Terms of Use

(effective 09/27/2011)

MarkSYS knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting www.themarksys.com, you are accepting the practices described in this Privacy Notice.

1. Collection of Information

The information we learn from customers allows us to personalize and continually improve the performance of the MarkSYS web site and your experience on the www.themarksys.com. Here are the types of information we gather:

Merchant Fields (Upon Sign Up): First name, last name, company name, company address, phone, fax, business license info (if applicable), email, password,  billing street name, billing city, billing state, zip code, business name, credit card number, name on card, CVV, expire month, expire year, IP address, terms acceptance flag.

Automatic Information: Your Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; computer and connection information such as browser type and version, operating system, and platform, the full Uniform Resource Locator (URL) click stream to, through and from our web site, including date and time; cookie number.

During some visits we may use software tools such as Java Script to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-over’s), and methods used to browse away from the page.

2. Sharing of Information

The information that we collect about our customers is critical to our business. We respect and value this information, and do not want to jeopardize the flow of information between our customers and the site. Therefore, we are not in the business of selling this information to other web sites or businesses. There are very limited circumstances where we do share some customer information, and this outlined immediately below. We share customer information only as described below and with subsidiaries MarkSYS controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We also share your personal information with:

1. Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, site operations, and co-branded credit cards).

2. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

3. Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any third party to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, user ID history, IP address, fraud complaints, and anything else we may deem relevant to the investigation.

3. Information Security

To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypt information you input. We reveal only the last four digits of your credit card or bank account numbers when confirming an order, subject to such further and more restrictive state and federal laws as may apply, and/or to the current standards for data transfer and processing mandated by credit card issuers and merchant banks. To process your periodic fees, it is necessary to transmit the entire credit card number or bank account number to the appropriate credit card merchant bank. To prevent unauthorized access to sensitive information, it is important for you to monitor those who have access to your password and your computer. Be sure to sign off when finished using a shared computer. Visit our web site for more information on how to sign off.

4. User Access to Information

When you access your account, there is a variety of information that you will see. This is designed to allow you to update any changed information and view the information that you entered previously. This information is sensitive, and it is necessary to both protect this information and keep it current in order to have the best experience at our site. Examples of the type of information that can be accessed by signing into your account are on the web site.

5. User Choices With Regard to Access to Information

You always have the right to refrain from providing any information. This may have an impact on use of the site and on the ease of making purchases or taking advantage of certain unique features of the site. You can add or update certain information on pages such as those listed in the “User Access to Information” section above. When you update information, we keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us, please adjust your account setting regarding email contact preferences. (You cannot waive the applicability of the Service Agreement and other legal notices, such as this Privacy Notice, and if you elect not to receive those notices, they will still govern your use of www.themarksys.com , and it is your responsibility to review them for changes.) The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, affecting the acceptance of cookies means that you may not be able to use the product.

6. Safe Harbor

MarkSYS, LLC is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor web site. If you would like more information about the Safe Harbor program, please visit the web site at http://www.export.gov/safeharbor.

7. Conditions of Use, Notices and Revisions

By visiting www.themarksys.com, you accept that your visit and any dispute over privacy is subject to this Notice and our Service Agreement, including limitations on damages and application of the laws of the State of California. If you have any concern about privacy at www.themarksys.com, please send us a thorough description to info@themarksys.com, and we will try to resolve it.

Because our business changes constantly, we reserve the right to periodically revise our Privacy Notice and the Service Agreement. Prior to making these changes, we will e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see recent changes.

Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

8. Your California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@themarksys.com or write us:

MarkSYS, LLC
Att: Privacy Rights
3725 Cincinnati Avenue, #200
Rocklin, CA 95765