Privacy Policy

Effective Date: June 14, 2012

Introduction

Welcome! You have arrived at either a web site or application that is owned and operated by Appeering, Inc. ("Appeering" or "we," "our" or "us"). This "Privacy Policy" governs your use of our web sites and applications that post a link to this Privacy Policy (including, without limitation, both mobile and online versions of our web sites and applications), and also applies to your use of interactive features, widgets, content or downloads that: (i) we make available through a web site or application; or (ii) interact with a web site or application and posts this Privacy Policy (collectively, the “App/Sites”) regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. This Privacy Policy only covers information collected at the App/Sites directly by us, and not third parties that may interact with our App/Sites, and does not cover any information collected at any other web site, application or offline by Appeering (unless specifically stated).

By using our App/Sites, you consent to our Privacy Policy and our collection, use and sharing of your information and data, and other activities, as described below.

Table of Contents

It is important that you read and understand the entire Privacy Policy before using the App/Sites. However, this table of contents highlights key issues and points.

  1. What Information Do The App/Sites Collect?
    • Information You Provide To Us
    • Information We Collect As You Access And Use The App/Sites
    • Information Third Parties Provide About You
    • Interactions with Third Party Sites
    • Information You Provide About a Third Party
  2. How Do We Use The Information Collected?
  3. Use of Information By Us
  4. How and When Do We Disclose Information To Third Parties?
    • When You Agree To Receive Information From Third Parties
    • Third Parties Providing Services on Our Behalf
    • Administrative and Legal Reasons
    • Business Transfer
    • Sweepstakes, Contests And Promotions
  5. What About Information I Disclose Publicly?
    • User Generated Content and Public Information
    • Name and Likeness
  6. Does Third Party Content And Links To Third Party Sites Appear on the App/Sites?
  7. How Do I Change My Information And Communications Preferences?
  8. What About Consent To Transfer Information To The United States?
  9. What Should Parents Know About Children?
  10. What About Security?
  11. What About Changes To The Privacy Policy?

  1. What Information Do The App/Sites Collect?

    • Information You Provide To Us

      Personal Information and Demographic Information. On the App/Sites, we may ask you to provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address and physical address (“Personal Information”); and (2) demographic information, such as information about your gender (“Demographic Information”). We may collect this information through various forms and in various places on the App/Sites, including account registration forms, contact us forms, or when you otherwise interact with the App/Sites such as when you download and use the App/Sites. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

    • Information We Collect As You Access And Use The App/Sites

      In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use technologies that automatically (or passively) collect certain information whenever you visit or interact with the App/Sites (“Usage Information”). These technologies may be downloaded to your Device (defined below) and may set or modify settings on your Device. This Usage Information may include the browser that you are using, the URL that referred you to our App/Sites, the areas within our App/Sites that you visit and your activities there, your Device location, your Device characteristics and certain Device data, including, without limitation, the time of day, among other information. We may use Usage Information for a variety of purposes, including assessing, enhancing or otherwise improving the App/Sites or our activities in connection with them. In addition, we may collect your IP address or other unique identifier, or assign one to you (“Device Identifier”) for your computer or other device used to access the App/Sites (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access or interact with the App/Sites, and our computers identify your Device by its Device Identifier. We may access and use Device Identifiers that have already been associated with your Device, may modify such identifiers to create a new identifier or associate a wholly new identifier with you or your Device. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

      We may use various new and later developed technologies to collect Device Identifiers, Usage Information and Demographic Information about you (“Tracking Technologies”). A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):

      Cookies. A cookie is a data file placed on a Device when it is used to visit the App/Sites. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Cookies, Flash Cookies and HTML5 cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to and activities on the App/Sites. If you choose to disable cookies, Flash cookies, or HTML5 cookies on your Device, some features of the App/Sites may not function properly. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers. In some but not all instances, they can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies some parts of our App/Sites may not work and that when you revisit our App/Sites your ability to limit cookies is subject to your browser settings and limitations.

      Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our App/Sites’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the App/Sites, to monitor how users navigate the App/Sites, to count how many e-mails that were sent were actually opened or to count how many particular conversations or links were actually viewed.

      Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the App/Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the App/Sites, and is deactivated or deleted thereafter.

      ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and HTML5 cookies.

      There may be other Tracking Technologies now and hereafter devised used by us in connection with the App/Sites. Further, third parties may associate Tracking Technologies with our App/Sites. We may not control those Tracking Technologies and in such event, we are not responsible for them. This Privacy Policy does not aply to the practices of such third parties.

    • Information Third Parties Provide About You

      We may, from time to time, supplement the information we collect directly from you via the App/Sites with outside records from third parties for various purposes, including to enhance our research and product development capabilities and our ability to serve you, to tailor our topics or other content to you and to offer you opportunities that may be of interest to you. If we combine the information we receive from those sources with information we collect directly from you through the App/Sites, then to the extent such information collected is combined with Personal Information we have collected via the App/Sites, we will apply this Privacy Policy to such combined information.

    • Interactions with Third Party Sites

      The App/Sites may include functionality that allows certain kinds of interactions between the App/Sites and your account on a third party web site or application. The use of this functionality may involve the third party web site providing certain information, including Personal Information, to the App/Sites. For example, when you register with the App/Sites, you may choose to use your Twitter account provided by a third party site to facilitate the registration and log-in process on the App/Sites. If you choose to use this functionality, the third party site may send Personal Information about you to the Sites, which we will then treat as Personal Information under this Privacy Policy. Additionally, Appeering may provide third party sites’ API or links on the App/Sites to facilitate your sending a communication from the App/Sites and may use third parties to facilitate emails, Tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. You should review the third party’s terms of use and privacy policies before engaging in their use and we are not responsible for these parties’ practices. Please be aware that when you are logged into the App/Sites through a third party service (e.g., Twitter), information that you specifically share or post about yourself on or through the Sites/App will be available to all users of the Sites/App, regardless of your personal or privacy settings that may exist or be set in your profile/account of such third party service.

    • Information You Provide About a Third Party

      If you send someone else a communication from the App/Sites, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our App/Sites, your e-mail address and/or name may be included in the communication sent to your addressee(s).

  2. How Do We Use The Information Collected?

    Use of Information by Us. We may use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to provide you with information or services or process transactions that you have requested or agreed to receive or to view other content or to send you promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the App/Sites’ features that we offer from time to time; (3) to process your registration with the App/Sites, including verifying your information is active and valid; (4) to improve the App/Sites or our services, to customize your experience on the App/Sites, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the App/Sites and, in our discretion, changes to the App/Sites and/or App/Sites’ policies; (6) for internal business and product development purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

    Please note that information submitted to the App/Sites via a “contact us” or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.

  3. How and When Do We Disclose Information to Third Parties?

    We may share non-personally identifiable information, such as aggregated user statistics, with third parties. We may share your Device Identifier with third parties along with non-personally identifiable information. We do not share your Personal Information that we have collected from you pursuant to this Privacy Policy with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

    • When You Agree To Receive Information From Third Parties. You may be presented with an option to receive certain information and/or marketing offers directly from third parties. In such cases, if you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

    • Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of us or the App/Sites, such as hosting the App/Sites, designing and/or operating the App/Sites’ features, tracking the App/Sites’ activities and analytics, and enabling Appeering to send you special offers or performing other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. While we may use third party analytics service providers to evaluate and provide us with information about the use of the App/Sites and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you.

    • Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the App/Sites’ End User License Agreement or other policies applicable to the App/Sites, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the App/Sites or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

    • Business Transfer. We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App/Sites or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

    • Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the App/Sites that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

  4. What About Information I Disclose Publicly?

    • User Generated Content and Public Information. The App/Sites may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on blogs and message boards. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Our promises under this Privacy Policy do not apply to any information that you disclose publicly, share with others or otherwise upload onto the App/Sites. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive from third parties through the App/Sites.

    • Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.

  5. Do Third Party Content And Links To Third Party Sites Appear on the App/Sites?

    The App/Sites may contain content that is supplied by a third party, and those third parties may collect web site Usage Information and your Device Identifier when pages from the App/Sites are served to you. In addition, when you are on the App/Sites you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites. For example, if you “click” on a link, the “click” may take you off the App/Sites onto a different site. These other web sites may associate their Tracking Technologies with you, independently collect data about you including Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our App/Sites and to read the privacy statements of all third party sites and exercise caution in connection with those sites.

  6. How Do I Change My Information And Communications Preferences?

    You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The App/Sites may allow you to review, correct or update Personal Information you have provided through the App/Sites’ registration forms or otherwise. You may also review, correct, update or request the deletion of Personal Information you have provided by contacting us by e-mail: info@appeering.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Also, please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Apps/Sites, information that you remove may persist internally for Appeering’s administrative purposes. You may cancel or modify your communications that you have elected to receive from the App/Sites by following the instructions contained within an e-mail. If you have any questions about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) this Privacy Policy, you should contact us by e-mail: info@appeering.com. Please note that we reserve the right to send you certain communications relating to your account or use of the App/Sites, such as administrative and services announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving marketing communications.

  7. What About Consent To Transfer Information To The United States?

    The App/Sites are operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the App/Sites or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

  8. What Should Parents Know About Children?

    The App/Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us, please contact us at info@appeering.com.

  9. What About Security?

    We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our App/Sites and provide us with your information at your own risk.

  10. What About Changes To The Privacy Policy?

    We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, we will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.