Privacy Policy

MK Systems USA Inc. and its wholly owned and operated group companies (each separately and together “MediaKind”) understand that privacy is an important issue for users of MediaKind products and services, for visitors to the MediaKind websites and its related domains, and for our employees and staff contractors.

The MediaKind entity controlling your personal data is the entity with which you interact. In case of interaction with MediaKind’s websites (e.g. mediakind.com, other websites or portals that post a link to this Privacy Policy), the controlling entity is MK Systems USA Inc.

Any personal data provided to, and processed by, MediaKind through our interactions with you (including via our websites, in person, in connection with our products or services, communities, portals, applications or otherwise) will be treated by all of MediaKind group companies in accordance with applicable data protection and privacy laws (including the General Data Protection Regulation, EU Regulation 2016/679, or “EU GDPR”), and in accordance with this Privacy Policy.

This Privacy Policy shall not apply to the extent that a MediaKind group company processes personal data in a processor role where such processing is carried out in accordance with a separately agreed data processing agreement, in which case that agreement shall govern such processing activities.

By visiting our websites, using certain service offerings, or providing us with your personal data, you consent to the collection, processing, and storage of your personal data as described in this Privacy Policy.

To the extent that MediaKind websites include third party advertisements or links, the privacy policy of that advertiser or the owner of the website to which that link redirects you governs the use of any personal data collected during your access to that advertisement or link. MediaKind is not responsible for the content, terms, and conditions or policies of third-party websites.

The following information is designed to help you understand what personal data we collect, and how we handle and use that information.

What information we may collect

The personal data MediaKind collects depends upon the nature of your interaction with us, the products, services, and/or features you use (or that the company you represent uses), websites you use, and decisions you make about providing data, including decisions through privacy settings that you may set on your browser or device or within an application. You may also provide your personal data to MediaKind indirectly through use of third-party websites or applications or MediaKind’s third-party service providers. 

When asked to provide personal data, if you decline (but depending on what that personal data is and the purpose for which it may be collected), your user experience; ability to obtain a product, service, or offer from us; your ability to provide a product or service to us; job application submission; or any other engagement with MediaKind may be impacted. 

MediaKind may collect and process (which depending on the context may simply mean electronically store) some or all of the following personal data:

• Information about you: such as your name, address, email address, telephone number and service details (if applicable), and where the context so requires, such further information as may be relevant to your engagement with MediaKind (e.g. if an employee, we will collect more information about you, details of which will have been notified to you separately);
• Information relating to your use of our website: such as details of your internet protocol (IP) address, domain name, cookie details, browser version and operating system, traffic data, the web pages you viewed, and how long you stayed and location data from your IP address;
• Information relating to your use of our products and/or services: including data that may be collected automatically (depending on your product or service settings) such as IP address, domain name, device type, browser type, broad geographic location (e.g. country or city-level location), and other technical information, together with product and services interests and preferences, other data you may provide us, including from forms you may fill out, products or services you indicate are of interest to you, or details you provide us about a service or support request;
• Correspondence: if you contact us, we will typically keep a record of that correspondence; and
• Payment details: such as bank account details, or credit/debit card number and expiration date.

When and how we collect information

We will mainly collect your personal data directly, through our interactions with you in one or more of the following ways:

• When accessing or using our website(s) or other online services, we may obtain information automatically e.g. via cookies and similar devices, or manually from forms you fill out online;
• When visiting our offices and events (including trade shows) we will collect your name, identification and business contact information and may use camera supervision for reasons of security and safety of persons and belongings, as well as for regulatory purposes.
• When you register for subscriptions, webinars, events (such as tradeshows, seminars and/or workshops) or request marketing material or complete surveys for us you may fill out associated forms or we may note the materials you request or web pages you view;
• When you email us or otherwise contact us, you may provide us your contact information including email address;
• When you send us a service or support request, you may provide us contact information;
• When you purchase our products or services: you may provide us your contact information (and payment information);
• If you apply for a position with MediaKind you may provide us with information about you in connection with that application; if an employee, such further information about you as may be required to enable both you and us to fulfil our respective employment obligations;
• There may also be occasions when we collect personal data about you from third parties, such as business / channel partners, trade press, third-party sites that display MediaKind advertising or content, reference providers, and companies that facilitate badge scanning at trade shows we attend. We will always check that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

How we use information

MediaKind may use your personal data for the following purposes:

• To maintain internal records: in relation to any communications or interactions we have with you.
• To communicate with you: to conduct our business, including responding to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us.
• To provide products, services or information: to process and deal with service or support requests, contract management, fulfilment and provision of products and services, provision of support, invoicing and management of the services or the relationship, or to improve and develop our products and services.
• To inform you of changes: to notify you about changes to our services and products.
• For marketing purposes: to the extent permitted by law, to provide you with updates, offers and communications about our products and services. You can unsubscribe from receiving marketing communications from us at any time in accordance with the process set out in the “Marketing messages” section below. Note that we may combine this information with data obtained from other sources to help us improve its overall accuracy and completeness, and to help us better tailor our interactions with users.
• To process payments: to process payments from our customers or payments to our vendors, contractors or employees.
• To evaluate information you provide us: such as a job application or service experience.
• To help ensure website content is relevant: to help ensure that content from our websites is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers.
• To comply with legal and regulatory requirements: we may process your personal data to comply with our regulatory requirements or dialogue with regulators as applicable, which may include disclosing your personal data to third parties, courts and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so.
• In relation to fraud prevention: we and other organizations that undertake fraud checks may also access and use certain information to prevent fraud as may be required by applicable law and regulation and best practice at any given time. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and may be recorded by us or by them.

We may also disclose your personal data to third party service providers, business / channel partners, and MediaKind group companies who process information on our behalf for the purposes set out above.  We do not sell your personal data to advertisers.

EEA, UK and Swiss data subjects: the following table sets out the lawful basis for processing your personal data in each of the use cases set out above (we adopt the definitions of each lawful basis from Article 6 of the EU GDPR):

Purpose of data processing	Lawful Basis
To maintain internal records:	to allow us to perform our obligations and provide services to you – legitimate interests, contract, legal obligation
To communicate with you:	to allow us to correspond with you and provide services to you – legitimate interests, contract
To provide products, services or information requested:	to allow us to provide, maintain, and improve the quality of, our services and products – legitimate interests, contract, legal obligation
To inform you of changes:	to notify you about changes to our services – legitimate interests, contract, legal obligation
For marketing purposes:	to inform you about our products and services – legitimate interests, consent (which may be withdrawn at any time)
To process payments:	to allow us to perform our obligations, receive / send payments and receive / provide services – legitimate interests, contract
To evaluate information you provide us:	to enable us to perform our obligations and receive / provide services – legitimate interests, contract
To comply with legal and regulatory requirements:	to cooperate with law enforcement and regulatory authorities – legitimate interests, legal obligations
In relation to fraud prevention:	to ensure that you fall within our acceptable risk profile and to assist with the prevention of crime and fraud – legitimate interests, legal obligations

International transfer of information

Since the MediaKind group operates from locations around the globe, your personal data may be transferred across international borders to MediaKind entities in other countries or to third party service providers who process information on our behalf.  A list of MediaKind’s global office locations can be found here: MediaKind – Global Addresses.

Your personal data will only be transferred under terms which provide an adequate level of data protection in accordance with applicable data protection and privacy laws, or otherwise with your consent.

Marketing messages

When required by applicable law, we will only send you marketing messages if you indicate that you consent to receiving such messages. Where we have your consent or are otherwise permitted to do so, we may:

• send you information by email, mail or other methods of communication about existing and new products or services and special offers from us; and
• send you information by email, mail or other methods of communication about webinars, white papers, trade shows or similar events.

To stop receiving marketing communications from us, you can use the ‘unsubscribe’ or similar facility contained in any such communication, or you can email us at the email address set out in “Contact us” below, stating that you do not wish to receive further communications from us.

Security and Safeguards

MediaKind has implemented and maintains administrative, technical, organizational, and physical measures designed to provide an appropriate level of security to protect and safeguard personal data in accordance with this policy and applicable laws and regulations, against unauthorized access, use, alteration, and disclosure. Such measures take into account the nature of the data and the processing, the state of the art, the costs of implementation, and the potential for impact to the rights and freedoms of individuals whose data is being processed, and include, by way of example, encryption in transit, two-factor authentication, and strict access controls. We also require that our third-party service providers protect personal data against unauthorized access, use, alteration, and disclosure.

Data Retention

MediaKind will retain personal data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

Children/Minors

MediaKind does not knowingly collect personal data directly from children under the age of 16 without appropriate parental or legal guardian consent. We may collect personal data regarding children under the age of 16 from their parent or legal guardian, but only as necessary to provide our products and services to our customers and partners.

If you are a parent or legal guardian and you think your child under 16 has given us information, please contact us using the contact details provided under the “How To Contact Us” heading below.

Cookies

For details of cookies and used by MediaKind to collect certain data, please see MediaKind’s Cookie Policy. 

Your Rights

Your right to privacy and how your personal data is protected will be subject to the laws and regulations applicable to your place of residence. You may have the right to ask us to do the following (though some of the rights stated below may not be available to you and exemptions may apply, e.g. to safeguard the public interest):

• provide you with further details on how we use and process your personal data;
• rectify inaccuracies in the personal data, and complete any incomplete personal data, that we process about you;
• delete personal data we no longer have grounds to process;
• restrict how we process your personal data while we consider an inquiry you have raised;
• where processing is based on your consent, withdraw the consent;
• lodge a complaint with a supervisory authority;
• object to any processing of personal data that we process on the “legitimate interests” or “public interests” grounds, unless our reasons for the underlying processing outweigh your interests, rights and freedoms; and
• object to direct marketing (including any profiling for such purposes) at any time as set out in the “Marketing Messages” section above.

If you have the right to do so, you can exercise these rights by contacting us (see the “How to contact us” section below).

Changes To This Policy

MediaKind may, from time to time, make changes to this policy to reflect changes in legal, technical, or business operations. We recommend that you re-visit this policy regularly to check for changes.

How To Contact Us

If you wish to send us a request relating to your personal data, please contact us at privacy@mediakind.com.

For general enquiries, please contact us using this form: Contact Us.

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