Effective Date: October 4, 2018
Thank you for visiting the ChargeNation performance marketing partner network website (the
“Site”).
(“we”, “us”) is committed to protecting the privacy of your personally identifiable information.
We provide
this privacy
policy (“Privacy Policy”) in order to explain our online information practices and the choices
you can make about the way your information is used by us. You must agree to this Privacy
Policy, in its entirety, including
our use
of cookies in order to: register an account (“Account”) with the ChargeNation performance
marketing partner network (“Performance Marketing Partner Network”) and log in to your Account
as member of the Performance
Marketing Partner
Network. If you do not agree to this Privacy Policy in its entirety, you are not authorized to
register for an Account on the Performance Marketing Partner Network.
Privacy Policies Used in Connection with Your Subscription. When you register
for an Account on the Performance Marketing Partner Network, we use a password-protected
third-party portal to store your
personal information,
and we may share your personal information with such third party (“Third Party Agent”) as is
necessary for the performance of your Account and the Performance Marketing Partner Network.
Personally Identifiable Information. We collect personally identifiable
information when you register for an Account or otherwise choose to provide personally
identifiable information to us. Personally
identifiable
information is any information that can be used to identify or locate a particular person or
entity. This may include but is not limited to: business entity name and/or your title with the
applicable business entity, as
well as
your personal and/or business entity related e-mail address, mailing address, daytime and/or
cellular telephone numbers, fax number, account information (or other information that we
require in order to pay any amounts due
to you
under the Performance Marketing Partner Network), IP address and/or any other information
requested on the applicable Subscriber registration form.
Non-Personally Identifiable Information. We may collect certain non-personally
identifiable information about you when you visit certain pages of this Site and/or register for
an Account on the
Performance Marketing
Partner Network, such as the type of browser you are using (e.g., Chrome, Internet Explorer),
the type of operating system you are using, (e.g., Windows or Mac OS) and the domain name of
your Internet service provider
(ISP) and
share such information with our Third-Party Agent. We use the non-personally identifiable
information that we collect to improve the design and content of the Site and to enable us to
personalize your Internet experience.
We also
may use this information in the aggregate to analyze Site usage.
Cookies and Web Beacons and Ad Identifiers. To enhance your experience with
the Site, we use “cookies.” Cookies are small packets of data stored on your computer used to
store your preferences. Cookies,
by themselves,
do not tell us your e-mail address or other personally identifiable information. You may set
your browser to warn you that cookies are in use, or to block the use of cookies. We use
strictly necessary cookies to allow you
to move
around the Site and log in to your Account, and functional cookies to improve the services and
support available to you. Accepting strictly necessary cookies is a condition of using the Site.
You can control whether or not
functional
cookies are used, though preventing them may mean some services and support will be unavailable.
Cookies may be managed for us by third parties; where this is the case, we do not allow the
third party to use the cookies
for any
purpose other than as necessary to provide the services.
We may additionally collect information using Web beacons, which are commonly referred to in the
industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be
used on the Site, in your
Account, or in
our emails to deliver cookies, count visits and determine if an email has been opened and acted
upon.
End users can disable cookies in most internet browsers. An overview of the process is available
at http://www.allaboutcookies.org/manage-cookies/. Disabling cookies will
not, however, stop receipt of all advertisements. If an end
user would like to opt out of a particular ad network, publisher, or advertiser’s ads, they will
need to contact those companies directly to inquire whether they have an opt-out option.
End users can also disable collection of ad identifiers for targeted advertising by enabling the
Limit Ad Tracking setting on their smartphone. End users can also reset the ad identifier
altogether using their smartphone’s
privacy
settings
We may be a participant of the Google Third Party Serving Compatibility Program, in which case we
would abide by the Third-Party Ad Serving Policy available at http://adwords.google.com/support/bin/answer.py?answer=94230
Use of Information. We use your personally identifiable information: (a) to
send you information regarding your Account and the Performance Marketing Partner Network; (b)
to track your compliance with the
Terms and
Conditions (“Terms and Conditions”); and/or (c) for validation, suppression, content improvement
and feedback purposes. In addition, we may use your IP address for the purposes identified
above, as well as to analyze
trends, administer
the Site, track users’ movements, gather broad demographic information for aggregate use, and to
confirm that a particular individual affirmed his/her consent to specific legal terms (e.g. a
clickwrap license agreement).
You agree
that we, or our Third Party Agent, may contact you at any time regarding your Account or the
Performance Marketing Partner Network and/or any other information that we may deem appropriate
for you to receive in connection
with
your Account on the Performance Marketing Partner Network. You may update your contact
preferences as set forth below.
Information Sharing. As a general rule, and other than in connection with the
limited exceptions set forth below, we will not sell, share or rent your personally identifiable
information to or with
others. Notwithstanding
the foregoing, we may, from time to time, provide such information to certain third-party
administrative vendors, including HasOffers, for efficiency purposes in providing administrative
or program management services in
connection
with your Account. Any third-party vendor so used has agreed to protect the confidentiality of
information provided by us. Further, we reserve the right to share your personally identifiable
information: (a) where required
by law,
or requested by a court of competent jurisdiction; (b) in the event of any reorganization,
merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of
our business, assets or stock; (c)
where
you are in violation of this Privacy Policy, the Terms and Conditions and/or Services Agreement;
(d) in the case of a dispute; or (e) where we determine, in our sole discretion, that such
disclosure is necessary to protect
our
rights and/or a third party, or necessary to protect us from liability of any kind. The
aforementioned includes exchanging information with other companies and organizations for fraud
protection.
International Transfer of Data. We may transfer information that we collect
about you and your end users, including personal information, to affiliated entities, or to
other third parties across borders
and from
your country or jurisdiction to other countries or jurisdictions around the world. If you or
your end users are located in the European Union or other regions with laws governing data
collection and use that may differ
from U.S.
law, please note that you are transferring information and permitting the transfer of
information, including personal information, to a country and jurisdiction that does not have
the same data protection laws as your
jurisdiction.
You consent to the transfer of your information to the United States and the use and disclosure
of information about you and your end users, including personal information, as described in
this Privacy Policy.
Where we act as a controller under European data law, our lawful basis for collecting and using
the information described in this Privacy Notice will depend on the information concerned and
the specific context in which we
collect
or use that information. We normally collect or use information from you only where we have
collected your consent to do so, where we need the information to perform a contract with you,
or where the processing is in our
legitimate
interests and not overridden by your data protection interests or fundamental rights and
freedoms. Specifically, when we:
- use information to create or manage an account, we need it in order to provide relevant
services;
- use contact information for marketing purposes, we do so with your consent (which you can
revoke at any time); and
- gather usage data and analyze it to improve the Site, we do so based on our legitimate
interest in safeguarding and improving the Site.
If you have any questions or concerns about how information is processed, including questions
about how to exercise your rights as a data subject, please contact us at the contact
information provided in this Privacy
Notice.
Data Retention. Subject to any mandatory obligations to delete data, your
information may be retained by us and in our Third-Party Agent portal, server logs, databases
and records. We will keep your
information for
no longer than necessary for the purposes for which it is processed. Where there are technical
limitations that prevent deletion or anonymization, we will safeguard and limit the use of
information as required by
applicable law.
Your Employees. Your acceptance of the terms of this Privacy Policy, in their
entirety, shall extend to your employees. You agree that any of your employees that access your
Account or visit the Site
under the scope
of their employment with you agree to the terms of this Privacy Policy.
Security. We endeavor to safeguard and protect our Account holders’
information. When Account holders submit personally identifiable information to the Performance
Marketing Partner Network, their
personally identifiable
information is protected both online and offline. When our registration process asks registrants
to submit information such as bank account information and/or credit card information
(“Sensitive Information”), and when we
transmit
such Sensitive Information, that Sensitive Information is encrypted and protected. The
Third-Party Agent servers that we utilize to store personally identifiable information are kept
in a secure physical environment. The
Third-Party
Agent has security measures in place to protect the loss, misuse and alteration of personally
identifiable information stored on its servers.
In compliance with applicable federal and state laws, we shall notify you and any applicable
regulatory agencies in the event that we learn of an information security breach with respect to
your personally identifiable
information.
You will be notified via e-mail in the event of such a breach. Please be advised that notice may
be delayed in order to address the needs of law enforcement, determine the scope of network
damage, and to engage in remedial
measures.
You acknowledge that you provide your personally identifiable information to us with
knowledgeable consent and at your own risk.
Deleting and Updating Your Information. If you would like to delete or update
the personally identifiable information that we have collected from you, simply email us. We
will process your request, where
possible
and subject to the terms and conditions contained herein, within a reasonable period of time
after receipt. To protect your privacy and security, we will take reasonable steps to help
verify your identity before granting
access
or making corrections.
Opting Out of Receiving E-mail. You may at any time choose to stop receiving
emails containing general information regarding ChargeNation by following the instructions at
the end of each such email or by
contacting
us. Should you be contacted by our Third-Party Agent through email, you can follow the
instructions at the end of each such email to stop receiving such emails. There may be a short
delay of up to several business days
while your
request is being verified, deployed and processed across our servers. Notwithstanding the
foregoing, we may continue to contact you for the purpose of communicating information relating
to your Account, as well as to
respond to
any inquiry or request made by you.
Notification of Changes. We reserve the right to change or update this Privacy
Policy at any time by posting a clear and conspicuous notice on the Site explaining that we are
changing our Privacy Policy.
All Privacy
Policy changes will take effect immediately upon their posting on the Site. Please check the
Site periodically for any changes. Your continued use of the Site and/or acceptance of our
e-mail communications following the
posting
of changes to this Privacy Policy will constitute your acceptance of any and all changes.
Contact Us. If you have any questions regarding this Privacy Policy, or would
like more information on our privacy practices, please contact us.