PLACECAST PRIVACY POLICY

Updated on December 2, 2010

1020, Inc. ("Placecast") is a technology-enabled media services company whose clients and customers include online advertisers ("Advertisers"), brand marketers ("Marketers") and Internet properties ("Publishers"). We deliver innovative products and services designed to:

  1. enable Advertisers to better reach their target audiences with more relevant ads;
  2. enable Publishers to better support their business through the sale of advertisements that are more relevant to their users;
  3. enable Marketers to provide more relevant and useful marketing content to consumers.

Our product offerings and services are currently provided under the brands "Placecast," "PlaceAd®" and "ShopAlerts," as described on our website at www.placecast.net.

Your privacy is very important to us, and we believe that there are effective ways to increase the relevance of advertising messages without collecting, tracking, using or disclosing any personally identifiable information. We also believe that we can, with your express permission, make marketing messages more useful to you by combining your personal information with other anonymous information.

This Privacy Policy is intended to provide you with clear and complete information about the data we collect, use, and store in providing services to you. It is incorporated by reference into our Terms of Use.

Placecast is controlled, operated, and administered entirely within the United States. If you are located outside the U.S., please note that any information you provide to us will be transferred to and processed in the U.S. You hereby consent to these transfers.

  1. WHAT TYPES OF INFORMATION DO WE COLLECT AND WHAT DO WE DO WITH IT?

    1. Non-Personal Information Collected When Using Our Services

      We deliver advertisements from many Advertisers across many Publisher properties. When you visit one of our Publisher's properties using Placecast to deliver ads, our automated system may collect data related to your visit. This data is anonymous and can include information such as:

      1. the unique, anonymous identifier associated with your mobile device;
      2. the Web pages viewed on your mobile device; and/or
      3. the date and time at which those pages were viewed and interaction with Internet content, including advertising content.

      Technologies used to collect this data include real-time processing of non-personally-identifiable data from Publishers such as zip code, airport code, or semantic expressions of place such as city names or neighborhood names.

      We may also send one or more cookies (small text files containing a string of alphanumeric characters) to your computer.

      We utilize the non-personal information described above to improve the relevance of advertisements you see. We believe that more relevant advertising is more useful to you, in addition to being more effective for our advertisers.

    2. How You Can Opt-Out of Receiving Cookies

      We use technology which includes anonymous cookies. You may adjust your computer's web browser settings to refuse all cookies. However, please note that because cookies are widely used, disabling the use of cookies in your web browser may interfere with full use of various websites.

    3. Personal Information Collected When Using our Services

      In addition to our advertising services, we provide direct marketing services for our clients. These services require the collection of personal information and we believe that such information should be collected only with affirmative consent.

      The types of personal information collected to render our direct marketing services include:

      • IP address of devices (which is not itself "personal information" but may be deemed as such when combined with personal information);
      • mobile numbers;
      • email addresses;
      • names; and
      • location of mobile devices.

      This personal information may be collected at various times and for various reasons, including:

      • when you visit our website(s);
      • when you use a Placecast service;
      • to deliver products, services, information, and content that you request from Placecast or its Marketers and Publishers;
      • to provide you with information about products, services, and features offered by our partners that we believe may be of interest to you;
      • if you participate in any surveys, contests, or sweepstakes sponsored by Placecast;
      • if you post or access any content on message boards, chat rooms, blogs, or other interactive features that we may offer;
      • if you make any inquiries to us through our website(s);
      • website administration, technical support or troubleshooting; or
      • if you provide it to us when contacting us about this Privacy Policy or any customer service related matter.
        • In such cases, we will only use such personal information to respond to your inquiry. However, we may retain an archival record of all such correspondence

      Of course, you can choose not to submit your personal information to Placecast. If you choose not to submit your personal information, though, you may not be able to access many of the products, services, and features that we offer.

    4. Personal Information Collected On Behalf Of Advertising and Marketing Partners

      Our Placecast service helps advertisers and marketers reach potential customers who are interested in receiving information about their products or services. In response to an advertisement or marketing message, you may choose to provide directly to an Advertiser or Marketer personal information such as your name, address, mobile number and/or email address. Since this information is provided directly to a third party, Placecast does not have access to it. We strongly recommend that you carefully review these Advertisers' and Marketers' privacy policies and Terms of Use/Acceptable Use Policies before submitting personal information to them.

  2. HOW DO WE USE THE INFORMATION WE COLLECT?

    We use personal information to:

    • operate, maintain, and provide services you have requested; and
    • provide information and content that may be of interest to you.

    We also may use your personal information, combined with certain non-personal information, such as Census data, in the following ways:

    • to track and analyze user preferences and trends in order to improve the quality and design of the services we offer; and
    • to create new features, promotions, functionality, and services either through our website or through our services.

  3. WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT?

    As explained above, Placecast partners with Advertisers, Marketers and Publishers (collectively, "Partners"). We may share with these Partners your personal information (including location information), sometimes combined with non-personal information, so that one or more of these Partners may use your information to communicate offers to you. We will only share such information with Partners for direct marketing purposes - in other words, so that they can communicate offers to you directly - if you have provided prior opt-in consent.

    We may also share non-personal demographic information such as zip code with our Partners for mobile "mass" advertising purposes not on a one-to-one basis.

    We require our Partners to comply with our Privacy Policy, to limit their use of such information, and to protect the security and confidentiality of this information.

    Placecast may also share your personal information and/or non-personal information with other third parties under the following circumstances:

    • when we believe in good faith that the law requires it (and/or if compelled to do so by law enforcement or government agencies, or by other legal action);
    • when we deem it necessary or appropriate to provide such information to law enforcement authorities;
    • to protect our rights, or to take precautions against liability;
    • in the course of a sale to or merger with another business; or
    • in the event of a bankruptcy, in which case the information about Placecast services users would be among the assets shared with or transferred to another business.

  4. OPTING OUT

    We believe in giving you choices when it comes to your personal information. Our direct marketing services are permission-based, meaning that we only send marketing-related or promotional text messages to mobile devices registered by users who have opted-in to receive them.

    In addition:

    • you can choose not to submit your personal information to Placecast, as explained above;
    • if you do not wish to receive text messages or e-mails from Placecast about products, services, or features that may be of interest, you can unsubscribe at any time. We will include an opt-out link or reply address in each e-mail or text message that we send. After unsubscribing, you will be removed from our database. Please allow up to 10 business days to process your request. Please keep in mind that after unsubscribing, you may still receive e-mail and/or text messages about the status of your account, to resolve technical issues, or to confirm a new subscription.

  5. LINKS TO OTHER (THIRD PARTY) WEBSITES

    Placecast may provide links to content or advertisements that may be created, offered, sponsored or affiliated with other entities. Your access to and use of such content and advertisements - even when you have clicked on a link on this website to get there - are not governed by this Privacy Policy. Instead, are governed by the privacy policies of those linked websites. Placecast is not responsible for your access to and use of such websites, which includes any use of personal information that may be collected while you visit such websites or when you engage in any transactions with the entities that operate those sites. We strongly recommend that you carefully review these Advertisers' and Marketers' privacy policies and Terms of Use/Acceptable Use Policies before submitting personal information to them.

  6. HOW DO WE SECURE YOUR PERSONAL INFORMATION?

    To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the personal information we collect, we have implemented physical, electronic, and administrative procedures. These measures are based on commercially reasonable standards that similar companies use. No data transmitted over the Internet, however, can be guaranteed to be 100% secure at all time. Thus, although we use security measures to protect your personal information, we cannot guarantee or warrant the security of such information.

  7. CHILDRENS' PERSONAL INFORMATION

    Placecast does not knowingly collect or solicit personal information from or about children under 13, except as permitted by U.S. federal law (for example, if a child under 13 sends us an email without being asked). If we discover that we have received any personal information from a child under 13 in violation of this Privacy Policy, we will delete such information from our servers and records promptly.

    If you believe Placecast has any information pertaining to anyone under 13, please contact us at privacy (at) Placecast.net.

  8. CHANGES TO PRIVACY POLICY

    Placecast reserves the right to change this Privacy Policy at any time. Please check this page periodically for changes. We will post a notice on this website if and when this policy changes to alert visitors that a new policy is in place.

    Any material changes to the way we collect, use, store or disclose personal information collected when this version was effective will only apply prospectively - in other words, to personal information collected after the material change was made.

  9. GOVERNING LAW

    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
    2. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or any Placecast services shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either Placecast or you may demand that any dispute or claim between the Placecast and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA and, if so demanded by Placecast or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in San Francisco, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent either party from seeking injunctive relief in a court of competent jurisdiction.

  10. SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

    If you reside in California, you may request information about our disclosures of your personal information to third parties so they can use it to directly market to you. Such request must be submitted to us by e-mail at privacy@placecast.net and may be made no more than once per calendar year.

    Within thirty(30) days of receiving such a request, we will provide:

    • a list of the categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and
    • the names and addresses of these third parties.

    We reserve the right not to respond to requests that do not comply with the requirements listed above.

  11. CONTACT US

    Questions and comments regarding this Privacy Policy should be directed to privacy@placecast.net or mailed to:

    Placecast, Attn: Legal Department
    184 Rose Street, San Francisco, CA, 94102

Copyright © 2013, Placecast.