standard web log Information and other information. We may also collect anonymous information through our use of cookies and web beacons.
You may provide PII to us when you send us an e-mail message or request information, fill out a form or survey, or submit contact information on our site. We do not require you to register or provide PII to visit our website. We do collect some technical information that does not include PII when you visit to make your visit seamless. The information below explains how we handle and collect information when you visit our site.
Sensitive PII in the form of account information may also be collected.
Usage Data: When using our website, we collect information about how the Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookie Data: We use cookies to track the activity on our Site and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our website and stored on your device. These cookies are used to collect information about how you interact with our website and allow us to remember you. We use this information to improve and customize your browsing experience and for analytics and metrics about our visitors both on this website and other media. Tracking technologies may also include beacons, tags, and scripts to collect and track information and to improve and analyze the Site.
Examples of Cookies we use:
Independent of the Site, you can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
Upon navigating to the Site, a banner is displayed allowing you to agree to or decline the use of cookies by the Site. By selecting “Agree”, continuing to browse, or closing this banner, you agree to the use of cookies that our website stores on your computer. By declining, your information won’t be tracked. A single cookie will be stored to remember your preference. If you do not agree to the use of cookies, you may not be able to use some portions of our Site.
Markley may use your information for any purpose not inconsistent with our statements in this policy or prohibited by applicable law, including to:
We may in some cases use automated decision making, if it is authorized by legislation, if you have provided explicit consent or if it is necessary for the performance of a contract. For example, automated credit approval process. You can always request a manual decision-making process instead, express your opinion or contest decision based solely on automated processing, including profiling, if such decision would produce legal effects or otherwise similarly significantly affect you. When using automated decision-making, we will provide you with further information about the logic involved, as well as the significance and the potential consequences to you.
Your personal data may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Markley will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
We may share your Personal Data within Markley, and externally with third parties as discussed below.
When we share your Personal Data, we enter into a contractually binding agreement with the recipient of the Personal Data which requires the recipient to comply with the European Union ("EU") General Data Protection Regulation ("GDPR"), the UK GDPR, the Canadian Personal Data Protection and Electronic Documents Act ("PIPEDA"), as well as any implementing regulation thereof of any jurisdiction, and any applicable data privacy laws and regulations of the United States or any US state, Canada, or any other relevant jurisdictions.
Internally, Within Markley. We may share your Personal Data internally, within Markley. This may involve sharing your Personal Data outside of the EEA and the UK.
Service Providers. We may share the Personal Data we collect from you with third party vendors, service providers, sub-processors, monitoring services, contractors or agents who perform functions on our behalf. We only share Personal Data with our service providers for the purpose of performing services on our behalf. We require that these parties only process the Personal Data for limited and specified purposes consistent with this Policy.
In Response to Legal Process. We also may share the Personal Data we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We also may share the Personal Data we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
Website Improvement. We may disclose data we collect from and about you in aggregate anonymous form for the purpose of improving our site and services generally. This may include combining data about you (in anonymous form) with data we have about other individuals (in anonymous form), and transferring the combined data to third parties.
Other Purposes. If we would like to share your Personal Data for any purposes other than those described, we will obtain your prior consent, unless there are other lawful bases for processing your Personal Data (please see Section 7, below).
We process Personal Data in accordance with all applicable data privacy laws and regulations. If you are located in the European Union or Switzerland, the GDPR applies.
If you are located in the UK, the UK GDPR applies. Under GDPR, there are six lawful bases for processing of Personal Data:
Consent and Performance of a Contract are the two lawful bases that are most appropriate when we process Personal Data.
Generally, Consent is the most appropriate lawful bases when: Individuals freely consent to our processing of their Personal Data after being fully informed (e.g., specific purposes, right to easily withdraw at any time).
Generally, Performance of Contract is the most appropriate lawful bases when: Our Services are purchased and used, we need to process Personal Data to fulfill our obligations under the written agreements.
You always have the right to opt-out and restrict all further processing of your Personal Data by using this link to Opt-Out or by emailing privacy@markleygroup.com.
We typically only retain your Personal Data for the time necessary to realize our legitimate business purposes and to comply with the law.
We will not disclose your personal data to third parties except as follows:
We may disclose data we collect from and about you in aggregate anonymous form for the purpose of improving our site and services generally. This may include combining data about you (in anonymous form) with data we have about other individuals (in anonymous form), and transferring the combined data to third parties.
This web site may contain links to non-affiliated websites. Your use of any third-party site, including the submission of personal information, will be governed by the terms and conditions of the site operator. Markley is not responsible for the practices or content of any third-party site, even if we provide a link from our website.
Our Site does not target and is not intended to attract children or minors under the age of 16. Markley does not knowingly solicit personal information from children or minors under the age of 16 or send them requests for personal information. If you believe we have collected personal information from a person under 16 years old without the consent of their parent or legal guardian, please let us know immediately by contacting us as indicated in this Policy and providing sufficient information so we can act appropriately.
The Site may contain hyperlinks to other web sites operated by parties other than Markley. Such hyperlinks are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Markley, and Markley has no control over and is not responsible for the content, privacy policies, or practices of that other web site. In addition, a link to any other web site does not imply that Markley endorses or accepts any responsibility for the content, availability or use of that web site, or of any product or service provided by a third party.
Rights for EEA and UK Residents
If you are a resident of the EEA or the UK, you have the right to:
Find out if we use your Personal Data, to access your Personal Data, and receive copies of your Personal Data.
Withdraw any express consent that you have provided to the processing of your Personal Data at any time without penalty.
Access your Personal Data and have it corrected or amended if it is inaccurate or incomplete.
Obtain a transferable copy of some of your Personal Data which can be transferred to another provider when the Personal Data was processed based on your consent.
If you believe your Personal Data is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Data, you also have the right to request that we restrict the processing of your Personal Data pending our investigation and/or verification of your claim.
Request your Personal Data be deleted or restricted under certain circumstances. For example, if we are processing your Personal Data on the lawful basis of your consent and have no other lawful basis to process such, you may request your personal data be deleted when you withdraw your consent.
If you wish to exercise any of these rights or raise a complaint on how we have handled your Personal Data, please contact us at the Contact Us details below.
Markley Group, Compliance Department
One Summer Street, Fifth Floor
Boston, MA, 02110
(617) 451-6464
Pursuant to California's "Shine The Light" law (California Civil Code § 1798.983), California residents are entitled to request, once a year and free of charge, certain information regarding what types of their Personal Dat may be shared with third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. Under this law, a business is to either provide California customers certain information upon request or permit California customers to opt-out of this type of sharing. You may request this information by contacting us at privacy@markleygroup.com and indicate in the e-mail subject line, "California Shine The Light Request." Please include your mailing address, state of residence and e-mail address with your request.
The California Consumer Privacy Act (CCPA) and The California Privacy Rights Act (CPRA) provides California consumers enhanced rights with respect to their Personal Data that is collected by businesses. First, California consumers may opt-out of having their Personal Data sold to other persons or parties.
Second, California consumers have the following rights:
Markley is covered under the CCPA/CPRA as we collect and process the Personal Data of California consumers. This Policy provides the required notices to California consumers. The CCPA also prohibits covered businesses from providing discriminatory treatment to California consumers if they exercise their rights under the Act.
With your consent, Markley may sell your Personal Data to third parties. You can request to opt-out of the sale of your Personal Data at any time by completing the online form titled "Do Not Sell or Share My Personal Information" or by sending us an e-mail at privacy@markleygroup.com. Please put "Request to Know" in the subject heading of your email along with the specific request in the body of the email.
You may also submit these requests by mailing your request to address in the United States to:
Markley Group, Compliance Department
One Summer Street, Fifth Floor
Boston, MA, 02110
Under the CCPA, we have 15 days after receipt to implement a request to opt-out.
We will confirm receipt of your request to know within 10 days along with a description of what steps we will take to verify and respond. We must provide the requested information or delete your Personal Data within 45 days of receipt of your request but can use an additional 45 days, but we will let you know additional time is needed.
When contacting us, we may ask you to provide certain, limited Personal Data, such as your name, e-mail address to verify your request and to match with our records and systems. We will not retain this Personal Data or use it for any other purpose. And we need to search our records and systems only for the preceding 12 months.
Residents of other states may also have similar rights to request information about or delete their Personal Data. To inquire about exercising these rights, please contact us at privacy@markleygroup.com.
