Privacy Policy, Data Practices & Terms of Use

Section 1

Information We Collect

Depending on how you interact with our Services, we may collect information directly from you, automatically from your device or browser, or from third parties.

Information You Provide

Information you voluntarily provide may include:

• First and last name
• Business or company name
• Email address
• Telephone number
• Website
• Mailing or business address
• Industry
• Marketing or customer-acquisition budget
• Products or services of interest
• Information regarding your business, campaign objectives, or marketing requirements
• Communications with Goldmark
• Information submitted through forms, surveys, questionnaires, or other interactive features
• Any other information you voluntarily provide

The information requested may vary depending on the particular campaign or Service.

Information Collected Automatically

When you access or interact with our Services, we and our service providers may automatically collect information such as:

• IP address
• Browser type and version
• Device type
• Operating system
• Referring and exit URLs
• Pages viewed
• Links or buttons clicked
• Date and time of access
• Time spent on pages
• Approximate geographic information derived from IP address
• Advertising and campaign identifiers
• Cookie identifiers and similar online identifiers
• Information regarding interactions with advertisements and marketing campaigns

Section 2

Sources of Information

We may obtain information:

• Directly from you
• Through your interactions with our websites, forms, and advertisements
• From our clients and business partners
• From publishers and marketing partners
• From advertising and analytics platforms
• From service providers
• From data and audience providers
• From publicly available sources
• From other sources permitted by applicable law

Where permitted by law, we may combine information obtained from multiple sources for the purposes described in this Policy.

Section 3

How We Use Information

We may use information for legitimate business and commercial purposes, including to:

• Respond to requests and inquiries
• Provide requested information
• Schedule consultations
• Evaluate potential client relationships
• Provide and improve our Services
• Develop and operate advertising and customer-acquisition campaigns
• Generate, qualify, validate, route, and manage inquiries and leads
• Communicate with prospective and existing customers and clients
• Provide customer service
• Analyze website and campaign performance
• Measure advertising effectiveness and attribution
• Conduct analytics
• Optimize marketing campaigns
• Detect fraud, bots, abuse, and invalid traffic
• Verify lead origin and authenticity
• Document notices, disclosures, and consent
• Maintain compliance and business records
• Protect our systems, users, clients, and business
• Enforce agreements and policies
• Meet legal, regulatory, contractual, and compliance obligations

We may also use aggregated or de-identified information for analytics, research, product improvement, business intelligence, and other lawful purposes.

Section 4

Advertising, Analytics & Tracking Technologies

Goldmark and our service providers may use cookies, pixels, tags, scripts, APIs, local storage, server-side technologies, and similar technologies.

These technologies may support:

• Website functionality
• Analytics
• Conversion measurement
• Advertising attribution
• Campaign optimization
• Audience measurement
• Fraud prevention
• Security
• Retargeting or remarketing where permitted
• Frequency management
• Performance reporting

Third-party providers may include advertising, analytics, attribution, hosting, communications, CRM, and marketing-technology providers.

We may use services provided by companies such as Google and Meta. Those companies process information according to their own terms and privacy practices.

Goldmark does not intend to transmit personally identifiable information through advertising pixels or tracking technologies in a manner prohibited by the applicable advertising platform.

Section 5

Google Services

We may use Google Analytics, Google Ads, Google Tag Manager, or other Google technologies.

These services may collect information regarding website visits, devices, browsers, traffic sources, advertisements, conversions, and interactions with our Services.

We may use this information for analytics, attribution, advertising measurement, campaign optimization, and related business purposes.

Google maintains its own privacy controls and policies governing its processing of information.

Section 6

Meta Services

We may use Meta advertising and measurement technologies, including the Meta Pixel and related business tools.

These technologies may help us measure advertising effectiveness, attribute conversions, understand website activity, create or measure audiences where permitted, and optimize advertising campaigns.

Meta processes information received through these technologies subject to its own applicable terms and privacy practices.

Section 7

TrustedForm and Consent Documentation

Certain Goldmark forms and landing pages may use TrustedForm, a service provided by ActiveProspect, Inc., to independently document lead origin, authenticity, website interactions, notices, disclosures, and consent events.

When TrustedForm is enabled on a page, its technology may record or process information concerning your interaction with that page, which may include:

• The page URL
• A representation or snapshot of page content
• The disclosures and consent language presented
• Form fields presented
• Information entered into form fields
• Mouse movements, clicks, and other interactions
• IP address
• Browser and operating-system information
• HTTP header information
• Date and time information
• Time spent on the page
• Other information relating to the lead-generation and consent event

This information may be used to generate a TrustedForm certificate or other record documenting the circumstances surrounding a form submission.

TrustedForm is used for purposes that may include consent documentation, lead certification, fraud detection, bot detection, validation, compliance recordkeeping, and dispute resolution.

Use of TrustedForm does not independently determine whether any particular communication or marketing activity complies with applicable law.

Additional information regarding TrustedForm's data practices is available through ActiveProspect's privacy notices.

Section 8

Lead Generation and Client Campaigns

Goldmark provides marketing, advertising, customer-acquisition, and lead-generation services.

In some circumstances, a visitor may submit information in connection with an offer, product, service, advertiser, or client campaign.

Where clearly disclosed at the point of collection, information submitted in connection with such a campaign may be transmitted or made available to the specifically identified business, advertiser, service provider, or other party for whom the inquiry was submitted.

The disclosure and consent language displayed with the applicable form should be reviewed carefully because it may identify the business or businesses authorized to receive the information or contact the individual.

Where specific consent is legally required, Goldmark intends to obtain such consent separately at the appropriate point of collection.

Section 9

Communications and Consent to Contact

If you request information from Goldmark, we may contact you in response to that request using the contact information you provide.

Certain forms may separately request permission to receive marketing communications by telephone, email, or text message.

Any such consent will be governed by the disclosure presented in connection with that particular form.

Where required, consent to receive automated or marketing communications will not be treated as a condition of purchasing goods or services.

You may opt out of marketing email by following the unsubscribe instructions contained in the communication.

Additional instructions may be provided with particular communications.

Section 10

How We Disclose Information

We may disclose information to third parties where reasonably necessary to operate our business and provide our Services, including:

Service Providers

Companies that provide services such as:

• Hosting
• Cloud infrastructure
• Analytics
• Advertising technology
• CRM systems
• Email and communications
• Lead certification
• Fraud detection
• Data processing
• Attribution
• Security
• Customer support

These providers may process information on our behalf or according to their applicable terms.

Clients and Campaign Partners

When an individual knowingly submits an inquiry in connection with a particular client, advertiser, offer, or campaign, we may provide the submitted information to the party or parties identified in the applicable disclosure.

Legal and Safety Purposes

We may disclose information when we reasonably believe disclosure is necessary to:

• Comply with law
• Respond to lawful legal process
• Protect legal rights
• Investigate fraud or abuse
• Protect the safety or security of our Services
• Enforce contracts or policies

Corporate Transactions

Information may be transferred in connection with a merger, acquisition, financing, restructuring, sale of assets, or similar corporate transaction.

Section 11

Sale, Sharing & Targeted Advertising

Certain U.S. state privacy laws define terms such as "sell," "share," or "targeted advertising" broadly and may include certain advertising or data-transfer activities even where money is not exchanged for personal information.

To the extent Goldmark engages in activity that constitutes a sale, sharing, or targeted advertising under applicable law, eligible individuals may exercise applicable opt-out rights.

We do not characterize every disclosure to a service provider or client as a "sale" merely because information is transferred. The legal characterization depends upon the circumstances and applicable law.

Section 12

Data Minimization

Goldmark seeks to collect information reasonably relevant to the purpose for which a visitor is interacting with a particular Service.

We discourage users from submitting sensitive personal information unless it is specifically requested and reasonably necessary for the applicable Service.

Section 13

Data Security

We maintain reasonable administrative, technical, and organizational measures designed to protect information from unauthorized access, loss, misuse, alteration, or disclosure.

Our websites are intended to use encrypted HTTPS connections.

However, no Internet transmission, storage system, or security program can guarantee absolute security.

Section 14

Data Retention

We may retain information for the period reasonably necessary to:

• Fulfill the purpose for which it was collected
• Provide Services
• Maintain client and business records
• Document consent
• Maintain lead-certification records
• Resolve disputes
• Prevent fraud
• Enforce agreements
• Satisfy contractual obligations
• Meet legal or regulatory requirements
• Establish, exercise, or defend legal claims

Different categories of information may have different retention periods.

Section 15

Privacy Rights

Depending upon your jurisdiction and applicable law, you may have rights relating to your personal information, potentially including the right to:

• Know or access information maintained about you
• Request correction
• Request deletion
• Obtain information regarding certain disclosures
• Obtain a portable copy of certain information
• Opt out of certain sales or sharing
• Opt out of targeted advertising
• Withdraw certain consent
• Appeal certain privacy-request decisions

Not every right applies in every jurisdiction or circumstance.

We may take reasonable steps to verify identity and authority before processing a request.

Goldmark will not unlawfully discriminate against an individual for exercising an applicable privacy right.

Section 16

Opt-Out Preference Signals

Where required by applicable law and technically applicable to our Services, Goldmark will process legally recognized browser-based opt-out preference signals.

Section 17

Children

Goldmark's Services are intended for adults and businesses and are not directed toward children under 13.

We do not knowingly solicit personal information from children under 13 through our general Services.

Section 18

Third-Party Websites and Services

Our Services may contain links to third-party websites or interact with third-party platforms.

Goldmark does not control independent third parties and is not responsible for their privacy, security, content, policies, or practices.

Visitors should review the policies of third parties before providing information to them.

Section 19

Changes to This Policy

We may update this Policy as our Services, technology, business practices, or legal obligations change.

The effective date displayed at the beginning of this Policy identifies the most recent version.

Material changes may be accompanied by additional notice where required by law.

Section 20

Acceptance of Terms

By accessing or using the Services, you agree to these Terms of Use.

If you do not agree, you should discontinue use of the Services.

Section 21

Goldmark's Services

Goldmark provides services that may include marketing strategy, advertising, audience development, customer acquisition, lead generation, campaign management, data services, communications, analytics, and related services.

The website provides general information regarding Goldmark and its capabilities.

The website itself does not create a client relationship, agency relationship, fiduciary relationship, partnership, joint venture, or other professional relationship.

A commercial relationship with Goldmark is governed by a separate written agreement where applicable.

Section 22

No Professional Advice

Nothing contained on the Services constitutes legal, tax, financial, investment, medical, insurance, lending, or other regulated professional advice.

Users should obtain appropriate professional advice for their individual circumstances.

Section 23

No Guarantee of Marketing Results

Advertising and customer-acquisition results depend upon numerous factors outside Goldmark's control.

Unless expressly provided in a written agreement signed by Goldmark, Goldmark does not guarantee:

• Lead volume
• Lead quality
• Cost per lead
• Cost per acquisition
• Conversion rates
• Sales
• Revenue
• Profit
• Return on advertising spend
• Search rankings
• Advertising approval
• Advertising-account availability
• Specific business outcomes

Past results, examples, estimates, projections, models, or case studies do not guarantee future results.

Section 24

Third-Party Platform Decisions

Google, Meta, email providers, telecommunications carriers, publishers, data providers, and other third parties establish and enforce their own policies.

Goldmark does not control third-party decisions regarding:

• Advertisement approval
• Account suspension
• Deliverability
• Algorithmic distribution
• Tracking availability
• Platform eligibility
• Campaign performance
• Data availability
• Service interruption

Nothing on this website should be interpreted as a representation that Goldmark can guarantee approval or continued access to any third-party platform.

Section 25

User Responsibilities

Users agree not to:

• Use the Services for unlawful purposes
• Submit fraudulent or misleading information
• Impersonate another person or organization
• Attempt unauthorized access
• Introduce malware or malicious code
• Interfere with website operation
• Scrape or harvest information in violation of applicable law
• Infringe intellectual-property or privacy rights
• Use the Services to facilitate unlawful discrimination
• Circumvent security measures
• Misrepresent affiliation with Goldmark

Section 26

Client Responsibility and Compliance

Unless otherwise expressly agreed in writing, clients and advertisers remain responsible for their own:

• Products and services
• Advertising claims
• Licensing
• Regulatory obligations
• Sales practices
• Consumer communications
• Call-center practices
• Telephone and SMS practices
• Email practices
• Client-side data use
• Recordkeeping
• Fulfillment
• Compliance with laws applicable to their businesses

Goldmark's use of compliance, certification, or consent-documentation technology does not constitute legal advice or a guarantee of compliance.

Section 27

Intellectual Property

Unless otherwise stated, Goldmark owns or licenses the content and materials appearing on its Services, including branding, graphics, designs, text, software, and other materials.

No license is granted except the limited right to access the Services for their intended purpose.

Materials may not be copied, modified, distributed, sold, republished, or commercially exploited without authorization except as permitted by law.

Section 28

Third-Party Materials

References to third-party products, platforms, businesses, or services do not necessarily constitute endorsement, sponsorship, partnership, or affiliation.

Third-party trademarks remain the property of their respective owners.

Section 29

Website Availability

Goldmark may modify, suspend, restrict, or discontinue all or part of the Services at any time.

We do not guarantee uninterrupted, error-free, or continuous availability.

Section 30

Disclaimer of Warranties

Section 31

Limitation of Liability

Nothing in these Terms limits liability that cannot lawfully be limited.

Any limitations applicable to paid Goldmark services may be separately addressed in the applicable written client agreement.

Section 32

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Goldmark and its owners, officers, employees, affiliates, contractors, and representatives from claims, damages, liabilities, losses, and reasonable costs arising from:

• Your unlawful use of the Services
• Your material violation of these Terms
• Information or materials you submit
• Your infringement of another party's rights

This provision does not supersede indemnification provisions contained in a separate written agreement with Goldmark.

Section 33

Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any contractual venue or dispute-resolution provisions contained in a separate written agreement with Goldmark will control with respect to that agreement.

Section 34

Severability

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Section 35

No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Section 36

Entire Website Terms

This Policy constitutes the general terms governing use of Goldmark's public-facing Services.

Separate campaign disclosures, insertion orders, master service agreements, data-processing agreements, lead-purchase agreements, or other written agreements may impose additional or different terms.

Where a separately executed agreement governs a specific commercial relationship, that agreement will control to the extent of a direct conflict.