MARS Performance Solutions, LLC, which we refer to in this Policy as “MARS,” “we,” “us,” or “our,” provides a cloud-based employee performance management platform designed to help organizations manage goals, key performance indicators, feedback, analytics, and related performance improvement workflows through a structured software environment. This Website Privacy Policy explains how we collect, use, disclose, and otherwise process personal information through our website, applications, hosted platform, related functionality, dashboards, analytics, documentation, support tools, and related services. This Policy is written for a business-focused environment and is intended to address personal information relating to website visitors, customer personnel, authorized users, administrators, managers, reviewers, employees, contractors, and other individuals whose information may be submitted to or processed through the Services.
Scope of This Policy and MARS’s Role
This Policy applies to personal information that MARS collects directly from individuals, automatically through interactions with our website and Services, and indirectly from customer organizations that use the Services. In many cases, MARS processes personal information on behalf of a customer organization in connection with the Services, and when that occurs the customer acts as the controller or business, as applicable, while MARS acts as the processor, service provider, or contractor, as applicable. In that role, MARS processes personal information only for the limited and specific purposes of providing, hosting, supporting, securing, maintaining, and improving the Services for the customer, performing MARS’s obligations and exercising MARS’s rights under the governing agreements, preventing fraud and misuse, and complying with applicable law.
When a customer organization submits workforce or other business-related information to the Services, that organization decides what information to submit and how it will use the Services in its business operations. Customers are responsible for the legality, accuracy, quality, and appropriateness of the information they provide to the Services, for obtaining any required notices, rights, consents, authorizations, permissions, or other legal bases, and for complying with applicable employment, privacy, monitoring, labor, anti-discrimination, and data protection laws. Customers also remain solely responsible for their own employment-related decisions and for how they interpret, use, or act upon reports, analytics, recommendations, scores, prompts, or other outputs generated or surfaced through the Services.
If you are an employee, contractor, manager, administrator, reviewer, or other individual whose information was submitted to the Services by a customer organization, your relationship regarding that information is primarily with the relevant customer organization and not directly with MARS. Questions about workplace disclosures, employee privacy notices, employment monitoring, or a customer’s use of data in employment or management decisions should be directed to the relevant customer organization because that organization controls those activities and remains responsible for its legal compliance. To the extent this Policy conflicts with a customer agreement or an applicable data processing addendum with respect to customer-submitted data or personal information processed on behalf of a customer, the customer agreement and applicable data processing addendum will control.
Personal Information We Collect
MARS may collect personal information directly from individuals who visit our website, request information, communicate with us, register for access, use the Services, participate in implementation or support activities, or otherwise interact with us in connection with our business operations. Depending on the circumstances, this information may include names, business contact details, employment-related identifiers, login credentials, account registration information, related account or configuration data, and communications or information provided in the course of support, implementation, or related services.
MARS also processes personal information that customer organizations and their authorized users submit to, upload to, transmit through, or otherwise make available in connection with the Services. That information may include performance reviews, goals, feedback, analytics inputs, reports, files, notes, records, and other information connected to the customer’s use of the Services, together with related account or configuration data. Personal information processed through the Services may relate to current and former employees, contractors, consultants, managers, reviewers, administrators, and other individuals whose information a customer submits to the Services.
We may also collect device, authentication, system, and usage-related information when individuals interact with our website or Services. This information may include device and usage data, service telemetry, operational data, login and account activity information, and other information about how the website or Services are accessed, used, supported, secured, maintained, and improved. We may collect this information through cookies and similar technologies used to support functionality, security, authentication, performance monitoring, and analytics.
Children’s Privacy
The website and Services are intended for business use and are not directed to individuals under the age of 16. We do not knowingly collect personal information from anyone under 16. If you believe a person under 16 has provided personal information to us, please contact us using the details below, and we will take appropriate steps to delete the information. Individuals under 16 should not use the website or Services or provide personal information through them.
How We Use Personal Information
MARS uses personal information as necessary to provide, host, operate, support, secure, maintain, and improve the website and Services. This includes using personal information to administer accounts, authenticate users, provide requested functionality, configure customer environments, perform implementation and related services, respond to support requests, and otherwise manage the customer relationship.
We also use personal information to monitor performance, troubleshoot issues, prevent fraud and misuse, protect the integrity and security of the website and Services, and comply with applicable law or legal process. We may use personal information to communicate with customers and authorized users about the Services, documentation, support, updates, security matters, and other matters related to the operation of the website and Services.
We do not use personal information collected through the website to send promotional or marketing communications unless you expressly request or consent to receive them, and you may withdraw that choice at any time. We also do not process personal information for cross-context behavioral advertising or to create or use advertising profiles, and our advertising-related processing is limited to measuring advertising performance and conversions.
In addition, MARS may generate and use aggregated, de-identified, or non-identifying platform data for analytics, benchmarking, research, product improvement, service operations, and marketing, provided that such data does not identify a customer, an authorized user, or any natural person and is not used to attempt re-identification. Nothing in this Policy limits MARS’s rights in platform data or de-identified data as expressly permitted by the governing agreements, so long as MARS does not attempt to re-identify de-identified data.
How We Disclose Personal Information
MARS may disclose personal information to employees, contractors, affiliates, and service providers that have a legitimate business need to know the information in order to provide, host, support, secure, maintain, improve, or otherwise enable the website or Services. MARS may also engage subprocessors, including affiliates, to assist in providing the Services, and MARS imposes written obligations on subprocessors that are no less protective of personal information than the obligations applicable to MARS to the extent required by applicable law.
We may disclose personal information to auditors, advisors, financing sources, prospective acquirers, or other transaction counterparties where appropriate in connection with legitimate business operations, financing, diligence, restructuring, merger, acquisition, or sale-related activity, subject to confidentiality and other appropriate protections. We may disclose personal information where required by law, subpoena, court order, or other legal process, and where legally permitted we may provide notice and cooperate in seeking confidential treatment or other appropriate protections.
If a customer organization enables optional modules, third-party services, or integrations, MARS may disclose information as needed to provide or support those features, subject to applicable terms, customer instructions, and the scope of the relevant integration or service. MARS is not responsible for the availability, performance, or accuracy of third-party services, integrations, or external content, even if certain integrations are made available as a convenience.
We do not sell personal information, and we do not disclose personal information to third parties for advertising that targets individuals across unaffiliated websites or applications based on personal information about their browsing activities. If our practices change, we will provide appropriate notice and a simple way to opt out.
Customer-Submitted Data and Employment-Related Information
Information that a customer organization or its authorized users submit to the Services is treated as customer data under the governing agreements. As between MARS and the customer, the customer retains all right, title, and interest in and to that customer data. MARS receives a limited right to host, copy, transmit, display, process, adapt, and otherwise use customer data solely as necessary to provide, support, secure, maintain, and improve the Services for the customer and to perform MARS’s obligations and exercise MARS’s rights under the governing agreements.
Because the Services are intended to support customer organizations in managing internal goals, key performance indicators, feedback, analytics, and related workflows, the personal information processed through the Services may include employment-related and workforce-related information. MARS does not direct a customer’s employment practices and does not control or assume responsibility for a customer’s decisions regarding hiring, promotion, discipline, compensation, work allocation, advancement, retention, termination, monitoring, or other employment-related actions. MARS does not provide legal, human resources, or employment law advice through the Services, and customers remain responsible for obtaining their own professional advice regarding employment practices, disclosure obligations, and compliance decisions.
Cookies, Similar Technologies, and Analytics
MARS may use cookies and similar technologies on its website and in connection with the Services to help operate and secure the environment, authenticate users, maintain session continuity, provide live chat functionality, analyze usage, monitor performance, measure advertising performance and conversions, and support product and service improvement. These technologies may collect device, browser, authentication, and usage-related information associated with website and service interactions. Where required by applicable law, MARS will provide appropriate disclosures or choices regarding such technologies.
To the extent analytics, telemetry, benchmarking, or similar information is derived from use of the Services, MARS may use that information in de-identified or aggregated form for research, analytics, benchmarking, service operations, product improvement, and marketing so long as the information does not identify a natural person or a customer and is not used to attempt re-identification. Nothing in this section authorizes MARS to use customer-submitted personal information in a manner inconsistent with the governing customer agreement, any applicable data processing addendum, or applicable law.
Our advertising measurement, and lead‑generation vendors act as service providers that process personal information solely to provide services to MARS under our instructions and written agreements that limit their use and disclosure.
We use Google Ads conversion tracking to measure advertising performance and conversions. Google processes certain device and usage information to provide these services. We configure Google’s tags and our Google Ads account so that personalized advertising features (including remarketing, audience creation, and interest-based targeting) are disabled. Our implementation does not send data for ad personalization, and we do not build or use remarketing lists or audience segments. For details about how Google collects and uses information, see How Google uses information from sites or apps that use our services and Google’s Privacy Policy.
We also use Crisp live chat (https://crisp.chat) to provide real‑time support. Crisp sets functional cookies to enable chat features and may process the information you provide in chat (such as contact details and message content) so we can respond to inquiries and support requests. Crisp acts as our service provider under our instructions and written agreements that limit its use and disclosure. For details, see Crisp’s Privacy Policy.
You can manage optional analytics and advertising preferences at any time through the “Your Privacy Choices” link available in our website footer. Where your browser or device transmits a user‑enabled opt‑out preference signal, including Global Privacy Control (GPC), we will treat that signal as a request to opt out of advertising‑related disclosures and to disable all nonessential cookies and similar technologies for that browser or device. While such a signal is present, we turn all nonessential categories Off in our privacy tools (for example, Analytics and Advertising) and lock those preferences; any previously stored “Accept all” selection does not override the signal. Certain features that rely on nonessential cookies (for example, live chat) may be unavailable or limited while the signal is present. If the signal is later no longer present, your stored preferences (including any prior “Accept all” selection) will again apply unless you change them.
To remember your choices, we store your preferences in your browser (for example, through local storage) for up to twelve (12) months, after which we may ask you to review or refresh your settings. When you make an explicit choice in our privacy banner or preference tools, we also record a consent receipt in our systems, a random receipt identifier that we mirror in your browser, the applicable policy version, the action you took and preferences selected, an indication of whether a user‑enabled opt‑out preference signal was present, and a truncated user‑agent string. We design these consent receipts to minimize identifying information (for example, we do not store IP addresses in the receipt itself) and use them to demonstrate compliance with privacy obligations, address disputes, and manage our advertising and analytics preferences workflow.
Sensitive Data
The Services are not designed to process sensitive data or other highly regulated categories of information unless expressly authorized in writing. Without limiting the foregoing, individuals and customer organizations should not upload, submit, or otherwise make available Social Security numbers, financial account numbers, payment card data subject to the Payment Card Industry Data Security Standard, protected health information, driver’s license numbers, passport numbers, visa numbers, biometric identifiers, biometric information, or other unrelated categories of highly regulated data that the Services were not designed to support. Any authorization to process a prohibited category of data must be expressly reflected in an applicable order form and written addendum that identifies the required controls.
Data Retention
MARS retains personal information for as long as reasonably necessary to fulfill the purposes described in this Policy, including to provide the website and Services, support customers, maintain security, comply with law, resolve disputes, and enforce applicable agreements. When a customer agreement expires or terminates, MARS will make relevant customer-submitted personal information available for export during the period stated in the applicable agreement or order form and, after that period, may delete personal information from active systems in accordance with MARS’s standard deletion schedule. MARS may retain personal information to the extent required by law, for legitimate backup and archival purposes, to comply with legal hold obligations, or as necessary to establish, exercise, or defend legal claims or enforce its rights, and any retained information will remain subject to applicable confidentiality and security obligations. Subject to these general principles, we ordinarily retain consent and preference receipts related to our website privacy choices for up to three (3) years from the date of the relevant event, unless a longer retention period is required by law, needed in connection with a dispute, or necessary to comply with legal hold obligations, after which we will delete or de-identify the receipts in accordance with our standard processes.
Security
MARS implements and maintains reasonable and appropriate technical and organizational measures designed to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access. MARS may update its security measures from time to time, provided that it will not materially diminish the overall security of the Services during the applicable subscription period or subscription term. Although MARS works to protect personal information, no website, application, hosted service, network, or storage environment can be guaranteed to be completely secure, uninterrupted, or error free.
If MARS becomes aware of a confirmed security incident involving personal information processed on behalf of a customer, MARS will notify the customer without undue delay and provide available information reasonably necessary for the customer to understand the nature of the incident and MARS’s remediation efforts. Unless applicable law expressly requires notice by MARS, the customer remains responsible for determining whether notice must be provided to any regulator, government authority, consumer, data subject, employee, contractor, or other person in connection with customer-submitted data.
International Transfers
MARS and its subprocessors may process personal information in the United States. To the extent processing involves a restricted transfer under applicable data protection laws, MARS and the relevant customer will cooperate in good faith to implement the Standard Contractual Clauses, the UK International Data Transfer Addendum, or another lawful transfer mechanism appropriate to the transfer. By using the website or Services or by submitting information to MARS, you acknowledge that personal information may be processed in jurisdictions that may have data protection laws different from those of your place of residence, subject to applicable contractual and legal safeguards where required.
U.S. State Privacy Rights
If you are a resident of a U.S. state that grants privacy rights and if MARS acts as a controller with respect to your personal information, you may have the right, subject to verification and applicable exceptions, to confirm whether MARS is processing your personal information, access your personal information, correct inaccuracies, delete your personal information, and obtain a copy of your personal information in a portable format. Depending on your state of residence and the nature of MARS’s processing activities, you may also have the right to opt out of the sale of personal information, targeted advertising, and certain profiling in furtherance of decisions that produce legal or similarly significant effects. Some of these rights may not apply in all circumstances, including where MARS must retain information to comply with law, maintain security, protect against fraudulent or illegal activity, debug or repair errors, exercise or defend legal claims, or fulfill another obligation or exception recognized by applicable law.
If you wish to exercise any privacy rights that may be available to you under applicable U.S. state law, you may submit a request using the contact details provided below. MARS may take reasonable steps to verify your identity and authority before acting on a request, including where a request is submitted by an authorized agent where permitted by law. If your request relates to personal information that MARS processes solely on behalf of a customer organization, MARS may direct you to that customer organization or work with that customer organization to address the request, because the customer organization controls that information and remains responsible for responding to data subject, consumer, employee, contractor, and similar requests except to the extent applicable law requires MARS’s assistance.
If MARS denies a privacy rights request, you may have the right to appeal that decision depending on the law that applies to your request. Appeal instructions will be provided in the response to the extent required by applicable law.
Changes to This Policy
MARS may update this Policy from time to time to reflect changes to the website, the Services, the governing customer agreements, our business practices, or applicable law. When MARS updates this Policy, MARS will post the updated version through the website or Services or otherwise make it available through appropriate channels.
Contact Us
If you have questions about this Policy or wish to submit a privacy request, please contact MARS using the information below.
Email: support@MARSperform.com