Privacy Policy And Data Protection

LAST UPDATED March 9, 2025

MARKETING AGENCY PRIVACY POLICY

LAST UPDATED: March 9, 2025

INTRODUCTION

Monorail Marketing ("Agency," "we," "us," "our") respects your privacy and is committed to protecting it through compliance with this Privacy Policy. This Privacy Policy describes how we collect, use, disclose, and protect the personal information we gather through our business operations, website, client services, and marketing activities.

We understand that as a marketing agency, we are entrusted with sensitive information from both our clients and their customers. We take this responsibility seriously and have designed this Privacy Policy to transparently communicate our data practices.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices, you have the choice not to use our services. By accessing our website, engaging our services, or providing us with information, you agree to this Privacy Policy.

1. INFORMATION WE COLLECT

1.1 Information You Provide to Us

We may collect several types of information from and about you, including:

Contact Information: Name, email address, postal address, phone number, job title, and company name.Account Information: Login credentials, account preferences, and service selections.Financial Information: Billing address, payment information, and transaction history.Client Marketing Assets: Brand guidelines, logos, images, videos, product information, and marketing content.Campaign Information: Marketing objectives, target audience data, campaign preferences, and performance goals.Communications: Records of your questions, concerns, or customer service inquiries, as well as any feedback or responses you provide.Client Customer Data: When you engage us for marketing services, you may share information about your customers or prospects (such as customer lists, demographic information, or behavioral data).

1.2 Information We Collect Automatically

When you interact with our website or digital services, we may automatically collect certain information, including:

Usage Data: How you use our website, which pages you visit, the time spent on those pages, and the functionality you access.Device Information: Information about your computer, internet connection, operating system, browser type, IP address, and device identifiers.Location Information: General location data based on IP address.Cookies and Similar Technologies: We use cookies, web beacons, and similar technologies to enhance your experience, gather general visitor information, and track visits to our website. Please refer to our Cookie Policy for more details.

1.3 Information From Third Parties

We may receive information about you from third parties, including:

Business Partners: Contact information, preferences, interests, and other information shared by business partners with whom we offer co-branded services or promotional offers.Service Providers: Information from third-party vendors who help us operate our business, such as payment processors, analytics providers, or customer service platforms.Public Sources: Information available in public databases, social media profiles, or other publicly available sources that is relevant to our business relationship.Marketing and Analytics Platforms: Data from advertising networks, analytics providers, and marketing services that help us understand the effectiveness of our marketing efforts.

2. HOW WE USE YOUR INFORMATION

We use the information we collect for various business and commercial purposes, including to:

2.1 Provide and Manage Services

Deliver the marketing services you've requestedCreate and manage your accountProcess payments and fulfill contractual obligationsRespond to your inquiries and provide customer supportCommunicate with you about service updates, changes, or relevant marketing information

2.2 Improve and Develop Services

Analyze and enhance our service offeringsResearch and develop new features or servicesUnderstand how users interact with our website and servicesFix operational problems and address technical issuesTrain our staff and improve our processes

2.3 Marketing and Promotion

Deliver relevant marketing communications about our servicesProvide personalized content and experiencesMeasure and analyze the effectiveness of our marketing campaignsFacilitate contests, promotions, or surveysPresent targeted advertising based on your interests and interactions

2.4 Legal and Operational Purposes

Enforce our Terms of Service and other legal rightsDetect, investigate, and prevent fraudulent or illegal activitiesComply with applicable laws, regulations, and legal processesProtect the safety, security, and integrity of our agency, services, clients, and websiteMaintain appropriate business records and documentation

3. HOW WE SHARE YOUR INFORMATION

We may share your personal information with the following categories of recipients:

3.1 Service Providers

We share information with third-party vendors, consultants, and other service providers who need access to such information to perform work on our behalf, such as:

Cloud service providers for data storagePayment processors for handling transactionsAnalytics companies for business intelligenceEmail service providers for communicationsCRM platforms for client relationship managementMarketing technology providers for campaign execution

3.2 Business Partners

We may share information with business partners with whom we jointly offer products or services, or whose products or services may be of interest to you.

3.3 Marketing Agency Networks

If we are part of a larger agency network or have agency partnerships, we may share information within this network to provide integrated services.

3.4 Legal Requirements

We may disclose information:

In response to a subpoena, court order, or legal processTo comply with any applicable law or regulationTo protect the rights, property, or safety of our agency, our clients, or othersIn connection with investigations into potential fraud or illegal activities

3.5 Business Transfers

If our agency is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets, your information may be transferred as part of that transaction.

3.6 With Your Consent

We may share your information with third parties when you have consented to such sharing.

3.7 Client Data Processing

When processing data on behalf of our clients:

We act as a data processor and follow the client's instructionsWe implement appropriate safeguards as defined in our service agreementsWe do not use client customer data for our own purposes outside of providing contracted services

We do not sell your personal information to third parties.

4. DATA SECURITY

We implement reasonable and appropriate security measures designed to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Our security practices include:

Encryption of sensitive informationAccess controls and authentication measuresRegular security assessmentsEmployee training on privacy and security practicesIncident response planningPhysical security for our facilities

5. DATA RETENTION

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:

The duration of our business relationship with youLegal obligations to retain data for certain periodsRelevant statutes of limitationsOngoing business needs, such as maintaining financial records or resolving disputes

When personal information is no longer necessary for the purposes for which it was collected, we will securely delete or anonymize it, unless retention is required by law.

6. YOUR CHOICES AND RIGHTS

Depending on your location, you may have certain rights regarding your personal information. These may include:

6.1 Access and Information

You may have the right to request information about how we process your personal information and to receive a copy of the personal information we maintain about you.

6.2 Correction

You may have the right to request that we correct inaccurate or incomplete personal information that we maintain about you.

6.3 Deletion

You may have the right to request that we delete personal information that we maintain about you, subject to certain exceptions.

6.4 Restriction and Objection

You may have the right to request that we restrict processing of your personal information or to object to certain processing activities.

6.5 Data Portability

You may have the right to receive your personal information in a structured, commonly used, and machine-readable format.

6.6 Consent Withdrawal

Where we process personal information based on your consent, you have the right to withdraw that consent at any time.

6.7 Marketing Preferences

You can opt out of receiving our marketing communications at any time by:

Following the unsubscribe instructions included in our marketing emailsContacting us at the information provided belowAdjusting your communication preferences in your account settings

6.8 Exercising Your Rights

To exercise your rights, please contact us using the information provided in the "Contact Us" section below. We may need to verify your identity before responding to your request. We will respond to legitimate requests within the timeframes required by applicable law.

7. INTERNATIONAL DATA TRANSFERS

As a marketing agency, we may operate internationally and transfer your personal information to countries other than your country of residence. When we do so, we ensure appropriate safeguards are in place to protect your information and comply with applicable data protection laws.

These safeguards may include:

Data transfer agreements incorporating standard contractual clauses approved by regulatory authoritiesCertification mechanisms like the EU-U.S. Data Privacy FrameworkBinding corporate rules for transfers within our corporate groupContractual commitments from recipients to protect your information

8. CHILDREN'S PRIVACY

Our services are not directed to children under the age of 16, and we do not knowingly collect personal information from children. If we learn that we have collected personal information from a child under 16, we will take steps to delete such information from our files as soon as possible.

If you believe we might have any information from or about a child under 16, please contact us using the information provided below.

9. THIRD-PARTY WEBSITES AND SERVICES

Our website may contain links to third-party websites, and our services may integrate with or use third-party services. This Privacy Policy does not apply to those third-party websites or services, and we are not responsible for the privacy practices of such third parties. We encourage you to review the privacy policies of any third-party websites or services that you use.

10. CALIFORNIA PRIVACY RIGHTS

California residents may have additional rights regarding their personal information under California privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

10.1 California Consumer Rights

If you are a California resident, you may have the right to:

Know what personal information we collect, use, disclose, and sell about youRequest deletion of your personal information, subject to certain exceptionsOpt-out of the "sale" or "sharing" of your personal informationCorrect inaccurate personal informationLimit the use and disclosure of sensitive personal informationNot be discriminated against for exercising your rights

10.2 Shine the Light Law

California's "Shine the Light" law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year.

10.3 Do Not Track

Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in our Cookie Policy.

11. EUROPEAN PRIVACY RIGHTS

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have certain rights under applicable data protection laws.

11.1 Legal Basis for Processing

When we process your personal information, we will rely on one of the following legal bases:

Performance of a contract with youCompliance with a legal obligationOur legitimate interests, which do not override your fundamental rights and freedomsYour consent

11.2 Data Controller vs. Processor

For our website visitors and direct clients, we generally act as a data controller. When providing marketing services to our clients, we typically act as a data processor processing data on behalf of our clients, who are the data controllers.

11.3 Data Protection Officer

We have appointed a Data Protection Officer who can be contacted at [[email protected]].

12. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. We will post the revised Privacy Policy on our website with an updated effective date. If we make material changes to this Privacy Policy, we will notify you by email or through a notice on our website before the changes take effect.

We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information.

13. CONTACT US

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:

We will respond to your inquiry promptly and work to resolve any concerns you may have.

By using our services or interacting with our website, you acknowledge that you have read and understood this Privacy Policy.