PRIVACY POLICY

Last updated: March 25, 2021

 

This privacy policy provides comprehensive information relating to how we collect, use, and share your personal information and medical information at The Mark, LLC (“The Mark”) and the rights you have in relation to this data. It applies to your use of The Mark’s website and other digital and online services provided by The Mark (“Site”) and describes our privacy practices relating to the Site.

 

Our Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”).

 

1. Contact Information

 

The Mark, LLC

655 New York Avenue NW #830

Washington, DC 20001

 

E-Mail: contact@themarkoffices.com

Phone:  202-638-6300

2.  Applicability

 

Before accessing, using, or interacting with the Site you should carefully review the terms and conditions of this privacy policy. Your use of the Site is further governed by our Terms of Use located here.

 

3. Categories of personal information we collect

 

The data we process is determined by the context in question: for example, it may vary depending on whether you have submitted an inquiry via our contact form, registered for our newsletter or submitted a complaint.

 

We obtain personal information from the following categories of sources:

 

  • directly from you; for example, from forms you complete on our Site

  • indirectly from you; for example, from observing your actions on our Site

 

When you visit our Site, we collect and process the following data:

 

  • name of your Internet service provider

  • information on the website you have visited us from

  • web browser and operating system used

  • the IP address assigned by your Internet service provider

  • information on the pages of our Site(s) that you visit, including date and time

 

When you send us a “Contact” request, we collect and process the following data:

 

  • last name, first name

  • contact data (email address and telephone number)

  • company

  • your message to us (if any)

 

We also keep track of how you use and interact with our Site through the use of cookies and other tracking technologies as listed below.

 

  • Cookies

 

Our Site uses what are known as cookies at multiple points. These are used to make our offering more user-friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser (locally on your hard disk).

 

These cookies enable us to analyze how users use our Site. This means we can design the Site content according to our visitors’ needs.

 

We use both session cookies and permanent cookies. The session cookies are automatically deleted after your visit. Permanent cookies are automatically deleted from your computer when their expiry date is reached or when you delete them yourself before the expiry date.

 

Most web browsers accept cookies automatically. You can usually change your browser's settings if you would prefer not to send the information. Please note, however, that some of the Site’s features may not function properly if you disable cookies.

 

  • Social Media Widgets

 

The Site may contain links to our practice’s social media accounts, such as the Facebook, Instagram, Twitter and LinkedIn platforms. Clicking on any such links means that the respective social network receives information on which website you came from as a user. It is also possible if you are currently logged in to the network in question, that the social network links this information to your account.

 

  • Google Analytics

 

We use Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google uses cookies. The information generated by the cookie on the use of our content by the users is usually transmitted to a Google server in the USA and stored there.

 

Google will use this information on our behalf to evaluate the use of our Site and content by users, to compile reports on the activities within the Site, and to provide us with other services related to the use of our Site content and internet usage. Also, pseudonymous usage profiles of the users may be created from the processed data.

 

Users may prevent the collection by Google of the data generated by the cookie and related to their use of the content and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en

 

If your browser does not support the link to the Browser Add-On from Google (e.g. when using our Site from your smartphone), you can also opt out of data collection by Google Analytics by clicking on the link below. An opt-out cookie is then stored that prevents the future collection of your data when visiting the Site.

 

Click here to opt out of Google Analytics measurements.

 

4.  How we use your personal information

 

We use the information we receive about you for the purposes described in this privacy policy. We generally process personal information received about you through our Site on the legal basis of our legitimate interests in providing the Site and as necessary to provide you with our services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing. We use your data to initiate a business relationship, to fulfill contractual and legal obligations, to conduct the contractual relationship, to offer products and services, and to strengthen the customer relationship, which may include marketing and direct mail.

 

Specifically, we may use your information for the following purposes:

 

  • To improve customer service:  Your information helps us to more effectively communicate with you, respond to inquiries, and to respond to your customer service requests and support needs.

  • To personalize user experience: We may use information in the aggregate to understand how our users as a group use the services and resources provided on the Site.

  • To improve the Site: We continually strive to improve our Site and the services based on the information and feedback we receive from you.

  • To provide products or services and to process transactions.

  • To send periodic emails:  The email address you provide for the services will only be used to send you information and updates pertaining to the services requested. It may also be used to respond to your inquiries, and/or other requests or questions.

  • To develop new products or services:  The Mark uses your personal information for research and commercial purposes.  The information we collect may be used to develop new products or services.  Except as otherwise provided in this Privacy Policy, we may use your personal information internally or, among other things, to offer our own or third party products and services.  Only The Mark, its subsidiaries, its suppliers and contractors involved in distributing the new product or service will have access to your personal information.  Our subsidiaries, suppliers and contractors will be required to use any personal information we provide to them only for that intended purpose and subject to the terms of this Privacy Policy.

  • Fulfillment of Obligations:  Comply with contractual obligations, relevant industry standards and our policies.

  • Security:  Mitigate fraud, enhance the security of the Site and manage institutional risk;

  • For marketing:  Except as otherwise expressly provided for in this Privacy Policy or except as prohibited by applicable law, The Mark may use your personal information to enhance its networking, marketing, social, and recruiting activities, and for other similar business purposes.  We may also use personal information to provide you information regarding new products or services.  Personal information is not shared with entities outside of The Mark other than service providers who assist us in carrying out these business functions.

  • Compliance with applicable law:  We may disclose your personal information at our sole discretion, to determine if it is necessary or reasonably required to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use, or to protect our rights, property or safety, or the rights, property or safety of others.

  • Change in the Site Ownership:  If ownership of the Site or of The Mark changes, whether in whole or in part, information collected through the Site and the services about you may be transferred to the new owner of the Site and/or The Mark, as the case may be, and any services can continue.  In that case, your user information would remain subject to the terms and conditions of the applicable version of the Privacy Policy.

 

5. How we share your personal information

 

We will only share your data with third parties as described herein or within the scope of applicable law or with the appropriate consent. Otherwise, it will not be shared with third parties unless we are obliged to do so due to mandatory legal regulations (disclosure to external bodies such as law enforcement authorities in the United States).

 

  • Within our organization

 

Our standard practice is that individuals who receive data are limited to those who require that data to fulfill their employment, contractual or legal obligations.

 

In many cases, our specialist departments are supported by Service Providers (defined below) to fulfill their tasks.

 

  • With our Service Providers

 

We work with various organizations and individuals to help provide our services to you ("Service Providers"), such as web and data hosting companies and companies providing analytics information. We need to engage such third-party Service Providers to help us operate, provide, and market our services. These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf. Information we share with our Service Providers may include both information you provide to us and information we collect about you, including personal information and information from data collection tools like cookies.

 

We take reasonable steps to ensure that our Service Providers are obligated to reasonably protect your information on our behalf. If we become aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.

 

We share personal information with our Service Providers on the legal basis of our legitimate interests in providing you with our services. Our engagement of Service Providers is often necessary for us to provide the services to you, particularly where such companies play important roles like helping us keep our services operating and secure. In some other cases, these Service Providers aren’t strictly necessary for us to provide our services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our services better.

 

  • To conduct business transactions

 

We may purchase other practices or businesses or their assets, sell our practice or business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets. Your information, including personal information, may be among assets sold or transferred as part of a business transaction. In some cases, we may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our organization to develop over the long term.

 

  • To respond to safety and lawful requests

 

We may be required to disclose your information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the services or using our name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this privacy policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

 

  • Aggregated non-personal information

 

We may disclose aggregated, non-personal information received from providing the services, including information that does not identify any individual, without restriction. We may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal information is not revealed.

 

6. Data retention period

 

We store your data as long as it is necessary for the processing purpose in question. Please note that a number of legally imposed retention periods require data to be stored for extended periods. This relates in particular to commercial or fiscal retention obligations. Unless there are further retention requirements, the data will be routinely deleted after use.

 

In addition, we may retain the information if you have given us your permission to do so, or in the event of legal disputes and we use evidence within the statutory limitation periods.

 

7. Data security

 

The security of your personal information is important to us.  We make commercially reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration, and destruction.  We have implemented security measures consistent with industry standards.  As no data security protocol is impenetrable, we cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information including your personal information is provided by you at your own risk.

 

8. Links to other providers

 

Our Site also contains links to the websites of other companies. Where links to websites of other providers are available, we have no influence as to their content. As a result, no guarantee and liability can be assumed for this content. The content of these pages is always the responsibility of the respective provider or operator of the pages.

 

9. Online offerings for children

 

We do not collect any information from children. Persons under the age of 18 are not permitted to submit any personal information to us without the consent of the legal guardian or a declaration of consent. We encourage parents and guardians to actively participate in the online activities and interests of their children.

 

10. California Privacy Rights

 

Under the California Consumer Privacy Act ("CCPA"), and subject to certain limitations and exceptions, if you are a California resident, you may have the following rights with respect to the information we have collected about you that constitutes personal information under CCPA:

 

  • To request more details about the categories of personal information we may have collected about;

  • To request more details about the specific pieces of personal information we may have collected about;

  • To request deletion of your personal information;

  • To request to receive personal information in a format that will allow its transfer to third parties by you;

  • To opt-out of any "sales" of your personal information (we do not engage in the sale of our customers' personal information, and as such, there is nothing for you to opt-out of at this time);

  • To not be discriminated against for exercising these rights; and

  • A right to sue for security breaches of personal information.

 

Access to specific information and data portability rights

 

You have the right to request that we disclose to you your personal information we have collected about you over the past 12 months from the day of your request. Once we receive and confirm your request, we will disclose to you:

 

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business and commercial purposes for collecting or selling that personal information.

  • The categories of third parties with whom we shared that personal information.

  • The specific pieces of personal information we collected about you.

  • If we “sold” or disclosed your personal information for a business purpose, up to two separate lists may be prepared disclosing:

    • if we “sold” your personal information, “sales”, identifying the personal information categories that each category of recipient “purchased”; and

    • if we disclosed your personal information, disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion request rights

 

You have the right to request that we delete any personal information data that we collected from you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will delete your personal information from our records unless an Exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our affiliates:

 

  • to complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;

  • to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

  • to debug products to identify and repair errors that impair existing intended functionality;

  • to exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

  • to comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

  • to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;

  • to enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

  • to comply with a legal obligation; or

  • to make other internal and lawful uses of that information that are compatible with the context in which you provided it (each an “Exception” and collectively, “Exceptions”).

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • deny you goods or services.

  • charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • provide you a different level or quality of goods or services.

  • suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may still offer you certain financial incentives that can result in different prices, rates or service quality levels as permitted by the CCPA. We do not at this time provide such financial incentives.

 

Exercising access, data portability and deletion rights


To exercise your rights described above, please submit a request to us by either:

  • emailing us at contact@themarkoffices.com and specifying your request type (disclosure, category, or deletion); or

  • calling us at 202-638-6300 and specifying your request type (disclosure, category, or deletion).

 

Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You may be required to provide additional information necessary to confirm your identity before we can respond to your request.

 

You may only make a request for access or data portability twice within a 12-month period. The request must:

  • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

Making a request does not require you to create an account with us. Also, we will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

 

Your authorized agent

 

You have the right to designate an authorized agent to make a request under the CCPA on your behalf.

 

Response timing and format


We will confirm that we received your request within ten (10) days and will respond within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response electronically or, at your option, by mail.

 

Any disclosures we provide will only cover the 12-month period preceding our receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

11. Additional Information for Nevada residents

 

If you are a Nevada resident, you may also have certain rights regarding the sale of personal information. Nevada residents may opt out of the future sale of their information to a third party. By clicking the following link “Do Not Sell My Personal Information” or by emailing us at: contact@themarkoffices.com. Please note, however, that we do not sell any of our customers’ personal information.

 

12. Changes to our privacy policy

 

We may modify this privacy policy from time to time. The most current version of this privacy policy will govern our use of your information and is located at [  link  ]. We will notify you of material changes to this policy by posting a notice at the Site or by emailing you at an email address associated with you, if applicable, and provide an “at a glance” overview of any changes.