dAisy Digital Marketing Order Form

Marigold ONE11 Privacy Policy
Last updated: May 21, 2024
Welcome to Marigold ONE11. We are committed to protecting your privacy and handling your data in an open and transparent manner. This privacy policy sets out how we will collect, handle, store, and protect information about you when using our website or services. By using our services, you agree to the terms of this privacy policy and consent to the processing of your data as described herein.

Overview
All personal data collected by Marigold ONE11 complies with the principles of the GDPR, the Data Protection Act 1998, and other relevant laws, ensuring that your data is processed lawfully, fairly, and transparently without adversely affecting your rights.

Data Collection and Usage
a. What We Collect and Why: We collect your name, address, email, and phone number to provide you with our services, manage your account, improve our offerings, and conduct marketing activities. Additional data collected includes features you use in our application, pages visited, number of previous visits, and location, all used to enhance the customer journey and experience.
b. Age: Our services are not intended for individuals under the age of 16. We do not knowingly collect personal data from children under 16. Parents are encouraged to monitor their children’s online activities to prevent the collection of personal data without parental consent.
c. Cookies and Tracking: We use first-party cookies and third-party tags to enhance your experience. You can manage cookies through our website settings to opt out if you prefer.
d. Third-Party Services: We may share your data with third-party service providers to perform functions on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing. These third parties have access to your personal data only to perform these tasks and are obligated not to disclose or use it for any other purpose.

Data Protection and Security
a. Security Measures: We take the security of your data seriously. All personal data is encrypted, protected with access controls, and secured with two-factor authentication.
b. Data Breaches: In the unlikely event of a data breach, we will notify you and the relevant regulatory bodies within 72 hours if your personal data is at risk.
c. Data Retention: We retain your personal data until you request its deletion, ensuring that we only hold your data as long as necessary.

Legal Compliance
In processing your data, we comply with applicable local and international laws, including the General Data Protection Regulation (GDPR) for residents of the EEA, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and California Civil Code Section 1798.83.

User Rights
a. General Rights: You have the right to access, correct, or request the deletion of your personal data at any time. Additionally, you can opt out of direct marketing activities by managing your preferences on our website.
b. Additional Rights for European Residents: If you reside in the EEA, you have additional rights under GDPR such as the right to data portability, the right to restrict processing, and the right to object to processing.
c. Additional Rights for Canadian Residents: Under PIPEDA, you may request access to the personal information we hold about you, and request corrections if necessary.
d. Rights for California Residents: Under California’s “Shine the Light” law, you may annually request and obtain information free of charge about what personal data is disclosed to third parties for direct marketing purposes.

Changes and Notifications
We may update this policy to reflect changes in our practices. If we make significant changes, we will notify you by email at least 30 days before the changes take effect.

Contact Us
For any questions regarding this policy or your personal data, please contact us using the chat feature on this website.

Your Responsibilities
By using our services, you agree not to misuse the personal data of other users and to comply with applicable regulations concerning the use of our services.

Tips and Feedback
We welcome your feedback on our privacy practices. If you have tips or suggestions on how to improve this policy, or if you have concerns about the processing of your personal data, please contact us.

Dispute Resolution
If you have any complaints regarding our compliance with this privacy policy, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal data. If you are not satisfied with our response, you may have the right to lodge a complaint with the relevant data protection authority.

Marigold ONE11 Term of Service
Last updated: June 18, 2024

Welcome to Marigold ONE11’s dAisy Ad Management tool. By using our website and services, you agree to comply with and be bound by the following Terms and Conditions. Please review these Terms carefully. If you do not agree to these Terms, you should not use our services.

Introduction

These Terms and Conditions (“Terms”) govern your use of the dAisy Ad Management tool provided by Marigold ONE11 LLC, located at 1402 Jones Street, Suite 507, Omaha, Nebraska 68102. By accessing or using our website and services, you agree to be bound by these Terms and our Privacy Policy.

Services Provided

Marigold ONE11 provides a variety of digital marketing services, including but not limited to ad management, website design and development, hosting, and managed services. The specific services to be provided outside of dAisy Ad Management will be detailed in individual Statements of Work (SOW) agreed upon by both parties.

User Responsibilities

a. Account Information: You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.

b. Content: You are responsible for all content you upload, post, or otherwise transmit via our services. You must ensure that your content does not infringe on any third-party rights, including intellectual property rights, and complies with all applicable laws.

c. Prohibited Activities: You agree not to engage in any activities that could harm our services or other users, including but not limited to distributing viruses, spamming, hacking, or engaging in any illegal activities.

Fees and Payment

a. Payment Terms: All fees for dAisy Ad Management services provided by Marigold ONE11 are billed in advance monthly. Any fees for the % of advertising spend are billed at month’s end. You agree to pay all fees as specified in SOW for additional services.

b. Late Payments: Any overdue amounts are subject to interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less. You are responsible for any attorney fees incurred by Marigold ONE11 in collecting overdue payments.

c. Taxes: Fees do not include any local, state, or federal taxes. You are responsible for all applicable taxes, except for those based on our net income.

Intellectual Property

a. Ownership: Marigold ONE11 retains all rights, title, and interest in and to the dAisy Ad Management tool and any other services provided. You are granted a limited, non-exclusive, non-transferable license to use the services for your personal or internal business purposes.

b. User Content: By submitting content to Marigold ONE11, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display the content solely in connection with providing our services.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received from the other party. Confidential information includes, but is not limited to, business plans, customer lists, and financial information. This obligation does not apply to information that is publicly available, independently developed, or obtained from a third party without a breach of confidentiality.

Limitation of Liability

a. No Warranties: Marigold ONE11 provides the services “as is” and “as available,” without any warranties of any kind, whether express or implied. We do not guarantee that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

b. Limitation of Damages: In no event will Marigold ONE11 be liable for any indirect, special, consequential, or incidental damages, including but not limited to lost profits, business interruption, or loss of data, arising out of or related to your use of the services.

c. Maximum Liability: Our total liability to you for any claim arising out of or relating to these Terms or our services will not exceed the amount paid by you to Marigold ONE11 in the twelve months preceding the claim.

Termination

a. Termination by Marigold ONE11: We may terminate your access to the services at any time, with or without cause, and with or without notice. Upon termination, you must cease all use of the services and destroy any copies of related documentation in your possession.

b. Termination by You: You may terminate your use of the services at any time by providing written notice to Marigold ONE11. Upon termination, you will remain liable for any unpaid fees and costs incurred prior to the termination date.

Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to these Terms or the services will be governed by the laws of the State of Nebraska, without regard to its conflict of laws principles. Any disputes will be resolved exclusively in the state or federal courts located in Douglas County, Nebraska.

Changes to the Terms

Marigold ONE11 reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through our website. Your continued use of the services after such changes constitutes your acceptance of the new Terms.

Miscellaneous

a. Entire Agreement: These Terms, together with any SOW, constitute the entire agreement between you and Marigold ONE11 regarding the services and supersede all prior agreements and understandings, except for a signed Master Services Agreement.

b. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

c. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

d. Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. Marigold ONE11 may assign its rights and obligations without restriction.

Contact Information

If you have any questions about these Terms, please contact us using the chat feature on this website.