As of January 2023
Response Marketing Group, LLC and the Response Marketing Website rmg-usa.com (hereinafter the “Response Marketing Group”, “RMG”, “Company”, “Us”, “We”, “Website”) provides data analysis and marketing services (the “Services”) designed to help for-profit and not-for-profit organizations, and companies that work with them, to enhance their marketing and customer engagement. Our solutions, many of which are described on this website, are used principally to support digital and print marketing.
To review the information addressing disclosures required under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the Virginia Consumer Data Protection Act (VCDPA), please review the section titled “Policy Addendum.”
1. All Personal Data of the Data Subject (hereinafter referred to as “Subject”, “User”), as applicable, is processed with aim of compliance with a legal obligation under U.S. Law and Art. 6(1) lit. of GDPR under which the Data Controller (hereinafter referred to as “Controller”) is obliged to receive consent of Subject for specific processing operations with Personal Data.
3. It is understood and presumed that by the fact of use of the Website and its Services, the User gives Consent that he/she/they has fully read, understood, and accepted this Policy. If any User does not agree with this Policy in general or any part of it, such User should withhold from using the Website and its Services.
4. The following definitions and rules of interpretation apply in this Policy:
(a) Consent: Consent of the Subject is any freely given, specific, informed, and unambiguous indication of the Subject’s wishes by which he/she/they, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him/her/them.
(b) Data Subject: Data subject (“Subject”, “User”) is any identified or identifiable natural person, whose Personal Data is processed by the Controller responsible for the processing.
(c) Personal Data: Personal Data means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is an individual that can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, address, or other identification data.
(d) Processing: Processing is any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
(e) Processor: Processor is a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Controller.
(f) Profiling: Profiling means any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
(g) Recipient: Recipient is a natural or legal person, public authority, agency, or another body to which the Personal Data are disclosed, whether a third party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with applicable U.S. and/or EU laws shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
(h) Sensitive Personal Information: Any information about an individual that reveals their[JH2] [CY3] political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health, information concerning a natural person’s sex life or sexual orientation, or financial information (such as bank account numbers, bank statement, and trading information, credit card numbers, and related information). We do not collect or store such information.
(i) Third Party: Third Party is a natural or legal person, public authority, agency, or body other than the Subject, Controller, Processor, and persons who, under the direct authority of the Controller or Processor, are authorized to process Personal Data.
5. We are committed to protecting the confidentiality of your information. We maintain reasonable physical, technical, and administrative safeguards to protect information we process and maintain. Please be aware that although we endeavor to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.
6. The following information may be collected for general purposes:
(a) the browser type and its version;
(b) the operating system used by the accessing system;
(c) the website from which an accessing system reaches the website;
(d) the sub-websites;
(e) the date and time of access to the Internet site;
(f) an Internet protocol address (IP address);
(g) the Internet service provider of the accessing system; and
(h) any other similar data and information that may be used in the event of attacks on our information technology systems.
7. When using this general data and information, RMG does not draw any conclusions about the Subject. Rather, this information is needed to:
(a) deliver the content of our website correctly;
(b) optimize the content of our website as well as its advertisement;
(c) ensure the long-term viability of our information technology systems and website technology; and
(d) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
8. Therefore, RMG analyzes anonymously-collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the Personal Data we process. The anonymous data of the server log files are stored separately from all Personal Data provided by a Subject.
9. The following information can be collected for Services purposes:
(a) Contact information, such as name, home address, and email address;
(b) Information and actions associated with the User’s email;
(c) Internet protocol address (IP address);
(d) A cookie or device identifier, which uniquely identifies your browser or device;
(e) Usage data related to your email interactions, such as whether you receive, open or respond to an email, and related information;
(f) Usage data related to your website interactions, such as whether you visit or log in to a website, page visits and related information;
(g) Demographic information, such as inferenced income or age range, household size, or home ownership;
(h) Information regarding consumer interests, such as what type of products you may be interested in, or what types of hobbies you might have, such as whether you are a likely pet owner or a sports or art enthusiast; and/or
(i) Information related to a virtual wallet’s public addresses.
Some of the above information may be inferred. We may combine any of the Personal Data we collect or receive with other Personal Data.
10. We also may share the Personal Data with business and data partners to help support their marketing and allow for more refined targeting. We may also do so for analytical purposes, including to help these other parties measure marketing campaign performance, inform future campaigns, or to handle, analyze, or segregate Personal Data on our or our customers’ behalf.
11. Our website uses Google Analytics, a web analysis service of Google, Inc. Google Analytics employs cookies that are stored on your computer in order to facilitate an analysis of your use of the website. The information generated by these cookies, such as time, place and frequency of your visits to our website, including your IP address, is transmitted to Google’s location in the US and stored there.
12. The Subject may prevent the setting of cookies through our Website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. The Subject may also opt out directly through industry groups:
(a) Network Advertising Initiative (NAI): opt out of all partner cookies Partner Cookies Opt out
(b) Digital Advertising Alliance’s Ad Choices program: can opt-out of all tracking http://optout.aboutads.info
14. The Website contains information that enables a quick electronic contact to RMG. If a Subject contacts the Controller by e-mail or via a contact form, the Personal Data transmitted by the Subject is automatically stored. Such Personal Data transmitted on a voluntary basis by a Subject to the Controller is stored for the purpose of processing or contacting the Subject. There is no transfer of this Personal Data to third parties. The submission of the Subject, with the voluntary indication of Personal Data, is intended to enable the Controller to contact the Subject regarding our Services. Subjects are free to have their Personal Data completely deleted from the data stock of the Controller. By submitting Personal Data on the Website of the Controller, the IP address—assigned by the Internet service provider (ISP) and used by the Subject—date and time of the submission are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our Services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the Controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. The Controller processes and store the Personal Data of the Subject only for the period necessary to achieve the purpose of storage. If the storage purpose is not applicable, or if a storage period expires, the Personal Data is routinely blocked or erased.
15. Subject to certain limitations on certain rights as applicable, you have the following rights in relation to your information, which you can exercise by contacting RMG by sending an email to email@example.com:
(a) to request access to your information and information related to our use and processing of your information, including: (i) the purposes of the processing; (ii) the categories of Personal Data concerned; (iii) the recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organizations; (iv) where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period; (v) the existence of the right to request from the Controller rectification or erasure of Personal Data, or restriction of processing of Personal Data concerning the Subject, or to object to such processing; (vi) the existence of the right to lodge a complaint with a supervisory authority; (vii) where the Personal Data are not collected from the Subject, any available information as to their source; (viii) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the Subject (ix) to obtain information as to whether Personal Data are transferred outside the US and EU, to a third country, or to an international organization. Where this is the case, the Subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
(b) To request and to obtain from the Controller the confirmation as to whether or not Personal Data concerning him/her/them is being processed.
(c) To request the correction or deletion of your information. Subject can request to delete his personal information (the right to be forgotten) in case: (i) the Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) the Subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing; (iii) the Subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the Subject objects to the processing pursuant to Article 21(2) of the GDPR; (iv) the Personal Data have been unlawfully processed; (v) the Personal Data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
16. If one of the aforementioned reasons applies, and a Subject wishes to request the erasure of Personal Data stored, he/she/they may, at any time, contact any employee of the Controller or email firstname.lastname@example.org. An employee of RMG shall promptly ensure that the erasure request is complied with immediately.
(d) to request that company restrict the processing of your information in cases when: (i) the accuracy of the Personal Data is contested by the Subject, for a period enabling the Controller to verify the accuracy of the Personal Data; (ii) the processing is unlawful and the Subject opposes the erasure of the Personal Data and requests instead the restriction of their use instead; (iii) the Controller no longer needs the Personal Data for the purposes of the processing, but they are required by the Subject for the establishment, exercise or defense of legal claims; (iv) the Subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the Controller override those of the Subject.
17. If one of the aforementioned conditions is met, and a Subject wishes to request the restriction of the processing of Personal Data stored by the Controller, he/she/they may at any time contact any employee of the Controller or email email@example.com. The employee of the Controller will arrange the restriction of the processing:
(e) to receive information which Subject has provided to us in a structured, commonly used, and machine-readable format and the right to have that information transferred to another Controller (including a third party Controller);
(f) to object to the processing of your information for certain purposes; and
(g) to withdraw your data protection consent to our use of your information at any time where Controller relies on your consent to use or process that information.
18. RMG’s Website is not intended for use by anyone under the age of 18. We encourage parents and guardians to supervise their child’s use of the Internet. We urge parents to instruct their children to never give out their real names, addresses, phone numbers, or other personal information without a parent’s or guardian’s permission when using the Internet. We recognize a special obligation to protect personal information obtained from children. In compliance with COPPA (the Children’s Online Privacy Protection Act), we have adopted the following policies to keep kids safe (there are exceptions to these policies as noted below):
(a) We will NOT knowingly collect, use, or distribute personal information from children under the age of 13 without prior verifiable consent from a parent or guardian.
(b) Personal information we collect from children under the age of 13 will be used solely by us or our agents for internal purposes only and will NOT be sold or otherwise distributed to third parties.
19. We will NOT knowingly allow children under the age of 13 access to free form chat, message boards, email accounts, or other Services within the RMG Website that would allow them to publicly post or otherwise distribute personal information without prior verifiable consent from a parent or guardian.
(c) We will NOT knowingly ask a child under the age of 13 to divulge more information than is needed to participate in any service.
(d) We will NOT knowingly keep any personal information that is inadvertently included in a child’s email submission, help inquiry, or other one-time request, if we know that the child is under the age of 13. Any such information will be purged promptly after the issue has been resolved.
(e) We will NOT knowingly post any personal information that is inadvertently included in a child’s submission to a general audience contribution area if we know that the child is under the age of 13. Upon notice to us, these submissions will be deleted and handled anonymously thereafter.
(f) We will NOT knowingly provide any direct link to websites that are unsuitable for children or teens.
(g) We will advise children under the age of 13 that they MUST obtain permission from their parent or guardian before sharing ANY personal information.
(h) Upon request, RMG will provide a parent or guardian with a description of the information that may have been provided about their child during a registration process for a program or service of this site.
20. Response Marketing Group reserves the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated Policy on the Website and update the Policy’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
21. Contact Information: If you have any questions or comments about this Policy, the ways in which Response Marketing Group collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your under applicable laws, please contact us at:
Phone: +1 804-740-5460
Response Marketing Group
Attn: Privacy Administrator
1145 Gaskins Road, Suite 109
Richmond, VA 23238
As of January 1, 2023.
Information We Collect:
RMG collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information about its Subjects within the last twelve (12) months:
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
C. Protected classification characteristics under California or federal law
D. Commercial information
E. Biometric information
F. Internet or other similar network activity
G. Geolocation data
H. Sensory data
I. Professional or employment-related information
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
K. Inferences drawn from other Personal Information
“Personal Information” does not include:
· Publicly available information from government records
· Deidentified or aggregated consumer information.
· Information excluded from the CCPA/CPRA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
· Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Response Marketing Group obtains the categories of Personal Information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete or products and services you purchase.
· Indirectly from you. For example, from observing your actions on our Website.
· From third-party business partners such as social media sites, ad networks, and analytics providers
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
· To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
· To provide, support, personalize, and develop our Website, products, and Services.
· To create, maintain, customize, and secure your account with us.
· To process your requests, purchases, transactions, and payments and prevent transactional fraud.
· To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Website, products and Services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our Website, products, and Services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA.
RMG will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
RMG may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
· Service providers;
· Data aggregators.
RMG will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
· Category A: Identifiers.
· Category B: California Customer Records personal information categories.
· Category D: Commercial information.
· Category F: Internet or other similar network activity.
· Category G: Geolocation data.
· Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
· Service providers.
In the preceding twelve (12) months, Company has not sold personal information.
RMG takes and addresses its Users’ privacy concerns with utmost respect and attention. If you believe that there was an instance of non-compliance with this Policy with regard to your personal information or you have other related inquiries or concerns, you may write or contact us via email at: firstname.lastname@example.org. In your message, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Policy has not been complied with. We will investigate your inquiry or complaint promptly. Please note that if you provide RMG with inconsistent privacy preferences, RMG cannot guarantee that your most recent privacy preference will be honored.
It’s important to understand that when you opt out with RMG, we don’t delete your information. We mark it on our databases as “Do Not Share.” We do this because if your information is deleted, in the future, we would have no way to know that you requested that your information not be shared. When you’re marked as “Do Not Share,” we’ll know that you didn’t want your information shared in case your information is later resubmitted. We want to be sure that consumers’ requests are honored until we’re told of a change.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Calling us at +1-804-740-5460
· Sending a letter to us at Response Marketing Group, 1145 Gaskins Road, Suite 109, Richmond, Virginia, 23238
Only you, or a person registered with the Virginia Secretary of State or California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA/CPRA rights. Unless permitted by the CCPA/CPRA, we will not:
· Deny you goods or Services.
· Charge you different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or Services.
· Suggest that you may receive a different price or rate for goods or Services or a different level or quality of goods or Services.
Response Marketing Group reserves the right to amend this Addendum at their discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on the Website and update the Addendum’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.