MarkMonitor

MarkMonitor Inc. is an American software company founded in 1999.

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Transparency

Does the policy require users to be notified in case of a data breach? No

0/7

Decided May 22, 2020 (revision history). This question accounts for 8% of the final score.

Note that all companies operating in the EU are subject to Art. 33 of the GDPR, which requires companies to notify their data protection authority of a data breach within 72 hours of discovering it.

Possible Options

No0/7
Yes, eventually5/7
Yes, within 72 hours7/7
N/A (the service collects so little personal data that notification would not be possible)7/7

Note

There is no requirement for the service to alert you in the event of a data breach

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Will affected users be notified when the policy is meaningfully changed? Yes

5/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

No0/5
Yes5/5
N/A (no personal data—or contact information—collected)5/5

Citation

This Statement may be updated from time to time. Any material future changes or additions to the processing of personal data as described in this Statement affecting you will be communicated to you through an appropriate channel. Generally, we will also place a prominent notice on our Web Site or contact to inform you of the material changes in the updated Statement.

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Is the policy's history made available? Only the date it was last modified

3/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

No0/5
Only the date it was last modified3/5
Yes, with revisions or a change-log5/5

Citation

Effective May 25, 2018

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Does the policy outline the service's general security practices? Somewhat

1/3

Decided May 22, 2020 (revision history). This question accounts for 4% of the final score.

The policy provides only a very vague overview of its security practices.

Possible Options

No0/3
Somewhat1/3
Yes2/3
Yes, including audits2.5/3
N/A (no personal data collected)3/3
Yes, including independent audits3/3

Citation

We take reasonable steps to maintain the security of the personal data that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.

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Collection

Is it clear why the service collects the personal data that it does? Yes

10/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

This question deals with transparency. Even if the service uses data for reasons that aren't ideal for privacy, provided they list all of those uses, the service can still receive full credit for this question. However, if they are not explicit about their uses (by employing language like "such as"), a lower score is assigned.

Possible Options

No0/10
Somewhat4/10
Mostly7/10
Yes10/10
No personal data is collected10/10

Citation

Our legitimate interests in processing personal data are mainly customer and product administration, provision and improvement of our services, domain name registration, protection of legal rights, and marketing. More detailed information about these legitimate interests is set out below for all information and, specifically for WHOIS data, in the WHOIS section above.

Customer and Product Administration: to create your account, provide you with the information, content, products or services that you have requested, provide user and technical support, enforce our terms of business, invoice, administer our relationship with you generally and communicate with you about your account and subscription Domain registration and transfers: to register or transfer domain names, on behalf of our clients, including as described here Brand Protection and Fraud Prevention: to prevent, detect and investigate fraud and intellectual property infringements on behalf of our clients Product Development: to deliver personalized functionality in our services, such as your saved searches. We also analyze product usage information to understand which content and tools are most useful for users. Web Site Analysis and Personalisation: We use information collected on our Web Site in aggregate to better understand your use of the Web Site and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of our Web Site and to analyse the programs and services that we offer. Marketing: to send you marketing communications about events, white papers, and information about our services which may interest you. Your choices in relation to marketing are explained here. Security and Crime Prevention: to prevent fraud or criminal activity, misuses of our Web Site as well as the security of our IT systems, architecture and networks Legal Rights: to exercise our rights, and to defend ourselves from claims and to comply with laws and regulations that apply to our group or third parties with whom we work We balance our and third parties’ legitimate interests against your interests, fundamental rights and freedoms when processing personal data on the basis of legitimate interests. For more information about the balancing exercises we have carried out, please contact us [email protected]

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Does the policy list the personal data it collects? Yes, generally

7/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

All general categories of collected personal data are listed, though not all types of personal data are explicitly mentioned (for example, the list might use a phrase like 'such as' when listing types of personal data).

Possible Options

No0/10
Only summarily3/10
Yes, generally7/10
Yes, exhaustively10/10
N/A (no personal information is collected)10/10

Citation

How you interact with us, and the different products and services you access or use or are identified in connection with, determines what personal data we collect about you. We generally process non-sensitive personal data. However, in the course of our brand protection activities, we may identify conduct that is a criminal offense in some jurisdictions. You can learn more about this in this section.

The personal data we collect consists of the following: -Name and contact details, e.g., name, e-mail address, postal address, telephone number - Login Credentials, e.g., security and credentialing information required to access our services - User inputted content, e.g. content you provide to us when you use our products and services (e.g. if you use notes areas of our products to record your findings or contact our customer service team) - Device information, e.g., information about your computer or other device, such as IP address, location or provider - Usage information, e.g., information about your use of our Web Site, such as date and time of visits, the pages viewed, time spent at our Web Site - Billing information, e.g. credit card number and payment details - Purchase history, e.g. purchases you have made, when your subscriptions expire or renew

In the course of identifying IP infringements or fraudulent activity and in pursuing related enforcement action, we also record data relating to alleged or actual criminal offenses.

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Does the service collect personal data from third parties? Yes

0/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

This includes the use of data brokers and independent verification authorities (such as background check providers).

Possible Options

Yes0/10
Only for critical data7/10
No10/10

Citation

We also collect personal data about you from third parties such as:

the organisation(s) or person(s) who have arranged your access to our products and services (e.g. your employer may provide us with contact information so that we can set up your login) WHOIS registrars in order to enable us to carry out brand protection activities. For example, if a website registered in your name contains potentially infringing material, we look up your contact details so that we can ask you to remove that material [Hyperlink to “How Do We Treat WHOIS Domain Name Registration Information?”] clients who instruct us in connection with our brand enforcement services from internet searches. Where intellectual property infringement may be taking place, we collect personal data relating to web locations (such as IP addresses, social media content, and domain names) other public or paid-for sources in connection with brand protection investigations.

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Does the service allow the user to control whether personal data is used or collected for non-critical purposes? N/A (no data used for non-critical purposes)

5/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Some services allow users to opt-out or opt-in to of non-critical collection or use of personal data, such as collecting data for personalized advertisements.

Possible Options

No0/5
On an opt-out basis, but only for some non-critical data/uses1.5/5
On an opt-out basis, for all non-critical data/uses3/5
N/A (no data used for non-critical purposes)5/5
On an opt-in basis5/5

Note

Data isn't used for non-critical purposes

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Handling

Does the policy allow personally-targeted or behavioral marketing? No

10/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

Possible Options

Yes0/10
Yes, but you can opt-out3.5/10
Yes, but you must opt-in7/10
No10/10

Citation

We share personal data with our employees, third party service providers, partners and in accordance with law. Our third-party service providers are contractually required to protect personal data in a manner that is consistent with this Privacy Statement. We share your information for the purposes set out in this Statement, with the following categories of recipients: • the account administrator, in the case of corporate or shared subscriptions. • service providers who process personal data on our behalf, such as cloud computing providers and web analytics services. • registry operators and data escrow agents where you purchase, transfer, or cancel a domain name • professional advisors such as legal counsel and information security professionals where reasonably required to protect our rights, users, systems and our Web Site • government agencies, law enforcement, courts and other public authorities where we have a duty to or are permitted to disclose your personal data by law • prospective buyers, sellers, advisers or partners in relation to any sale, merger, acquisition, restructure, joint venture, assignment, transfer or similar corporate event, in which case we may disclose your personal data to and your data may be a transferred asset in a business sale We may also provide access to your personal data when legally required to do so, to cooperate with police investigations or other legal or enforcement proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to this Web Site or the public. In those instances, the information is provided only for that limited purpose.

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Does the service allow third-party access to private personal data? Yes, not all parties specified (but only to critical service providers)

7/10

Decided May 22, 2020 (revision history). This question accounts for 12% of the final score.

This may come in the form of outright data sharing or by using local third-party analytics software (such as Google Analytics, which collects a plethora of user information).

Note that whether the policy allows sharing aggregated user data does not affect this question.

If the personal data is encrypted when it passes through the third-party, it does not count as third-party access (as the data is inaccessible to that party).

If personal data has been made public by, for example, posting it to a blog, it does not count as private personal information (and is therefore not considered by this question).

Possible Options

Yes, not all parties specified0/10
Yes, all parties specified (including non-critical service providers such as advertisers)3/10
Yes, not all parties specified (but only to critical service providers)7/10
Yes, all parties specified (only to critical service providers)8/10
No10/10

Citation

We share personal data with our employees, third party service providers, partners and in accordance with law. Our third-party service providers are contractually required to protect personal data in a manner that is consistent with this Privacy Statement. We share your information for the purposes set out in this Statement, with the following categories of recipients: • the account administrator, in the case of corporate or shared subscriptions. • service providers who process personal data on our behalf, such as cloud computing providers and web analytics services. • registry operators and data escrow agents where you purchase, transfer, or cancel a domain name • professional advisors such as legal counsel and information security professionals where reasonably required to protect our rights, users, systems and our Web Site • government agencies, law enforcement, courts and other public authorities where we have a duty to or are permitted to disclose your personal data by law • prospective buyers, sellers, advisers or partners in relation to any sale, merger, acquisition, restructure, joint venture, assignment, transfer or similar corporate event, in which case we may disclose your personal data to and your data may be a transferred asset in a business sale We may also provide access to your personal data when legally required to do so, to cooperate with police investigations or other legal or enforcement proceedings, to protect against misuse or unauthorized use of our Web Site, to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to this Web Site or the public. In those instances, the information is provided only for that limited purpose.

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Does the service allow you to permanently delete your personal data? No

0/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Even if there is a reasonable delay before the data is fully deleted (as is common), the data still counts as "permanently deleted" and satisfies the parameters for this question.

Possible Options

No0/5
Yes, by contacting someone3/5
Yes, using an automated mechanism5/5
N/A (no personal information collected)5/5

Note

There is no requirement for the service to let you delete your data.

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When does the policy allow law enforcement access to personal data? When reasonably requested

3/5

Decided May 22, 2020 (revision history). This question accounts for 6% of the final score.

Possible Options

Always0/5
Not specified0/5
When reasonably requested3/5
Only when required by a court order or subpoena4/5
N/A (no personal data to share)5/5
Never (special legal jurisdiction)5/5

Citation

We share your information for the purposes set out in this Statement, with the following categories of recipients: • government agencies, law enforcement, courts and other public authorities where we have a duty to or are permitted to disclose your personal data by law

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Warnings

MarkMonitor has no warnings published on PrivacySpy. PrivacySpy publishes warnings when it learns a service has announced a data breach or is found misusing user data. If you believe a warning should be published for MarkMonitor, submit one here.


Highlighted Policy Snapshot ALPHA

No highlighted policy snapshot has been created for this privacy policy. To view the policy at its original location, click here.

6/10

How we calculate ratings →


Version Added

May 22, 2020

Ratings Updated

May 22, 2020

Warnings

0

Maintained by

doamatto

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