Marq Software Privacy Policy

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Updated May 25, 2021

This Privacy Policy (“Policy”) describes how LPS Holdco LLC (“LPS,” “we,” or “us”) collects, uses and discloses your personal information. This Policy applies to information we collect when you use our websites, mobile applications and other online products and services where this Policy is posted (collectively, the “Services”).

We may change the provisions of this Policy at any time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our information collection, use and disclosure practices. If we make material changes to this policy, we will provide you with additional notice of such changes.

On May 25, 2021, LPS Holdco LLC updated this Policy: (1) to clarify where we may host, process, and transfer data we collect when you use the Services; (2) to inform you of your ability to disable certain types of cookies, other similar tracking technologies, and analytics services; and (3) in accordance with the final regulations issued pursuant to the California Consumer Privacy Act of 2018.

Information We Collect

Information That You Provide to Us

LPS Holdco LLC may collect information that you provide when you use the Services, such as when you: (1) create an account; (2) make a purchase; (3) participate in events or promotions; (4) send questions or comments via e-mail or live chat to Lucid customer support; (5) apply for a job with us online; (6) fill out surveys; or (7) otherwise communicate with us through or about the Services. The types of personal information that you provide may include your name, e-mail address, telephone number, postal address, credit card information, and other contact or identifying information that you choose to provide.

LPS Holdco LLC stores, processes and maintains files that you create and/or upload using the Services (as well as previous versions of your files), including LPS Holdco LLC documents that you create, sharing lists, and other data related to your account in order to provide the service to you.

Information About Use of Our Services

LPS Holdco LLC’s servers automatically record certain information about your use of the Services. LPS Holdco LLC uses a variety of technologies to collect this information, including persistent and session cookies, web beacons, and pixel tracking technology. The information we collect includes storage usage, number of log-ins, actions taken, data displayed or clicked on (e.g., UI elements, links), and other login information (e.g., browser type, IP address, date and time of access, cookie ID, referrer URL, etc.). Lucid may collect automated error reports in the case of software malfunction; such error reports may contain some or all of the information in your documents and may be reviewed to help resolve problems with the LPS Holdco LLC applications or service. 

When you participate in a videoconference with us, we may record the session and retain recordings of the session if we notify you that the session is being recorded so that you can opt out.

If you participate in a training or product course, we collect course completion data.

Information We Collect from Third Parties

We may obtain information from other sources and combine that with information we collect through our Services. For example:

• If you create or log into your account through a third-party social networking site or one of our integration partners, we will have access to certain information from that service, such as your name and account information. 
• If you elect to purchase a license to use our products, we may receive information about your purchase from our third-party payment processor.
• We may collect information from unaffiliated third parties so we can better understand you and provide you with information and offers that may be of interest to you. For example, we may receive information about your company, company size, job title, and job level as well as contact information, such as email address or phone number. 

Please note that all of the information we collect about you may be combined and used for the purposes described in the “How We Use Your Information” section below.

How We Use the Information We Collect

We use personal information collected through our Services for purposes described in this Policy or otherwise disclosed to you on or in connection with our Services. For example, we may use your information to:

• Operate and improve our Services;
• Send you advertising or promotional materials, including information about new products, contests, features and enhancements, special offers and other events of interest from LPS Holdco LLC and our select partners;
• Provide and deliver the products and Services you request, process transactions, and to send you related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Monitor and evaluate trends, usage and activities in connection with our Services;
• Personalize and improve the Services and provide content, communications or features that match user profiles or interests; and
• Link or combine with other information we get from third parties to help understand your needs and provide you with better service.

LPS Holdco LLC reserves the right to review documents to help resolve problems with our software or Services, or to ensure compliance with our Terms of Service.

Information Sharing

LPS Holdco LLC may share your personal information with third parties in the following circumstances:

• Files you create, upload, or copy into our products may, if you choose, be read, copied, used and redistributed by people you know or, again if you choose, by people you do not know. Information you disclose using the chat function of the Services may be read, copied, used and redistributed by people participating in the chat. Use care when including sensitive personal information, such as home addresses or phone numbers, in files you share or in chat sessions.
• Some features of our Services may be provided by third parties (e.g., payments processing, sharing features of social networks such as Facebook and Google+, integration features, etc.), who may receive and process your data. When you use one of these features, you may be sharing data with the third party, including allowing the third party to process your data. Access to your data by these third parties is not governed by this Privacy Policy.
• With your employer if you are a registered user, and the domain of the primary email address associated with your account is owned by your employer and that email address was assigned to you as an employee of that organization, and an authorized representative of that organization wishes to establish an enterprise account and add you to it, then certain information concerning your individual account may become accessible to that organization’s administrator, including your name and email address, and your account may be added to the corporate account.
• With third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us. These entities have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us, and, unless we notify you otherwise and provide you with an opportunity to opt-out, will not use your personal information for any purpose other than as described in this Policy.
• With data analytics and advertising services in order to understand your preferences and to show you advertising about our Services.
• With law enforcement, courts of competent jurisdiction, or others when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of LPS Holdco LLC, its users or the public as required or permitted by law.
• When we have your consent.
• In connection with, or during negotiations of, any merger, sale of some or all of LPS Holdco LLC’s assets, bankruptcy or reorganization, financing or acquisition of all or a portion of LPS Holdco LLC’s business to another company.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who used a type of document or how many users clicked on a particular advertisement. Such information does not identify you individually.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and display advertisements for our Services. These providers (for example, Google Analytics) may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of our Services. This information may be used by us and others to determine the popularity of our Services, deliver advertising and content targeted to your interests in the Services and on other websites, apps, and other services, and to better understand your online activity.

For more information about cookies and your choices, please review our Cookie Policy. You may opt out of interest-based advertising provided by participating ad servers through the Digital Advertising Alliance, the Network Advertising Initiative, or the European Interactive Digital Advertising Alliance You can opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout. You can also check your mobile device for settings that control ads based on your interactions with the applications on your device. Additional information can be found here: https://www.networkadvertising.org/mobile-choice.

Data Security

LPS Holdco LLC takes reasonable measures to protect your personal information and your documents from loss, misuse and unauthorized access, disclosure, alteration and destruction and to ensure that your documents remain available to you.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We store our backups for six (6) months. We may retain certain information for legitimate business purposes or as required by law.

Hosting and Data Transfer

We are based in the United States and unless we expressly agree otherwise, we may host, transfer, and process data, including personal information, in the United States and in other countries through Lucid affiliates and third parties that we use to operate and manage the Services. These countries may have data protection laws that are different from those of your country of residence. Lucid uses a variety of safeguards, including contractual and technical measures, to protect the data we transfer.

In connection with LPS Holdco LLC’s processing of personal data it receives from the European Union, United Kingdom, or Switzerland (“European Data”), LPS Holdco LLC adheres to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce (the “Principles”). For more information about the Principles, please visit the Department of Commerce’s Privacy Shield website.

Please direct any inquiries or complaints regarding our compliance with the Principles to the point of contact listed in the “Contact Us” section below. If LPS Holdco LLC does not resolve your complaint, you may submit your complaint to JAMS, LPS Holdco LLC’s designated alternative dispute resolution provider for Privacy Shield issues at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. JAMS is located in the United States and their services are provided at no cost to you. Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint.

LPS Holdco LLC is subject to the investigatory and enforcement powers of the FTC. If LPS Holdco LLC shares European Data with a third-party service provider that processes the data solely on our behalf, then LPS Holdco LLC will be liable for that third party’s processing of European Data in violation of the Principles, unless LPS Holdco LLC can prove that it is not responsible for the event giving rise to the damage.

Under the Principles, you have the right to access your information that LPS Holdco LLC has collected from you. You may do so by contacting LPS Holdco LLC using the “Contact Us” information below or through our designated Privacy Shield dispute resolution provider. You have the right to limit the use and disclosure of your personal data by not providing said information to LPS Holdco LLC or by not using our Services. You may request that LPS Holdco LLC correct, amend, or delete your information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of other persons would be violated.

Your Choices and Rights

You have several choices with respect to your personal information, as follows: 

• You may terminate your use of the Services at any time.
• Accessing, Editing, or Deleting your Personal Information. If you have created an account, you may at any time review and/or update the contact information we have for you. Please note that even if you delete information from your account, or deactivate it, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information for a certain period of time. 
• Promotional Communications. You may opt out of receiving promotional emails, text messages, or mail from LPS Holdco LLC by visiting your user settings page at marq.com/users/settings, as applicable, and updating your communications preferences, by following the instructions in emails or text messages, by visiting this website, or by sending an e-mail to privacy@marq.com, as applicable. If you opt out, we may still send you transactional or relationship messages, such as emails about your account or updates to our Services.
• Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Services. For more information about how to delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. For more information about your options, please visit our Cookie Policy.

California Privacy Disclosure

Under the California Consumer Privacy Protection Act (CCPA), we are required to provide you with information about the information LPS Holdco LLC may collect, the purpose for which we collect such information, the sources of that information, and the categories of third parties with whom we share that information.

In the preceding 12 months, we have collected the following categories of personal information: identifiers, financial information, internet or electronic network activity information, professional and employment-related information, education information, and inferences. For details about the precise data points we collect and the categories of sources of such collection, please see the Information We Collect section above. We collect personal information for the business and commercial purposes described in the How We Use the Information We Collect section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Your California Rights

California residents have the right to request access to or deletion of their personal data. You may exercise these rights as described in the “Your Choices and Rights” section above, or by emailing us at privacy@marq.com, as applicable. California residents also have the right to request additional details about our information practices and to not be discriminated against for exercising their rights. After submitting a request to access or delete your personal data, please monitor your email address associated with your Marq account for correspondence from LPS Holdco LLC aimed at verifying your identity before we process your request. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with written authority to submit requests on your behalf. We may also require that you confirm your request and your identity directly with Marq.

LPS Holdco LLC does not sell the personal information of its users, in the traditional sense (i.e., in exchange for payment). However, the CCPA defines the term “sale” very broadly, including in such a way that transfers of information relating to advertising cookies could be considered a sale. As described above and in our Cookie Policy, we may share your personal data with advertising partners so that they can show ads promoting Marq on other properties. If you are a California resident, and to the extent that any of these services are considered a “sale” of personal information under the CCPA, then you have the right to opt-out of the sale. You may opt out of the use of your information for interest-based advertising purposes as described in the “Advertising and Analytics Services Provided by Others” section above.

Residents of the European Economic Area

If you are a resident of the European Economic Area (EEA), please review this additional information.

Legal Basis for Processing

When we process your personal data, we will only do so in the following situations:

• We have your consent to do so. For example, we may ask your consent to send you marketing communications.
• We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Services you have requested).
• We have a legitimate interest in processing your personal data. For example, we may process your personal data to communicate with you about changes to our Services, and to provide, secure, and improve our Services.

Your Rights

You have certain rights and protections under the law regarding the processing of your personal data. You may access, review, modify, and delete your personal data by following the instructions under “Your Choices and Rights” above.

Questions or Complaints 

If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Contact Us

If you have questions or concerns regarding this Policy, please contact LPS Holdco LLC at: privacy@marq.com, as applicable, or at 13907 S Minuteman Dr, Ste 225, Draper, UT, 84020, Attn: Privacy Notices.