Apptimize Privacy Policy

Effective as of May 25, 2018Apptimize, Inc. (“we”, “us” and “our”) respects your privacy and we are committed to protecting the privacy of your personal information through our compliance with this policy.  This policy applies to the personal information we receive from: (i) visitors to our website, www.apptimize.com, (“Website”), (ii) our business customers (“Customers”), the individuals or entities that register to use our products and services through the Website, (“Platform”), and (iii) the individuals that provide us with their information relating to our marketing activities.

With respect to the personal information we collect directly from visitors to our Website and directly from our Customers, Apptimize is a data controller. This means that as a data controller we determine the purposes for which and the manner in which the personal information we collect is to be processed, which is described in more detail in this privacy policy. For purposes of this privacy policy, personal information means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

This privacy policy does not apply where we are processing Customer End User Data (defined below) on behalf of our Customers as a data processor as described in more detail below. In addition, this privacy policy does not apply to the mobile applications, websites, products or services offered by our Customers or other third parties. This privacy policy also does not apply to the personal data or information of the users of our Customers’ mobile applications, websites, products or services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Platform.

1. Information We Collect About You and How We Collect It

1.1 Information You Provide To Us. The information we collect on or through the our Website may include:

• You may provide personal Information to us when you fill in forms on our Website. This includes information provided at the time you subscribe to our service by registering for an account, correspond with us or request a demo. This information may include your first and last name, email address, job title, company name, company address and telephone number.
• If you order a product or service through the Website, you may provide us with your payment information. As described below, your payment information is transmitted directly to our third party payment processor and we do not store this information.
• Records and copies of your correspondence (including email addresses), if you contact us.
• You may provide personal information to us when you register for marketing events, webinars or download a white paper. This information may include your first and last name, email address, job title, company name, company address and telephone number.

1.2 Information Apptimize Collects Automatically. As you navigate through and interact with our Website and Platform, we may use cookies, web beacons and other tracking technologies to collect certain information about your computer, device, browsing actions, and patterns.

• Cookies Information. When you visit our Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer or mobile device that uniquely identifies your browser. We use cookies to improve the functionality of our Website and to better understand user behavior. For more information about the type of cookies that we use, please see below.
• Log File Information. When you use our Website and Platform, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear Gifs Information. When you use our Website and Platform, we may employ “clear gifs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients.

1.3 Information Apptimize Receives From Other Sources.

Apptimize may receive your personal information from third parties who provide us with contact information for prospects or leads. When acquiring information from third parties, Apptimize will obtain contractual commitments from the third parties that the information was acquired lawfully and with the appropriate level of consent.

2. The Way Apptimize Uses Your Personal Information

We use the information, including personal information, that we collect about you or that you provide to us for a range of different business purposes. We use your personal information to track usage of the Website and Platform, to market our products and services, to improve our Website and Platform, and to provide customer support. Our legal basis for processing your personal information is to carry out our legal obligations, to fulfill a contract with you, to protect your vital interests, for our legitimate interest in using the information we collect, to provide you with notices, and for other purposes with your consent.

2.1 We use your personal information:

• To provide and maintain our Website and Platform.
• To provide customer support, including responding to your requests and contacting you about the requests.
• To provide you notices about your account (such as updates to this privacy policy, the Terms of Service, or for other customer service purposes).
• To monitor the usage of our Website and Platform, including improving the quality and design of the Website and Platform,, and to create new features, functionality, and services.
• To detect, prevent and address technical issues, and improve the security of our Website, products and services.
• To gather analysis or valuable information so that we can improve our Website and Platform.
• To provide you with information, products, or services that you request from us.
• To contact you by email or through your account to notify you of major Website, Platform, products, and services changes.
• To measure the performance of email marketing campaigns.
• To carry out our obligations and enforce our rights arising from any agreements entered between you and us, including for billing and collection.
• To fulfill any other purposes for which you provide it.

2.2 With your consent, which you may withdraw at any time, Apptimize also uses your personal information:

• To provide you with news, special offers and general information about our goods, services and events, which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• For any other purpose, with your consent.

3. When Apptimize Discloses Information

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To protect against legal liability and protect or investigate possible wrongdoing in connection with the Website, products or services.
• To carry out our obligations and enforce our rights arising from any agreements entered between you and us, including for billing and collection.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the personal information.
• With your consent.

We may disclose aggregated information about our users, and information that does not identify any individual without restriction.

4. Payments

We may provide paid products and/or services within the Website. In that case, we use a third-party payment processor, Stripe, for payment processing. We will not store or collect your payment card details. Your payment card details are transmitted directly to Stripe whose use of your personal information is governed by their privacy policy. Stripe adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, and PCI-DSS requirements help ensure the secure handling of payment information. To learn more about Stripe’s privacy practices, please review Stripe’s privacy policy.

5. Customer End User Data

With respect to Apptimize’s Customers, Apptimize is a data processor, and Apptimize processes the personal information collected by our Customers and sent to our Platform only in accordance with the instructions of our Customers. Our Customers may integrate into their mobile applications, websites or other services (collectively, “Customer Applications”) certain aspects of our product and services in order to understand how their own users ( “Customer End Users”) engage with the Customer Applications (“Customer End User Data”).

We process the Customer End User Data only according to the instructions of our Customers (the data controller with respect to Customer End User Data) and, our legal obligations with respect to the Customer End User Data is set forth in the agreement between us and our Customers. This privacy policy does not apply to the Customer End User Data. The collection of Customer End User Data through Customer Applications is governed by our Customers’ privacy policies, and if you are a Customer End User, then you should review the Customer’s privacy policy to learn more about the Customer’s data handling practices.

While Apptimize recognizes that an individual has the right to access, correct, and delete the data collected about that individual, Apptimize does not have a relationship with the Customer End Users but rather only with its Customers. As a result, if you are a Customer End User and you would like to amend, delete or access your personal information, then you need to contact the Customer directly and Apptimize will respond within a reasonable period of time to any such request by our Customer.

Apptimize only retains the Customer End User Data it processes for its Customers for as long as necessary to provide the products and services to its customers or as required to comply with legal obligations, resolve disputes and enforce any agreement.

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal information. We have created mechanisms to provide you with the following control over your information:

• Whenever made possible, you can update your personal information directly within your account settings section. If you are unable to change your personal information, please contact us at privacy@apptimize.com to make the required changes for you.
• If you wish to be informed what personal information we hold about you and if you want it to be removed from our systems, please contact us at privacy@apptimize.com.
• You have the right to data portability for the information you provide to us through the Website or when you register to use the product and services through the Website. You can request to obtain a copy of your personal information in a commonly used electronic format so that you can manage and move it by contacting us at privacy@apptimize.com.
• As noted below in our cookie policy, you can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent.
• If you do not wish to have your email address or contact information used by us to promote our own products and services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile or by sending us an email stating your request to privacy@apptimize.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Please note that we may ask you to verify your identity before responding to the above requests.

7. Our Commitment To Data Security

Apptimize uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, Apptimize cannot ensure or warrant the security of any information you transmit to Apptimize and you do so at your own risk. Once we receive your transmission of information, Apptimize makes commercially reasonable efforts to ensure the security of your personal information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Apptimize learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Apptimize may post a notice on Apptimize.com if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at legal@apptimize.com.

8. International Transfer of Personal Information

The data servers Apptimize uses to provide the Website, Platform, products and services are located in the United States. If you are a user accessing our Website from the European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of our Website, you are transferring your personal information to the United States and you agree, understand and consent to the transfer and storage of your data in the United States.

EU-US Privacy Shield Framework

Apptimize complies with the EU-U.S. and Swiss–U.S. Privacy Shield Frameworks 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. Apptimize has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Apptimize’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Apptimize remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Apptimize proves that it is not responsible for the event giving rise to the damage.

9. Data Retention

Personal information that Apptimize processes as a data controller for the purposes identified in this privacy policy is not kept by Apptimize for longer than is necessary for the specific purpose identified in this privacy policy unless Apptimize is required to retain your personal data for a longer period of time to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Personal information that Apptimize processes on behalf of its Customers as a data processor is retained for the period of time specified in the agreement between Apptimize and its Customers, unless Apptimize is required to retain the personal data for a longer period of time to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

10. Important Information

Children’s Privacy.

Protecting the privacy of children is important to Apptimize. For that reason, Apptimize does not knowingly collect information directly from persons under 13 years of age. If Apptimize learns that information of persons under 13 years of age has been collected without verified parental consent, then Apptimize will take the appropriate steps to delete this information.

Do Not Track Signals

We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

Links To Other Sites

Our Website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s website. Our privacy policy does not apply to the third party website and we encourage you to review the privacy policy of the third party website to learn more about the third party website’s privacy practices.

11. Changes and updates to this Privacy Policy

This privacy policy may be revised from time to time, and this will be reflected by the “effective date” above. We will notify you of any changes by posting the new privacy policy on this page. We will let you know of the updated privacy policy by sending you an email or by posting a prominent notice on our Website. Please revisit this page periodically to stay aware of any changes. Changes to this privacy policy are effective when they are posted on this page.

12. Disputes

As part of our commitment to the Privacy Shield Principles, if you are a resident of the European Union or Switzerland and you have a privacy or data use concern, please contact us directly at privacy@apptimize.com, and we will use our best efforts to address your concern within 45 days of receipt of your complaint. For an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S. based third party dispute resolution provider (free of charge) here.

For any Privacy Shield disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions. To find out more about the Privacy Shield’s binding arbitration scheme, please see here.

The Federal Trade Commission has investigation and enforcement authority over Apptimize’s compliance with the Privacy Shield Framework.

13. How to Contact Us

If you have any questions about this privacy policy or our privacy practices, please contact our data protection officer by email at: privacy@apptimize.com

Or by mail at:

Apptimize, Inc.,

Attn: Data Protection Officer

330 Townsend Street #234

San Francisco, CA 94107

COOKIES

Like many online services, we use our own and third party cookies and similar technologies to operate our website and online services, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies are a small piece of data sent from a website that can be placed on your computer or mobile device that uniquely identify your browser or device.

Cookies can remain on your computer or mobile device for different periods of time. Apptimize uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser.

We use our own and third party cookies on our Website in a variety of ways, including:

• Authentication: When you are signed in to your account, cookies help us keep you logged in, show you the right information and personalize your experience.
• Payment: For those who pay via credit card on the website, cookies may help us process those payments through our third party payment processor.
• Security: We may use cookies to enable and support our security features, and to help us detect malicious activity.
• Storing preferences: Cookies can help you fill out forms throughout our Website more easily.
• Performance, Analytics and Personalization: Cookies help us learn how well our Website and the Apptimize Platform perform, allow us to analyze use of our Website and Platform, and personalize content and experiences delivered to you.
• Marketing: We may use cookies to help us deliver marketing or advertising campaigns and to track their performance. Similarly, we and/or our advertising partners may use cookies to help gather information about your activities on our Website and other websites in order to provide you with advertising based upon your browsing activities and interests on third-party websites. We may receive reports based on the use of cookies by companies on an individual as well as an aggregated basis. Our privacy policy does not apply to, and we cannot control the activities of, third-party ad servers and ad networks.

Users can manage their cookies from Apptimize.com by toggling the settings on the OneTrust popup window.

You can also use browser controls to limit how the websites you visit are able to use cookies. Instructions for blocking or deleting cookies may be available in each browser’s privacy or help documentation. Note that if you choose to block cookies, certain website features that depend on cookies may no longer function. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.

For more information about blocking or deleting cookies in your browser settings, please visit the following links:

• Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
• Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Safari: https://support.apple.com/kb/ph21411?locale=en_US
• Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Opera: https://www.opera.com/help/tutorials/security/privacy/

For any other browsers, please consult the documentation of the browser manufacturer.

In addition, if you want to opt out of advertising cookies, then you can learn more about how to do so by going to the Your Online Choices page, the Network Advertising Initiative page, or the Digital Advertising Alliance’s Consumer Choice page. Further information about cookies, including how to see what cookies have been set on your computer or device and how to manage and delete them, is available at www.allaboutcookies.org or www.youronlinechoices.eu.

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