MDC Partners Privacy Policy
Updated and effective as of October 2, 2020.
This privacy policy (the “Privacy Policy”) applies to MDC Partners Inc., (the “Company”, “us”, “our” or “we”) website, located at mdc-partners.com, and any other websites owned or operated by the Company on which this Privacy Policy appears (collectively, the “Website”).
The purpose of this Privacy Policy is to disclose to you what information the Company may collect, how the Company may collect and use it, with whom the Company may share it, and certain other matters related to such information, including the choices you have regarding the Company’s collection of information and the Company’s use and disclosure to other parties of information the Company may have collected from you. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing information about you so that you are fully aware of how and why we are using your information. This privacy policy supplements such other policies and is not intended to override them.
ACCEPTANCE / NOTIFICATION OF CHANGES TO THE PRIVACY POLICY
By using the Website, you signify your agreement to the terms of this Privacy Policy. The Company may amend this Privacy Policy at any time. If the Company makes a material change to the way in which the Company collects, uses, and/or shares your personal information, the Company will post a notice on the Website and / or send an email to users who have provided an email address. The Company will assume that you have given your permission for your information to be used under the terms of the Privacy Policy, as modified, if you do not respond to the Company email within thirty days or continue to use the Website thirty days after a notice is posted. Please note that you should always update your personal information to provide the Company with a current email address.
TYPES OF INFORMATION THAT MAY BE COLLECTED FROM YOU DIRECTLY
Generally, you may provide us directly with personal information through our contact pages, by registering an account with us, by email, by responding to our communications, by seeking employment with us, or some other means. Personal information means information that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you as an individual. Categories of personal information we collect directly from you include identity data (e.g., name or other similar identifiers), and contact data (e.g. mailing address, email address, telephone number). We may also collect other information that you directly provide us including marketing and communications data (e.g. your preferences in receiving marketing from us or the content of your communications to us).
Email Communications
When you open emails from the Company, the Company may receive a confirmation notifying the Company that you opened the email, if your device supports such capabilities. The Company also may keep track of what emails the Company sends you and what emails you may be receiving from the Company’s subsidiaries and affiliates. Additionally, the Company keeps a record of what communications you have opted to receive or not to receive.
TYPES OF INFORMATION THAT MAY BE COLLECTED FROM YOU AUTOMATICALLY
When you visit the Website, we may automatically collect certain information, including personal information, that does not directly identify you, such as Internet Protocol (IP) address, the type of browser or device operating system you use, the domain name of the website from which you linked to us, the amount of time you spend on the Website, the pages on the Website that you view, clickstream data, downloads, anonymized demographic information such as age and gender, and other log file data and may aggregate information in a manner which does not identify any individual (“Aggregate Information”).
Cookies and Similar Technologies
As with many websites, we may use “cookies” or similar types of files (such as clear gifs, web beacons, tags, and similar devices including devices that function in the mobile environment) for the purpose of facilitating and enhancing your communication and interaction with the Website. By accessing our Website you agree that we and certain third party business partners and service providers may use such cookies and similar technologies which may be used to identify your browser software used to visit the Website, and to analyze the traffic patterns on the Website. Cookies may also be used to understand how many people visit the Website and where visitors go on the Website, and the number times a user has been on certain pages. For registered users, cookies can make using the Website easier for you by saving information such as your passwords or preferences. By tracking how and when you use the Website, cookies help the Company determine which areas are popular and which are not. Many improvements and updates to the Website are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Website. The cookies we use include session cookies, i.e., cookies that will persist only until you end your session on our Website, and persistent cookies, i.e., cookies that persist even after you end your session on our Website.
We may also use and place cookies on your device from our third party service providers in connection with the Website, such as an analytics provider that helps us manage and analyze Website usage. An example of such third party is Google Analytics, which we use to collect and analyze demographic and other information, and through which Google will collect certain information to be used according to Google’s privacy practices. To opt-out of the use of Google Analytics, click here.
If you do not want information collected through the use of cookies, you may stop or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Some areas of the Website, however, may not provide you with a personalized experience if you have disabled the use of cookies. You can find more information about the individual cookies we use and the purposes for which we use them in the Cookie Policy below.
Web Beacons and Other Tracking Technology
The Website may use a variety of technical methods for tracking purposes, including Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of web sites. We also use these technical methods to analyze the traffic patterns on the Website, such as the frequency with which the Company users visit various parts of the Website. These technical methods may involve the transmission of information either directly to the Company or to another party authorized by the Company to collect information on the Company’s behalf. The Company also uses these technical methods in HTML e-mails that the Company sends the Company’s guests to determine whether the Company’s guests have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that may directly identify you.
IP Addresses and Clickstream Data
The Company may collect IP addresses and/or clickstream data. An IP address is a number associated with the service through which you access the Internet, like your ISP (Internet service provider), your company, or your university. At times, the Company also uses IP addresses for purposes of system administration and to report aggregate information, for example regarding the frequency with which the Company guests visit various parts of the Website. The Company may combine this information with personal information you provide or that the Company otherwise obtains from you directly on the Website.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data may include such information as the page served, the time, the source of the request, the type of device and browser software you use, and the address of the website from which you linked to the Website. When analyzed, this data helps the Company analyze how visitors arrive at the Website, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like. This information will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and will not intentionally contain any personal information.
HOW THE COMPANY USES THE INFORMATION COLLECTED
The Company owns the information collected on or through the Website. As applicable, the information you provide to the Company, including your personal information, may be used: to contact you about the Website or the Company or its subsidiaries and affiliates; to contact you relating to your registration status; monitor or improve the use of the Website; to customize the content you see; to monitor compliance with the Company’s terms and conditions of use of the Website; to operate the Website and provide you with information or services that you have requested e.g. a newsletter, bulletins; to add you to our mailing lists and to send you emails from time to time; to respond to specific queries you may raise regarding the Company and/or its affiliates; to process and consider your job application; to administer surveys, questionnaires, contest or similar promotions; for testing, research, analysis, and product development, including to develop and improve our Website and services; to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us; as described to you when collecting your personal information; or to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MDC Partners, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MDC Partners, Inc. about our Website users is among the assets transferred.
Your personal information will not be used for third party marketing or commercial purposes, other than as set forth herein. We may, to the extent permitted by applicable law, retain the right to use and disclose Aggregate Information in any manner permitted by law.
WITH WHOM THE INFORMATION MAY BE SHARED
The Company may share your information, including your personal information, as described below:
Finally, please note that if you specifically consent to additional uses or disclosures of your information, either at the time the information is collected or through some other form of consent from you or notification to you, we may use or disclose your information in a manner consistent with that consent.
GROUNDS FOR USING YOUR PERSONAL INFORMATION
We rely on the following legal bases to process your personal information:
YOUR CHOICES, RIGHTS AND OPT-OUT PROCESS
To opt-out of future promotional emails from us, you should unsubscribe using the unsubscribe link included in the email. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy or your consent.
As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences or device settings. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected.
To opt-out of the use of Google Analytics, click here.
Jurisdiction-Specific Rights
Subject to local law, you may also have certain rights regarding information that we have collected and that is related to you including the following:
California Consumer Rights
Under the California Consumer Privacy Act of 2018 (“CCPA”), if you are a California resident, you may have the following rights in regards to your personal information:
To exercise the access and deletion rights described above, please submit a request to us by contacting us at +1 833 423 0740 or privacy@mdc-partners.com.
Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
Rights of Nevada Residents
If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at privacy@mdc-partners.com.
Rights of EU Residents
If you are located in the European Union with rights under the General Data Protection Regulation (“GDPR”), you have the right to withdraw previously provided consent for our processing of your personal information by contacting us as described below. Such individuals also have the following rights:
o Right to access – This right allows individuals to obtain confirmation that his or her personal information is being processed and allows individuals to request details of the processing of his or her personal information, including, without limitation, categories of recipients to whom the personal information have been or will be disclosed and purposes of processing.
o Right to rectify – This right allows individuals to rectify any inaccurate personal information about him or her.
o Right to restrict processing – This right allows individuals to block or suppress processing of personal information under certain circumstances.
o Right to be forgotten – This right is also known as the “right to erasure.” It is an individual’s right to have personal information erased or to prevent processing in specific circumstances.
o Right of data portability – This right allows individuals to move, copy or transfer personal information from one place to another in a secure manner without interrupting the integrity and usability of the information.
o Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
To exercise any of the above rights, you may contact us at privacy@mdc-partners.com.
LINKS TO OTHER WEBSITES AND SOCIAL NETWORKING SERVICES
You should be aware that when you are on the Website you could be directed to other websites, apps or services beyond the Company control. These other websites, apps or services may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to the Website, you should consult that website’s privacy policy before providing any personal information.
The Website may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
SECURITY
The Website incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that the Company may collect and the Company has put into place reasonable precautions to protect such information from loss, misuse and alteration. However, due to the inherent open nature of the Internet, Company cannot ensure or warrant the security of any information provided online. The Company’s security policies are reviewed periodically and revised as required (as determined by Company). We retain your personal information, if provided by you through the Website, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. This may include, but is not limited to, retaining such information to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use Aggregate Information previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
CHILDREN’S PRIVACY
The Website is a general audience website and is not intended for children under the age of 13. On the Website, the Company does not knowingly collect information from children under the age of thirteen.
QUESTIONS ABOUT THIS PRIVACY POLICY
If you have any questions about this Privacy Policy or the privacy practices of this Website, please contact the Company by email at privacy@mdc-partners.com or via phone toll-free at +1 833 423 0740.
You may also request access to your personal information (if you have provided such information to us through the Website) and information about our collection, use and disclosure of that information by using the contact information provided above. You will be given reasonable access to your personal information and may seek to challenge the accuracy and completeness of the information, and have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
If you are located in the European Union with rights under the GDPR and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. If you have a complaint, please contact our privacy manager can be contacted here: privacy@mdc-partners.com.
TERMS OF USE
Please also visit the Company’s Terms of Use, which explain other terms governing the use of the Website. Your use, or access, of the Website constitutes your agreement to be bound by these provisions. If you do not agree to these Terms of Use you may not access or otherwise use the Website.
CROSS BORDER TRANSFERS
By using the Website, you authorize the export of your information to the USA and its storage and use as specified in this policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. We may transfer personal information from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal information of individuals located in the European Union will be transferred in compliance with the requirements of the GDPR. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
ADDITIONAL EU DISCLOSURES
IF YOU ARE SITUATED IN THE EU, THIS SECTION APPLIES TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA.
Data controller:
MDC Partners, Inc. is the data controller of all personal data collected through our Website. To contact us, please see the section titled “Questions About This Privacy Policy”.
Provision of personal data and failure to provide personal data:
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.
Collection of personal data from third party sources:
We may obtain personal data and other information about you through our third party partners who help us provide our services to you. We will obtain cookie data about you from Google Analytics.
Use of your personal data for marketing purposes:
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
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COOKIE POLICY
Last Updated and Effective as of: October 2, 2020
Our Website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. BY CONTINUING TO BROWSE THE WEBSITE, YOU ARE AGREEING TO OUR USE OF COOKIES.
As with many websites, we may use “cookies” for the purpose of facilitating and enhancing your communication and interaction with the Website. By accessing our Website you agree that we and certain third party business partners and service providers may use such cookies to identify the browser software used to visit the Website and to analyze the traffic patterns on the Website. Cookies may also be used to understand how many people visit the Website, where visitors go on the Website and the number times a user has been on certain pages. For registered users, cookies can make using the Website easier for you by saving information such as your passwords or preferences. By tracking how and when you use the Website, cookies help the Company determine which areas are popular and which are not. Many improvements and updates to the Website are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Website. The cookies we use include session cookies, i.e., cookies that will persist only until you end your session on our Website, and persistent cookies, i.e., cookies that persist even after you end your session on our Website.
We may also use and place cookies on your device from our third party service providers in connection with the Website, such as an analytics provider that helps us manage and analyze Website usage. An example of such third party is Google Analytics, which we use to collect and analyze demographic and other information, and through which Google will collect certain information to be used according to Google’s privacy practices. To opt-out of the use of Google Analytics, click here.
If you do not want information collected through the use of cookies, you may stop or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. Some areas of the Website, however, may not provide you with a personalized experience if you have disabled the use of cookies. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
| Cookie | Name | Purpose | More information |
| Google Analytics Session Tracking Cookie | __utma | Used to distinguish users and sessions. | https://developers.google.com/analytics/ devguides/collection/gtagjs/cookie-usage |
| Google Analytics Source Tracking Cookie | __utmz | Stores the traffic source or campaign that explains how the user reached your site. | https://developers.google.com/analytics/ devguides/collection/gtagjs/cookie-usage |
| Google Universal Analytics Identification Cookie | _ga | This cookie is used to collect information about how visitors use the site. It distinguishes users by assigning a randomly generated number as a client identifier, so subsequent visits to the same site can be associated with the same user. By default, the expiration of this cookie is 2 years. | https://developers.google.com/analytics/ devguides/collection/gtagjs/cookie-usage |
| Google Universal Analytics Identification Cookie | _gid | This cookie is used to collect information about how visitors use the site. It distinguishes users by assigning a randomly generated number as a client identifier, so subsequent visits to the same site can be associated with the same user. By default, the expiration of this cookie is 24 hours. | https://developers.google.com/analytics/ devguides/collection/gtagjs/cookie-usage |
| LeadLander | trackalyzer | This cookie collects IP addresses and search-related data to monitor Website traffic and use. | https://leadlander.com/privacy-policy/
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| HubSpot Consent Banner Cookies | _hssc | This cookie keeps track of sessions including session times and page views and expires in 30 minutes. | https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser |
| _hssrc | Used to distinguish sessions and expires at the end of each session. | https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser | |
| _hstc | This cookie tracks visitors and collects the visitor’s domain, visit timestamps and number of sessions. This cookie expires in 13 months. | https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser | |
| _hubspotutk | This cookie distinguishes users by assigning a randomly generated number as a client identifier and expires in 13 months. | https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser | |
| LeadFeeder Visitor Cookie | _lfa | This cookie collects visitor data such as page views and visit time stamps and expires in 2 years. | https://www.leadfeeder.com/leadfeeder-and-gdpr/ |
