1. PERSONAL INFORMATION COLLECTION.
We may collect information that, alone or in combination with other reasonably available information, can reasonably identify or relate to a specific individual or household (“Personal Information”) as follows:
1.1 Information You Provide: We collect Personal Information you voluntarily provide, such as when you register and use the Services, request information about or a demo of the Services, sign up for our newsletter, or chat with a bot on our Site. This Personal Information may include, but is not limited to your name, email address, phone number, physical address or zip code, account information (such as a password or other information that helps us confirm that it is you accessing your account) and demographic or other information about your interests and preferences. We will may also collect payment information (typically, credit card or bank account information) if you choose to purchase products or services through the Services.
1.2 Information Provided By Our Partners: If you are an authorized user, the Partner by whom you are employed or with whom you are associated may provide your Personal Information to register you to use the Services. This Personal Information includes, but is not limited to, your name, email address, phone number, and any other Personal Information our Partners may choose to provide.
1.3 Information Collected Automatically: We and our analytics providers, vendors and other service providers may automatically collect certain “Usage Information” whenever you access and use the Sites or certain Services. In addition, we automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device (any, a “Device”) you may use to access the Sites or Services. A Device Identifier is a number that is automatically assigned to your Device used to access a Service, and our servers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our service providers with information regarding the physical location of the Device used to access a Service, internet service provider (ISP), date and time of your visit, browser language, browser type, referring and exit pages and URLs, amount of time spent on particular pages, which parts of our Services you use, which links you click, search terms, operating system, traffic and related statistics, keywords, and/or other general browsing or usage data. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
Usage Information is collected via tracking technologies, including:
Cookies: Cookies are small text files stored on your computer that allow us to personalize the content of our Services. For more details on cookies please visit All About Cookies. Our Sites and certain Services may utilize Cookies to improve your current and future experience by allowing us to understand your usage of our Services and remember your settings and account configuration. For example, cookies help our systems recognize you if you return to our Services shortly after exiting them. Cookies can be turned off via your browser settings if you so choose. However, if you turn your cookies off, some features of our Services may not function properly.
Web Beacons: We, as well as our affiliate program partners, service providers, and other third parties, may employ a software technology called clear gifs (or “web beacons”), that help us better manage content on our Services by informing us of what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users for our affiliate program. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. This information is used to help improve the overall quality and experience of our Services. We tie the information gathered by clear gifs to our customers’ Personal Information.
An Embedded Script: We and service providers may use an embedded script, which is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or that of a service provider, and is deactivated or deleted when you disconnect from the Services. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
Flash & HTML5: We use Local Storage Objects (“LSOs”) such as HTML5 to store content, information and preferences, such as the messages you exchanged with the Services, to optimize the performance of the Services and provide certain features. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML5 & Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here.
2. OUR USE OF YOUR INFORMATION.
3. INFORMATION SHARING.
- Service Providers: We will share your Personal Information with unaffiliated entities that provide services to us or our Partners in connection with the Services, such as companies that provide hosting and other IT services, send messages and emails through the Services or on our behalf, offer customer service, process payment information, or target and serve our advertisements. To the extent feasible, these service providers are subject to confidentiality obligations which limit their use and disclosure of such information.
- With Your Consent: We may share your Personal Information with third parties with your consent (if permissible under applicable law) provided at the time you provide us with information.
Mainstay may share non-Personal Information, such as aggregate or de-identified user statistics, demographic information, Usage Information, and related insights with our Partners and third parties, including advertisers, content providers, and analytics providers, for our marketing and advertising purposes.
4. THIRD PARTY AD NETWORKS AND ANALYTICS PROVIDERS.
We work with network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Services, including the pages viewed and the actions users take when visiting the Services; to serve our advertisements on other websites, within mobile apps, and elsewhere online; and to provide us with information regarding the use of the Services and the effectiveness of our advertisements. For example, if you click on an Mainstay advertisement, our service provider(s) may be able to tell us the advertisement you clicked on and where you were viewing the advertisement.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” (DNT) signal to websites and online service you visit. DNT is a privacy preference that users can set in certain web browsers to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. However, we do not recognize or respond to browser-initiated DNT signals, as the internet industry is still working to determine what DNT means, how to comply with DNT, and how to create a common approach to responding to DNT. To find out more about “Do Not Track”, please visit http://www.allaboutdnt.com.
5. MOBILE USE.
You may be able to opt-in to receiving text messages from Mainstay. You may always opt-out by replying “#pause” or “STOP” to one of the text messages received. You also acknowledge and agree that use of the Services through a mobile device may cause data to be displayed on and through your mobile device which may be viewed by your mobile carrier or other access provider.
6. YOUR RIGHTS
6.1 Updating your Account Information and Control over Mainstay Emails.
You may be able to review the information you provided to us on a Service and make any desired changes to the information, or to the settings for your account on that Service, by logging in to your account for that Service and editing or deleting the information. You also may be able to limit the information you receive from us by adjusting your settings. All changes to your email settings and preferences must be made in your account preferences page on the applicable Service or by using the unsubscribe button at the bottom of the Mainstay email. However, we reserve the right to send you information on our behalf and on behalf of our Partners in connection with providing the Services. If you no longer want to receive information from us, you will need to close your account for that Service.
6.2 Closing Your Account.
We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us via email at [email protected]
7. THIRD PARTY CONTENT AND SERVICES.
Certain content provided through the Services may be hosted and served by third parties, including our Partners, and may include third party widgets, such as those that allow you to “like” or “share” content with third party web sites and online services. In addition, the Services may link to third party web sites or content over which Mainstay has no control and which are governed by the privacy policies and business practices of those third parties. Please also note that Mainstay content and widgets may be included on web pages and web sites that are not associated with us and over which we have no control. These third parties may independently collect data. Mainstay is not responsible or liable for the privacy practices or business practices of any third party.
Mainstay takes data security very seriously. Mainstay takes commercially reasonable technical, physical, and administrative security measures to protect the Personal Information submitted to us, both during transmission and once we receive it. Such measures vary depending on the sensitivity of the information at issue. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. In the event that Mainstay becomes aware of a data breach impacting your Personal Information, we will provide notification in compliance with all applicable laws. If you have any questions about security on our Services, you can email us at [email protected]
9. INTERNATIONAL USERS.
The Services are operated in the United States and intended only for Users located in the United States. However, if you access the Site or the Services from outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Services, submitting any information on the Site, or otherwise providing us with any information, you fully understand and acknowledge this transfer, processing and storage of your information in the United States. We rely on our EU-U.S. Privacy Shield certification to transfer Personal Information that we receive from the EU and the United Kingdom (UK) to Mainstay in the U.S. (for more information, please read the “EU-U.S. Privacy Shield” section below).
10. EU-U.S. PRIVACY SHIELD
Mainstay’s Accountability for Data Processing. As described in the Privacy Shield Principles, Mainstay is accountable for Personal Information that it receives and subsequently transfers to third parties. If third parties that process Personal Information on our behalf do so in a manner that does not comply with the Privacy Shield Principles, we are accountable, unless we prove that we are not responsible for the event giving rise to the damage.
Choice. You may opt out of (i) the disclosure of your Personal Information to third parties that do not provide services to us and/or (ii) uses of your Personal Information for purposes that are materially different from the purposes for which the Personal Information was collected unless you have authorized such different purposes. To exercise these rights, please contact us at [email protected] as described below.
Access. Users in the EU and the UK have certain rights to access, correct, amend, or delete Personal Information where it is inaccurate, or has been processed in violation of the Privacy Shield Principles.
Independent Recourse Mechanism. Mainstay has further committed to refer unresolved Privacy Shield complaints to BBB EU Privacy Shield, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit https://www.bbb.org/EU-privacy-shield/file-a-complaint/ for more information or to file a complaint. The services of BBB EU Privacy Shield are provided at no cost to you.
11. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS.
In accordance with the California Consumer Privacy Act (“CCPA”), this section is intended to inform California residents of (1) the Personal Information that we collect and how we disclose that information, and (2) the privacy rights California residents may have relating to their Personal Information and how those rights can be exercised.
Personal Information Collection and Disclosure
- Categories of Personal Information Collected: In the past 12 months, we have collected the following categories of Personal Information, as described in greater detail in the “Personal Information Collection” section above:
- Identification Information, such as your name, email address, phone number, physical address or zip code, account information (e.g., password or other information that helps us confirm that it is you accessing your account), and Device Identifiers.
- Demographic Information, as well as information about your interests and preferences.
- Online Activity Information, such as the Device used to access a Service, your internet service provider (ISP), date and time of your visit, browser language, browser type, operating system referring and exit pages and URLs, amount of time spent on particular pages, which parts of our Services you use, which links you click, search terms, traffic and related statistics, the location of the Device, keywords, and/or other general browsing data or Usage Information.
- Commercial Information, such as purchase, payment (e.g., credit card or bank account information), and billing information if you choose to purchase products or services through the Services.
- Sources of Personal Information: We collect the above categories of Personal Information from you, our Partners, our analytics providers, vendors, service providers, and as otherwise described in the “Personal Information Collection” section above.
- Purposes of Collection and Disclosure: We collect and disclose the above categories of Personal Information for the business and commercial purposes described in the “Our Use Of Your Information” and “Information Sharing” sections above.
- Categories of Personal Information Disclosed for a Business Purpose: In the past 12 months, we have disclosed for a business purpose all of the above categories of Personal Information to service providers and as described in the “Information Sharing” section above.
- Categories of Personal Information Sold: Mainstay does not make your Personal Information available for purchase or otherwise share your information in exchange for monetary compensation. Certain sharing of your information, however, may be considered a “sale” under the CCPA’s broad definition. In particular, in the last 12 months, if you have visited our Sites, we may have shared your Identification Information, Demographic Information and Online Activity Information with advertising partners to match and serve our targeted advertisements on third party websites. (You can find additional information about how you can control cookies here.) See below for information about how to opt out of the sharing of your Personal Information for these purposes.
California Privacy Rights
To the extent provided for by the CCPA and subject to applicable exceptions and exclusions, California residents have the following privacy rights in relation to the Personal Information we collect:
- The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information.
- The right to request deletion of your Personal Information.
- The right to opt out of the sale of your Personal Information.
- The right to be free from discrimination for the exercise of your privacy rights.
Additionally, under California Civil Code Section 1798.83, California residents may have the right to request the categories of Personal Information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties.
Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents: You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, we may require the agent to present signed written permission to act on your behalf and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.
11. QUESTIONS OR COMMENTS.