Privacy Notice

Last Updated: September 6, 2023
Effective as of: September 6, 2023

Introduction

MarketSphere Holdings, LLC and its affiliated entities (listed in the “MarketSphere Entities” section below) (together “Company,” “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Notice describes the way we handle the personal information about you that we may obtain through our website and the safeguards we apply to protect personal information. This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit any of the following MarketSphere websites: www.marketsphere.com, www.unclaimedpropertyspecialists.com, www.emmsphere.com, www.meridianbusiness.com, www.letterreply.com, www.letterresponse.com, www.replacemycheck.com, www.inactiveresponse.com (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Notice applies to information we collect:

• On the Website
• In email, text, and other electronic messages between you and the Website
• From third parties and clients in the course of providing unclaimed property consulting, annual compliance reporting, owner reunification and corporate asset recovery services
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Notice

This Privacy Notice does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Privacy Notice carefully to understand our policies and practices regarding your personal information and how we will treat it.

By accessing or using this Website, you agree to this Privacy Notice. If you do not agree with the terms of this Privacy Notice, please do not access the Website.

Information We Collect

The information we may collect includes:

• Personally identifiable information (“personal information”), including, but not limited to: your name, street address, email address, telephone number, and other information identified in the State Data Privacy Rights section.
• Other information (“other information”), about your company and state of business, internet connection, the equipment you use to access the Website, and usage details, including IP address, browser type, operating system, access times, areas of the Website you viewed, what content you viewed on the Website, and the pages you viewed directly before and after accessing the Website.
• If you apply for a job through our Website, we may gather additional information about you, such as your resume, cover letter, work history, reference information, education information, information required to complete a background check and any other information you elect to provide us.

We collect information:

• When you voluntarily provide it to us, for example, when you participate in interactive features of the Website (such as online chat), fill out a form, subscribe to email updates or a newsletter, respond to a survey, request customer support, or otherwise communicate with us via the Website.
• Automatically as you navigate the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners and clients.

The information we collect automatically is summary data that is only statistical and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Website.

We use various technologies to collect information, including sending cookies to your computer or mobile device and placing web beacons on pages of the Website.

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.
• Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third parties including ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Information We Collect From Third Parties

Some of the services our family of businesses provide may rely on information about you that is collected from third parties, such as your name, home address, and/or other personally identifiable information. Our businesses only use this information to help our customers comply with laws to attempt to contact you and reunite you with your property. Our businesses may also work with different third-party service providers to supplement information they may automatically collect from you or that you provide. For example, our partners may provide information such as change of address information, so that our businesses can more reliably locate property owners to reunite them with their property. The information that you provide or that our partners provide to us will not be used for any promotional purposes.

How We Use Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may collect personal information about you via the Website to:

• Provide you with our services and any other information that you request from us.
• Allow you to participate in interactive features on the Website.
• Present the Website and its contents to you.
• Carry out our obligations and enforce our rights arising from any contracts entered between you and us.
• Send you technical notices, updates, security alerts, and support and administrative messages.
• Increase the efficiency and operation of the Website.
• Monitor and analyze usage and trends to improve your experience with the Website.
• Notify you of updates to the Website.
• Offer new services, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Request feedback and contact you about your use of the Website.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Provide, maintain, and improve the Website.
• Link or combine with information we get from others to help understand your needs and provide you with better service.
• Fulfill any other purpose for which you provided the information.
• For any other purpose with your consent.

We may also use information to contact you about our services that may be of interest to you. If you do not want us to use your information in this way, please contact us to opt-out (see Contact Information). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Personal Information

We do not rent, sell, or share personal information except and only under the specific provisions as specified below.

We do not share your personal or financial information with other people or non-affiliated companies for their direct marketing purposes unless we have your permission. We may share aggregate or de-identified data, or other information, with third parties for any purpose as permitted by applicable law.

We may share information, including personal information, as follows:

• With your permission. We may share the information we receive with third parties when we have your permission or at your direction.
• With our vendors and service providers. We may share any information we receive with vendors and service providers retained to help us provide or improve the services or the Website.
• As required by law and similar disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; defend against legal claims; respond to your requests; protect the rights, property, and safety of you, Company, or others; or as otherwise required by law.
• In connection with a merger, sale, or other asset transfer. If we are involved in a merger, acquisition, financing, reorganization, or other substantial corporate transaction, or in the unlikely event of bankruptcy, any information we possess, including personal information, may be shared, sold, or transferred as part of such a transaction as permitted by law and/or contract. In such cases, we cannot control how other entities may use or disclose such information.

Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated or non-agent third parties for promotional purposes.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our services, you can opt-out by sending us an email stating your request to privacy@marketsphere.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions. This opt out also does not apply to communications that are required by law.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

• You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
• Our Website uses Google Analytics to analyze your website activity. You can opt out of Google Analytics by visiting Google Analytics Opt-out Browser Add-on Download Page.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may contact us to submit a request (see Contact Information). However, please note that we do not currently sell data triggering that statute’s opt-out requirements.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes, and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.

State Data Privacy Rights

Last Updated: September 6, 2023
Effective as of: September 6, 2023

This section of our Privacy Notice applies to consumers who reside in the State of California, the State of Colorado, the State of Connecticut, the State of Utah, or in the Commonwealth of Virginia and describes how we may collect, use and protect your personal information. This section has been adopted to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”), and any other state privacy laws in effect as of the “Last Updated” date above.

For the purpose of this section, “personal information” is information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is publicly available, deidentified or aggregated.

Categories of Personal Information Collected

• Identifiers, including as name, mailing address, telephone number, IP address, email address, password, account name, social security number, driver’s license number, passport number and/or other similar identifiers.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Information from client records (some personal information in this category may overlap with other categories): name, social security number, address, telephone number, passport number, driver’s license number, insurance policy number, bank account number, credit card number, debit card number, other financial information (including retirement information), and/or medical or health information.
• Professional or employment-related information, including current or past job history.
• Publicly available information.
• Deidentified or aggregated consumer information.
• Sensitive personal information as necessary and permissible under applicable law, including social security number, driver’s license number, or passport number, or your race, ethnicity and gender.

Sources of Personal Information We Collect:

We may collect personal information from the following sources, which includes, but is not limited to applications and forms, communications and interactions with us via on-line events, in person, or online including via the Website. For more information, please see Information We Collect above.

• Directly from you
• Our clients and/or their authorized representatives
• Our service providers for business purposes
• Unaffiliated third parties with which we have a business relationship
• Directly from our website or other applications
• Social media platforms
• Employees, contractors and job applicants
• Third party entities that conduct and report on background checks and screenings
• Government entities and databases
• Publicly available sources

Purposes for Which Personal Information is Collected

We may collect or use personal information for the following purposes:

• Performing services for or on behalf of our clients, including maintaining or servicing accounts, providing customer service, client communications, client relationship management, processing or fulfilling transactions, verifying identity information, processing payments, and other services
• Auditing and compliance with applicable laws and standards
• Marketing purposes
• Assessing and maintaining candidate records
• Assessing third-party providers and service providers
• Client communications
• General business administration including reimbursements for employee travel
• Payroll and employee benefits
• Billing, invoicing and accounting
• Management of hiring process
• Systems and data security
• Debugging to identify and repair errors in our systems
• Conducting activities to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide
• Compliance with applicable legal and regulatory requests and obligations
• To establish or defend legal claims and allegations
• For the security or prevention, detection or investigations of fraud, illegal activity or other misconduct
• To seek legal advice, or advice from auditors or other professional advisors

Categories of Third Parties to Whom Personal Information is Disclosed

We may share personal information as described in this Privacy Notice, including with the following categories of third parties:

• Our affiliates.
• Marketing, advertising and analytics providers for marketing, advertising analytics purposes.
• Technical and operational service providers and business partners. We may engage third parties to perform certain functions on our behalf. To do so, we may disclose personal information to our third-party business partners and service providers in order to maintain and operate the websites and provide, improve and personalize our services, or for other technical functions. We may also share personal information to service providers or other third parties to detect, prevent and respond to security incidents or other illegal or fraudulent activity or threats.
• Government entities and agencies, regulators, law enforcement and other third parties as legally permitted or required.
• Other third parties in business transactions, in connection with a merger, acquisition, bankruptcy or other similar transactions.
• Third parties to whom you or your agents authorize us to disclose your personal information with us in connection with our services.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Notice, or for purposes compatible with the context in which the personal information was collected.

We do not sell your personal information or your sensitive personal information, nor do we share it with third parties for cross-context behavioral advertising.

We do not collect or process sensitive personal information for the purpose of inferring characteristics about consumers.

Your Privacy Rights

If you are a California, Colorado, Connecticut, Utah, or Virginia resident, you have certain rights regarding your personal information and about our collection and use of such information over the past 12 months. You may exercise these rights free of charge except as otherwise permitted under applicable law by submitting a verifiable consumer request (as defined below). These rights are as follows:

• Right to Know, Right to Access, and Right to Portability. You may request that we disclose to you:
  • Whether we are processing your personal information.
  • The categories of personal information we have collected about you.
  • The categories of sources from which the personal information was collected.
  • The business or commercial purpose for collecting, selling, or sharing the personal information.
  • The categories of third parties to whom we have disclosed the personal information.
  • The business or commercial purpose for collecting or sharing that personal information.
  • The specific pieces of information we have collected about you.
• Right to Limit. You have the right to request that we limit or restrict the use of your sensitive personal information.
• Right to Opt-Out. You have the right to request to opt-out of the sharing of your personal information.
• Right to Opt-In. If you are a Virginia, Colorado, or Connecticut resident, you have the right to opt-in to the processing of sensitive data. “Sensitive data” is defined as personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; genetic or biometric data processed for the purpose of uniquely identifying a natural person; the personal data collected from a known child; and precise geolocation data).
• Right to Delete. You have the right to request that we delete personal information that we have collected about you. Please note if you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information. Your request may also be denied if retaining your personal information is necessary of us or our service providers to detect or protect against security incidents or other fraudulent or illegal activity; to debug, identify or repair errors that impact the functionality of our systems; or to comply with a legal obligation.
• Right to Correct. If you are a Virginia, California, Colorado, or Connecticut resident, you have the right to request that we correct inaccurate personal information that we have collected about you.
• Right to Appeal. If you are a Virginia resident and we decline to take action on a request that you make in accordance with the foregoing to exercise you privacy rights, you may appeal our decision by directly responding to our denial decision email or as provided below.

Requests to Exercise Your Rights

To exercise any of your rights, please contact us by:

• Submitting a request to us at privacy@marketsphere.com; or
• Calling us toll-free at 1-888-421-4007.

As required or permitted under applicable law, please note that we will respond to a verified request as soon as practicable and as required by law. A verifiable consumer request is a request made by you that allows us to reasonably verify that you are the individual that you say you are. We may take steps to verify or require you to verify your identity before granting you access to information or acting on your request to exercise your rights. You may designate an authorized agent to exercise any of your rights on your behalf by providing your agent with written permission to act on your behalf.

If we have received your personal information through our clients or we are otherwise acting as a service provider, we may refer you to our client to fulfill your request, in accordance with applicable law.

We will attempt to respond to your request within 45 days of receipt of a verifiable consumer request. If we need additional time, we will inform you of the reason for the extension (such extension not to exceed the period of time allowed by applicable state law) in writing.

We do not sell or share personal information with third parties for cross-context behavioral advertising. We do not use or disclose sensitive personal information for any purposes other than those permitted by applicable law.

We will not discriminate against you for exercising your rights under applicable state law. Unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, provide you 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.

Third-Party Websites And Applications

The Website may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. We do not review or endorse any of such third parties or their privacy practices. Once you have used these links to leave the Website, any information you provide to these third parties is not covered by this Privacy Notice, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content, privacy and security practices, or policies of any third parties, including other websites, services, or applications that may be linked to or from the Website.

Controls For Do-Not-Track Features

Our websites currently do not respond to “do not track” signals or similar mechanisms.

Opt-Out Preference Signals

We do not sell or share your personal information for targeted or cross-context behavior advertising. Therefore, opt-out preference signals are not required and are not processed.

GDPR Notice

We collect the categories of personal information identified above in the State Data Privacy Rights section.

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”) and United Kingdom (“UK”) General Data Protection Regulation (“UK GDPR”), we rely upon the following legal basis defined in the GDPR and UK GDPR to collect, use, share and otherwise process the personal information of individuals located in the EU or UK:

• Necessary for the purposes of our or a third party’s legitimate interests, such as those of clients, partners, staff or others, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we rely on the following legitimate interests:

• Performing services for or on behalf of our clients, including maintaining or servicing accounts, providing customer service, client communications, client relationship management, processing or fulfilling transactions, verifying identity information, processing payments, and other services
• Keeping our services safe and secure: We use your information in certain instances as necessary to pursue our and your legitimate interests of keeping some of our services, such as our domains, websites, offices and events, safe and secure. For example, we collect IP addresses to ensure our website are not subject to fraudulent access.
• Marketing our services: We use your information in accordance with applicable law as necessary to pursue our legitimate interests in marketing our services.
• Providing, improving and developing services: We use your information as necessary to pursue our legitimate interests in tailoring and improving our services. For example, if you are a customer, we may send you a survey or questionnaire to understand your experience in obtaining services from us.
• Providing seamless services with our affiliates: In some cases, the services require the engagement of, or sharing of your information with, other companies affiliated with us.

If you are located in the EU or UK, you have the right:

• To access the personal data we maintain about you
• To receive information about how we process your personal data
• To correct your personal data
• To have your personal data erased
• To object to or restrict how we process your personal data
• To request your personal data be transferred to a third party
• To withdraw any consent you may have given us to process your personal data

We transfer personal information to the categories of recipients identified above in Categories of Third Parties to Whom Personal Information is Disclosed.

We retain personal information for so long as is necessary to carry out the legitimate interests identified above.

If you are an EU or UK resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU or UK and you believe that we have infringed your rights under the GDPR or UK GDPR, please contact us (see Contact Information).

You have the right to lodge a complaint with a supervisory authority, in particular in your applicable Member State.

Changes To Our Privacy Policy

We reserve the right to make changes to this Privacy Notice at any time and for any reason. We will alert you about any changes by updating the “Updated” date shown at the top of this Privacy Notice. Any changes or modifications will be effective immediately upon posting the updated Privacy Notice on the Website, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Notice to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Notice by your continued use of the Website after the date such revised Privacy Notice is posted.

Data Retention

We will only retain your personal information for as long as needed to fulfill the purposes for which it was collected by us, including for the purposes of complying with our legal obligations, preventing fraud or abuse, resolving disputes, enforcing our agreements, or taking other actions permitted by law. Anonymous or aggregated information that does not identify you personally may be retained indefinitely.

Protection Of Information And Security

Technical, non-technical, and administrative safeguards are implemented to protect the confidentiality, integrity, availability, and resiliency of personal information and privacy data.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to the Website. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

For site security purposes, and to ensure that this service remains available to all users, all network traffic is monitored to identify unauthorized attempts to upload or change information, or otherwise cause damage or conduct criminal activity.

Children Under The Age Of 13

The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly solicit or collect personal information from children under 13 without parental consent. If you are under 13, do not use or provide any information on the Website or through any of its features, use any of the interactive features of the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take all reasonable measures to delete that information (except where necessary to protect the safety of the child or others as required or permissible by law).

If you believe we might have any information from or about a child under 13, please contact us (see Contact Information).

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Disclaimer For Hypertext Links

This Website may contain links to external sites, which sites are not governed by this Privacy Notice, and we do not take responsibility for the privacy practices of any third-party sites to which we link. We encourage you to review the privacy policies of any such sites before you submit information there. Links from our web pages to other sites, or from other sites to our Website do not constitute an endorsement by us. These links are for convenience only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.

MarketSphere Entities

• MarketSphere Ventures
• MarketSphere Consulting, LLC
• MarketSphere Unclaimed Property Specialists
• EMMsphere, LLC
• Meridian Business, LLC

Contact Information

If you have questions or comments about this Privacy Notice or our privacy practices, please contact us at privacy@marketsphere.com or 1-888-421-4007.