Effective Date: May 15, 2018

Scope

MarkHarbert.com (“the Site”) is owned and operated by Uplevel Marketing LLC. Uplevel Marketing LLC is committed to protecting your personal information, being transparent about what information we collect, and giving you control over how we use it.

For purposes of this Privacy Policy, “personal information” means information that identifies and can be used to contact a particular individual, and “non-personal information” means data in a form that does not permit direct association with any specific individual.

This Privacy Policy explains how Uplevel Marketing LLC collects, uses, and protects personal and non-personal information when you use our website and/or purchase our products or services, collectively called our “Services.” Please read this policy in full to understand what information we hold about you, how we may use it, and how you can access, update, and delete your personal information.

Why We Collect Information

We collect different information about our users for several reasons:

  • To help us monitor, analyze, and improve our Services;
  • To process payments for product or service orders;
  • To fulfill product or service orders;
  • To provide you with a more personalized and valuable experience;
  • To send you details about our Services and other information we believe will be of value to you, where you have signed up to receive such marketing communications;
  • To help sell online advertising space.

Information We Collect

Information You Provide Directly

We collect information directly from you when you participate in our offers, programs, or otherwise provide information directly to us. This includes:

  • Name
  • Email address
  • Phone number
  • Billing address

Information We Collect Automatically

When you visit our Site, use our Services, or view our online advertisements, we may use cookies, web beacons, personalized retargeting, and other technologies to collect non-personal information. This includes:

  • Browser type and operating system
  • Web pages viewed
  • Links clicked
  • IP address
  • The site you visited before coming to our site
  • Emails from Uplevel Marketing LLC that you open and/or forward
  • Uplevel Marketing LLC offers or links you connect to via emails

Cookies and Tracking Technologies: We use these technologies to provide you with a more personalized and richer experience on our Site. You can manage your cookie preferences through your browser settings or by visiting http://www.allaboutcookies.org/manage-cookies/. For more information on managing interest-based ads, visit the Digital Advertising Alliance (DAA) Consumer Choice Page at http://www.aboutads.info/choices/.

Information We Collect from Other Sources

We may obtain information about you from other sources, including social media platforms, data aggregators, and public databases. This may include:

  • Name, postal address
  • Age or date of birth
  • Income level
  • Marital status and number of children
  • Interests such as hobbies and pets
  • Consumer and market research data
  • Purchase behavior
  • Publicly available data or activities, such as blogs, videos, internet postings, and in-store shopping behavior

How We Use Your Information

Uplevel Marketing LLC may use the information we collect about you for the following purposes:

  • To send products and information;
  • To provide, maintain, and improve our Services;
  • To process your transactions and manage your orders;
  • To communicate with you about your account or transactions with us and send you information or request feedback about features on our Site;
  • To personalize your experience and deliver content and product offerings relevant to your interests;
  • To show you relevant advertising, including personalized retargeting ads;
  • To comply with legal obligations, resolve disputes, and enforce our agreements.

Legal Basis for Processing (GDPR Compliance)

If you are located in the European Economic Area (EEA), Uplevel Marketing LLC processes your personal data based on the following legal bases:

  • Consent: Where you have provided your consent (e.g., for receiving marketing communications);
  • Contractual necessity: To perform our contract with you or take steps at your request before entering into a contract;
  • Legitimate interests: For our legitimate interests in managing, maintaining, and improving our business and customer relationships;
  • Legal obligations: To comply with our legal obligations.

How We Share Your Information

We take seriously our responsibility to maintain your privacy. We will only share your information under the following circumstances:

  • With service providers: We may share your information with entities that provide services on our behalf, such as website development, payment processing, email distribution, and promotions management. These entities will only use your information to the extent necessary to perform their services.
  • With identified entities: If you specifically request or use products or services from a third party while on our Site, we may share your information with those entities.
  • For legal reasons: We may share your information when required by law or necessary to protect any person’s property, rights, or safety, or to investigate potential violations of the law.
  • In business transactions: In the event of a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, your information may be transferred as part of that transaction.
  • With your consent: We will share your information in accordance with your consent.
  • In aggregated form: We may share information in an aggregated or anonymized form that does not directly identify you.

We will never sell your personal information to any third party.

International Data Transfers

If you are accessing our Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States or other countries where our service providers are located. These countries may have data protection laws that differ from your country of residence. By using our Site and Services, you consent to such transfer, storage, and processing.

Data Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including to satisfy any legal, accounting, or reporting requirements. If you wish to request the deletion of your personal information, please contact us at support@markharbert.com.

Data Breach Notification

In the event of a data breach that may affect your personal information, we will notify you as soon as possible, in accordance with applicable law, and provide information on the steps you should take to protect yourself.

Your Choices and Control Over Your Information

You have the following choices regarding your information:

Opting Out of Personal Information Collection

You may decline to submit personal information through markharbert.com, but this may prevent us from providing certain services to you.

Managing Cookies and Non-Personal Information Collection

You can manage or disable cookies through your browser settings or opt out of interest-based advertising as outlined in the “Information We Collect Automatically” section.

Accessing, Updating, and Correcting Your Personal Information

If you have an account with us, you can log in to review and update your personal information. You may also contact us at support@markharbert.com to request access to or correction of your information.

Controlling Communications

You can opt out of receiving promotional emails or text messages by following the instructions in those communications or by contacting us at support@markharbert.com.

Requesting Information Disclosure

You can request information about our disclosure of personal information to third parties for their direct marketing purposes by contacting us at Uplevel Marketing LLC, P.O. Box 734, Tipp City, OH 45371 USA.

Children's Privacy

Protecting the privacy of children is especially important. Our Site is not directed to individuals under 18, and we do not knowingly collect personal information from children under 13. If you believe that a child under 18 has provided us with personal information without your consent, please contact us to request the removal of that information.

Arbitration Agreement

By using this Site or engaging with Uplevel Marketing LLC's Services, you agree that any dispute, claim, or controversy arising out of or relating to this Privacy Policy, your use of our Services, or any other aspect of your relationship with Uplevel Marketing LLC, shall be resolved through binding arbitration rather than in court. This agreement to arbitrate is intended to be broadly interpreted.

  1. Scope of Arbitration
    All disputes arising under this Privacy Policy, your use of the Site, our Services, or any other issues related to our relationship shall be resolved through final and binding arbitration, except as specified below. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
  2. Class Action Waiver
    You agree that any arbitration shall be conducted only in your individual capacity, and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
  3. Arbitration Procedure
    The arbitration will be administered by a company we determine under its rules and procedures. Arbitration shall take place in Tipp City, Ohio, unless otherwise mutually agreed upon by the parties.
  4. Governing Law
    The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall apply the substantive law of the State of Ohio, without regard to its conflict of laws principles.
  5. Exceptions to Arbitration
    Notwithstanding the foregoing, either party may bring an individual action in small claims court. Additionally, Uplevel Marketing LLC may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
  6. Costs and Fees
    Each party shall bear its own costs and expenses in the arbitration, including attorneys' fees, except that the costs of the arbitration itself (including the arbitrator’s fees) shall be borne by Uplevel Marketing LLC, except as provided by law.
  7. Severability
    If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.
  8. Opt-Out Provision
    You may opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to Uplevel Marketing LLC, P.O. Box 734, Tipp City, OH 45371 USA within 30 days of your first use of the Site or Services. If you opt out, neither you nor Uplevel Marketing LLC can require the other to participate in an arbitration proceeding.

Changes to This Privacy Policy

Uplevel Marketing LLC may update this Privacy Policy from time to time. We will notify you of any material changes by updating the “Last Updated” date at the top of this policy. Please review this page periodically to stay informed about our practices.

Contact Us

If you have any questions or concerns about this Privacy Policy or its implementation, please contact us at support@markharbert.com or by mail at:

Uplevel Marketing LLC
P.O. Box 734
Tipp City, OH 45371
USA