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Privacy Policy

Thank you for your interest in AudiencePoint, Inc. (“AudiencePoint,” “we” or “us”) and our digital channel send-time analysis and optimization services, digital channel campaign services and other related services (the “Services”) offered through www.audiencepoint.com (the “Website”). We provide this Privacy Policy to let you know what information we collect, how we use it, share it and protect it.

This Privacy Policy is incorporated into and made a part of our Terms of Use that are located at www.audiencepoint.com/terms-of-use. Please carefully review this Privacy Policy, our Terms of Use and any other terms or policies available on the Website.

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. As used in this Privacy Policy, “you, “your” and similar words mean the individual user of our Services and, where the context allows it, the Business the individual user is employed by or represents.

Personal Information

We collect personal and business information (“Personal Information”) when it is provided to us, including in connection with account set up, use of the Services, our receipt of data, information or feedback or when we receive communications. Personal Information is information that may be used to identify or locate a person, such as name, postal address, email address, phone number and other similar information, as well as other non-public information that is associated with Personal Information. We will not collect or store your credit card information (but our payment processors may do so).

Technical Information

When you use a website or application, there is certain technical information that is almost always created and automatically recorded. The following are some of the types of the technical information we collect:

Log Data and Links. In connection with visits to our Website or the use of our Services, our servers automatically record information (“Log Data”) created by such visit to or use of the Website or the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited and order of visit, and search terms used. We do this to help us improve the Services.

Cookies. We use “cookie” technology to collect additional application and website usage data and to improve the Services. A cookie is a small data file that is transferred to your 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. We use cookies to better understand how users interact with the Website and the Services, to monitor aggregate usage by our users and web traffic routing related to the Website and the Services, and to improve the Website and the Services. We do not correlate this information with Personal Information about individual users, nor do we sell or rent it to any third party other than third parties helping us to maintain, design or optimize the Website and the Services. Most browsers automatically accept cookies. Users can instruct their browsers, by editing their options, to stop accepting cookies or to prompt them before accepting a cookie from the websites that have been visited.

Device Information. In addition to Log Data, we may also collect information about the device used when accessing the Website or the Services, including what type of device it is, what operating system is being used, device settings, unique device identifiers, and crash data. Whether we collect 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 us, please also check the policies of the device manufacturer or software provider.

Third Party Services. We may use a variety of services offered by third parties to help maintain and improve the Website and the Services, to help us understand the use of the Website and the Services, or simply to provide the Services. These services may store both personally identifiable information about you which we collect and the information sent by your browser as part of a web page request, such as cookies or your IP address. If any third parties are given access to your personally identifiable information, we will require them to sign a confidentiality agreement and to limit the use of such personally identifiable information only to provide the services to us which we have requested.

Use of Contact Information

We may use your email address to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on the Website. If you email us with a request or question, we may keep your message, email address and contact information to respond to your request.

Information Use

We use Personal Information to administer user accounts, to provide and improve our Services, to send communications and administrative emails, to respond to inquiries, and to send marketing and product update messages to those who ask for such messages. We do not sell, rent, distribute or otherwise disseminate any of your Personal Information to third parties for any purpose.

We may share Personal Information and non-identifiable information collected via the Website and the Services with third parties as follows:

  • When it helps us operate our business.
  • With any of our subsidiaries, joint ventures, or other companies under common control with us, in which case we will require them to honor this Privacy Policy.

We may aggregate non-identifiable information with the non-identifiable information of others and share that aggregated information with third parties without restriction. For example, we may share Log Data in the form of aggregate click statistics, such as how many times a particular link was clicked on, without any personally identifiable information, with third parties.

Access

You have the right to access and modify your Personal Information at any time by visiting your account settings on the Website. While we would be sorry to see you go, you can request that your account be deleted at any time. Keep in mind, however, that even if you delete your account, it will not relieve you of your obligations under this Privacy Policy, each Statement of Work, our Terms of Use or any other terms or policies available on the Website. You also acknowledge that upon termination of your account that we may retain Personal Information and non-identifiable information, including without limitation, to conform with our data retention policy; provided, however, that we shall not be required to retain any Personal Information or non-identifiable information. Among other things, our data retention policy requires us to retain information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use and take other actions otherwise permitted by law. There may be residual Personal Information and non-identifiable information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information already disclosed to third parties who have been provided information as permitted by this Privacy Policy.

Information Security, Retention, and Data Integrity

We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. We restrict access to Personal Information and non-identifiable information to our employees, contractors 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, if they fail to meet these obligations. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that all Personal Information and non-identifiable information will remain secure under all circumstances.

Links to Other Sites

The Website and the Services may contain links to, and allow you to share content on, third party websites and services. The fact that we link to a website or service or allow you to share content on them is not an endorsement, authorization or representation that we are 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. We encourage you to read the privacy policies or statements of the other websites you visit.

International Users

The Website and the Services are primarily hosted in the United States but parts thereof may also be hosted on servers located in other countries. If you access the Website or the Services 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 through your continued use of the Website or the Services, you are transferring Personal Information to the United States or any other country and you consent to that transfer. Additionally, you understand that Personal Information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.

Policy Towards Children

You must be over the age of eighteen to use our Services. We do not knowingly permit children under 18 to use our Services. If you are under 18 and have provided us with Personal Information, we will take steps to remove such information and terminate you or your account.

Transfer of Information on Sale and for Legal Compliance

Notwithstanding anything to the contrary in this Privacy Policy: (a) upon a sale of AudiencePoint or all or substantially all of its assets, we reserves the right to transfer to the purchaser of AudiencePoint all data we have, including without limitation all Log Data and all Personal Information and non-identifiable information and (b) we will share your Personal Information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate (A) to enforce the Terms of Use, including any investigation of potential violations thereof, or (B) to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iii) such action is appropriate to protect the rights, property or safety of AudiencePoint, its employees and users of the Services. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, AudiencePoint is potentially liable.

Privacy Shield Enforcement and Dispute Resolution

AudiencePoint complies with the EU-US Privacy Shield Framework as set forth by the US 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 our certification page, please visit https://www.privacyshield.gov/.

In compliance with the EU-US Privacy Shield Principles, AudiencePoint commits to resolve complaints about your privacy and our collection or use of your 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 you do not receive timely acknowledgment of your complaint, or if your 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 your 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.

Miscellaneous

We reserve the right to modify this Privacy Policy from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Privacy Policy on our Website. We will provide no other notice to you. It is your responsibility to review this Privacy Policy from time to time to ensure that you continue to agree with this Privacy Policy. 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.

The terms of this Privacy Policy shall survive the termination of your account and any Statement of Work that we have entered into with you.

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. You may not assign any of your rights under this Privacy Policy to anyone else. We may assign our rights to any other individual or entity at our discretion.

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 August 22, 2016.

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