Privacy Policy

DuCharme, McMillen & Associates, Inc., along with our affiliates and subsidiaries (collectively, “DMA,” “we,” “us” or “our”), recognizes the importance of and is committed to protecting your privacy. This Privacy Policy (“Policy”) describes how we collect, use, disclose, or otherwise process personal information we receive from individuals themselves or third parties while providing our products and services (the “Services”), and provides information about individuals’ rights with respect to personal information. Our goal is to process personal information as necessary for our legitimate business purposes in a transparent manner.

The term “personal information” refers to information that identifies, relates to, describes, or can be reasonably associated with an individual. This policy applies to personal information that we collect (i) when you visit our website, www.dmainc.com, or any other websites that link to this Policy (the “Website”), (ii) from past, existing, and potential clients in the course of providing the Services,  (iii) from past, existing and potential vendors, suppliers, subcontractors and other business partners in the course of providing Services; and (iv) from individuals when they otherwise interact with us directly or indirectly.

This policy does not apply to information concerning our own employees or potential employees. The Employee Privacy Notice on the DMA Café (intranet) contains information for our employees.  Formal applicants to one of our positions will be presented with the Employee Privacy Notice at the point of data collection during the recruitment process.

The personal information we collect about you depends on your relationship with us. For example, we collect the following personal information in the following contexts:

• Clients: From clients, and their agents and employees, we may collect contact and account information such as name, email address, company, title, phone number, industry, billing address, shipping address, username, and password. We may also collect any information you provide on our Website or our social media pages, or any information you otherwise provide to us such as in survey responses, customer service requests, business cards, or by attending an event sponsored by us.
• Prospective Clients: From prospective clients, or other business contacts such as service providers, we may collect name, professional affiliation, and contact information such as email and phone number.
• Website Visitors: From visitors to our Website, we may also automatically collect information about your computer or mobile device and your user activity. Some of this information (e.g., IP addresses) may constitute personal information. This is discussed further below in the “Automatic Collection” section.

In order to use our Website, you are not required to provide us with your personal information. However, we may be unable to provide you with information you request if you do not provide us with some or all of the personal information requested via our Website. You may voluntarily provide us with personal information, such as your name, email address, telephone number, company name, and other business contact information when registering for events, seminars, or webinars, or when making selections on our subscription center as to the types of information you would like to receive.

In connection with providing our Services to our clients, we enter into contracts that describe the scope of services for which information is collected and used. A client that provides us with personal information of any individual (including its employees) is responsible for obtaining from such persons any consents required to provide such information to us.

We may store your name, email address, and other contact information such as company, title, phone number, and industry, in a customer relationship management tool and use it to manage our relationship with you or your company/employer.

We automatically collect information regarding visitors’ use of our Website. This information may include the domain name from which a user accesses the internet, the date and time and duration the user was connected to the Website, the internet address of the website from which a user linked directly to this Website, the type of browser used to access our Website and the search engine and keywords used when searching for our Website. This information is in aggregate to measure our Website’s performance.

Like many other websites, our Website uses cookies. Cookies are small text files that are downloaded to the browser of a computer, tablet, or smartphone used to visit a website. A cookie will identify your browser, help you log in, and improve the navigation of a website. We use cookies to help us run our Website, improve the performance of our Website (e.g., review the number of Website visitors; understand a visitor’s usage patterns; track key performance indicators such as pages visited, frequency of visits, downloads, and other statistical information; know whether a visitor views the mobile or desktop version of our website; recognize visitors if they return to our website; store information about visitors’ past visits; and remember visitors’ preferences), and advertise our Services.

We use first-party cookies, which are served directly by us to your browser, as well as third-party cookies, which are served by a third party on our behalf. We may be using some or all of the following types of cookies:

• Essential Cookies. These are cookies that are required for the operation of the Website.
• Personalization. These cookies allow the Website to function better and allows it to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features.
• Analytics Cookies. These cookies allow us to understand how the Website performs, how visitors interact with the site, and whether there may be technical issues.
• Advertising Cookies. These cookies enable tracking through certain third-party technologies in order to deliver advertising that is more relevant to you and your interests. They may also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns.

Some analytics and advertising cookies and the user activity information generated from these cookies, are created, stored and/or managed by third party service providers that provide us with web traffic analytics, sales engagement and marketing automation services. The user activity information collected by these tracking technologies may be stored and used by these third parties. You may be able to disallow cookies by modifying the settings in your browser. If you choose not to accept cookies, you may be unable to access certain parts or pages of our Website.

We or our digital media service providers also use web beacons, a small transparent image also referred to as a tracking pixel, to help us better understand the effectiveness of our content and advertisement, the interests of our visitors, and to improve visitor experience on the Website. These beacons allow us to determine which visitors have come to our Website after viewing an advertisement we have served on third-party websites. We also work with such third parties to collect data so that we can determine the effectiveness of our ads and serve ads targeted to your interests. The use of web beacons does not provide us with any personal information, and we do not use this technology to access your personal information. It is used only to compile aggregated data about visitors to the Website.

Web beacons do not place information on your device, but may work in conjunction with cookies to monitor activity. You have the option to render some web beacons unusable by rejecting their associated cookies. The web beacon may still record an anonymous visit from your IP address, but personal information will not be recorded by the relevant cookie.

Some internet browsers have “Do Not Track” or “DNT” features which, when turned on, send a signal to a website that the individual visiting the website does not wish to be tracked. Such browser features are not uniform, but our Website responds to DNT signals where required by applicable law, You can also control your cookie preferences in the settings of your internet browser or through our cookies preference center.

We use Google Analytics, among other third parties, to collect analytics about site usage. You can opt-out of Google Analytics by downloading Google’s Opt-Out Browser Add-on.

Social Media Features and Widgets.  Our Website may include social media features. These features are usually recognizable by their third-party brand or logo and may collect your IP address, which page you are visiting on our Website, and set a cookie to enable the feature to work properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

We use the personal information we collect in the course of conducting our business to, among other things:

• Fulfill your requests or any other purpose for which you provided information to us.
• Provide invitations to or register you for events, seminars, or webinars.
• Provide newsletters and marketing information to you.
• Provide continuing professional education (CPE) to you, which may include sharing your personal and CPE information with the appropriate professional organizations so that you receive CPE credit.
• Respond to your inquiries, process your requests, investigate and address your concerns, and monitor and improve our responses.
• Help maintain the safety, security, and integrity of our website, products, services, and other technical assets and business.
• Improve or modify our Website.
• Update and maintain client, subscription, or email lists and for other internal purposes.
• Deliver our products and perform our services.
• Receive products and services from third parties.
• Provide communications about our products and services or otherwise manage our relationship with you or your company/employer.
• Respond to requests for information or requests for proposals, or provide information about products or services you request.
• Respond to lawful requests for information through court orders, subpoenas, warrants, and other types of legal process or obligations.
• Establish, exercise, or defend legal claims.
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our website terms of use or this policy.
• For any other purpose for which you provide your consent to us at the time of collection.

We may combine or aggregate any personal information we collect for any of these purposes. We may also anonymize your personal information in such a way that you may not reasonably be re-identified by us or any other organization and may use such anonymized information for any purpose permitted by law.

We will only disclose personal information to others for a business purpose and when we are legally permitted to do so. When we disclose personal information to others, where required by law, we put contractual arrangements and security mechanisms in place as appropriate to protect the information and to comply with appropriate information protection, confidentiality, and security standards.

We may disclose personal information as described below:

• Affiliates: We may share personal information with our corporate family, meaning amongst subsidiaries and affiliates, where necessary for administrative purposes and to provide professional services to our clients.
• Service Providers: We may share personal information with vendors, service providers, or subcontractors, where necessary to provide the Services to our clients or to service providers that provide applications/functionality, data processing, or other IT services to support us in providing our Services and to help provide, run, and manage our internal IT systems.
• Analytics and Advertising Partners: We do not “sell” personal information as that term is traditionally defined, but our use of certain third party analytics and advertising partners and social media companies may constitute a “sale” or “sharing of personal information for “cross-context behavioral advertising” or “targeted advertising” as those terms are defined under certain state privacy laws. The personal information disclosed in this manner may include, but is not limited to, device identifiers, IP address, and browsing history. These partners use this information to provide us with analytics and digital advertising services and may also use it for their own purposes. See further discussion in the “Privacy Rights Based on Residency” section below.
• Business Transfers: We may share personal information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• Legal Requirements: We may share personal information: (i) with professional advisors and business insurers, where necessary to establish, exercise or defend our legal rights and obtain advice in connection with running our business or providing the Services, and (ii) with governmental or regulatory agencies to check that we are complying with applicable law, to investigate an alleged crime, or to establish, exercise or defend legal rights.
• Sponsors: We may share personal information with event co-sponsors, such as invitee/attendee contact information.
• Consent. We may also share your personal information with other third parties pursuant to your consent to do so.

Depending on your jurisdiction of residence, you may have some or all of the privacy rights listed below with respect to the personal information we maintain about you. Please note that these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law. Please note that additional rights may also be noted in jurisdiction-specific sections of this Policy.

• Right to Confirm / Access / Know. You may have the right to request access to and obtain copies of personal information that we hold about you, including details relating to the ways in which we collect, use, and share your information.
• Right of Portability. You may have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party.
• Right to Delete. You may have the right to request that we delete personal information we maintain about you.
• Right to Correct. You may have the right to request that we correct inaccurate personal information we maintain about you.
• Right to Withdraw Consent. You may have the right to withdraw your consent to the processing of your personal information.
• Right to Opt-Out. You may have the right to opt-out of certain uses of your personal information such as for (i) targeted advertising, (ii) “sale” or “sharing” for cross-context behavioral advertising, or (iii) profiling or automated decision-making activities that result in a legal or similarly significant effect on you. We do not engage in (iii), but you can opt-out of uses (i) and (ii) by adjusting your cookies settings in the cookie preference center. Additionally, if you visit our Website with the Global Privacy Control (GPC) opt-out preference signal enabled, if required by law, that signal will be treated as a request to opt-out of “sale,” “sharing,” and targeted advertising. Please note your request may apply only to the browser or device from which you submit the request. Learn more about the Global Privacy Control here.
• Right to Appeal. You may have a right to appeal our decision if we decline to process your request in part or in full. You can do so by replying directly to our denial. If you are not satisfied with our response to your appeal, you may contact your state Attorney General or applicable regulator in your jurisdiction of residence. Applicable law may also give you the right to lodge a complaint with the data protection authority in your country.

To submit a request relating to any of these rights, please use our Data Subject Access Request web form, unless a different method is indicated elsewhere in this Policy.

Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.

DMA may process and store your data in your region, or we may transfer it to the United States or to other countries in which we have affiliates or service providers. Any technical information from the browser of your computer, tablet, or mobile device will be transferred out of your country and into the United States. The personal information protection laws of other countries, including the United States, might be different from, or less stringent than, the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. We may transfer data from the European Economic Area to other countries, and when we do, we use legal mechanisms to make sure there is an adequate transfer mechanism in place, such as the European Union Standard Contractual Clauses, to facilitate international data transfers. To obtain a copy of these clauses or additional information on transfers, please contact us at the contact information listed below.

The security of your personal information is important to us. We seek to use reasonable and appropriate safeguards to protect your information, which includes physical, technical, and administrative measures. However, no method of transferring data over the internet or storing electronic data is entirely secure, so while we strive to use reasonable means to protect your personal information, we cannot guarantee security against all threats.

If you would like to opt out of receiving promotional or marketing email from us, you may use the “unsubscribe” or “opt-out” mechanism included in each marketing email, or you may opt out by visiting our subscription center at https://dmainc.com/newsletter. Please be aware that your option to not receive promotional and marketing email from us does not preclude us from corresponding with you by email or otherwise regarding your existing relationship with us.

In some of our newsletters and other email communications, we may monitor recipient actions, such as email open rates through embedded links within the messages. If you do not wish us to confirm whether you have opened, clicked, or forwarded our email marketing communications, you will need to unsubscribe, as it is not possible for us to send these emails without tracking enabled. Registered subscribers can update their subscription preferences at any time by following the instructions in the individual email communications you receive from us.

Our Website may include links to third-party websites. These third-party websites have their own privacy policies and terms of use and are not controlled by this policy or the terms of our website’s terms of use. You should carefully review any terms, conditions, and policies of such third-party websites before visiting them or supplying them with any personal information. We are not responsible for the privacy or security of any information you provide to a third-party website that is linked from our Website, and the inclusion of such a link does not constitute any type of endorsement of the linked site by us. We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

Any personal information a resident of Canada provides to us is protected under the federal Personal Information Protection and Electronic Document Act or British Columbia’s or Alberta’s Personal Information Protection Act or Quebec’s Private Sector Privacy Act. If there is a discrepancy between any of the provisions of this Policy and the requirements of the aforementioned laws involving an individual who is a resident of Canada, the applicable law shall govern our obligations and responses.

Any information you provide via our Website and any technical information from the browser of your computer, tablet, or mobile device will be transferred out of Canada and into the United States. If you do not want any personal information to be transferred to the United States, please do not provide that information to us via our Website or otherwise.

By completing a form on our Website, you may be consenting to receive from DMA “commercial electronic messages” (as such term is defined in Canada’s Anti-Spam Legislation (2010 S.C., ch.23 (Can.)) (“CEMs”), in such forms and containing such content as DMA may determine appropriate. You may withdraw consent to the receipt of DMA CEMs at any time by contacting DMA at unsubscribe@dmainc.com.

This section provides additional disclosures for individuals that reside in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK). For the purposes of the data described in this Policy, DMA is the “controller” of your personal information.

Our legal basis for processing personal information we collect from the EEA, Switzerland and the UK, can vary depending on the manner in which you use our Website or otherwise engage with us. To the extent we rely on our legitimate interests as a legal basis for processing your personal information, we have considered the balance between our own interests (among other things, the lawful and efficient operation of our Website and Services) and your interests, and we believe that (a) you would reasonably expect us to carry out the kind of processing referenced herein, and (b) such processing will not cause you any harm and/or will not seriously impact your rights and freedoms with regard to data privacy. To the extent we rely on your consent as a legal basis for processing your personal information, you have the right to withdraw such consent given to us for the processing of your personal information at any time, although such withdrawal will not affect the lawfulness of our processing prior to your withdrawal of consent. We may also process personal information where necessary to perform a contract with you or your company/employer, or for our compliance with legal obligations to which we are subject. We also reserve the right to process personal information in the event we believe doing so is necessary to protect the rights of the data subject or another person.

Individuals residing in the EEA, Switzerland, or the UK have the right to access, rectify, or erase your personal information; to restrict or object to processing of your personal information, including automated processing; and to data portability (i.e., the right to receive a copy of your personal information). You also have the right to file a complaint with your data protection authority if you have a concern about the manner in which we are processing your personal information.

In addition to the rights set forth in this policy, if you are an individual who is a California resident, you have certain additional rights under California law.

We have collected the following categories of personal information within the last twelve (12) months: (i) Identifiers and Personal Information described in Cal. Civ. Code § 1798.80(e), such as name, business mailing address, email address, and phone number; and (ii) Professional or employment-related information, such as job title and function; (iii) Internet and other electronic network activity information and Geolocation data derived from IP address; and (iv) Sensitive Personal Information such as account log-in credentials. We do not use sensitive personal information to infer characteristics about individuals. For the sources of such information, the purposes for which the information was collected, and the categories of service providers to whom we disclose such information in order to conduct our day-to-day business operations, see the preceding sections of this Policy. We do not use your personal information to engage in profiling or automated decision-making activities that results in a legal or similarly significant effect on an individual.

Under the California law, a “sale” of personal information does not necessarily involve an exchange of money. Instead, a sale also includes disclosures of personal information to third parties who may use the information for their own purposes, such as analytics and advertising partners. Similarly, under California law, “sharing” personal information refers to disclosing personal information to third parties for cross-context behavioral advertising. Per these definitions, we sell and share the following categories of personal information to third party analytics and advertising partners:

• Identifiers
• Personal Information described in Cal. Civ. Code § 1798.80(e)
• Internet or other electronic network activity information
• Geolocation data

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

To make a request described above, you or your authorized agent may either call us at 1-800-309-2110 or use our Data Subject Access Request web form. Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf.

We understand the importance of protecting children’s privacy, especially in an online environment. Our Website and Services are not intentionally designed for or directed at children under the age of 18 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 18.

We retain the personal information described in this Policy for as long as needed to satisfy the purpose for which it was originally collected or for which there is a legitimate business purpose. We determine the retention period for each category of personal information based on: (i) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (ii) any legal or regulatory requirements applicable to such information, (iii) internal operational needs, and (iv) any need for the information based on any actual or anticipated investigation or litigation.

This Policy was last updated on the date at the outset of this Policy. We occasionally will update this Policy and the terms of our Website’s terms of use. Please periodically check our privacy policy and our website’s terms of use to learn of any changes thereto. This Policy supersedes all prior versions.

If you have any questions or comments about this Policy, please contact us:

• Phone: (800) 209-3110
• Email: privacy@dmainc.com
• Data Subject Access Request Form

If you are a UK resident, you may also use following contact information if you have questions about this Policy:

UK Representative

Osano UK Compliance LTD
ATTN: 2QSX
42-46 Fountain Street
Belfast
Antrim
BT1 – 5EF