Last updated January 19th, 2023
Remark Custom Campaigns are for the exclusive use of residents in the United States of America. Residents outside the United States do not have permission to use Custom Campaigns at this time.
Questions regarding the terms or privacy statement should be submitted to Remark Customer Support at firstname.lastname@example.org.
Does Remark ask for personal information?
Yes. Remark asks for your first name, last initial, and email address when you use our Custom Campaign web pages. This is required to send emails on your behalf and to prevent spam from being sent.
How does Remark receive my personal information?
Remark receives your personal information when you provide it directly to us as part of using our Websites, filling out our forms or from public information sources.
How does Remark use my personal information and what personal information does Remark receive?
Custom Campaign Web Pages:
Remark’s Custom Campaign web pages collect contact information such as your first name, last initial, and email address. This personal information is used to send emails on your behalf to Businesses, to respond to your requests and questions, and to allow you to use Remark services. Businesses you send emails to using Custom Campaigns will receive your first name, last initial, and email address. Remark will also share your contact information with the Sponsor of the campaign. Your personal information will not be shared with any other third parties beyond the businesses your email was sent to, the Sponsor of the campaign, and Remark.
Remark does not knowingly collect information from children under 13; if Remark later learns that a child under 13 is registered, steps will be taken to remove the child’s information from the database or receive written parental permission for use of the platform.
By using a Remark Custom Campaign web page, you opt into receiving Remark newsletters and newsletters from the Sponsor of the campaign. If you no longer wish to receive these newsletter and promotional communications, you may opt-out by following the unsubscribe instructions included in each newsletter.
Remark may send occasional emailed messages, such as critical service announcements or other correspondence, to all registered members. To stop all such announcements, you must delete your information. You may do so by emailing email@example.com
Links to 3rd Party Custom Campaignss:
Will Remark disclose any of my personal information?
We reserve the right to use, transfer, sell, and share aggregated, anonymous data for any legal business purpose. Such data does not include any personal information. The purposes may include analyzing usage trends or seeking compatible Sponsors.
How can I opt out or opt-in to the sale of my personal information?
By using Remark Custom Campaign web page you are automatically opted-in to the sale of your provided information. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
Once you make an opt-out request, we will notify you that your information has been removed from our database. However, you if you use a Remark Custom Campaign web page after the request is made, you will automatically be opted back into personal information sales and will need to submit an additional request to opt-out if you so choose by contacting Remark Support at firstname.lastname@example.org
Will I be discriminated against for opting-out of the sale of my personal information?
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
– Deny you access to our services;
– Provide you with a different level or quality of goods or services; or
– Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
How do I change or delete my personal information?
Please contact Remark at email@example.com
Does Remark use Tracking Technologies?
Yes, cookies and other tracking technologies are used on Remark in several ways.
As is true of most Websites, Remark gathers certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically-collected data to other information collected about Custom Campaigns visitors.
Does Remark sell e-mail addresses to advertisers?
No. Beyond sharing your email with the Sponsor of the campaign, the Business recipient, and Remark, we do not sell or share your information without your direct permission. We respect your privacy and despise spam.
With regards to support e-mail communication with the Remark team at firstname.lastname@example.org, we read every message sent to us and do our best to respond quickly. We do save messages that might be needed if the sender contacts us again, but we absolutely do not sell, rent, give, or share e-mail addresses with other companies unless you have specifically opted to receive such communications.
How does Remark keep your information secure?
Remark is committed to keeping your personal information safe and secure and we have appropriate and proportionate security policies and organizational and technical measures in place to help protect your information.
This includes corporate policies and staff training regarding how your personal information should be handled, as well as physical security, encryption, and network security for IT infrastructure. Your personal information is only accessible by appropriately trained staff.
Although we maintain strict policies and procedures to safeguard our servers and our customers’ data, it is not possible to guarantee security due to the inherent risks of transmitting data over the Internet.
What is Remark’s data retention policy?
We may retain your information for as long as needed to provide you and campaign Sponsors’ services, comply with our legal obligations, resolve disputes, and enforce our agreements.
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose personal information online that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return. Furthermore, while we strive to protect your personal information, Remark cannot ensure or warrant the security of any information you transmit to us over the Internet, and you do so at your own risk. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
For more information:
In order to resolve a complaint regarding Custom Campaigns or to receive further information regarding the use of Custom Campaigns, please contact us at:
Remark Public Benefit Corporation
3000 Lawrence St #2
Denver, CO 80205
The information provided on the Custom Campaigns web pages is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Custom Campaigns web pages from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
USING CUSTOM CAMPAIGNS CUSTOM CAMPAIGNS TO SEND A BUSINESS FEEDBACK
Custom Campaignss can only be used in the United States at this time. After you enter in the business name and location, you will have the opportunity to enter your contact information and edit the automatically generated email prior to sending feedback. In order to send feedback to a Business, you must provide your first name, last initial and email address.
How we send emails to businesses and keep your information safe: When you send an email with Custom Campaigns forms, your first name, last initial and email address will be shared with the business recipient. The email will be sent via Remark and the email address you provide will be listed as the Reply To address. If any response by the Business is made, it will go directly to the provided email and not to Remark. Please note that any contact information or content you include in the body of your message will pass through unaltered.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Custom Campaigns web pages, you are granted a limited license to access and use the Custom Campaigns and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Custom Campaigns web pages, the Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Custom Campaigns web pages (or any portion thereof).
You may not access or use the Custom Campaigns for any purpose other than that for which we make the Custom Campaigns available. The Custom Campaigns may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Custom Campaigns, you agree not to:
- Systematically retrieve data or other content from the Custom Campaigns to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Circumvent, disable, or otherwise interfere with security-related features of the Custom Campaigns, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Custom Campaigns and/or the Content contained therein.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Custom Campaigns or the networks or services connected to the Custom Campaigns.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Custom Campaigns in order to harass, abuse, or harm another person or business.
- Use the Custom Campaigns as part of any effort to compete with us or otherwise use the Custom Campaigns and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Custom Campaigns.
- Attempt to bypass any measures of the Custom Campaigns designed to prevent or restrict access to the Custom Campaigns, or any portion of the Custom Campaigns.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Custom Campaigns to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Custom Campaigns or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Custom Campaigns.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Custom Campaigns, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Custom Campaigns.
- Use the Custom Campaigns in a manner inconsistent with any applicable laws or regulations.
By posting your Contributions to any part of the Custom Campaigns or making Contributions accessible to the Custom Campaigns by linking your account from the Custom Campaigns to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Custom Campaigns. You are solely responsible for your Contributions to the Custom Campaigns web pages and you expressly agree to indemnify us from any and all responsibility and liability arising out of your Contributions and to refrain from initiating or participating in any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Custom Campaigns web pages; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR EMAILS SENT TO BUSINESSES
When sending an email using Custom Campaigns web pages, you must comply with the following criteria: (1) your email should not contain offensive profanity, or abusive, racist, offensive, or hate language; (2) your email should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your email should not contain references to illegal activity; (4) you should not be affiliated with competitors if posting negative emails; (5) you should not make any conclusions as to the legality of conduct; (6) you may not post any false or misleading statements; and (7) We may accept, reject, or remove emails in our sole discretion. We have absolutely no obligation to screen or delete emails, even if someone considers emails objectionable or inaccurate. Emails are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any email or for any claims, liabilities, or losses resulting from any email.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Custom Campaigns (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEB SITES AND CONTENT
U.S. GOVERNMENT RIGHTS
CUSTOM CAMPAIGNS MANAGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Custom Campaigns web pages infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Custom Campaigns infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your use of the Custom Campaigns web pages for any reason, you are prohibited from using the Custom Campaigns web pages under a different name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating your use of the Custom Campaigns web pages we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Custom Campaigns web pages at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Custom Campaigns web pages. We also reserve the right to modify or discontinue all or part of the Custom Campaigns web pages without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Custom Campaigns.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Denver County, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Custom Campaigns web page be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Custom Campaigns web pages that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Custom Campaigns web pages at any time, without prior notice.
THE CUSTOM CAMPAIGNS WEB PAGES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE CUSTOM CAMPAIGNS WEB PAGES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CUSTOM CAMPAIGNS WEB PAGES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CUSTOM CAMPAIGNS WEB PAGES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE CUSTOM CAMPAIGNS WEB PAGES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CUSTOM CAMPAIGNS WEB PAGES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CUSTOM CAMPAIGNS WEB PAGES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CUSTOM CAMPAIGNS WEB PAGES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CUSTOM CAMPAIGNS WEB PAGES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CUSTOM CAMPAIGNS WEB PAGES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL REMARK ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CUSTOM CAMPAIGNS WEB PAGES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE CUSTOM CAMPAIGNS WEB PAGES, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF BUSINESS OR ANCITIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We will maintain certain data that you provide to the Custom Campaigns web pages for the purpose of managing the performance of the Custom Campaigns web pages, as well as data relating to your use of the Custom Campaigns web pages. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Custom Campaigns web pages. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Custom Campaigns web pages, sending emails to businesses, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Custom Campaigns web pages, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE CUSTOM CAMPAIGNS WEB PAGES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Custom Campaigns web pages or to receive further information regarding use of the Custom Campaigns, please contact us at:
Remark Public Benefit Corporation
3000 Lawrence St #2
Denver, CO 80205