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Terms & Policies

DATE: May 13, 2021

INTRODUCTION AND OVERVIEW

Please carefully read these Terms of Use (these “Terms”) because they set forth a legally binding agreement between you (“you”, “your”, and/or “guests”) and MSL LLC (“we”, “us”, “our”, and/or “MSL”), and govern your access and use of any online service location/website that posts a link to these Terms (collectively, the “Site”). We offer the Site, including all information, tools, and services available herein to you, conditioned upon your acceptance of and strict adherence to these Terms.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS NOW OR IN THE FUTURE, THEN DO NOT ACCESS OR USE THE SITE. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THESE TERMS, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.

In some instances, both these Terms and separate terms elsewhere on the Site will apply to your use of the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

We control and operate the Site from the United States, and we make no representation that the Site is appropriate or available for use beyond the United States. Software related to or made available by the Site may be subject to United States export controls, and except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to United States export controls or sanctions.

 

Arbitration Notice

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE DISPUTE RESOLUTION SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SUCH SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

SERVICES AND CONTENT

 

Content

The Site contains: (i) materials and other items relating to MSL and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of MSL; and (iii) other forms of intellectual property (collectively, “Content”). All right, title, and interest in and to the Site and the Content are the property of MSL or our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content. You understand that by using the Site you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Site at your own risk.

 

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, enter, attend, download, display, view, use, consume, and/or otherwise exploit the Site and the Content in each case for your personal, non-commercial use only. This limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. To protect all parties’ intellectual property rights, any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site, if any. You acknowledge and agree that your use of the Site is at your sole risk and responsibility. We expressly reserve the right to remove and/or delete any data, files, and/or other information stored or used in connection with the Site for any reason.

 

Availability

We reserve the right to refuse access to the Site and/or Content to anyone for any reason at any time. We may suspend or terminate the availability of the Site and Content, in whole or in part, to you for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and Content.

 

Reservation of Rights

All rights not expressly granted to you are reserved by MSL and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Site for any purpose is prohibited.

 

SUBMISSIONS, COMMENTS, AND FEEDBACK

If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, image, likeness, picture, avatar, social media handle, biographical information, or other indicia, in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions provided by you or any third-party.

 

THIRD-PARTY SERVICES

We may provide you with access to third-party tools, content, products or services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such third-party content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party content.

Any use by you of third-party content offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on this site may direct you to third-party websites that are not affiliated with MSL. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties available through or at such third-party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

DMCA/COPYRIGHT POLICY

We take copyright infringement claims seriously and respond to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under United States law, provide our designated agent with the following written information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
  • Your contact information, including your address, telephone number, and an e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated agent  is:

Austin Stewart

MSL Group

375 Hudson Street New York, 10014, New York, NY, U.S.

Phone: (206) 694-5917

Email: austin.stewart@mslgroup.com

 

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

 

Counter Notification

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which MSL may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

 

CUSTOMER SUPPORT

Contact us here for questions about your use of the Site or these Terms: privacyofficer@publicisgroupe.com. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

 

DISCLAIMERS

THE SITE AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS OR OTHER MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR PHYSICAL CONDITION. WE ARE NOT RESPONSIBLE WHETHER THE SITE, INCLUDING ANY CONTENT THEREIN, ARE ACCURATE, COMPLETE, OR CURRENT. CONTENT IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SITE, AND ANY CONTENT THEREIN, IS AT YOUR OWN RISK.

THE SITE AND CONTENT THEREIN MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE SITE AND ANY CONTENT AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SITE OR THE CONTENT. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITE THAT MAY AFFECT YOU.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND/OR ANY CONTENT THEREIN FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.

 

LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MSL BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED RESULTING FROM MSL’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MSL, our parent, affiliate, and subsidiary entities, and each of our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Site and/or the Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (vi) your use of a third-party product, service, and/or website; or (vii) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.

 

TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Site, or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice; and/or accordingly may deny you access to the Site. 

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Site (or any part thereof).

 

GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New York without reference to its conflicts of laws principles.

 

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

Agreement to Arbitrate

You and MSL agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the use of the Site (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York County and MSL and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of any other person or entity.

Unless you timely provide us with an Arbitration Opt-out Notice (as defined below in the subsection titled “Your Choices”), you acknowledge and agree that you and MSL are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MSL otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. 

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

 

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution Section. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution Section.

 

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides a form Demand for Arbitration). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure

Unless you and MSL otherwise agree, the arbitration will be conducted in the state where you reside, with the option for you to participate telephonically to the extent the AAA Rules allow. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and MSL submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions which the arbitrator based its award on. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MSL will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration, unless such arbitration is found by the arbitrator to be frivolous under the standards of the Federal Rules of Civil Procedure 11(b) and in that case MSL shall be entitled to recover attorneys’ fees in addition to any damages awarded to it.

 

Fees

If the arbitrator finds that your payment of the administrative and arbitrator fees (excluding any attorney’s fees) under this subsection is a burden on you, we agree to pay those fees for you (but not any attorney’s fees).

 

Changes

By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and MSL in accordance with the provisions of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

Your Choices

If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice (including by email to austin.stewart@mslgroup.com) telling us that you do not want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above.

 

Investigations

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Site. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

 

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MSL OR A LICENSOR OF MSL.

 

CHANGES TO TERMS AND TO THE SITE

You can review the most current version of the Terms on the Site.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website (which constitutes notice to you). It is your responsibility to check the Site periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We may provide patches, updates, or upgrades to the Site that must be installed for you to continue to use the Site. Although we will use commercially reasonable efforts to notify you, we may update the Site remotely without notifying you, and you hereby consent to us applying patches, updates, and upgrades. You acknowledge that your use of the Site does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Site, including but not limited to (where applicable) any rewards, or Content (save for where it is your own Submissions). You also acknowledge that any data, customization, or other data related to your use of the Site may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by us. We do not have any maintenance or support obligations with respect to the Site.

 

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

ASSIGNMENT

You shall not, without our prior written consent, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If such restrictions on transfer under these Terms are not enforceable under the law of your country, then these Terms will be binding on any such recipient. We may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

 

CALIFORNIA RESIDENTS

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

 

Privacy Policy

For information about our data collection, use, and disclosure practices, please read our privacy policy available at mslgroup.com/terms-and-policies. This policy explains our data practices regarding your personal information. You agree to our collection, use, and disclosure of your data in accordance with our privacy policy.

Privacy Notice

Updated: 5.4.21

This website (“Website”) provides information about the general business of, and the services offered by MSL (“MSL Group”). This Privacy Notice sets out how we collect, use, share, and protect any information we collect through this Website or any offline location that makes this Privacy Notice available to you.

 

Introduction

Any data collected through the Website, including personal information (as defined under applicable data protection laws, and as may be similarly referred to as “personal data” or “personally identifiable information” under applicable data protection laws), will be used for the purposes set out at II in this Privacy Notice and as set out in this Privacy Notice. Once collected, personal information will not be used for a different incompatible purpose without your consent. Notwithstanding, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For more information please see the “Aggregate, Deidentified, or Anonymized Information” section below. MSL is regarded as the data controller under certain laws with respect to personal information collected by MSL through this Website. However, MSL often acts as a data processor under certain laws when it processes personal information on behalf of a client, which is the controller. Any questions that you have relating to the processing of personal information by MSL as a processor should be directed to the relevant client.

Please read this Privacy Notice thoroughly. By using the Website, you agree to our Terms of Service and with our collection, use and disclosure practices, and other activities as described in this Privacy Notice. If you disagree with the way personal information will be used, please do not use the Website or provide your personal information through the Website.

We may include links on the Website to other websites including social media platforms. This Privacy Notice only covers our data practices through the Website and does not cover the data practices of these other websites. When you interact with these other parties, including when you leave the Website, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices available on other websites you visit.

 

I.       Information on behalf of MSL clients

We provide products and services to our clients and collect and process information about individuals (including through tracking technologies) at the direction of our client (“Client Data”). Client Data has historically included contact data, demographic data, content, service use data, device data, and location data, among other information. Our processing of Client Data is governed by the terms of our service agreements with our clients, and not this Privacy Notice. We are not responsible for how our clients treat the information we collect on their behalf, and we recommend you review their own privacy policies.

For more information on your rights and choices regarding client data, see the “Your rights regarding your information” section below.

 

II.     What personal information do we collect and process through the Website?

The following describes the categories of personal information we collect and the sources of such personal information.

 

Identification and contact data, e.g., online identifiers; IP address; mobile ad identifiers.

 

First name, last name, e-mail address, telephone number, organization/company you represent, and title/position.

·       We will collect this directly from you when you send us your questions or comments using the query form.

·       We may also collect this from publicly available sources, data brokers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), advertising networks, internet service providers, data analytics providers, operating systems and social networks.

 

Categories of personal information described in Cal. Civ. Code § 1798.80(e). e.g., signature.

·       We will collect this directly from you when you apply for a job with MSL.

 

Characteristics of protected classifications under California or US law

E.g., race; color; religion; sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions); gender identity, gender expression; sexual orientation; marital status; medical condition; military or veteran status; national origin; ancestry; disability (mental or physical including HIV/AIDS, cancer, and genetic characteristics); genetic information; request for family care leave; request for leave for an employee’s own serious health condition; request for Pregnancy Disability Leave; retaliation for reporting patient abuse in tax-supported institutions; age (over 40).

·       We will collect this directly from you when you apply for a job with MSL or in connection with surveys you have volunteered as a participant.

 

Commercial or transactions information

E.g., services considered, or other purchasing or consuming histories or tendencies

  • We may also collect this from publicly available sources, data brokers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), advertising networks, internet service providers, data analytics providers, operating systems and social networks.

 

Internet or other electronic network activity information (Technical data)

E.g., browsing history; search history; online interests, such as information about categories of consumer interests derived from online usage; and information on a consumer's interaction with a website, application, or advertisement.

  • We may also collect this from internet service providers, data analytics providers, operating systems and social networks.

 

Geolocation data E.g., imprecise location data

  • We may also collect this from internet service providers, partners (e.g., that offer co-branded services, sell or distribute our products, or engage in joint marketing activities), data analytics providers, operating systems and social networks.

 

Employment Data  E.g., employment and education history, transcripts, writing samples, and references necessary to consider your job application for open positions.

·       We will collect this directly from you when you apply for a job with MSL or in your capacity as a representative of a client or potential client.

Your verbatim communications to us or shared on the public areas of our site

·       We will collect this directly from you when you send us your questions or comments using the query form

 

III.            Purpose of data collection and legal grounds we rely on

The following provides information about our purposes for collecting your personal information:

 

Our purposes for collecting and using personal information:

To read and respond to your queries to us, sent using our online query form at https://mslgroup.com/work-with-us.

Basis for processing: Performance of a contract to which you are a party, if you contact us about our services, or our legitimate interest to respond to individuals’ queries.

 

Our purposes for collecting and using personal information:

To conduct research, including focus groups and surveys.

Basis for processing: Consent, where you indicate that you want to participate in our research, focus groups, and/or surveys.

 

Our purposes for collecting and using personal information:

Marketing services, for example:

  • Analyzing and optimizing our (or our service providers’) proprietary databases or helping us identify and mitigate potential fraud.
  • Providing “verification” or data “hygiene” services, which is how companies update and/or “clean” their databases by either verifying, removing, or correcting old, incorrect or outdated information.

Basis for processing: Consent

 

Our purposes for collecting and using personal information:

Operating our Website, for example: 

  • improving, testing, updating and verifying our own database.
  • developing new products.
  • operating, analyzing, improving, and securing our Website.

Basis for processing: Our legitimate interest to improve our services and develop new products

 

Our purposes for collecting and using personal information:

Other internal purposes, for example:

For internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance. We use the information collected from our own website for the above, as well as for our own marketing purposes. 

Basis for processing: Our legitimate interest to support our internal operations and conduct research

 

In addition, we use analytics services, such as Google Analytics, to help us understand how users access and use the Website. In addition, we may work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we may place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

 

IV.            With whom do we share personal information?

We will share your personal information for various business purposes with service providers and other parties as follows:

 

Sharing with other group entities or service providers: As a global organization, we share limited data with related entities and our affiliates or with selected service providers, either to benefit from additional support (technical or otherwise), or to provide you with services you have requested from us. We may permit our service providers to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

Vendors and Other Parties: We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

Affiliates: We share information with our affiliates and related entities, including where they act as our service providers or for their own internal purposes.

Clients: We share information with our clients in connection with the services we provide to them. For example, we share information with our clients in order to facilitate their orders, maintain and administer accounts, respond to questions, comply with requests, and otherwise comply with the law. Our clients are independent entities, and their processing of information is subject to their own privacy policies.

Partners. We share information with our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities.

Sharing for Legal Purposes: In addition, we may share personal information with other parties in order to: (a) comply with legal process or a regulatory investigation (e.g. regulatory authorities’ investigation, subpoena, or court order); (b) enforce our Terms of Service, this Privacy Notice, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of other parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.

Sharing in the Event of a Corporate Transaction: We may also share personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.

Aggregate, Deidentified, or Anonymised Information: We may aggregate, de-identify and/or anonymise any information collected so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any other party, including advertisers, promotional partners, and sponsors, in our discretion, unless otherwise prohibited by applicable law.

Facilitating Requests: We share information at your request or direction.

Consent: We share information with notice to you and your consent.

 

V.             Who is processing the personal information?

We have engaged processors that help with data analytics, marketing and advertising, website hosting, and technical support. The processing of the personal information by these parties is in accordance with our instructions.

If the services of other parties for the technical maintenance, administration or processing of data are required, the personal information will be accessed by these parties only to the extent that is required to ensure a smooth and secure technical handling of the Website and in compliance with applicable law, including with respect to data confidentiality, privacy and security.

For example, we have engaged Microsoft Azure to help with hosting the Website and data storage. The processing of personal information by Microsoft Azure is in accordance with our instructions. Microsoft Azure needs personal information to run the Website and to protect and improve its platform and services. Microsoft Azure analyzes the data in a de-identified form.

Employees of other Publicis Groupe agencies (e.g., from Sales, Marketing, Communications, IT, Operations, and Talent) process personal information for marketing efforts and talent acquisition purposes. Any processing of personal information by these employees is in accordance with our instructions.

 

VI.            Your rights regarding your personal information

If you are a data subject in Europe, you may exercise the following legal rights regarding personal information that we hold about you.

  • The right of access
  • The right to rectification
  • The right to erasure
  • The right to object
  • The right to restrict processing
  • The right to data portability
  • The right to withdraw your consent to the processing of your personal information at any time

 

Personal information will be stored in accordance with our applicable data retention requirements and corporate policies. The retention period for personal information varies depending on the type of personal information and the purposes of processing it.

If you are a data subject in Europe, and personal data about you has been processed by us as a processor on behalf of a client and you wish to exercise any rights you have with such personal data, please inquire with our client directly. If you wish to make your request directly to us, please provide the name of our client on whose behalf we processed your personal data. We will refer your request to that client and will support them to the extent required by applicable law in responding to your request.

Do Not Track: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics: Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

The opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

 

VII.          Viewing, Editing, Updating or Deletion of your personal information:

If you are a data subject in Europe, please contact privacyofficer@publicisgroupe.com if you want to see any personal information stored about you in our records. We will honor your legal right to view your personal information in accordance with applicable privacy law. If you think that any of the personal information collected through the Website is incorrect, confusing or incomplete, please contact privacyofficer@publicisgroupe.com. You may also ask us to erase, restrict or port your personal information and you may tell us if you object to our use of your personal information.

Personal information will be stored by us in accordance with our applicable data retention requirements and corporate policies.

 

VIII.         Your California Rights and Choices

Our Website is intended to provide information to our business clients, job applicants, and employees. You understand and agree that information collected about you is solely within the context of (i) your role as an employee, job applicant, owner, director, officer, or contractor or (ii) MSL conducting due diligence regarding, or providing or receiving a product or service to or from, your employer. If you are a California resident, see the sections entitled "Information on behalf of MSL clients" above for information on how to exercise your rights.

We do not “sell” (as that term is defined in the CCPA) the personal information we collect in accordance with this Privacy Notice.

a. Right to nondiscrimination. We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these CCPA rights.

b. Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in the “Further Information” section below and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

c. Authorized Agents

You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.

 

IX.            Children

The Website is intended for general audiences and is not directed at children. We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information in violation of COPPA, contacts us at privacycounsel@publicisgroupe.com We will remove the personal information in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

 

X.             Data Security

We use a variety of methods, such as firewalls, intrusion detection software and manual security procedures, designed to secure your data against loss or damage and to help protect the accuracy and security of information and to prevent unauthorized access or improper use. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. If you think that the Website or any personal information is not secure or that there has been unauthorized access to the Website or your personal information, please contact privacycounsel@publicisgroupe.com immediately.

 

XI.            Data Transfers

Your personal information is transferred to the US, which are not considered to have the same level of data protection as in the EU. However, we will provide appropriate safeguards (for example under intercompany agreements with appropriate contractual protections) where required by law.

 

XII.           Use of cookies, other tracking technology, social media and social media plug-ins

Cookies are small pieces of text or code sent to your device when you visit the Website. Cookies are used to optimize the viewing experience, count visitors to a webpage, troubleshoot any problems, keep websites secure, and better serve content. The following cookies are used on the Website:

·       Functional and required cookies are always used to allow our hosting platform, to securely serve this Website to you.

·       Analytics and performance cookies are used on the Website to view site traffic, activity, and other analytics data.

Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

For more information about the cookies dropped on your device, please review the Cookie Policy.

If you engage with us on social media (for example, through our accounts on LinkedIn, Facebook, Twitter, or Instagram), we will also collect information about you in order to understand our followers better, understand the public response to our products and services, and to review your information as necessary to consider your job application for open positions. We may also use this information to contact you, send you marketing information which we think may be of interest to you, engage in social listening to identify and assess what is being said about us publicly to understand industry trends and market sentiment. Any information you provide to us when you engage with our content (such as through our brand page or via Facebook Messenger) is treated in accordance with this Privacy Notice. Also, if you publicly reference us or the Website on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with the Website.

We provide social media plug-ins on the Website to allow you to easily share content from our Website through social media, and in doing so, we may receive your personal information from the social media platform that you have authorized to share with us.

We have no control over how social media platforms use your personal information and they may independently collect information about you when you leave our Website. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices on the various social media platforms you use.

Find out more about how these social media platforms use your personal information:

·       Facebook

·       Twitter

·       YouTube (Google’s general privacy policy)

·       Instagram

·       LinkedIn

 

XIII.         Notification of changes

We reserve the right to revise and reissue this Privacy Notice at any time. Any changes will be effective immediately upon posting of the revised Privacy Notice. Your continued use of the Website indicates your acknowledgement and acceptance to the Privacy Notice then posted. If the changes are material, and you have already provided personal information through the Website, we will contact you to inform you of the new Privacy Notice and, in some circumstances, where required by law, obtain your consent to the changes.

If you wish to save this text, please mark the entire statement (e.g. with your mouse) and copy-paste by pushing ctrl-c.

 

XIV.        Further Information

This Privacy Notice has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at privacyofficer@publicisgroupe.com.

For further information on MSL please visit our website – www.mslgroup.com

If you consider that we are not complying with this Privacy Notice, if you have any questions in relation to this Privacy Notice, or have questions about your rights and choices, please contact privacyofficer@publicisgroupe.com. Data subjects in Europe may also lodge a formal complaint with their competent data protection authority.

If you have any questions about MSL's data practices or you wish to exercise your rights or know about the contractual protections in place, please contact the Publicis Chief Data Privacy Officer at privacyofficer@publicisgroupe.com.