Platform Privacy Policy

MONETATE, INC. PLATFORM PRIVACY POLICY

Last Updated June 2017


Monetate, Inc. (“Monetate,” “we,” “us,” or “our”) is a marketing optimization technology company. We have created this privacy policy (this “Platform Privacy Policy”) to inform you how our proprietary platform (the “Platform”) gathers, uses, and processes information on behalf of online marketers, website owners, leading brands and other businesses that use our services (collectively, our “Clients”).

The Information We Collect

In the course of operating the Platform and providing our services, Monetate collects the following types of information (collectively, the “Information”) from visitors to our Clients’ websites (the “Websites”):

  • Personal Information. Our Clients and/or their e-mail service providers (“ESPs”) will send us your e-mail address and/or other personal identifiers if you have opted to receive marketing or other communications from such Client. In addition, our Clients may also upload additional personal information about you to our Platform. Such additional personal information will not contain any information related to your health, payment data or other sensitive data, but may include information about your loyalty level with the Client, gender, age group and other interactions with the Client. These data are separated for each Client and will not be used by Monetate without explicit instruction by Client to do so. Please refer for further information to the respective Client’s privacy policy for more information.
  • Information From Your Activity. Information that we or our technology providers may automatically collect when you visit, access, and/or use the Websites, include your IP address; referring URL; time stamp; browser type and language; operating system; screen height; screen width; color depth; whether your computer is Java enabled; Internet connection type; whether or not your browser accepts cookies; pages viewed on the Websites; products viewed, placed in the cart, and purchased on the Websites; quantity, price, and purchase ID of products placed in cart and/or purchased on the Websites; and custom page data, as defined by our Clients.
  • Inferred Information. Based on the Information we collect from your Website activity, search terms entered through your browser, and information gleaned from previous Monetate cookies, we may infer other information, such as postal code, country, state, time zone, weather, temperature, heat index, wind chill, geodemographic data and proximity to a Client retail or shipping location.
  • From Cookies and JavaScript Tags. We collect Information using “cookie” technology and JavaScript tags. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may use your browser’s preferences to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly. We use JavaScript tags to trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist) and to help us and our Clients tailor, analyze, manage, report and optimize your experience on the Websites.

How We Use and Share the Information

Monetate uses and shares the Information only as follows.

  • When we receive your e-mail address and/or other personal identifiers, we will analyze such data and instruct our Clients and/or their ESPs what content to insert into marketing or other communications to you. Our Clients and/or their ESPs will then send you a tailored e-mail based on these instructions.
  • We will access, use, and share the Information as required to fulfill our contractual obligations to our Clients or subsequent requests for service and/or support by our Clients.
  • Our technical staff may require periodic access to Information to monitor system performance and network capacity, test and fix systems, and develop and implement upgrades to systems.
  • We may employ third-party agents to perform functions on our behalf. Examples may include providing technical assistance and customer service. These third-party agents will have access to the Information only as necessary to perform their functions and to the extent permitted by law and are subject to contractual obligations concerning strict confidentiality as well as privacy.
  • In an ongoing effort to better understand visitors to the Websites, the Platform, and our products and services, we may analyze the Information in aggregated form in order to operate, maintain, manage, and improve the Platform and/or our products and services. This aggregate information does not identify you personally.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary, for example, to protect the rights, property, or safety of Monetate or others.

Accessing and Modifying Information and Communication Preferences

If you would like to opt-out of Monetate’s collection of Information about you using cookies or JavaScript tags, please follow the instructions found on our Clients’ Websites.

How We Protect the Information

We take all necessary steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction as required by applicable law or the EU-US or Swiss-US Privacy Shield Principles. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet.

Important Notices to Non-U.S. Residents/EU-US and Swiss-US Privacy Shield

Monetate complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Monetate has certified to the U.S. Department of Commerce 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. Monetate subjects all personal information received from the European Union or Switzerland in reliance on the EU-US or Swiss-US Privacy Shield, as applicable, to these Principles. If there is any conflict between the terms in this Platform Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield Program, and to view Monetate’s certification page, please visit https://www.privacyshield.gov.  The list of the self-certified organizations can be found at https://www.privacyshield.gov/list.

Monetate will process all personal information received under the EU-US or Swiss-US Privacy Shield only in ways that are compatible with the purpose for which such information was collected, or for purposes authorized by you later on. We will provide you with the possibility to opt out in case we want to (i) disclose your personal information to a third party that is not acting as an agent to perform tasks on our behalf and under our instructions, or (ii) use your personal information for a purpose materially different from the purpose for which it was initially collected or subsequently authorized by you.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Monetate commits to investigate and attempt to resolve complaints about your privacy and our collection or use of your personal information within 45 days of receiving your complaint.  European Union or Swiss individuals with inquiries or complaints regarding this Platform Privacy Policy should first contact Monetate at privacy@monetate.com.

Monetate has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit independent 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 (free of charge). 

Under certain conditions you have the possibility to invoke binding arbitration in order to determine whether Monetate has violated its obligations under the EU-US or Swiss-US Privacy Shield Principles as to you, and whether such any such violation remains fully or partially unremedied. You must take following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with Monetate and afford us an opportunity to resolve the issue within 45 days of receiving your complaint; (2) make use of the independent dispute resolution mechanism, which is at no cost to you; and (3) raise the issue through your Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue, at no cost to for you. Please check https://www.privacyshield.gov and Annex I (Binding Arbitration) of the EU-US Privacy Shield Framework for further information.

You may have the right under the EU-US and Swiss-US Privacy Shield to access the personal information that we hold about you and to request that we correct, amend or delete it if it is inaccurate or processed in violation of the EU-US or Swiss-US Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. We will respond to access requests within a reasonable time period, in a reasonable manner and readily intelligible form. We may charge a fee that is not excessive to cover the costs for providing access. We may also set reasonable limits on the number of times within a given period in which access requests from a particular individual will be met. We may request specific information from you to confirm your identity.   

Please note that Monetate 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.

As set out above, Monetate may transfer personal information to our third-party agents who perform functions on our behalf. Where required by the EU-US and Swiss-US Privacy Shields, we will enter into written agreements with those third-party agents requiring them to provide the same level of protection each of the EU-US and Swiss-US Privacy Shield requires and limiting their use of the personal information to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents process personal information received in reliance of the EU-US and Swiss-US Privacy Shield in accordance with our EU-US and Swiss-US Privacy Shield obligations and to stop and remediate any unauthorized processing. We shall remain liable under each of the EU-US and Swiss-US Privacy Shield Principles if our agent processes personal information in a manner inconsistent with the EU-US and Swiss-US Privacy Shield Principles, as applicable, unless we can prove that we are not responsible for the event giving rise to the damage.

Under the conditions set out above, we may also transfer personal information received under each of the EU-US and Swiss-US Privacy Shield to third-party data controllers. These third parties do not act as agents and are not performing functions on our behalf. We will only provide such personal information to third-party data controllers where you have not opted-out of such disclosures. Where required by the EU-US or Swiss-US Privacy Shield, we will enter into written contracts with such third-party data controllers requiring them to provide the same level of protection the EU-US or Swiss-US Privacy Shield requires. We also limit their use of such personal information so that it is consistent with any consent you have provided and with the notices you have received.  

Monetate is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Changes to This Platform Privacy Policy

This Platform Privacy Policy is effective as of the date stated at the top of this Platform Privacy Policy. We may change this Platform Privacy Policy from time to time. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Platform Privacy Policy in effect at the time we collect the Information. Please refer back to this Platform Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Platform Privacy Policy, please contact Monetate via e-mail at privacy@monetate.com with “PRIVACY POLICY” in the subject line.

 

 

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