Privacy & Policy

Markight Privacy & Policy Statement

  • General Information

Q: Who is the Data Controller?

A: The data controller of www.markight.com is DATAIGEST GMBH, Kälberstücksweg 4, 61350 Bad Homburg v. d. Höhe, Germany(“DATAIGEST”). Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection. Still, it is in any case displayed on the individual registration form’s privacy statement. 

Q: What Personal Data does MARKIGHT collect?

A: When you visit MARKIGHT’s websites, MARKIGHT stores certain information about your browser, the operating system, and your IP address. If you use a registration form, MARKIGHT will collect the information you provide to MARKIGHT, which consists of your first and last name, email addresses, telephone numbers, location (country, state/province, city), company name, job title, and role, department and function, current relationship to MARKIGHT, and your company’s industry. If you provide a credit card number or bank details to order goods or services from MARKIGHT, then MARKIGHT will collect this information to process your payment for the requested goods or services.

Q: Why does MARKIGHT need your Personal Data?

A: MARKIGHT requires your Personal Data to provide you with access to this site; deliver any ordered goods or services; and comply with statutory obligations, including checks required by applicable export laws.  Further information on why MARKIGHT needs your Personal Data can be found in Section B, below, if MARKIGHT’s use of your Personal Data is based on statutory permission. Further information on why MARKIGHT needs your Personal Data can be found in Section C, below, if MARKIGHT’s use of your Personal Data is based on your consent. Suppose MARKIGHT’s use of your Personal Data is based on consent. In that case, the information in this Privacy Statement on respective consent statements for certain types of Personal Data uses can also be found in the Consent Resource Center.  As an ordinary matter and although providing Personal Data is voluntary, MARKIGHT may not be able to perform or satisfy your request without it; for example, MARKIGHT might require your Personal Data to process an order you place or to provide you with access to a web offer you requested. In these cases, MARKIGHT can’t satisfy your request without certain Personal Data. Kindly note that you can order goods or services without providing consent into MARKIGHT’s further marketing operations.

 

Q: From What Types of Third Parties does MARKIGHT obtain Personal Data?

A: In most cases, MARKIGHT collects Personal Data from you. MARKIGHT might also obtain Personal Data from a third party if the applicable national law allows MARKIGHT to do so.  MARKIGHT will treat this Personal Data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided MARKIGHT with them or the applicable national law. These third-party sources include:

  • MARKIGHT or DATAIGEST Group’s business dealings with your employer
  • third parties you directed to share your Personal Data with MARKIGHT

Q: How long will MARKIGHT store my Personal Data?

A: MARKIGHT will only store your Personal Data for as long as it is required:

  • to make goods and services requested available to you, including use of markight.com;
  • for MARKIGHT to comply with its statutory obligations resulting among other things from applicable export laws;
  • until you object such use by MARKIGHT, if MARKIGHT’s use of your Personal Data is based on MARKIGHT’s legitimate business interest as further stated in this Privacy Statement;
  • until you revoke your consent granted in this Privacy Statement if MARKIGHT is processing your Data based on your consent

MARKIGHT will also retain your Personal Data for additional periods if it is required by mandatory law to keep your Personal Data longer or where your Personal Data is required for MARKIGHT to assert or defend against legal claims. MARKIGHT will retain your Data until the end of the relevant retention period or until the claims in question have been settled.

Q: Who are the recipients of your Personal Data and where will it be processed?

A: Your Personal Data will be passed on to the following categories of third parties to process your Personal Data:

  • companies within the DATAIGEST Group
  • third-party service providers; e.g., for consulting services and other additional related services, for the provision of the website or newsletter dispatch

As part of a global group of companies operating internationally, MARKIGHT has affiliates (the “DATAIGEST Group”) and third-party service providers outside of the European Economic Area (the “EEA”) or from a region with a legal restriction on international data transfers and will transfer your Personal Data to countries outside of the EEA. Suppose these transfers are to a country for which the EU Commission has not issued an adequacy decision. In that case, MARKIGHT uses the EU standard contractual clauses to contractually require a level of data protection consistent with the EEA to your Personal Data.

Q: What are your data protection rights?

A: You can request from MARKIGHT access at any time to information about which Personal Data MARKIGHT processes about you and the correction or deletion of such Personal Data. Please note, however, that MARKIGHT can or will delete your Personal Data only if there is no lawful obligation or prevailing right of MARKIGHT to retain it. Kindly note further that if you request for MARKIGHT to delete your Personal Data, you will not be able to continue to use any MARKIGHT service that requires MARKIGHT’s use of your Personal Data.

If MARKIGHT uses your Personal Data based on your consent or to perform a contract with you, you can further request from MARKIGHT a copy of the Personal Data you provided to MARKIGHT. 

Furthermore, you can request that MARKIGHT restrict your Personal Data from any further processing in any of the following events:

  1. You state the Personal Data MARKIGHT has about you is incorrect, subject to the time MARKIGHT requires to check the accuracy of the relevant Personal Data.
  2. There is no legal basis for MARKIGHT processing your Personal Data, and you demand MARKIGHT to restrict your Personal Data from further processing.
  3. MARKIGHT no longer requires your Personal Data, but you state you need MARKIGHT to retain such data to claim, exercise legal rights, or defend against third-party claims.
  4. In case you object to the processing of your Personal Data by MARKIGHT based on MARKIGHT’s legitimate interest (as further set out below under Section B), subject to the time required for MARKIGHT to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.

Q: How will MARKIGHT verify requests to exercise data protection rights?

A: MARKIGHT will take steps to ensure the verification of your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise.  When feasible, MARKIGHT will match Personal Data provided by you in submitting a request to exercise your rights with information already maintained by MARKIGHT. This could include checking two or more data points you provide when submitting a request with two or more data points that MARKIGHT already keeps. 

MARKIGHT will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.

Right to complain. If you take the view that MARKIGHT is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where MARKIGHT has its registered seat.

Q: Can I use MARKIGHT’s goods and services if I am a minor or child?

A: Children. In general, MARKIGHT websites and online services are not directed to users below the age of 16 years or the equivalent minimum age in the relevant jurisdiction. If you are younger than 16, you cannot register with and use this website or online services.

2. Processing based on a statutory permission

Q: Why does MARKIGHT need to use my Personal Data and on what legal basis is MARKIGHT using it?

A: Processing to fulfill contractual obligations. MARKIGHT requires your Personal Data to deliver goods or services you order under a contract MARKIGHT has with you, establish a contract for goods or services between you and MARKIGHT, or send you invoices for ordered goods or services. MARKIGHT processes Personal Data to fulfill contractual obligations according to Article 6(1), lit. b GDPR or under the equivalent article under other national laws, when applicable.

Processing when necessary to fulfill MARKIGHT’s contractual obligation includes responding to your related inquiries, processing your feedback, or supporting you. This can also include conversation data you may initiate or enable, such as through the chat functionalities on markight.com or other local MARKIGHT web presences, through contact forms, emails, or by telephone. In this Privacy Statement, “goods and services” include access to MARKIGHT’s web services, offerings, contests, sweepstakes, other content, non-marketing-related newsletters, white papers, tutorials, training, and events.

Furthermore, MARKIGHT communicates regularly by email with users who subscribe to its services and share by phone to resolve your or other customers’ complaints or investigate suspicious transactions.

MARKIGHT will use your email address to confirm your opening of an account, send you notice of payments, send you information about changes to its products and services, and send notices and other disclosures as required by law. Generally, users cannot opt out of these communications because these communications are necessary for the relevant business relationship and are not marketing-related in nature.

For marketing-related communications such as emails and phone calls, MARKIGHT will (i) only provide you with such information after you have opted in if legally required, and (ii) provide you the opportunity to opt-out if you do not want to receive further marketing-related communications. You can also opt out of marketing-related communications at any time by updating that preference.

Processing to ensure compliance. MARKIGHT and its products, technologies, and services are subject to the export laws of various countries, including, without limitation, those of the European Union and its member states and the United States of America. You acknowledge that according to the applicable export laws, trade sanctions, and embargoes issued by these countries, MARKIGHT is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through MARKIGHT’s websites or other delivery channels controlled by MARKIGHT. This could include:

  1. Automated checks of any user registration data as set out herein and other information a user provides about their identity against applicable sanctioned-party lists.
  2. Regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information.
  3. Blocking of access to MARKIGHT’s services and systems in case of a potential match.
  4. Contacting a user to confirm his or her identity in case of a potential match.

Any such use of your Personal Data is based on the permission to process Personal Data to comply with statutory obligations (Article 6 para. 1 lit. c GDPR or the equivalent articles under other national laws, when applicable) and MARKIGHT‘s legitimate interest (Article 6 para. 1 lit. f GDPR or the similar articles under different federal laws, when appropriate).

 

Furthermore, you acknowledge that information required to track your data protection and privacy choices for processing your Personal Data, or for receipt of marketing materials (that is to say, depending on the country in which the relevant DATAIGEST Group company operates and whether you have expressly consented to or opted out of receiving marketing materials) may be exchanged among members of the DATAIGEST Group when necessary to ensure compliance.

Processing based on MARKIGHT’s legitimate interest. MARKIGHT can use your Personal Data based on its legitimate interest (Article 6 para. 1 lit. f GDPR or the equivalent article under other national laws, when applicable) as follows:

  • Fraud and Legal Claims. If required, MARKIGHT will use your Personal Data to prevent or prosecute criminal activities such as fraud and to assert or defend against legal claims.
  • Questionnaires and surveys. MARKIGHT could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed to be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, MARKIGHT will use this Personal Data to improve its products and services.
  • Contract Performance. Purchase or intend to purchase goods or services from MARKIGHT on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and MARKIGHT. MARKIGHT will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps required for establishing the relevant business relationship. Suppose an existing Customer Contact informs MARKIGHT you are their replacement. In that case, MARKIGHT will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object, as further set out below.
  • Creation of anonymized data sets. MARKIGHT will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.
  • Personalized Content. Suppose you are opt-in to receive marketing communications such as and including newsletters, brochures, or white papers from MARKIGHT. In that case, MARKIGHT will collect and store details of how you interact with such content to help create, develop, operate, deliver and improve our communications with you. This information is aggregated and used to help MARKIGHT provide more helpful information and understand what is of most interest to you.
  • Recordings for quality improvement purposes. In case of telephone calls or chat sessions, MARKIGHT will record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions to improve the quality of MARKIGHT’s services.
  • To keep you up-to-date or request feedback. Within an existing business relationship between you and MARKIGHT, MARKIGHT might inform you, where permitted, following local laws, of its products or services (including webinars, seminars, and events) which are similar or relate to such products and services you have already purchased or used from MARKIGHT. Furthermore, suppose you attend a webinar, seminar, or event of MARKIGHT, download or view whitepapers, newsletters, videos, software free trials, or purchase products or services from MARKIGHT. In that case, MARKIGHT might contact you for feedback regarding improving the relevant material, product, or service.

Right to object. You can object to MARKIGHT’s use of your Data as outlined in this section at any time by updating that preference. In this case, MARKIGHT will carefully review your objection and cease further use of the relevant information, subject to MARKIGHT’s compelling legitimate grounds for continued use of the data, which override your interest in objecting, or if MARKIGHT requires the information for the establishment, exercise or defense of legal claims.

Processing under applicable national laws. If the applicable federal law allows MARKIGHT to do so, MARKIGHT will use information about you for a business purpose, some of which is Personal Data:

  • to plan and host events
  • to host online forums or webinars
  • for marketing purposes such as to keep you updated on MARKIGHT’s latest products and services and upcoming events
  • to contact you to discuss further your interest in MARKIGHT services and offerings
  • to help MARKIGHT create, develop, operate, deliver and improve MARKIGHT services, products, content and advertising and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by MARKIGHT
  • to provide more personalized information to you
  • for loss prevention
  • for account and network security purposes
  • for internal purposes such as auditing, analysis, and research to improve MARKIGHT’s products or services
  • to verify your identity and determine appropriate services
  • detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
  • debugging to identify and repair errors that impair existing intended functionality
  • undertaking internal research for technological development and demonstration
  • undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by MARKIGHT

3. Processing based on consent

In the following cases, MARKIGHT will process your Personal Data if you granted prior consent to the specific proposed processing of your Personal Data (Article 6(1) lit. a GDPR) or the equivalent article under other national laws, when applicable. Each section below about personal data processing operation is linked to one consent statement in the Consent Resource Center. Suppose you re-open this Privacy Statement after you initially grant one or more consents. In that case, you will see the complete Privacy Statement and not just information on the consents you contributed.

News about MARKIGHT’s Products and Services. Subject to a respective provision and your consent, MARKIGHT may use your name, email and postal address, telephone number, job title, and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with MARKIGHT (previous purchases, participation in webinars, seminars, or events or the use of (web) services – further details on this topic can be found in the Cookie Statement displayed on the relevant MARKIGHT website) to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about MARKIGHT’s software and services (including marketing-related newsletters) as well as events of MARKIGHT and to display relevant content on MARKIGHT’s websites. In connection with these marketing-related activities, MARKIGHT may provide a hashed user ID to the third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram, or Google) where this information is then matched against the social networks’ data or the web offerings’ own databases in order to display to you more relevant information.

Creating user profiles. MARKIGHT offers you the option to use its web offerings, including forums, blogs, and networks (such as the MARKIGHT Community) linked to this website that require you to register and create a user profile. User profiles provide the option to display personal information about you to other users, including but not limited to your name, photo, social media accounts, postal or email address, or both, telephone number, personal interests, skills, and basic information about your company.

These profiles may relate to a single web offering of MARKIGHT or, if created in the MARKIGHT Identity Authentication Service, may also allow you to access other web offerings of MARKIGHT or other entities of the MARKIGHT Group, or both (irrespective of any consent granted under the section “Forwarding your Personal Data to other MARKIGHT companies.” below). It is, however, always your choice which of these additional web offerings you use, and your Personal Data is only forwarded to them once you initially access them. Kindly note that without your consent for MARKIGHT to create such user profiles, MARKIGHT will not be in a position to offer such services to you where your consent is a statutory requirement that MARKIGHT can provide these services to you.

Within any web offering, beyond the mere provision of access, your profile is used to personalize interaction with other users (for example, by way of messaging or follow functionality) and by MARKIGHT to foster the quality of communication and collaboration through such offerings and for MARKIGHT to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application, or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the appropriate web offering to determine which information you want to share.

Special categories of Personal Data. In connection with the registration for and provision of access to an event or seminar, MARKIGHT may ask for information about your health to identify and consider individuals who have disabilities or special dietary requirements throughout the event. Any such use of information is based on the consent you grant hereunder.

Kindly note that if you do not provide any such information about disabilities or special dietary requirements, MARKIGHT will not be able to take any respective precautions.

Event profiling. Suppose you register for an event, seminar, or webinar of MARKIGHT. In that case, MARKIGHT may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for communication and exchanging ideas.

Revocation of consent granted hereunder. You may at any time withdraw a consent granted hereunder by unsubscribing. In case of withdrawal, MARKIGHT will not process Personal Data subject to this consent any longer unless legally required to do so. If MARKIGHT is necessitated to retain your data for legal reasons, your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal does not affect the past processing of personal data by MARKIGHT up to the point in time of your departure. Furthermore, suppose your use of a MARKIGHT offering requires your prior consent. In that case, MARKIGHT will not be (any longer) able to provide the relevant service (or services, if you revoke the permission for MARKIGHT to use your profile under the MARKIGHT Identity Authentication Service for multiple MARKIGHT offerings), offer or event to you after your revocation.

4. Cookies and similar tools

Q: What are cookies?

A: A cookie is a small text file that a website stores on your computer or mobile device when you visit the site.

  • First-party cookies are cookies set by the website you are visiting. Only that website can read them. In addition, a website might potentially use external services, which also set their own cookies, known as third-party cookies.
  • Persistent cookies are cookies saved on your computer that are not deleted automatically when you quit your browser, unlike a session cookie, which is deleted when you quit your browser.

In the cookie declaration below, you can see exactly which cookies we use and the relevant purpose.

When you visit MARKIGHT’s website, you will be prompted to accept or refuse cookies.

Q: How and why do we use cookies?

MARKIGHT uses both ”first-party cookies” and cookies from external organizations, as detailed in the cookie declaration below.

Please see the cookie declaration below for complete information on MARKIGHT’s purposes for the use of the cookies.

Q: How can you manage cookies?

If you do not want the information to be stored by cookies, you can configure your settings on our webpage or in your browser to notify you whenever a cookie is received. This way, you can decide each time to accept cookies or not. However, cookies may be necessary to provide certain features, and choosing to reject cookies may reduce the functionality of our website. Your browser should include precise instructions explaining how to control the acceptance of cookies.

Changes to MARKIGHT’s cookies

Whenever we update the list of cookies used or make changes to the categorization of cookies, we will ask for your renewed consent. Whenever we make such changes, we will ask for your renewed consent.

5. Additional Country and Regional Specific Provisions

Where MARKIGHT is subject to specific privacy requirements in the United States, the following also applies:

U.S. Children’s Privacy. MARKIGHT does not knowingly collect the Personal Data of children under the age of 13. If you are a parent or guardian and believe MARKIGHT collected information about a child, please contact MARKIGHT as described in this Privacy Statement. MARKIGHT will take steps to delete the information as soon as possible. Given that MARKIGHT websites and online services are not directed to users under 16 years of age and following the disclosure requirements of the CCPA, MARKIGHT does not sell the Personal Data of any minors under 16 years of age.

Where MARKIGHT is subject to specific privacy requirements in the United States in the State of California, the following also applies:

Do Not Track. Your browser may allow you to set a “Do not track” preference. Unless otherwise stated, our sites do not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, by referring to our Cookie Statement. Cookies are small text files placed on your computer while visiting specific sites on the Internet used to identify your computer. If you do not accept cookies, you may not be able to use certain functions and features of our site. This site does not allow third-parties to gather information about you over time and across sites.

You have the right: 

  • to request from MARKIGHT access to your Personal Data that MARKIGHT collects, uses, or discloses about you;
  • to request that MARKIGHT delete Personal Data about you;
  • to non-discriminatory treatment for the exercise of any of your data protection rights; 
  • in case of a request from MARKIGHT for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance

Following the disclosure requirements under the California Consumer Privacy Act (“CCPA”), MARKIGHT does not and will not sell your Personal Data. In accordance with the verification process outlined in the CCPA, MARKIGHT will require a more stringent verification process for deletion requests or for Personal Data that is considered sensitive or valuable to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. Suppose MARKIGHT must request additional information from you outside of the information that MARKIGHT already maintains. In that case, MARKIGHT will only use it to verify your identity, so you can exercise your data protection rights for security and fraud-prevention purposes.

 

Dataigest GmbH

District Court of Frankfurt HRB 112161

Kälberstücksweg 4, 61350 Bad Homburg v. d. Höhe, Germany