Privacy Policy
PRIVACY POLICY
Introduction
This Privacy Policy (this “Policy”) applies to MarketTime.com and any other website that we or any of our affiliates operate (each a “Site” and, collectively, the “Sites”). MarketTime, LLC, a Texas limited liability company (“MarketTime”, “we”, or “us”) operates each Site to provide online access to information about MarketTime and the products and services we offer.
Your use of any Site is governed by our Terms of Use. This Policy is incorporated into the Terms of Use.
This Policy describes the types of information we may collect from you or that you may provide to us and our practices for collecting, using, maintaining, protecting, and disclosing that information when you visit a Site or access or use any content, functionality, and services offered on or through a Site (collectively, the “Services”).
This Policy applies to personal information we collect:
- On a Site;
- In email, text, and other electronic messages between you and MarketTime;
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; or
- When you provide information, data, materials, text, prompts, images, or other content on or through the Services.
This Policy does not apply to information collected by:
- Us offline or through any other means; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services.
Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your only recourse is not to use the Services. We may update or revise this Policy from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we update or revise this Policy will constitute your acceptance of those updates or revisions.
Children Under the Age of 18
Our Services are not intended for children under 18 years of age. We do not knowingly collect information from children under 18. If you are under 18, do not use or provide any information through the Services. If we learn we have collected or received information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the information below.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information:
- By which you may be personally identified, such as name, payment card information, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
- About your internet connection, the equipment you use to access our Services, and usage details; and
- About your business, including the name of your company, your company’s state of incorporation, business address, EIN, and date of incorporation (“business information”).
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
- From third parties, for example, our business partners (including Third-Party Platform Integrations).
If you are located in the United Kingdom or the European Union, we process your personal data only where we have a lawful basis under applicable law. These bases include:
- Consent: You have given us consent to process your personal data for a specific purpose.
- Contract: Processing is necessary to perform a contract with you or to take steps at your request before entering into a contract.
- Legal Obligation: Processing is necessary to comply with a legal obligation.
- Legitimate Interests: Processing is necessary for our legitimate interests, provided those interests are not overridden by your rights and interests.
Information You Provide to Us
The information we collect on or through our Services may include:
- Information that you provide (e.g. by using or filling in forms on a Site or while interacting with the Services). This includes information provided at the time of registering to use the Services, subscribing to the Services, posting or providing material, or requesting further services.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Details of transactions you carry out through the Services and of the fulfillment of your requests.
- Your search queries and activities on a Site or while interacting with the Services.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through a Site and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to a Site or interactions with our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on a Site or through your interactions with our Services.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Services according to your individual interests.
- Speed up your searches.
- Recognize you when you return to a Site and interact with our Services.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to a Site.
- Web Beacons. Certain sections of our Services and our emails may contain small electronic files knows as web beacons (also referred to as clear gifs, pixel tags, and single-pixels gifs) that permit us, for example to count the users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
- Log Files. Like many websites and technology services delivered over the Internet, we collect and store information that your browser sends to us when you visit a Site or interact with the Services. This information may include your IP address, browser type, browser version, domain names, the pages of the Sites that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
- Google Analytics. We also use Google Analytics as a tool for tracking and analyzing web traffic to the Sites. Google Analytics runs on MarketTime’s server and uses a combination of first-party cookies and Javascript code to compile information that is synthesized into reports about page visits, referring sites, user habits, and similar data. MarketTime does not give Google access to any user information other than IP addresses.
Google has created an “Opt-out Browser Add-on” for users who wish to use the Services while preventing their data from being accessed or used by Google Analytics. If you want to opt out of the features on a Site that relies on Google Analytics, please follow the directions provided by Google here: https://tools.google.com/dlpage/gaoptout.
Purpose of Collection
We use information that we collect about you or that you provide to us, including any personal information to:
- Provide the Services. We may use your personal information to provide the Services, and any other services you may request from us. This includes allowing our customers to submit orders for products produced by third-party suppliers that we feature on the Sites (“Suppliers”).
- Monitor the Services. We collect your personal information for monitoring purposes to help us diagnose problems with our servers, administer and troubleshoot Services, calculate usage levels, analyze industry standards, and analyze transactions, trends, and statistics regarding the use of the Services.
Respond to Inquiries and Fulfill Requests. We may use your personal information to respond to your inquiries and to fulfill your requests for information. - Communicate with You. We may use your personal information to communicate with you about items that may be of interest to you. We may also contact you on behalf of our third-party business partners about a particular offering of theirs that may be of interest to you.
- Improve the Services. We may use your personal information to make the Services more stable and user-friendly, to analyze issues with the Services, improve the design and content of the Services, personalize your experience, analyze how the Services are used, offer new Services, and to develop new marketing programs relating to the Services.
- Customer Service. We may use your personal information when contacting you regarding customer service, to resolve disputes, or in response when you provide feedback. We may also use your information to send administrative emails regarding the Services or to inform you of any changes to this Policy, our terms, or other agreements with you.
- Support Business Operations. We may use your personal information to support our internal business operations, including account management, marketing, security, and advertising.
- Enforce Agreements. We may use your personal information to enforce separate agreements between you and us, enforce this Policy, our Terms of Use, other agreements with you.
- Fulfill Other Purposes. We may use your personal information to fulfill: (a) any other purpose for which you provide it; (b) any legal or regulatory requirements and any of our internal policies; (c) other purposes disclosed at the time of collection; (d) any other purpose with your consent; and (e) any other purposes set forth in this Policy.
Third Party Links
As stated above, our Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us—and which may link to other websites, services, or applications. Please be aware that we are not responsible for the privacy or practices of other websites or third parties. We do not make any guarantee regarding those third-party websites, services, or applications, and we are not liable for any loss or damage caused by the use of such sites. Any data collected by third parties is not covered by this Policy. You should review the policies of the third parties and contact them directly if you have any questions about their services or practices.
Third-Party E-Commerce Platform Integrations (e.g., Shopify Application)
MarketTime provides integrations, applications, and plugins designed to connect our Services with third-party e-commerce platforms, including the Shopify App Store (collectively, “Third-Party Platform Integrations”).
When a merchant installs a MarketTime application or enables a Third-Party Platform Integration, the integration is configured to sync catalog and operational data essential for wholesale management. MarketTime does not collect, request access to, or process end-consumer data, buyer transaction logs, or shopper order histories from your third-party store.
Depending on the specific configuration and permissions granted by the merchant, MarketTime collects and processes exclusively the following business and inventory records:
- Product Data: Product listings, titles, descriptions, variants, SKUs, and wholesale/retail pricing structures.
- Inventory and Stock Metrics: Inventory counts, and availability status across designated locations.
- Merchant Store Profile Information: General shop details configuration, including corporate store name, physical business locations, primary business contact email, and platform-specific shop identifiers.
Purpose of Processing: We utilize this data solely to provide, maintain, and optimize the functional synchronization features of our Services, such as aligning wholesale supply pipelines. MarketTime treats data synced from Third-Party Platform Integrations in accordance with our standard corporate data security and business confidentiality protocols.
Third-Party Platform Integrations Terms: Your information may be collected and processed by Third Party Platform Integrations in accordance with their privacy policies. Please review their privacy policies for information regarding the collection, use, disclosure, and protection of your personal information.
Consent and Withdrawal
Where required by law, we will obtain your consent before collecting, using, or disclosing your personal information. You may withdraw your consent at any time by contacting us using the details in the Contact Us section. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
Disclosure of Your Information
We may disclose deidentified and aggregated information about our users without restriction.
We may disclose information, including personal information and business information, to Suppliers to provide you with the Services. Suppliers will collect and use this information in accordance with their own privacy policies, and MarketTime is not responsible for Suppliers’ use of this information.
We may disclose personal information that we collect or that you provide as described in this privacy policy:
- To our subsidiaries or affiliates;
- To contractors, service providers, and other third parties we use to support our business (including Third-Party Platform Integrations) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MarketTime’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MarketTime about users of the Services is among the assets transferred;
- To third parties to market their products or services to you if you have not opted out of these disclosures (we contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them);
- To fulfill the purpose for which you provide it; for example, when using the Services, you may provide us with information to sign up for seminars, request specific information about programs, or register or apply for various programs or services, and we will use the information you provide us to evaluate and process your request or application or provide you with the services you request;
- For any other purpose disclosed by us when you provide the information; and
- With your consent.
We may use for other purposes and disclose to third parties information that does not constitute personally identifiable information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- To enforce or apply the Terms of Use and other agreements between you and MarketTime; and
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MarketTime, our customers, or others, including by exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
How Long We Retain Your Information
We will keep your personal information while you have an account with us or while we are providing the Services to you. Thereafter, we will keep your personal information for as long as is necessary to respond to any questions, complaints or claims made by you or on your behalf or to the extent necessary to keep records required by law.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please consult your browser’s documentation to learn how. Note that certain portions of the Services may not operate as intended if you refuse certain cookies.
- Promotional Offers from MarketTime. If you do not wish to have your email address/contact information used by MarketTime to promote our own products or services, you can opt-out by using the UNSUBSCRIBE feature in the email you receive from MarketTime, which will remove you from future email distributions. This opt out does not apply to information provided to MarketTime as a result of a transaction or your interactions with the Services.
- How Do We Use Cookies and Online Tracking? When you visit our Sites, use our Services, or visit a third party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible. Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
Do Not Track
Our Services do not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track signals by visiting the preferences or settings page of your web browser.
Confidentiality and Security
MarketTime values your privacy and is committed to protecting your personal information. We have appropriate administrative, technical, and physical safeguards in place to ensure the integrity and security of your personal information. We undertake commercially reasonable efforts to guard against unauthorized access, use, alteration, or destruction of personal information.
Updating Your Information
If you are a user who has a registered account on a Site, you can review and change some of your personal information by logging into a Site and visiting your account details page, or contacting us at the information below.
We may revise or update this Policy from time to time. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Sites’ home pages. The last date of revision of this Policy is set forth above. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Sites and this Policy to check for any changes.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Accessing and Correcting Your Information
You may also send us an email at the email address set forth below to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.
Your California Privacy Rights (CCPA/CPRA)
This privacy notice section for California residents supplements the information contained in this Policy and it applies solely to all visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
| Category of Personal Information | Examples | Collected |
| Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | Yes |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | A name, signature, address, telephone number, credit card number, debit card number, and those collected and processed through Third-Party Platform Integrations. | Yes |
| Characteristics of protected classifications under California or federal law: | Race, color, age (40 years and older), ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (in | No |
| Commercial information: | Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes |
| Internet or other electronic network activity information: | Browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. | Yes |
| Geolocation data: | Physical location and/or movements. | Yes |
| Sensory data: | Audio, electronic, visual, thermal, olfactory, or similar information. | No |
| Non-public education information (as defined in the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)): | Education records, files, documents, and other materials directly related to a student maintained by an educational agency or institution or by a person acting for such an agency or institution, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No |
| Inferences drawn from other personal information: | Information used to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | No |
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Identifiers
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Commercial information
- Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed.
Share of Personal Information
We may share your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Our affiliates
- Our business partners
- Third-Party Platform Integrations
- Third party vendors whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
Shine the Light.
Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal information (e.g., name, e-mail and mailing address and the type of services provided to the consumer) that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us as directed in the Contact Us section below with a reference to Shine the Light inquiry.
Purpose & Sources of personal information Collected.
We may collect (and have collected during the 12-month period prior to the “Last Modified” date of this Policy) the categories of personal information from the sources and for the purposes as described in the above sections.
Children Under the Age of 16
Our Services are not intended for children under 16 years of age. We do not knowingly collect information from children under 16 nor do we sell or share the personal information of consumers under the age of 16. If you are under 16, do not use or provide any information through the Services. If we learn we have collected or received information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the information below.
Selling and Sharing personal information.
We do not sell or share your personal information in exchange for monetary consideration; however, we may use tools described above (such as Google Analytics), which may be interpreted as sharing your personal information. As such, please see the above sections for more information regarding opting out of use of these tools.
Privacy Rights.
Under California State Law, consumers have certain rights regarding their personal information, as described below.
- Right of Access. You have the right to request, twice in a 12-month period, that we disclose to you the following information about you, limited to the preceding twelve (12) months:
- The categories of personal information that we collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting personal information;
- The categories of third parties with whom we share personal information;
- The specific pieces of personal information that we have collected about you;
- The categories of personal information that we disclosed about you for a business purpose (if any); and
- For each category of personal information identified, the categories of third parties to whom the information was disclosed (if any).
- Right of Deletion. You have the right to request that we delete any personal information about you which we have collected from you, subject to exceptions within the law.
- Right to Opt-Out. You have the right to opt-out of the disclosure of personal information about you for monetary or other valuable consideration.
- Right to Limit Use and Disclosure of Sensitive Personal Information. You may request specific limitations on further sharing, use, or disclosure of your sensitive personal information that is collected or processed.
- Right to Correction. You have the right to request that we maintain accurate personal information about you and correct any personal information about you which we have collected from you, subject to exceptions within the law.
Request Processing and Verification.
In order to protect your personal information from unauthorized access, deletion, rectification, or restriction we may require you to verify your identity before we will process any request to know or delete personal information. If we cannot verify your identity (and, where applicable, proof of residency) to our satisfaction, we will not provide or delete your personal information.
You may submit a request to know or delete your personal information through an authorized agent. Such an agent must present signed written authority to act on your behalf and must be able to verify your identity (and, where applicable, proof of residency) to our satisfaction.
If you would like to exercise your privacy rights, please refer to the Contact Us section.
Your Canada Privacy Rights (PIPEDA)
If you are located in Canada, you have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA), including:
- Right to Access your personal information and obtain details about how it is used and disclosed.
- Right to Correct inaccuracies in your personal information.
- Right to Withdraw Consent for the collection, use, or disclosure of your personal information, subject to legal or contractual restrictions.
- Right to Challenge Compliance with PIPEDA principles and file a complaint with the Office of the Privacy Commissioner of Canada.
We process your personal data only where we have a lawful basis, such as consent, contract performance, legal obligation, or legitimate interest. If you would like to exercise any of your rights, please contact us at the information below.
General Data Protection Regulation (GDPR)
MarketTime seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed herein will apply to each individual data subject and may not apply to you depending upon your jurisdiction. You may have certain rights regarding the personal information we process about you. Some of these rights may only apply in specific circumstances, depending on your location. If you wish to manage, update, restrict, or delete your personal data, please contact us as described in the Contact Us section below.
To the extent provided by the GDPR and UK GDPR, data subjects in the European Union (“EU”) or United Kingdom (“UK”) may exercise the following rights:
- Right to Access. You have the right to request copies of your personal information.
- Right to Rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete.
- Right to Erasure. You have the right to request that we delete any personal information about you which we have collected from you, subject to exceptions within the law.
- Right to Restrict Processing. You have the right to request that we restrict the processing of your personal information, under certain conditions.
- Right to Object to Processing. You have the right to object to our processing of your personal information, under certain conditions.
- Right to Data Portability. You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
- Right to Withdraw Consent. You have the right, at any time, to withdraw consent where processing is based on consent.
- Right to Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority in your jurisdiction.
If we process your personal information based on our legitimate interests as explained in this Policy, you can object to this processing in certain circumstances. In such cases, we will cease processing your personal information unless we have compelling, legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal information for direct marketing purposes, you can always object using the “unsubscribe” link in such communications or changing your account settings if you have registered for an account. However, please note you may not opt-out of Service-related communications, such as account verification, changes or updates to features of the Service, or technical and security notices.
Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting us as described in the Contact Us section below. A withdrawal of consent will not affect the validity of our use of your personal information up until the point you have withdrawn your consent.
International Data Transfers
MarketTime is based in the United States, and we process and store information on servers located in the United States. By accessing or using the Services or otherwise by providing information to us, you consent to the processing, transfer and storage of information in and to the United States, where you may not have the same rights as you do under local law. Continually, by using our Services, or by providing any personal information to us, where applicable law permits, you consent to the transfer, processing, and storage of such information outside of your country of residence where data protection standards may be different. Where required by law, we implement appropriate safeguards, such as Standard Contractual Clauses approved by the European Commission or UK authorities, to protect your personal information.
Contact Us
If you have any further questions, concerns, comments or you would like to exercise any applicable rights listed above, please use the contact information listed below.
MarketTime, LLC
2050 N. Stemmons Frwy., Suite 187
Dallas, TX 75207
Terms of Use
Welcome to the MarketTime Website Terms of Use (“Terms of Use”) that apply to MarketTime.com and any website where we display these terms (each a “Site”). MarketTime, LLC, a Texas limited liability company (“MarketTime”, “we”, or “us”) operates each Site to provide online access to information about MarketTime and the products and services we offer.
Please read these Terms of Use carefully. By using a Site, you represent to us that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not use a Site.
1. Agreement. These Terms of Use govern your access to and use of a Site. We may modify these Terms of Use at any time without giving you prior notice. Your use of a Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use, as modified. The last date we updated these Terms of Use is set forth above.
2. Privacy. Your use of a Site is also governed by our Privacy Policy[1] , which is incorporated into these Terms of Use. We reserve the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.
3. Site Content. We provide each Site on an “as is” basis, and a Site may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on a Site are accurate, complete, or current. We do not warrant that a Site or its features will always be accessible or that they will function in an error free manner. We do not warrant that files available for downloading through a Site will be free of infection by software viruses or other harmful computer code, files, or programs. We reserve the right to cease operating a Site or any of its features at any time.
4. Intellectual Property. All content on a Site, including graphics, logos, trademarks, images, and software is, and will continue to be, the property of MarketTime or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of a Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of a Site.
5. Site Use. Each Site is for your personal and non-commercial use, unless otherwise specified. You shall not use any service provided by a Site for any other purpose, including any commercial purpose, without our prior written consent. You shall not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to a Site.
6. Acceptable Use and Prohibited Conduct. You shall not engage in any of the following activities: (a) accessing or using a Site for any unlawful purpose; (b) attempting to gain unauthorized access to any systems, servers, or networks connected to a Site; (c) interfering with or disrupting the security or integrity of a Site; (d) uploading or transmitting any viruses, malware, or other harmful code to a Site; (e) using any automated means to access a Site without our prior consent (including bots, spiders, scrapers, or crawlers); (f) impersonating any person or entity or misrepresenting your affiliation with any person or entity while using a Site; (g) engaging in any activity while using a Site that could damage, disable, overburden, or impair the proper operation of a Site. You acknowledge that we may suspend or terminate your access to a Site at any time for any violation of these Terms of Use or for any other reason in our sole discretion.
7. Feedback. If you submit any feedback, suggestions, or other materials (“Submissions“) to MarketTime, whether via a Site or otherwise, you grant MarketTime a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, copy, modify, distribute, publicly display, publicly perform, and otherwise exploit Submissions for any lawful purpose without compensation to you. You hereby waive any moral rights you may have in any Submissions.
8. Links to Other Sites. A Site may provide links to websites operated by a third party. Links on a Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site and your use of such links and associated features will be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MarketTime of the third party, the third-party’s website, or the content thereon. MarketTime is not responsible for the availability of any such websites or liable for any such websites or the content thereon.
9. Compliance with Laws. You shall comply with all applicable laws regarding your use of a Site. You represent to us that any information you provide to us through your use of a Site is truthful and accurate to the best of your knowledge.
10. Indemnification. You shall indemnify, defend, and hold harmless MarketTime and our affiliates and each of their respective officers, members, employees, agents, and assigns from and against any liability, loss, claim, or expense, including reasonable attorney’s fees, related to your violation of these Terms of Use or your use of a Site.
11. Disclaimer. THE INFORMATION ON A SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOUR USE OF A SITE IS AT YOUR SOLE RISK. MARKETTIME DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF A SITE WILL BE TO DISCONTINUE USING A SITE.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MARKETTIME OR ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF MARKETTIME OR ANY OF MARKETTIME’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
IF MARKETTIME IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE UNDER THESE TERMS OF USE, THE AGGREGATE LIABILITY OF MARKETTIME AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WILL IN ALL CASES BE LIMITED TO $100.
13. Copyrights and Copyright Agent.
If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
| Designated DMCA Agent MarketTime, LLC 2050 North Stemmons Freeway WTC #187 Dallas, TX, 75207 United States of America Phone: 469-214-6780 Email: dmca@markettime.com |
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
Designated DMCA Agent
MarketTime, LLC
2050 North Stemmons Freeway WTC
#187
Dallas, TX, 75207
United States of America
Phone: 469-214-6780
Email: dmca@markettime.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. Governing Law; Venue. The laws of the State of Texas, without regard to any conflicts of law provisions, will govern these Terms of Use and any dispute that may arise between you and MarketTime or its affiliates related to these Terms of Use or your use of a Site. The sole and exclusive jurisdiction and venue for any disputes related to these Terms of Use or your use of a Site will be the federal or state courts in Dallas, Texas.
15. Severability. If any provision of these Terms of Use is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
16. Entire Agreement. These Terms of Use constitute the entire agreement between you and MarketTime with respect to the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral or written.
17. Relationship of the Parties. Each party is, and will remain, an independent contractor and nothing contained in these Terms of Use will be construed to make either party a partner, joint venturer, employee, or agent of the other party, and neither party will hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
18. Contact Information.
MarketTime, LLC
2050 N. Stemmons Frwy.
Suite 139 Dallas, TX 75207
support@MarketTime.com
PCI DSS Compliance
PCI DSS COMPLIANCE
Introduction
This PCI DSS Compliance Policy (this “Policy”) outlines your obligations to the extent that you process, store, or transmit cardholder data or sensitive authentication data (“Payment Card Data”) in connection with your use of the platform (the “Platform”) made available by MarketTime, LLC, a Texas limited liability company (“MarketTime”).
Customer Responsibilities
While using the Platform, you shall:
- comply with the Payment Card Industry Data Security Standard (“PCI DSS”) as published and updated by the PCI Security Standards Council;
- implement and maintain appropriate technical and organizational safeguards to protect Payment Card Data; and
- ensure that any third-party service provider acting on your behalf and accessing or handling Payment Card Data through the Platform complies with PCI DSS.
Prohibited Activities
While using the Platform, you shall not:
- store, process, or transmit Payment Card Data using the Platform, except as strictly necessary and in compliance with PCI DSS and this Policy;
- not store sensitive authentication data (e.g., CVV codes);
- store, upload, or transmit unencrypted Payment Card Data on or through the Platform; or
- use the Platform in any manner that violates applicable PCI DSS requirements.
Certification
Upon request, you shall provide MarketTime with written confirmation of PCI DSS compliance, including your most recent Self-Assessment Questionnaire (SAQ), Attestation of Compliance (AOC), or equivalent documentation, where applicable.
Security Incidents and Breach Notification
You shall notify MarketTime without undue delay (and in no event later than 72 hours) after becoming aware of any actual or suspected breach or unauthorized disclosure of Payment Card Data processed, stored, or transmitted through the Platform. You shall cooperate fully with MarketTime in investigating and remediating such incidents. In addition, you shall allow VISA, MasterCard, American Express, or Discover, or any entity approved by any of the foregoing, to conduct audits in the event of any actual or suspected breach or unauthorized disclosure of Payment Card Data processed, stored, or transmitted through the Platform
Enforcement and Remedies
If you violate this Policy, without limiting any of MarketTime’s other remedies, MarketTime may suspend or terminate your access to the Platform and report such violation to payment processors, acquiring banks, or card networks.
Changes to this Policy
MarketTime may update or revise this Policy from time to time to reflect changes in legal, regulatory, or operational requirements. Any such updates will be posted on this page and will become effective upon posting. It is your responsibility to review this Policy periodically.
For questions regarding this Policy, contact MarketTime at:
MarketTime, LLC
2050 N. Stemmons Frwy. Suite 187
Dallas, TX 75207