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Privacy Policy

AUDIENCEPOINT, INC.
PRIVACY POLICY
Thank you for your interest in AudiencePoint, Inc. (“AudiencePoint”) and its digital channel send-time analysis and optimization services, digital channel campaign services and other related individualized time optimized email services (the “Services”) offered through www.audiencepoint.com (the “Website”).
AudiencePoint provides this Privacy Policy (this “Privacy Policy”) to inform you of what information AudiencePoint collects, and how AudiencePoint uses, shares and protects information of Customers, Contacts and Visitors (as defined below). This Privacy Policy is incorporated into and made a part of the AudiencePoint Terms of Use that are located [https://audiencepoint.com/terms-of-use/] (the “Terms of Use”), and the Additional Terms incorporated into the AudiencePoint End-User License Agreement, as they may apply to you. Please carefully review this Privacy Policy, the Terms of Use and any other terms or policies made available on the Website.
This Privacy Policy will apply to any person or entity that is registered with AudiencePoint to use the Services and/ or each of their authorized individual users using the Services (“Customer”), a subscriber or a recipient of a Customer’s email campaign generated by and contacted through the Services (“Contact”), and any person that visits the Website (“Visitor”). If you are an individual acting on your own behalf, this Privacy Policy will apply to you. If you are acting as an employee or a representative of a business or other organization (a “Business”), this Privacy Policy will also apply to your employer or the Business you represent.
AudiencePoint recommends that you read this Privacy Policy in full to ensure you are fully informed about how AudiencePoint uses and collects Personal Information. “Personal Information” means any information that identifies or can be used to identify a Customer, Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
AudiencePoint understands that the Services and the Website interacts with individuals in several ways, and to help you understand how this Privacy Policy applies to Customers, Contacts, and Visitors, AudiencePoint has organized this Privacy Policy into sections applicable to you as you may interact with AudiencePoint, as well as sections applicable to everyone.
  1. Privacy of Customers.
    This section applies to the Personal Information AudiencePoint collects and processes from Customers when they engage with AudiencePoint through the Services, or potential Customers through a trial of the Services. Individuals or entities become a Customer by entering into a Statement of Work with AudiencePoint and by logging in to the Customer’s AudiencePoint user account on the Website (“User Account”) using an individualized user identification name (“User ID”) and personal user pass code (“Password”) (“Password together with “User ID” shall mean “Credentials”).
    If you are not a Customer, the Visitors or Contacts section of this Privacy Policy may be more applicable to you and your Personal Information.
    A. Information AudiencePoint Processes.
    The Personal Information of Customers that AudiencePoint may collect when Customers use the Services falls into the following categories:
    i. Information Customers Provide to AudiencePoint.
    When Customers use the Services, Customers may be asked to provide Personal Information about themselves or their Business and their Contacts. Customers provide Personal Information upon registering for the Services, consult with an AudiencePoint representative, send AudiencePoint an email, integrate the Services with another website or service (for example, when Customers choose to connect User Accounts with SalesForce Marketing Cloud or other Third-Party Application), or communicate with AudiencePoint in any other way.
    AudiencePoint will let Customers know prior to collection whether the provision of Personal Information AudiencePoint is collecting is necessary or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving AudiencePoint Personal Information, Customers agree to Personal Information being collected, used and disclosed as described in this Privacy Policy.
    The Personal Information Customers provide to AudiencePoint, may include, but is not limited to the following information:
    1) Registration Information. Customers will use the Services through their User Account. When Customers register for a User Account, Customers will be asked to provide certain Personal Information, [such as name, email address, username, password, company name, occupation, location, and phone number].
    2) Billing Information. If Customers subscribe to the Services, Customers may also need to provide AudiencePoint with payment and billing information, such as credit card details and billing address. AudiencePoint will also maintain a record of billing transactions and purchases, and any communications and responses. For more information regarding how Customers will be billed for the Services please refer to the Statement of Work Customers enter into with AudiencePoint when registering for the Services and the Terms of Use.
    3) Information AudiencePoint Processes for Customers. To use the Services, Customers will need to upload or manage an address book consisting of the email addresses and/or other associated information of Customer Contacts (the “Address Book”) and create a list of Contacts (“Campaign”). The Address Brooks will provide AudiencePoint information about Contacts, such as their names and email addresses. AudiencePoint uses and processes this information to provide the Services in accordance with the Statement of Work and with Customer instructions through User Accounts.
    ii. Information Automatically Collected.
    When Customers use the Services, AudiencePoint may automatically collect certain information about Customer’s devices and use of the Services. AudiencePoint uses cookies and other tracking technologies to collect some of this information.
    This information may include:
    1) Device Information. AudiencePoint may collect information about the device Customers use when accessing the Website or the Services, including, but not limited to Customers internet protocol address (“IP Address”), device attributes (for example: type, operating system, web browser version, crash data, and other unique device settings and identifiers), connection information (for example: name of mobile operator or Internet Service Provider (“ISP”), browser type, language, time zone, and mobile phone number), and device location (for example: IP Address and Wi-Fi information). Whether AudiencePoint collects some or all of this information often depends on what type of device is being used and its settings. To learn more about what information a device makes available to AudiencePoint, please also check the policies of the device manufacturer or software provider.
    2) Log Data. In connection with Customer use of the Services, AudiencePoint servers automatically record data and information each time a device accesses those servers and log data containing information about the nature of each access, including originating IP Addresses, browser type, the referring domain, pages visited and order of visit, and search terms used (“Log Data”). AudiencePoint may also access metadata and other information associated with files that Customers upload into the Services, such as images. AudiencePoint does this to help improve the Services.
    3) Customer Use of the Services. AudiencePoint collects usage data whenever Customers interact with the Services, which may include the dates and times Customers access the Services and browsing activities (such as what portions of the Services are used). AudiencePoint also collects information regarding the performance of the Services, including metrics related to the deliverability, opens, clicks and conversion of emails and other communications Customers send through the Services. This information allows AudiencePoint to improve the optimization of the Services, and facilitate research and analysis of the Services.
    iii. Information AudiencePoint Collects from Third-Party Applications.
    From time to time, AudiencePoint may obtain information about Customers or their Contacts from third-party software, products, tools or applications used in connection with the Services that are not owned or operated by AudiencePoint and may be operated outside the Services and may not be operated through AudiencePoint servers (“Third-Party Applications”) or third-party sources, such as public databases, social media platforms, third-party data providers and joint marketing partners (“Third-Party Sources”). AudiencePoint may also use a variety of services offered by third-parties to help maintain and improve the Website and the Services, to help AudiencePoint understand the use of the Website and the Services, or simply to provide the Services. These services may store both Personal Information about Customers which AudiencePoint collects and the information sent by browsers as part of a web page request, such as Cookies or IP Address. If any third-parties are given access to Personal Information AudiencePoint will require them to sign a confidentiality agreement and to limit the use of such Personal Information only to provide the services to AudiencePoint has requested. AudiencePoint takes steps to ensure that such third-parties are legally or contractually permitted to disclose such information to AudiencePoint.
    B. Use of Personal Information.
    AudiencePoint may use the Personal Information collected through the Services or other sources for several reasons, including:
    i. To Provide the Services. AudiencePoint processes Personal Information to provide the Services as follows: 1) to identify Customers, including both for identification and authentication purposes; 2) to enable Customers to login and access User Accounts; 3) to respond to inquiries; 4) to provide Customer support; 5) to send information as part of the Services; 6) to provide Customers with information about User Accounts, including renewals and changes in the Services or User Account status; and 7) to create new services, features, content or make recommendations and to improve, fix bugs and troubleshoot functionality of the Services for Customers. This may also include sharing Customer or Customer’s Contacts information with third-parties to provide and support the Services or to make certain features of the Services available. When AudiencePoint shares Personal Information with third-parties, AudiencePoint takes steps to protect Customer information by requiring these third-parties to enter into a contract with AudiencePoint that requires them to use the Personal Information AudiencePoint transfers to them in a manner that is consistent with this Privacy Policy and applicable privacy laws.
    ii. To Customize the Services. To help AudiencePoint deliver personalized experience to Customers by adding features to Customers’ Campaigns, AudiencePoint uses analytical data generated by the Services to suggest and tailor Contacts optimal send-time to increase deliverability, opens, clicks and conversions.
    iii. Software Analytics. AudiencePoint may infer Customers geographic location based on IP Addresses, track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with the Services, and conduct internal business analysis based on meta-data about usage, feature adoption and forecasting. AudiencePoint may monitor, analyze, and compile statistical and performance information based on and/or related to Customer’s use of the Services, and AudiencePoint may collect and retain certain time data and other analytical data and information related to the email addresses included on or in the Address Book(s) in an aggregated and anonymized format (“Statistical Data”). AudiencePoint uses Statistical Data and data from User Accounts, including Personal Information of Contacts, to provide and improve the Services and uses other Personal Information, so AudiencePoint can make more informed predictions, decisions, and individualization for Customers. AudiencePoint will act as a data controller to process data through the Services in reliance on legitimate business interests of delivering, improving, and enhancing the Services. AudiencePoint takes the privacy of Personal Information seriously, and will continue to implement appropriate safeguards to protect this Personal Information from misuse or unauthorized disclosure.
    iv. Communicate to Customers. AudiencePoint may combine Personal Information with other information AudiencePoint collects or obtains about Customers (such as information from Third-Party Applications and Third-Party Sources) to serve Customers specifically in accordance with this Privacy Policy.
    v. Other Purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which AudiencePoint will notify Customer.
    C. Cookies and Tracking Technologies.
    AudiencePoint uses various technologies to collect and store information when Customers use the Services, and this may include using Cookies and similar tracking technologies, such as pixels and web beacons. AudiencePoint uses Cookies to better understand how users interact with the Website and the Services, to monitor aggregate usage by AudiencePoint users and web traffic routing related to the Website and the Services, and to improve the Website and the Services. A “Cookie” is a small data file that is transferred to a computer or device. A Cookie file can contain information such as a unique ID that can be used to track the pages that have been visited. Cookies also allow AudiencePoint to collect information such as the Contact’s IP Address, browser, email client type and other similar details. AudiencePoint does not correlate this information with Personal Information about Customers, nor does AudiencePoint sell or rent it to any third-party other than Third-Party Applications contracted to help AudiencePoint to maintain, design or optimize the Website and the Services. AudiencePoint uses this information to measure the performance of Campaigns, and to provide Statistical Data and enhance the effectiveness of the Services.
    Customers can instruct their browsers, by editing their options, to stop accepting Cookies or to prompt them before accepting a Cookie from the website that have been visited.
    D. Data Retention.
    AudiencePoint retains Personal Information it collects from Customers where AudiencePoint has an ongoing legitimate business need to do so (for example, to provide Customers with the Services or to comply with applicable legal, tax or accounting requirements).
    When AudiencePoint has no ongoing legitimate business need to process Customer Personal Information, AudiencePoint will either delete or anonymize Customer Personal Information. If this is not possible (for example, because Personal Information has been stored in backup archives), then AudiencePoint will securely store Customer Personal Information and isolate it from any further processing until deletion is possible.
    AudiencePoint will retain information it processes on behalf of Customers as a data processor for as long as needed to provide Services to Customers (unless deletion is requested at an earlier time by the Customer) and as necessary to comply with legal obligations, resolve disputes and enforce AudiencePoint agreements.
    E. Other Data Protection Rights (European Economic Area (“EEA”) Residents).
    Customers may have the following data protection rights:
    i. To access, correct, update or request deletion of Personal Information. AudiencePoint takes reasonable steps to ensure that the data AudiencePoint collects is reliable for its intended use, accurate, complete and up to date. Customers may manage many individual account and profile settings within the dashboard provided through the User Account, or by contacting AudiencePoint directly at privacy@audiencepoint.com.
    ii. In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. Customers can exercise these rights by contacting AudiencePoint using the contact details provided in the “Contacts Us” section below. If any Contacts wishes to exercise any of these rights, they should contact Customers directly, or contact AudiencePoint as described in the “Privacy for Contacts” section below.
    iii. Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing consent will not affect the lawfulness of any processing AudiencePoint conducted prior to withdrawal, nor will it affect processing of Customer Personal Information conducted in reliance on lawful processing grounds other than consent.
    iv. The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact the local data protection authority.
  2. 2. Privacy for Contacts.
    This section applies to Personal Information AudiencePoint collects and processes about Customer’s Contacts as a data controller when providing the Services to Customers. The Services are intended for use by Customers. As a result, for much of the Personal Information AudiencePoint collects and processes about Contacts through the Services, AudiencePoint acts as a data processor on behalf of Customers. AudiencePoint is not responsible for the privacy or security practices of its Customers, which may differ from those set forth in this Privacy Policy. Please check with individual Customer for which you are a contact about their privacy policies.
    A. Information AudiencePoint Collects.
    The Personal Information of Contacts that AudiencePoint may collect when Customers use the Services falls into the following categories:
    i. Information AudiencePoint Receives from Customers. Customers may provide Personal Information about Contacts to AudiencePoint through the Services in connection with their use of the Services. For example, when a Customer imports an Address Book and other Personal Information about their Contacts. Contacts may have the opportunity to update some of this information by electing to update or manage preferences via an email received from a Customer.
    ii. Information AudiencePoint Collects. Contacts may interact with the Services by receiving or opening an email sent by a Customer through the Services. When Contacts interact with the Services, AudiencePoint may collect certain information about a Contacts device and interaction with any content provided to a Contact through the Services. AudiencePoint may use Cookies and other tracking technologies to collect some of this information. The information AudiencePoint automatically collects through the Services may include:

    1) Device information. AudiencePoint collects information about the device and applications Contacts use to access emails sent through the Services, such as IP Addresses, operating system, browser ID, and other information about system service and connection.
    2) Usage data. AudiencePoint collects usage data whenever Contacts interact with emails sent through the Services, which may include the dates and times emails are accessed and browsing activities. AudiencePoint also collects information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications Customers send through the Services. This information allows AudiencePoint to improve optimization of the Services.
    iii. Information AudiencePoint Collects from Third-Party Applications. From time to time, AudiencePoint may obtain information about Contacts from Third-Party Applications or Third-Party Sources, such as social media platforms and third-party data providers. AudiencePoint takes steps to ensure that such third-parties are legally or contractually permitted to disclose such information to AudiencePoint.
    B. Use of Information.
    AudiencePoint may use the Personal Information collected or received about Contacts for legitimate business interests, including:
    i. Support Queries. To respond to inquiries which Contacts may submit to AudiencePoint. In which case, AudiencePoint may use Contacts email addresses to communicate with if Contacts have contacted AudiencePoint about an email received, but AudiencePoint will not send marketing to Contacts unless Contacts have otherwise opted-in to marketing.
    ii. Support and Functionality of the Services. To ensure the full functionality of the Service, AudiencePoint collects information using Cookies about Contact interaction with an email sent from Customers through the Services. These Cookies are used to ensure that the full functionality of the Services is operational across all devices, and to fix bugs and troubleshoot functionality.
    iii. Software Analytics. The Services tracks behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with the Services. AudiencePoint uses information, like inferring geographic location. This Statistical Data will be aggregated and anonymized so AudiencePoint can examine patterns in terms of Contacts’ preferences as they relate to email engagement. AudiencePoint collects and uses all this data for AudiencePoint’s (and its Customer’s) legitimate interests, like providing Customers with metrics around probability of engagement related to email and other communication.
    iv. Protection and Security. AudiencePoint may screen for and prevent undesirable, abusive, and/or illegal activity and may review content to ensure compliance with the Terms of Use, this Privacy Policy and other contractual and legal obligations.
    v. Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.
    C. Cookies and Tracking Technologies.
    AudiencePoint uses various technologies to collect and store information when Contacts interact with a Customer using the Services, and this may include using Cookies and similar tracking technologies, such as pixels and web beacons. AudiencePoint uses Cookies to better understand how Contacts interact the Services, to monitor aggregate usage by users and web traffic routing related to the Website and the Services, and to improve the Website and the Services. AudiencePoint does not correlate this information with Personal Information, nor does AudiencePoint sell or rent it to any third-party other than Third-Party Applications contacted to help AudiencePoint to maintain, design or optimize the Website and the Services. AudiencePoint uses this information to measure the performance of Campaigns, and to provide Statistical Data and enhance the effectiveness of the Services.
    Contacts can instruct their browsers, by editing their options, to stop accepting cookies or to prompt them before accepting a Cookie from the website that have been visited
    D. Data Retention and Legal Basis.
    AudiencePoint retains Personal Information its collects so long as AudiencePoint has a legitimate business interest to do so. Legitimate business interests typically include: improving, maintaining, providing, and enhancing the Services; and ensuring the security of the Services and the Website. When AudiencePoint has no ongoing legitimate business need to process Contacts Personal Information, AudiencePoint will either delete or anonymize Contacts Personal Information. If this is not possible (for example, because Contacts Personal Information has been stored in backup archives), then AudiencePoint will securely store Contacts Personal Information and isolate it from any further processing until deletion is possible. AudiencePoint will retain information it processes on behalf of Customers, as a data processor, for as long as needed to provide the Services to Customers Contacts (unless deletion is requested at an earlier time by the Customer or Contact) and as necessary to comply with legal obligations, resolve disputes and enforce AudiencePoint agreements.
    E. Data Protection Rights (EEA Residents).
    Contact may have the following data protection rights:
    i. To access, correct, update or request deletion of Personal Information. AudiencePoint takes reasonable steps to ensure that the data collected is reliable for its intended use, accurate, complete and up to date. Contacts may contact AudiencePoint directly at any time about accessing, correcting, updating or deleting Personal Information, or altering data, by emailing AudiencePoint at privacy@audiencepoint.com. AudiencePoint will consider Contacts request in accordance with applicable laws.
    ii. In addition, individuals who are residents of the EEA may object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. Contacts can exercise these rights by contacting AudiencePoint about these rights at privacy@audiencepoint.com.
    iii. Contacts have the right to complain to a data protection authority about the collection and use of Contacts Personal Information. For more information, please contact the local data protection authority. Details for data protection authorities in the EEA are available [here].
    AudiencePoint acts as a data processor on behalf of its Customers when AudiencePoint collects and process Contact Personal Information through the Services. In such cases, Contacts wishing to exercise any data protection rights or having questions concerning how Personal Information is handled by AudiencePoint as a data processor for its Customers, should contact the relevant Customer that is using the Services, and refer to the Customer’s privacy policies.
    If Contacts no longer want to be contacted by one of Customer’s through the Services, please unsubscribe directly from that Customer or contact the Customer directly to update or delete Contact data. By contacting AudiencePoint directly, AudiencePoint may remove or update Contact information within a reasonable time and after providing notice to the Customer of Contacts request.
    AudiencePoint responds to all requests it receives from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. AudiencePoint may ask Contacts to verify their identity in order to help AudiencePoint respond efficiently requests
  3. Privacy for Visitors.
    This section applies to Personal Information that AudiencePoint collects and process through the Website and in the usual course of business, such as in connection with AudiencePoint recruitment, events, sales and marketing activities.
    A. Information AudiencePoint Collects.
    i. Information Visitors Provide: Certain parts of the Website may ask Visitors to provide Personal Information voluntarily. For example, when registering for a User Account, expressing an interest in obtaining additional information about AudiencePoint or the Services, subscribing to marketing, or otherwise contacting AudiencePoint. AudiencePoint may also collect Personal Information, such as Visitor contact and professional details and feedback, when Visitors attend AudiencePoint events, take part in surveys, or through other business or marketing interactions AudiencePoint may have with Visitors. Visitors may choose to provide additional information when Visitors communicate with AudiencePoint or otherwise interact with AudiencePoint, and AudiencePoint may keep copies of any such communications for its records.
    ii. Information AudiencePoint Collects. When Visitors visit the Website, AudiencePoint may also collect certain information automatically from Visitors devices. For example, the information AudiencePoint may collect automatically may include IP Addresses, operating system, browser ID, browsing activity, and other information about system services and connection and how Visitors interact with the Website and other websites. AudiencePoint may collect this information as Log Data as well as through the use of Cookies or other tracking technologies.
    B. Use of Information.
    AudiencePoint may use the information collected through the Website for several purposes:
    • To provide, operate, optimize, and maintain the Website;
    • To send information for marketing purposes, in accordance with individual marketing preferences;
    • To respond to online inquiries and requests;
    • To manage the Website and system administration and security;
    • To improve the navigation and content of the Website;
    • To identify any server problems or other technology or network issues;
    • To process transactions and to set up online accounts;
    • To compile aggregated statistics about site usage and to better understand the preferences of Visitors;
    • To carry out research and development to improve the Services;
    • To customize content and layout of the Website; and
    • To carry out other legitimate business purposes, as well as other lawful purposes.
    C. Other Information and Third-Party-Applications.
    i. Social Media and Widgets. The Website includes social media features, such as AudiencePoint’s Twitter link. These features may collect information about IP Addresses and which page Visitors are visiting on the Website, and they may set a Cookie to make sure the feature functions properly. Social media features and widgets may either hosted by a Third-Party Application or hosted directly on the Website. AudiencePoint also maintain presences on other social media platforms, including LinkedIN, Facebook and Twitter. Any information, communications, or materials Visitors submit to AudiencePoint via a social media platform is done at Visitors own risk without any expectation of privacy. AudiencePoint cannot control the actions of other users of these platforms or the actions of the platforms themselves. Visitor interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
    ii. Links to Third-Party Websites. The Website and the Services may contain links to, and allow Visitors to share content on, third-party websites and services. The fact that AudiencePoint links to a website or service or allow Visitors to share content on them is not an endorsement, authorization or representation that AudiencePoint is affiliated with that third-party, nor is it an endorsement of their privacy or information security policies or practices. This Privacy Policy applies only as provided in the scope section above. Other websites and services follow different rules regarding the use or disclosure of the Personal Information. AudiencePoint encourages Visitors to read the privacy policies or statements of the other websites Visitors visit.
    iii. Contests and Promotions. AudiencePoint may, from time to time, offer surveys, contests, sweepstakes, or other promotions on the Website or through social media (collectively, “Promotions”). Participation in AudiencePoint Promotions is completely voluntary. Information requested for entry may include Personal Information such as name, address, date of birth, phone number, email address, username, and similar details. AudiencePoint uses the information Visitors provide to administer its Promotions. AudiencePoint may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with Visitors, or other people Visitors select, about the Services. AudiencePoint may share this information with its affiliates and other organizations or service providers in line with this Privacy Policy and the rules posted for its Promotions.
    D. Data Retention.
    AudiencePoint retains Personal Information it collects from Visitors where AudiencePoint has an ongoing legitimate business need to do so (for example, to provide Visitors with information Visitors have requested or to comply with applicable legal requirements). When AudiencePoint has no ongoing legitimate business need to process Visitor Personal Information, AudiencePoint will either delete or anonymize it or, if this is not possible (for example, because Visitor Personal Information has been stored in backup archives), then AudiencePoint will securely store Visitor Personal Information and isolate it from any further processing until deletion is possible.
    E. Cookies and Tracking Technologies.
    AudiencePoint uses Cookies and similar tracking technology on the Website to collect and use Personal Information about Visitors: [(i) to ensure AudiencePoint is complying with its legal obligations (for example, AudiencePoint uses Cookies to infer location and if, for example, Visitors are in the EEA, AudiencePoint can ensure that it’s compliant with regulations in the EEA); (ii) to serve targeted advertising to Visitors, (iii) to analyze trends, administer the Website, track users’ movements around the Website, and (iv) to gather demographic information about Customers as a whole.
    F. Data Protection Rights (EEA Residents).
    Visitors of the EEA may have the following data protection rights:
    i. To access, correct, update, or request deletion of Visitor Personal Information. AudiencePoint takes reasonable steps to ensure that the data AudiencePoint collects is reliable for its intended use, accurate, complete, and up to date. Visitors may contact AudiencePoint directly at any time about accessing, correcting, updating, or deleting Personal Information, or altering data or marketing preferences by emailing AudiencePoint at privacy@audiencepoint.com. AudiencePoint will consider requests in accordance with applicable laws.
    ii. Visitors may object to processing of their Personal Information, ask AudiencePoint to restrict processing of their Personal Information or request portability of their Personal Information. Visitors can exercise these rights by emailing AudiencePoint at privacy@audiencepoint.com.
    iii. If AudiencePoint has collected and processed Visitor Personal Information with the Visitor’s consent, then Visitors may withdraw their consent at any time. Withdrawing consent will not affect the lawfulness of any processing AudiencePoint conducted prior to withdrawal, nor will it affect processing of Personal Information conducted in reliance on lawful processing grounds other than consent.
    iv. Visitors have the right to complain to a data protection authority about AudiencePoint’s collection and use of their Personal Information. For more information, please contact the local data protection authority.
    AudiencePoint responds to all requests from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. AudiencePoint may ask Visitors to verify their identity in order to help AudiencePoint respond efficiently to requests.
  4. General Information.

    A. How AudiencePoint Shares Information.
    AudiencePoint may share and disclose Personal Information to the following types of third-parties for the purposes described in this Privacy Policy.
    i. Third-Parties. AudiencePoint may share Personal Information with contractors, Third-Party Applications and/ or Third-Party Sources, to whom the sharing of Personal Information is necessary to undertake and provide the Services and other business-related functions (for example: analyzing data, hosting data, engaging technical support for the Services, processing payments, and delivering content). These third-parties enter into a contract with AudiencePoint that requires them to use Personal Information only for the provision of services to AudiencePoint and in a manner that is consistent with this Privacy Policy. In connection with the Services, AudiencePoint uses a third-party service provider, [________]. With respect to Customers,[____] may need to collect and process certain Personal Information about Customers as a controller to provide such services. To learn more about [NAME] privacy practices, please visit [WEBSITE].
    ii. Advertising Partners. AudiencePoint may partner with third-party advertising networks and exchanges to display advertising on the Website or to manage and serve AudiencePoint’s advertising on other sites and may share Personal Information of Customers and Visitors with them for this purpose. AudiencePoint does not sell or market to any of Customers’ Contacts. AudiencePoint uses Cookies and other tracking technologies, such as pixels and web beacons, to gather information about activities on the Website and other sites in order to provide Customers and Visitors with targeted advertising based on browsing activities and interests.
    iii. Legal Authority. As required by law to any competent law enforcement body, regulatory body, government agency, court or other third-party where AudiencePoint believes disclosure is necessary: 1) as a matter of applicable law or regulation; 2) to exercise, establish, or defend AudiencePoint’s legal rights; or 3) to protect vital interests or those of any other person.
    iv. Enforcement. To enforce AudiencePoint’s rights arising from any contract entered into between AudiencePoint and Customers and Visitors, and for billing and collection from Customers.
    v. Transfers of Ownership. A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to AudiencePoint’s obligations under this Privacy Policy, including rights to access and choice. AudiencePoint will notify Customers and Visitors of the change either by sending an email or posting a notice on the Website.
    vi. Other. Any other person with consent.
    B. Information Security, Retention, and Data Integrity.
    AudiencePoint takes appropriate and reasonable security measures to protect Personal Information against unauthorized access, alteration, disclosure, destruction, loss, and misuse. These include, but may not be limited to firewalls and encryption, internal reviews of AudiencePoint’s data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. AudiencePoint restricts access to Personal Information and non-identifiable information to AudiencePoint’s employees, contractors and agents who need to know that information to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. However, AudiencePoint is unable to guarantee that the security measures AudiencePoint takes will not be compromised or that all Personal Information and non-identifiable information will remain secure under all circumstances.
    C. International Users.
    AudiencePoint servers, the Website, and the Services are hosted and offices located in the United States, so information may be transferred to, stored, or processed in the United States. If the Website or the Services is accessed from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that by visiting the Website or using the Services, Personal Information may be transferred, stored, and processed by AudiencePoint and by those third-parties with whom AudiencePoint may share Personal Information, in the United States or other countries. Customers, Visitors, and Contacts understand that these countries (including the United States) may have data protections laws that are different than the laws. However, AudiencePoint has taken appropriate measures to require that Personal Information will remain protected in accordance with this Notice and have implemented appropriate safeguards to require that Personal Information will remain protected in accordance with this Privacy Policy.
    D. Privacy Shield Enforcement and Dispute Resolution
    AudiencePoint complies with the EU-US Privacy Shield Framework as set forth by the United States Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries. AudiencePoint has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view AudiencePoint’s certification page, please visit https://www.privacyshield.gov/.
    In compliance with the EU-US Privacy Shield Principles, AudiencePoint commits to resolving complaints about privacy and AudiencePoint’s collection or use of Personal Information. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact AudiencePoint at:
    info@audiencepoint.com or 820 Broad Street, Suite 201, Chattanooga, TN 37402 AudiencePoint has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If a timely acknowledgment of a complaint is not received, or if a complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if a complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
    AudiencePoint is subject to the investigatory and enforcement powers of the Federal Trade Commission.
    E. Retention of Data.
    AudiencePoint retains Personal Information where AudiencePoint has an ongoing legitimate business or legal need to do so. AudiencePoint’s retention periods will vary depending on the type of data involved, but, generally, AudiencePoint will refer to these criteria in order to determine retention period: (i) Whether AudiencePoint has a legal or contractual need to retain the data; (ii) Whether the data is necessary to provide the Services; (iii) Whether Customers have the ability to access and delete the data within their User Accounts; and (iv) Whether Customers would reasonably expect that AudiencePoint would retain the data until they remove it or until their User Accounts are closed or terminated.
    When AudiencePoint has no ongoing legitimate business need to process Personal Information, AudiencePoint will either delete or anonymize it or, if this is not possible (for example, because Personal Information has been stored in backup archives), then AudiencePoint will securely store Personal Information and isolate it from any further processing until deletion is possible.
    F. California Privacy.
    Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the Customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact AudiencePoint through the contact form on the Website or email AudiencePoint at privacy@audiencepoint.com.
    G. Children.
    The Services are not intended for and may not be used by minors. A “Minor” is any individual under the age of eighteen (18). Customers must be over the age of eighteen (18) to use the Services. AudiencePoint does not knowingly permit Minors to use the Services and AudiencePoint does not knowingly collect Personal Information from Minors or allow them to register for a User Account. If it comes to AudiencePoint’s attention that AudiencePoint has collected personal data from a Minor, AudiencePoint may delete this information without notice. If a parent or legal guardian and believes a Minor child has provided AudiencePoint with Personal Information without consent, please contact AudiencePoint as described in the “Contacting Us” Section and AudiencePoint will take steps to remove such information and/ or terminate the User Account.
    Customers are responsible for ensuring that their emails and data collection practices comply fully with applicable children’s data privacy protection legislation, such as the United States’ Children’s Online Privacy Protection Act (“COPPA”), including where relevant by obtaining parental consent prior to the collection of Personal Information. AudiencePoint relies upon its Customers to disclose whether or not their use is subject to COPPA.
    H. Changes to This Privacy Policy.
    AudiencePoint reserves the right to modify this Privacy Policy from time to time at AudiencePoint’s sole discretion. Any such modification will be effective immediately upon AudiencePoint’s posting of the revised Privacy Policy on the Website. The most recent version of this Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All updates and amendments are effective immediately upon notice, which AudiencePoint may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. It is the Customers, Visitors and Contacts responsibility to review this Privacy Policy from time to time to ensure continued to agreement with this Privacy Policy and understand how changes may affect the use of the Services and Website. All new or modified features related to the Website or the Services, including the release of new features, tools and resources, will be subject to this Privacy Policy.
    I. Contacts Us.
    Please contact AudiencePoint with any questions or comments, or any concern about the way in which AudiencePoint has handled any privacy matter, or if have any other need to contact AudiencePoint. AudiencePoint may be contacted at info@audiencepoint.com.
  5. Micellaneous

    A. Survival.
    The terms of this Privacy Policy shall survive the termination of a Customer’s User Account and any Statement of Work that AudiencePoint has entered into with a Customer.
    B. Severability.
    If any portion of this Privacy Policy is determined to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other portion of this Privacy Policy. Any rights under this Privacy Policy are not assignable to anyone else, except that AudiencePoint may assign its rights to any other individual or entity at AudiencePoint’s discretion.
    C. Governing Law; Jurisdiction
    This Privacy Policy shall be construed and enforceable (both as to validity and performance), and shall be interpreted and the rights and obligations of the parties shall be determined, in accordance with the laws, regulations and other provisions of the State of Tennessee (other than conflicts of law rules which might result in the application of the laws of any other jurisdiction).
This Privacy Policy was last revised on January 23, 2020.

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