Effective on: July 25, 2019
Introduction and Scope
Madison acts as an agent, also known as a data processor, for the Personal Data we process for our customers when providing our Services. This means that our customers determine the type of Personal Data they provide for us to process on their behalf. We typically have no direct relationship with the individuals whose Personal Data we receive from our customers.
Basis of Processing
Within the scope of this Policy, we process Personal Data based on the instructions of our customers.
How We Receive Personal Data
We may receive your Personal Data when:
you provide it directly to us as part of using our Services;
our customers (including their employees, contractors, and other representatives of the company) provide it to us; or
our service providers provide it to us.
Categories of Personal Data
We may process the following types of Personal Data:
Log-in information, such as username and password;
Contact information, such as email address and postal addresses;
Professional information, such as employer company and position; and
Purposes of Processing
We may process your Personal Data for the purposes of:
Allowing users to log on to and use the Service;
Populating and modifying profiles;
Allowing users to enter contests;
Tracking points and allowing users to spend points;
Tracking various milestones; and
Tracking and establishing incentive, reward, and recognition programs.
We retain Personal Data for as long as instructed by the respective customer (who typically acts as a data controller). We delete the Personal Data submitted to us within six months of the end of our service agreement with the customer, unless applicable laws or the specific agreement with that customer require otherwise.
Sharing Personal Data with Third Parties
We may share Personal Data with our service providers, who process Personal Data on our behalf, and who agree to use the Personal Data only to assist us in providing our Services or as required by law. Our service providers may provide:
Internet hosting services;
cloud storage services;
call center services; and
merchandise vendor services.
Some of these third parties may be located outside of the United States. However, before transferring your Personal Data to these third parties, we will either ask for your explicit consent or require the third party to maintain at least the same level of privacy and security for your Personal Data that we do. We remain liable for the protection of your Personal Data within the scope of our Privacy Shield certification that we transfer to third parties, except to the extent that we are not responsible for the event that leads to any unauthorized or improper processing.
Other Disclosure of Your Personal Data
We may disclose your Personal Data to the extent required by law, or if we have a good-faith belief that we need to disclose it in order to comply with official investigations or legal proceedings (whether initiated by governmental/law enforcement officials, or private parties). We may also disclose your Personal Data if we sell or transfer all or some of our company’s business interests, assets, or both, or in connection with a corporate restructuring. Finally, we may disclose your Personal Data to our subsidiaries or affiliates, but only if necessary for business purposes, as described in the section above.
We reserve the right to use, transfer, sell, and share aggregated, anonymous data for any legal business purpose. Such data does not include any Personal Data. The purposes may include analyzing usage trends or seeking compatible advertisers, sponsors, and customers.
If we have to disclose your Personal Data to governmental/law enforcement officials, we may not be able to ensure that those officials will maintain the privacy and security of your Personal Data.
We use session and persistent cookies. Session cookies are deleted when you close your browser. Persistent cookies may remain even after you close your browser, but always have an expiration date. Most of the cookies placed on your device through our Services are first-party cookies, since they are placed directly by us.
If you would prefer not to accept cookies, you can change the setup of your browser to reject all or some cookies. Note, if you reject certain cookies, you may not be able to use all of our Services’ features. For more information, please visit https://www.aboutcookies.org/.
You may also set your browser to send a Do Not Track (DNT) signal. For more information, please visit https://allaboutdnt.com/. Please note that our Services do not have the capability to respond to “Do Not Track” signals received from web browsers.
Data Integrity & Security
We have implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect Personal Data from unauthorized processing. This includes unauthorized access, disclosure, alteration, or destruction.
Access & Review
If we process your Personal Data, you may have the right to request access to (or to update, correct, or delete) such Personal Data.
If we have received your Personal Data in reliance on the Privacy Shield, you may also have the right to opt out of having your Personal Data shared with third parties and to revoke your consent to our sharing your Personal Data with third parties. You may also have the right to opt out if your Personal Data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you subsequently authorized. To submit these requests or raise any other questions, please contact us by using the information in the “Contact Us” section below.
EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
For Personal Data processed in the scope of this Policy, Madison complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (the “Privacy Shield”), as adopted and set forth by the U.S. Department of Commerce regarding the processing of Personal Data transferred from the European Union, the European Economic Area, the United Kingdom, or Switzerland to the United States, or otherwise received in reliance on the Privacy Shield. We commit to adhere to the Privacy Shield Principles and have certified our adherence to the Department of Commerce.
Where a privacy complaint or dispute cannot be resolved through our internal processes, we have agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/
If your dispute or complaint can’t be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you under the Privacy Shield’s “Recourse, Enforcement and Liability Principle” and Annex I of the Privacy Shield.
U.S. Regulatory Oversight
Madison is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Changes to this Policy
If we make any material change to this Policy, we will post the revised Policy to this web page. We will also update the “Effective” date. By continuing to use our Services after we post any of these changes, you accept the modified Policy.
If you have any questions about this Policy or our processing of your Personal Data, please write to our Privacy Department by email at email@example.com or by postal mail at:
Madison Performance Group
18 East 41st Street, 13th Floor
New York, NY 10017
Please allow up to four weeks for us to reply.
European Union Representative
We have appointed VeraSafe as our representative in the EU for data protection matters. While you may also contact us, VeraSafe can be contacted on matters related to the processing of Personal Data. To contact VeraSafe, please use this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative/ or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd
Unit 3D North Point House
North Point Business Park
New Mallow Road
VeraSafe Netherlands BV
Keizersgracht 391 A
1016 EJ Amsterdam
VeraSafe Czech Republic s.r.o.
Prague 1, 11002
Data Protection Officer
We have appointed VeraSafe as our Data Protection Officer (DPO). While you may contact us directly, VeraSafe can also be contacted on matters related to the processing of Personal Data. VeraSafe’s contact details are:
22 Essex Way, #8203
Essex, VT 05451