Marketsmith Inc.

Privacy Policy

Last updated 1.2.2026

At MSI, we are committed to protecting your personal information and your privacy rights. If you have any questions regarding these policies, please contact [email protected].

This privacy policy will help you understand how we use your Personally Identifiable Information (PII) and how we protect it:

PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect, or otherwise handle your PII.

Website Privacy Policy

What we collect

We may collect your name, email address, phone number, or other details you voluntarily disclose to respond to a query, deliver a product, or register you for an event or mailing list.

We also collect website usage analytics such as your IP address, browser or device information. This information does not provide any personally identifiable attributes and is used for our internal analytics and reporting purposes only.

Do Not Track signals

We honor Do Not Track (DNT) signals and we do not track, plant cookies, or use advertising when a DNT browser mechanism is in place.

Third-party behavioral tracking

We do not allow third-party behavioral tracking.

How we collect your information

When requesting information or registering on our site, we may ask you to voluntarily enter your name, email address, phone number or other details to help you with your experience. All personal information that you provide is assumed to be true, and we expect notifications if or when your personal information changes.

When we collect your information

We collect information from you when you complete a form within our site to join our mailing list, view content or sign up for an event/webinar. We may also collect information automatically (without your permission) such as IP address, browser or device information. This information does not provide any personally identifiable attributes and is used for our internal analytics and reporting purposes only.

How we use your information

We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To administer a contest, promotion, survey, or other site feature.
  • To send periodic emails regarding company announcements, news, products, and services.
  • For legitimate business interests in compliance with our legal obligations and based on your personal consent.

Your information will only be shared based on your consent or if we are required to do so in order to comply with a legal obligation.

How we protect your information

We scan our website regularly for security holes and known vulnerabilities to make your visit to our site as safe as possible. You should access the internet only within a secure environment.

Malware Scanning

Your personal information is contained behind secured networks and is accessible only to a limited number of persons who have special access rights to such systems and who are required to keep the information confidential.

We implement a variety of security measures when a user submits or accesses their information to maintain the safety of your personal information.

Cookies

We use cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

  • Understand and save user’s preferences for future visits.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
  • Target users with online ads based on their activity on the website.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It won’t affect the user’s experience, though the site functioning may be less efficient.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your PII unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Your state privacy rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

  • Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
  • Correction. You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
  • Deletion. You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
  • Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.

To exercise any of these rights, please send an email to [email protected].

California Online Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting PII from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more information on the Consumer Federation of California website.

In compliance with CalOPPA, you can visit our site anonymously. You will be notified of any Privacy Policy changes to our privacy policy.

You can change or purge your personal information by sending an email to [email protected]. Please identify what information you are looking to purge. We will confirm receipt and purge from all integrated data platforms within 5 business days.

Children’s Online Privacy Protection Act (COPPA)

When it comes to the collection of personal information from children under 13 years of age, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13.

Fair Information Practice Principles

The Fair Information Practice Principles form the backbone of privacy law in the United States, and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

To comply with Fair Information Practices, we will take the following responsive action, should a data breach occur:

  • We will notify you via email within 7 business days.
  • We will notify you via in-site notification within 7 business days.

We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute noncompliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Market to our mailing list or continue to send emails to our clients after the original contact has occurred.

To be in accordance with CAN-SPAM, we agree to:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

Unsubscribe

If at any time you would like to unsubscribe from receiving future emails or request your information be deleted from our database, you can email us at [email protected]. We will promptly remove you from ALL correspondence and notify you once this action has been completed.

Contact us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Marketsmith, Inc.
110 South Jefferson Road, Suite 202
Whippany, NJ 07981
United States
[email protected]

MSIGenerate Privacy Policy

In addition to our Website Privacy Policy, these additional privacy considerations relate to our application, MSIGenerate.

MSIGenerate is used by businesses to understand the health of their business and effectiveness of their marketing campaigns. It contains information related to the business and the individuals that business has designated as users of the application.

This policy applies when MSI collects usage information from employee users of MSIGenerate. In this instance MSI is considered the “data controller” because we determine what personal data will be collected and how it will be handled, as detailed and allowed per this policy.

MSI is considered the “data processor” and not the data controller of the information provided to MSI by our customers in order to make MSIGenerate work for their needs. This policy does not apply to the data provided to us to process except where specified below.

This policy is applied globally and in compliance with United States federal, state, and local law.

What we collect

MSIGenerate is a data visualization application. We collect information entrusted to us by the businesses we serve. This information may include sensitive locational, transactional, and marketing data as well as website usage information for their company website site such as IP addresses, device information, log files, cookies, and third-party integration. In this instance MSI is the data processor.

MSI collects and is the data controller of business-related personally identifiable information (PII) on authorized users of the application that includes name, title, business email address, and mobile phone number. We also collect data on MSIGenerate usage and performance.

In addition, we import publicly available information such as federal, state and local census and tax information.

Why we collect this information

We collect as the data processor, information entrusted to us by the businesses we serve and publicly available information to create the insights our customers need to optimize and grow their businesses.

We collect as the data controller, business-related personally identifiable information (PII) on authorized users of the application for the purpose of providing secure access to the client’s MSIGenerate account. We collect MSIGenerate usage and performance data to improve the application’s performance.

How we use the information and legal basis

MSI uses the information we collect about you for the following purposes:

To fulfill a contract with you. This includes:

  • Providing you with the MSIGenerate software and any other services or products that you have requested;
  • Administering MSIGenerate training courses and other content, including testing and certifications (as applicable);
  • Verifying your identity;
  • Processing payments;
  • Sending you necessary communications (for example, related to payments, suspected unauthorized access, or expiration of your subscription); and
  • Providing customer service or support.

As required by MSI to conduct our business and pursue our legitimate interests such as:

  • Analyzing your data and its characteristics using automated techniques or with human review, in the following circumstances:
    • To enable the insights from your data for you in MSIGenerate. This includes the formatting and delivery of your data as well as training your AI installation to provide you with custom insights;
    • Analyzing your use and measuring effectiveness of MSIGenerate to better understand how the software is being used so we can improve it and continue to provide you with an excellent product and services;
    • Sending you information about MSI products and services, special offers and similar information;
  • Analyzing your use and navigation of MSIGenerate, your profile information, your interaction with our communications (excluding your data and insights), to:
    • Detect and prevent fraudulent, deceptive, or, illegal activity, or misuse of MSIGenerate;
    • Improve MSIGenerate, and the user experience, subject to your opt-out and consent rights, including those described here;
    • Tailor and customize MSIGenerate through marketing communications;
    • Diagnosing problems in MSIGenerate;
    • Conducting surveys and market research about you, your interests, the effectiveness of our marketing campaigns, and customer satisfaction (unless we need consent to undertake such surveys, in which case we will only do this with your permission);
    • Investigating and responding to any comments or complaints that you may send us;
    • Sharing account information registered under a business email address with employers for account migration purposes;
    • If we merge with or are acquired by another company or if all or a substantial portion of our assets are acquired by another company, your information will likely be disclosed to the prospective purchaser, our advisers and any other prospective purchaser’s advisers and will be one of the assets that is transferred to the new owner;
  • In connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of information in connection with government agency requests, legal process or litigation).

Where we process your information based on legitimate interests, you can object to this processing in certain circumstances. In such cases, we will cease processing information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

If legitimate interest is not an available legal basis in a particular jurisdiction, we will engage in the processing activities described above on a legal basis that is available in that particular jurisdiction.

Where required, when you give MSI your consent or otherwise consistent with your choices:

  • Sending you information about MSI products and services, special offers and similar information;
  • Placing cookies and using similar technologies in MSIGenerate and in email communications, in accordance with our Cookies Policy and the information provided to you when those technologies are used;
  • Accessing information stored on your device relating to your use of, and engagement with, MSIGenerate related to crash reports in order to fix the underlying problem causing the crash;

Analyzing your use and navigation of MSIGenerate or your data and its characteristics using automated techniques or human review in order to:

  • Detect and prevent fraudulent, deceptive, or illegal activity or misuse of MSIGenerate;
  • Improve MSIGenerate and the user experience;
  • Respond to your request (e.g., customer service).

On other occasions where we ask you for consent, we will use the information for the purposes which we explain at that time. Where we rely on consent to process information, you can withdraw your consent to such activities at any time.

For legal reasons:

  • Responding to requests by government or law enforcement authorities conducting an investigation.
  • Using or disclosing information as reasonably necessary to detect, prevent, or otherwise address fraud, security, potential deceptive or illegal activities, misuse of MSIGenerate, or technical issues and software piracy (e.g., to confirm that software is genuine and properly licensed), helping to protect you as well as MSI.
  • Where this processing and these disclosures are not strictly required by law, MSI may rely on its legitimate interests, where available, and those of third parties described above.

Data sharing and disclosure

As with the information we collect on our website, we do not sell, trade, or otherwise transfer to outside parties your MSIGenerate PII unless we provide you with advance notice. This does not include hosting partners and other parties who assist us in operating MSIGenerate, conducting our business, or serving you, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.

Disclosing for Fraud Prevention, Safety and Security Purposes

We will disclose personal information to companies that help us run our business to detect, prevent, or otherwise address fraud, deception, illegal activity, misuse of MSIGenerate, and security or technical issues.

Additionally, we will disclose personal information to companies, organizations, government authorities, or individuals outside of MSIGenerate if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to detect, prevent, or protect against such fraudulent, deceptive, or illegal activity, misuse of MSIGenerate, or security or technical issues, or where it is reasonably necessary to protect from harm the rights, property or safety of MSI and our employees, our users, children, or the public as required or permitted by law.

Other Information Disclosure

MSI may also disclose your personal information:

  • When you agree to the disclosure;
  • When we have a good faith belief that we are required to provide information in response to a subpoena, court order, or other applicable law or legal process (learn more), or to respond to an emergency involving the danger of death or serious bodily harm;
  • If we merge with or are acquired by another company, sell MSIGenerate, or if all or a substantial portion of our assets are acquired by another company, your information will likely be disclosed to the prospective purchaser, our advisers and any prospective purchaser’s advisers and will be one of the assets that is transferred to the new owner.

Your rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

  • Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, depending on your state, data will be provided in a portable format. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.
  • Correction. You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
  • Deletion. You may request that we delete personal data about you that we maintain, subject to certain exception under applicable law.
  • Opt Out of Using Personal Data for Targeted Advertising, Profiling, and Sales. You may request that we do not use your personal data for these purposes.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.

To exercise any of these rights, please send an email to [email protected].

When provided for by applicable law, you have the right to ask us for a copy of your personal information; to correct, delete or restrict (stop any active) processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this information to another controller. You may be entitled to additional rights based on applicable data privacy laws in your jurisdiction.

MSIGenerate allows you to make limited edits to your personal information by accessing the “my account,” “my profile,” feature. You can remove or change allowable information on your own.

In addition, you can object to the processing of your personal information in some circumstances (such as where we are using the information for direct marketing).

Your PII serves as part of our access security protocols. These rights may be limited, for example, if:

  • Fulfilling your request would compromise security or disable your access to your company’s account;
  • Fulfilling your request would reveal personal information about another person;
  • We are required to keep the information by law or which we need to defend claims against us;

To exercise any of these rights (including deactivating your MSIGenerate account), you can get in touch with your company’s account administrator, or with us.

If you have unresolved concerns, you have the right to report them to your local privacy regulator or data protection authority.

When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.

How we protect your information

MSI has implemented and will continuously update security measures for MSIGenerate including encryption, firewalling, and secure access best practices. To keep your data secure, we require everyone who accesses it to follow all security processes and best practices. The full security posture is included in your written agreement.

How long we keep your information

Should you end your subscription to MSIGenerate, we will retain your data, account information, and other personally identifiable information for no longer than one year. Should you reactivate your subscription before then, your data will be available to you. We will purge your data sooner at your written request.

Children’s Online Privacy Protection Act (COPPA)

MSIGenerate is intended for businesses and not intended for children.

Fair Information Practice Principles

The Fair Information Practice Principles form the backbone of privacy law in the United States, and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

To comply with Fair Information Practices, we will take the following responsive action, should a data breach occur:

  • We will notify you via email within 7 business days.
  • We will notify you via in-app notification within 7 business days.

We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute noncompliance by data processors.

Contact us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Marketsmith, Inc.
110 South Jefferson Road, Suite 202
Whippany, NJ 07981
United States
[email protected]