Effective Date: June 15, 2012
Use of the Site/App (defined below) acknowledges your acceptance of our practices regarding location identification; data collection, storage, use and sharing; and advertising serving and targeting. Do not install our apps (or uninstall them), and do not use our sites, if you do not consent to our practices described below.
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In addition to any Personal Information or other information that you choose to submit to any of the inMarket Sites/Apps (i.e. the Site/App), we and our third-party service providers may use a variety of technologies that automatically or passively collect from or store certain information on your Device whenever you visit or interact with any of the inMarket Sites/Apps ("Usage Information"), which 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 you are using, the URL that referred you to our inMarket Sites/Apps, all of the areas within any of our inMarket Sites/Apps that you visit and your activities there, your Device location, your Device characteristics and certain Device data, and the time of day, among other information. We may also aggregate and maintain this information if you use a number of Site/Apps. We may use Usage Information for a variety of purposes, including to access, enhance or otherwise improve any of the inMarket Sites/Apps or our activities in connection with them. In addition, we may collect from and store your IP address or other unique identifier on your Device ("Device Identifier") for your mobile device; computer or other Device that is used to access any of the inMarket Sites/Apps (any, a "Device"). A Device Identifier is a number that is automatically assigned to your Device used to access the inMarket Sites/Apps, and allows us to identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. 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. 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 hereafter developed technologies to collect Device Identifiers, Usage Information and Demographic Information about you ("Tracking Technologies") which technologies may be downloaded to your Device and may set or modify settings on your Device. 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 any of the inMarket Sites/Apps. 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 our pages within any of the inMarket Sites/Apps. You may choose to disable cookies or Flash cookies on your Device and further information on this is set out below. If you make this choice, some features of some of the inMarket Sites/Apps may not function properly.
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 any of our inMarket Sites/Apps pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web 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 any of the inMarket Sites/Apps, to monitor how users navigate the site/app, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with any of the inMarket Sites/Apps, 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 any of the inMarket Sites/Apps, 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.
Additionally, the inMarket Sites/Apps use GPS software (or other location based services) to locate you so we may verify your location, deliver you relevant content based on your location, as well as allow you to share your location to other users as part of the services of the inMarket Sites/Apps. Upon use of the app, we provide location-based services to your approximate or exact location information. You should consider the pros and cons involved in disclosing your location information to other people. Where a user of the inMarket Sites/Apps requests that their location information be revealed to other persons, the user will be provided options for managing sharing services such as through Twitter and Facebook.
Further, we employ various tracking and fraud verification practices, which collect from or store information on your Device that may be associated with your account. For instance, we may keep records of the barcodes you scan.
You have the right to object to the use of information collection and storage technologies. Please note that we are not required to obtain your consent to the information collection technologies identified above that are necessary to operate our App/Site as intended, but by using the App/Site you consent to other uses described herein.
Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances 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 or other Tracking Technologies. For information on disabling Flash cookies go to Adobe's website www.adobe.com. Please be aware that if you disable or remove these technologies some parts of our App/Site may not work and that when you revisit our App/Site may your ability to limit tracking Technologies is subject to your browser settings and limitations.
If you send someone else a communication from any of the inMarket Sites/Apps, 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 by us 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 any of our inMarket Sites/Apps, your e-mail address, phone number or other content information may be included in the communication sent to your addressee(s).
Use of Information by inMarket for Interest-Based Advertising or Location-Based Services. InMarket may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements or content to you based on how you interact with our Site/App; (2) to understand the usefulness to you of the advertisements or content that have been delivered to you; and (3) to increase our Site/App profile, including allowing you to comment or at to the Site/App. Further, we may use your geo‑location information to display nearby businesses and offers, or to verify certain actions.
Please note that information submitted to any of the inMarket Sites/Apps 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.
If you post content in public facing areas of a Site/App it is shared publically. We may offer you content sharing tools, which allow you to share lists and other content with others ("Shared Content"). You elect who Shared Content is initially shared with, however, those people can modify and share it freely with others, and their recipients can continue to share it. Furthermore, once you designate a person to have access for particular Shared Content, you cannot later terminate their access. You can, however, create new Shared Content with a new initial access list.
(b) Third Parties Providing Services On Our Behalf. We may use third party vendors to perform certain services on behalf of us or any of the inMarket Sites/Apps, such as hosting the inMarket Sites/Apps, designing and/or operating any of the inMarket Sites/Apps' features, tracking inMarket Sites/Apps analytics, enabling you to participate in rewards programs, enabling inMarket to reach you via newsletters or advertising, or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for inMarket. While we may use third party analytics service providers to evaluate and provide us with information about the use of the 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.
(c) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through any of the inMarket Sites/Apps that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) 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, without limitation, 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.
(e) Business Transfer. inMarket may share your information and data, including, without limitation, Device Identifiers, Personal Information, Demographic Information and Usage Information with its subsidiaries and affiliates for internal reasons. inMarket also reserves the right to disclose and transfer all information related to any of the inMarket Sites/Apps, including, without limitation, Personal Information, Device Identifiers, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of any of the inMarket Sites/Apps or applicable databases; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of inMarket's membership interests and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
Any of the inMarket Sites/Apps may contain content that is supplied by a third party, and those third parties may collect from or store usage information and your Device Identifier on your Device when pages from any of the inMarket Sites/Apps are served to you. In addition, when you are on any of the inMarket Sites/Apps you may be directed to other locations (e.g., third party web site) that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party locations. For example, if you "click" on a banner advertisement, the "click" may take you off an inMarket Site/App onto a third party location. These other third party locations may send their own Tracking Technologies to you, independently collect from or store data on your Device or solicit Personal Information and may or may not have their own published privacy policies. inMarket encourages you to note when you leave any inMarket Site/App and to read the privacy statements of all third party locations before submitting any Personal Information to those locations and exercise caution in connection with those Sites.
9. What About Consent To Transfer Information To The United States?
The inMarket Sites/Apps are operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect, including Personal Information and Device Identifiers, 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 any inMarket Site/App or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
The inMarket Sites/Apps are for general audiences and we do not knowingly collect or store on any Device 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 legal@inMarket.com.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our inMarket Sites/Apps and provide us with your information at your own risk.
Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly. It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions, such as IRS tax reporting.