Franklin Madison Direct LLC (collectively referred to herein as “FM Direct”, “we”, “our” or “us”), recognizes the importance of protecting personal data we may collect from you (“Users”, “you”, or “your”).

This Privacy Notice covers our website (franklinmadisondirect.com), our marketing, development, and delivery of our offerings; our fulfillment of our client’s campaigns; our contact with members of the public (for example, recruiting new team members) and with those acting in a professional capacity.

This Privacy Notice applies to data collection by FM Direct and shall apply to your use of the website, franklinmadisondirect.com and other FM Direct-related sites, communications, capabilities and services (“Services”) accessible on or by any top-level FM Direct domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:

1. When This Privacy Policy Applies
2. Information We Collect
3. Information Collected Related to California Residents
4. How We Use Information We Collect
5. Sale of Personal Information
6. Our Legal Basis for Collecting Personal Data
7. Information We Share
8. Our Retention of Your Personal Data
9. Your Rights and Choices
10. Our Opt-in/Opt-out Policy
11. Your Ad Choices
12. Third Party Links
13. How We Protect Personal Data
14. Direct Marketing and “Do Not Track” Signals
15. Changes to this Privacy Policy
16. How to Contact Us

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to DPO@franklin-madison.com or write to us at 7480 Flying Cloud Drive, Suite 100, Eden Prairie, MN 55344. 

Our Privacy Policy applies to all of the Services offered by FM Direct and its affiliates, including some FM Direct partners, and Services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as information about your device, and certain metadata.

“Sensitive Personal Data” refers to a smaller subset of Personal Data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.  We do not collect Sensitive Personal Information.

When you use our Services, we collect Personal Data in the following ways:

1. Information You Give to Us

As you evaluate whether FM Direct is the right solution for your company, or as part of the client onboarding process, you may choose to provide us with Personal Data about yourself and your organization, including your name, company name, phone number, mailing address, billing address, job title, industry, country of residence, and email address by completing forms on our website. You may also choose to provide us with employment and education information when you apply for a job at FM Direct via our Site.

In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services.

If you decide to engage FM Direct

2. Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited.  We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.

3. Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google Analytics, Google Ads, Facebook Ads and similar partners and services.

The technologies we use for this automatic data collection may include:

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 our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.  For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons. Pages of our services or 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 us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

During the last twelve (12) months, we have collected the following categories of personal information from consumers.

Category	Type of Identifiers We Collect	Collected
Identifiers.	First and last name, business address, unique personal identifier, online identifier, Internet Protocol address, email address, signatures; account ID and password.	YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, business address, telephone number, employment, employment history, credit card number, debit card number, or any other financial information.	YES
Internet or other similar network activity.	Browsing history and time, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
Commercial Information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
Professional or employment-related information.	Current or past job history or performance evaluations.	YES
Inferences drawn from other personal information.	Profile reflecting a person’s preferences, behavior, attitudes; and social media account information.	YES

We obtain the categories of Personal Information listed above from the following categories of sources:

1. Directly and indirectly from activity on our website franklinmadisondirect.com.  For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
2. From third parties that assist us in serving advertisements to prior user of our website and potential clients.

We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

1. To present, operate or improve the Site and Services, including analysis of Site activity;
2. To inform you about Services and products available from our Clients;
3. To provide, maintain, administer or expand the Services, performing business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
4. To administer our campaigns;
5. To customize or tailor your experience of the Services;
6. To communicate about, and administer your participation in, special programs, surveys, online campaigns, online programs, and other offers or promotions, and to deliver pertinent emails;
7. To send you marketing information and other non-transactional communications via email, telephone calls, SMS, or push notifications about us as necessary for our legitimate interest in conducting direct marketing or to the extent that you have provided prior consent;
8. With your consent as required by applicable law, we may send marketing and/or related text messages to your mobile device. You may opt out of receiving these messages by following the prompt in an individual message.
9. To improve our Site and Services;
10. To secure our Services, including to authenticate Users;
11. To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
12. To respond to and support Users regarding their use of the Sites and Services;
13. To comply with all applicable legal requirements;
14. To enforce our agreements;
15. To perform data analysis and testing;
16. To investigate possible fraud or other violations of our agreements or this Privacy Policy and/or attempts to harm our Clients and customers;
17. To resolve disputes;
18. To otherwise fulfill the purpose for which the information was provided.

We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our company and our Users.

We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Data to see which web pages you visit at our Site; we can then develop statistics that help us understand how our visitors use our Site and how to improve it.  We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

In the preceding twelve (12) months, we have not sold any Personal Information.

Whenever we collect Personal Data from you, we may do so on the following legal bases:

1. Your consent to such collection and use;
2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Services;
3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Data is necessary for:
   1. Intra-organization transfers for administrative purposes;
   2. Product development and enhancement, where the processing enables FM Direct to enhance, modify, personalize, or otherwise improve our services and communications for the benefit of our Users, and to better understand how people interact with our Sites;
   3. Communications and marketing, including processing data for direct marketing purposes, and subject to your opt-in for these purposes, and to determine the effectiveness of our promotional campaigns and advertising;
   4. Fraud detection and prevention;
   5. Enhancement of our cybersecurity, including improving the security of our network and information systems; and
   6. General business operations and diligence;

Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

We do not share personal data with companies, organizations and individuals outside of FM Direct unless one of the following circumstances applies:

1. With your consent. We will share Personal Data with companies, organizations or individuals outside of FM Direct when we have your consent to do so.
2. For providing our SparQ platform. We may share Personal Data with companies or organizations who provide or maintain our technology platforms or their components for the purpose of maintaining, supporting and protection these platforms.
3. For Legal Reasons. We will share Personal Data with companies, organizations or individuals outside of FM Direct if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
   1. meet any applicable law, regulation, legal process or enforceable governmental request.
   2. enforce applicable agreements including investigation of potential violations.
   3. detect, prevent, or otherwise address fraud, security or technical issues.
   4. protect against harm to the rights, property or safety of FM Direct, our Users or the public as required or permitted by law.

We attempt to notify Users about legal demands for their Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

     4. Non-Personal and Aggregate Site Use Information. FM Direct may compile and share your information in aggregated form (i.e., in a manner that would not personally identify you) or in de-identified form so that it cannot reasonably be used to identify an individual (“De-Identified Information”). We may disclose such de-identified information publicly and to third parties, or to FM Direct Partners under agreement with us.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:

1. Internet or other network activity information.

We disclose your Personal Information for a business purpose to the following categories of third parties:

1. Service providers and other third parties we use to support our business, including without limitation those performing core services (such as customer support services, customer relationship management, accounting, auditing, advertising, and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services;
2. Commercial providers.

We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations, or individuals outside of FM Direct if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

1. Fulfill any purpose for which you provide it;
2. Meet any applicable law, regulation, legal process or enforceable governmental request;
3. Enforce applicable agreement, including investigation of potential violations;
4. Detect, prevent, or otherwise address fraud, security or technical issues;
5. Protect against harm to the rights, property, assets or safety of FM Direct, our clients or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
6. For any other purpose disclosed when you provide the information; and,
7. When we obtain your consent to do so.

We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

We may retain your Personal Data for a period of time consistent with the original purpose for collection.  For example, we keep your Personal Data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your Personal Data during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

We retain your Personal Data even after your business relationship with us ends if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our agreements, or fulfill your request to “unsubscribe” from further messages from us.

You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our Services, we aim to provide you with choices about how we use your Personal Data. We also aim to provide you with access to your Personal Data. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we must keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of personal information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that personal information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the How to Contact Us section below. 

Privacy Rights Specific to Californians 

Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.

1. Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  
2. Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us.  Generally, this means you have a right to request that we move, copy, or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
3. Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
4. Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act. 

Exercising Your Rights

If you are a California resident who chooses to exercise your rights, you can:

1. Submit a request via email to dpo@franklin-madison.com, or
2. Write to us at 7480 Flying Cloud Drive, Suite 100, Eden Prairie, MN 55344.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.

Our Response to Your Request 

Upon receiving your request, we will confirm receipt of your request by email or postal mail. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

In some cases, our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
2. Debug products to identify and repair errors that impair existing intended functionality;
3. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
5. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
7. Comply with a legal obligation; or
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 

By providing an email address on the FM Direct Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

1. At any time, you can follow a link provided in offers, newsletters or other email messages received from us or a FM Direct Partner to unsubscribe from the service.    
2. At any time, you can contact us through dpo@franklin-madison.com or the address provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Data.
3. You may be able to opt-out of certain on-line advertising by using one of the links below:
   1. https://optout.networkadvertising.org/?c=1
   2. https://optout.aboutads.info/
   3. https://support.google.com/accounts/answer/2662856#everywhere&zippy=%2Ccontrol-personalized-ads-on-non-google-websites-and-apps-based-on-your-google-account-activity
   4. https://www.facebook.com/help/568137493302217

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

As described above, we or third-party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service.

The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not FM Direct. FM Direct does not control or operate these tools or the choices that advertisers and others provide through these tools. 

The Sites or communications may contain links to webpages operated by parties other than FM Direct. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. FM Direct strongly recommends that each User review the third party’s terms and policies.

FM Direct maintains administrative, technical and physical safeguards designed to protect the User’s Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we restrict access to personal information to FM Direct employees, contractors, business partners and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.  

1. Children.  The Site is not intended for use by children.  We do not intentionally gather Personal Data about visitors who are under the age of 16.  If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at dpo@franklin-madison.com.  If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. 

The FM Direct website does respond to Do Not Track (DNT) signals.

California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Data to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Data with third parties for marketing purposes at any time by submitting a request to dpo@franklin-madison.com.  California users may request further information about our compliance with this law by contacting us at dpo@franklin-madison.com or by writing to us at the address listed in the “How to Contact Us” section.

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Revisions: Adopted 4/23/2025.

If you have any specific questions about this Privacy Policy, you can contact us via email or phone or by writing to us at the address below:

Send e-mail to: dpo@franklin-madison.com. Send mail to our address: 7480 Flying Cloud Drive, Suite 100, Eden Prairie, MN 55344