Privacy Policy
INMARKET MEDIA LLC PRIVACY POLICY
Effective Date: June 15, 2012
INTRODUCTION
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.
This privacy policy ("Privacy Policy") applies to the inMarket Media LLC's web sites and mobile applications on which it is posted, including without limitation http://www.inMarket.com, http://www.CheckPoints.com, http://www.ShoppingListApp.com, www.extra2.com, the CheckPoints and List Ease applications for the Apple iOS, Android Operating System, other inMarket mobile device applications that link to or include this Privacy Policy (collectively, the "inMarket Sites/Apps", and each "Site/App" (however accessed and/or used, whether via personal computers, mobile devices or otherwise "Device"). The inMarket Sites/Apps are owned and controlled by inMarket Media LLC ("inMarket," "we," "our," or "us"). This Privacy Policy also applies to interactive features or downloads that are owned or operated by inMarket, are available through the inMarket Sites/Apps, or that interact with the inMarket Sites/Apps and post this Privacy Policy. This Privacy Policy covers our information collection and storage techniques relating to the inMarket Sites/Apps and does not cover any information collected from or stored on your Device or from you through your use of any other web site, application or offline by inMarket (unless specifically stated). This Privacy Policy explains inMarket's information collection and storage practices at any of the inMarket Sites/Apps, such as the types of information inMarket collects or stores regarding visitors to the Site/App and how we may use or disclose such information. This Privacy Policy also provides you with information on the third party collection or storage of information through your use of our Site/App. Please review this Privacy Policy carefully. In addition, please review this Site/App's New Terms of Use, which governs your use of the Site/App and describes its applicable programs.
Table of Contents
1. What Information Do the inMarket Sites/Apps Collect or Store?
(a) Information You Provide To Us
Personal Information and Demographic Information. On inMarket Sites/Apps, 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 gender, zip code or similar information ("Demographic Information"). We may collect this information through various forms and in various places on any of the inMarket Sites/Apps, including account registration forms, prize fulfillment, newsletter registration, or when you submit information, communicate or otherwise interact with us. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.
(b) Information We Collect or Store As You Access And Use Any of the inMarket Sites/Apps
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.
There may be other Tracking Technologies now and hereafter devised used by us in connection with the Sites. Further, third parties may associate Tracking Technologies with our Site. We may not control those Tracking Technologies and in such event, we are not responsible for them. This Privacy Policy does not apply to the practices of such third parties.
(c) Information Third Parties Provide About You
We may, from time to time, supplement the information we collect from you pursuant to this Privacy Policy with outside records obtained from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through any of the inMarket Sites/Apps. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.
(d) Information You Provide About A Third Party
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).
2. How Do We Use The Information Collected?
Use of Information by inMarket. inMarket 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, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the inMarket Sites/Apps' features such as our rewards program or shopping‑cart functionality; (3) to process your registration with any of the inMarket Sites/Apps, including verifying your information is active and valid; (4) to improve the inMarket Sites/Apps or our services, to customize your experience on any of the inMarket Sites/Apps, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of any of the inMarket Sites/Apps and, in our discretion, changes to the any of the inMarket Sites/Apps and/or any of the inMarket Sites/Apps' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
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.
3. How and When Do We Disclose Information to Third Parties?
InMarket may share non-personally identifiable information, such as Unique Device Identifiers and aggregated user statistics, with third parties. We do not share your Personal Information with third parties for those third parties' marketing purposes unless you consent to such sharing at the time you provide your Personal Information, such as signing up for their email list or connecting via a social media platform such as Facebook or Twitter. 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.
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.
(a) When You Agree To Receive Information From Third Parties. You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. 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.
(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.
(d) 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 any of the inMarket Sites/Apps' Terms of Use or other policies applicable to any of the inMarket Sites/Apps, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of inMarket 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.
(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.
4. What About Information I Disclose Publicly?
(a) User Generated Content and Public Information. Any of the inMarket Sites/Apps may permit you to submit ideas, photographs, writings, pictures, user profiles, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content. Please note that inMarket 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 any of the inMarket Sites/Apps. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive from third parties through any of the inMarket Sites/Apps.
(b) Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content, and inMarket may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to any of the inMarket Sites/Apps, please review our Terms of Use.
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.
6. Are There Third Party Ads Served on the inMarket Sites/Apps?
The inMarket Sites/Apps may use third parties such as network advertisers to serve advertisements on inMarket Sites/Apps and may use traffic measurement services to analyze traffic on the inMarket Sites/Apps. Network advertisers are third parties that display advertisements based on your visits to the inMarket Sites/Apps and other locations you have visited. Third-party ad serving enables targeted advertisements to you for products and services in which you might be interested. The inMarket Site/App's third party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies, web beacons and other tracking technologies on your Device and track certain behavioral information regarding users of your Device via a Device Identifier. These third party cookies, web beacons and other tracking technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or changes settings on your Device in connection with the associated operations. Note that any images (or any other parts of a web page) served by third parties in association with third party ads may serve as web beacons, which enable third parties to carry out the previously described activities. This Privacy Policy does not apply to these applications, technologies or sites that are owned by and/or operated by other parties, even if they use our Sites/Apps or associated technology to collect from or store data on your Device. The relevant third party's terms of use, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. Some of these third parties may offer an ability to opt-out of targeting or other activities, typically described in their privacy policies. We make no representations regarding the policies or practices of third party advertisers or advertising networks.
7. How do I Provide / Withdraw My Consent?
We obtain your consent to the above information collection and storage techniques by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make your choice of whether or not to download or use our App/Sites. You consent to location / GPS tracking features of some of our mobile applications if you enable GPS or location features when downloading our mobile applications that include such functionality. You can prospectively terminate our location / GPS tracking and other information collection via mobile apps by uninstalling the app using the standard process as may be available as part of your applicable Device, app marketplace, and/or operating system. See Section 1(b) for information on how to disable or remove Tracking Technologies.
8. 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 inMarket Sites/Apps may allow you to review, correct or update Personal Information you have provided through an inMarket Site/App's registration form or otherwise. inMarket 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. Also, if you have made any public postings on the App/Sites such as in forums or blogs, these communications cannot generally be removed. If you have Shared Content, it cannot be unshared and the people you have elected to share with cannot be changed. Also, once shared recipients can share with others. When you edit your Personal Information or change your preferences on the App/Sites, information that you remove may persist internally for Company's administrative purposes. You may cancel or modify your e-mail communications, such as newsletters, that you have elected to receive from us by following the instructions contained in such e-mail communications. If you have any questions about: (a) access to Personal Information; (b) the collection, storage, use, management or disclosure of your Personal Information; or (c) this Privacy Policy, you should contact us in the following ways: Postal Mail: inMarket Media LLC, P.O. Box 3209, Venice, CA 90291, Attn: Legal Dept; By email: legal@inMarket.com. Please note that we reserve the right to send you certain communications relating to your account or use of the 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.
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.
10. What Should Parents Know About Children?
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.
12. What About Changes to The Privacy Policy?
inMarket reserves 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, inMarket will not use your Personal Information in a manner materially different than what was stated at the time it was collected without your consent.
13. Your Connecticut Privacy Rights.
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.
