ValueClick Media

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Lead Gen Web User Privacy Policy/California Privacy Rights

Effective Date: December 1, 2011
 

This Privacy Policy applies to ValueClick Media’s lead generation and co-registration component (“Lead Generation”). The lead generation component refers to ValueClick Media’s arrangement with website publishers who utilize their display, search and email distribution channels to generate consumer interest or inquiry into advertiser products and services.  The co-registration component refers to the process in which ValueClick Media facilitates the exchange of consumer information (typically consumer PII (later defined) held by website publisher in accordance with their Privacy Policy) from website publishers to advertisers.  Please note that ValueClickMedia’s display component, excluding Lead Generation, is governed by a separate privacy policy, which you may view by clicking here.  All other ValueClick, Inc. entities are governed by separate privacy policies found on such entities’ websites.

ValueClick Media (“Company,” “we,”  “us” or “our”) reserves the right to revise this Privacy Policy at any time simply by posting such revision, so we encourage you to review it periodically. In order to track any changes to this Privacy Policy, we will include a historical reference at the top of this document.

This Privacy Policy will tell you, among other things:

Click on any of the above links to go directly to the corresponding section of this Privacy Policy.

ACKNOWLEDGEMENT/YOUR AGREEMENT

Company websites are not intended for use by individuals under the age of 18 or those who are not legal residents of the United States. By using our website or any website of any of our publishers in our affiliate network (“website” or “web pages”) or submitting information to us, you consent to the Company’s use and sharing of the information collected or submitted as described in this Privacy Policy. 

DEFINITIONS

“Log Files” track actions occurring on websites or web pages and collect information including IP address, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, click data and types of advertisements viewed.

“Web beacons” are objects that are embedded in a web page or e-mail and are usually invisible to the user but are used to track a web user’s navigation of a website or collection of websites or pages, interaction with an e-mail, the completion of transactions, submittal of applications and browsing behavior.

“Cookies” are files (e.g. HTTP cookies) that are stored on an internet enabled device (which may include, as an example, a computer, BlackBerry or other PDA).  Cookies can be used to improve the experience web users have when they see and interact with advertisements and ensure that when a web user clicks on an advertisement, they are sent to the correct click-through destination.  Cookies may also be used to control the delivery of a series of advertisements to a user and assist in the performance of business operations.  We may use Cookies to estimate the total reach of an advertising campaign or if the user interacted with an advertisement for purposes of payment owed to a web publisheras well as frequency of display.  Cookies assist advertisers in determining with greater accuracy the composition of the audience they reach. 

There are two classes of Cookies based on how long they remain on an internet enabled device: (1) “Session Cookies” are used only during a web user’s visit to a website or web page and are erased once such web user closes the browser, and (2) “Persistent Cookies” remain on a web user’s browser for no more than 2 years from a user’s last interaction with an advertisement.

There are many misconceptions about Cookies.  Cookies cannot erase a hard drive or otherwise damage a computer.  Cookies also do not tell us an e-mail address or any other PII.  We do not and cannot use Cookies to retrieve PII from a web user’s computer.  A useful resource in understanding Cookies may be found at http://www.allaboutcookies.org.

PII” is personally identifiable information collected with an intention to identify and contact a person such as name, address, telephone number or e-mail address.

“Non-PII” is non-personally identifiable information that may include, as an example, IP address, browser types, operating systems, domain names, access dates and times, referring website addresses, online transactions and browsing and search activity.

HOW DO WE COLLECT INFORMATION AND WHAT INFORMATION DO WE COLLECT?

We may receive PII and  Non-PII (“PII” and “Non-PII” are collectively referred to herein as “information”) that our publishers, advertisers or other clients (“Clients”) have collected in connection with our services for our Clients or that Clients have collected for access or transmittal purposes to other clients.  We may hold such information and/or transmit or allow access to such information to the intended recipients or categories of recipients as requested by our Clients.  We also may use log files, web beacons and cookies to collect Non-PII from browsers, Client sites and third party sites.  

Please be aware that the websites and web pages of our Clients as well as the websites and web pages on which we place our Client’s advertisements or offers or any third party websites that link to or from such websites or web pages may collect information from web users.  Such information may include Non-PII through the use of cookies or other technology and any PII that a web user may choose to give in registering and transacting with such website or web page.   While we strongly encourage Clients to adopt responsible approaches to online marketing, we are not responsible for the information practices of our Clients or their partners.  The collection, use and disclosure of information by Clients and partners are subject to their respective privacy policies, which may differ from this Privacy Policy.

HOW DO WE USE AND SHARE THIS INFORMATION?

Except as may be agreed upon between us and a Client, we will only share information received from our Clients for the following purposes:  (1) to enable third party service providers to assist or facilitate the services we provide to our Clients, (2) to comply with applicable laws and regulations or to respond to a subpoena, search warrant or other lawful request for information received by us, whether or not a response is required by applicable law, (3)  to enforce our contracts, terms of use or to protect our rights, (4) to protect the safety of members of the public and users of our service, (5) with respect to any Non-PII, with our affiliated entities for marketing purposes, (6) to verify any information submitted to us or any of our Clients, (7) for any other purpose for which consent has been provided, (8) to perform obligations pursuant to any agreements with our Clients, and (9) for any suppression or opt-out purposes.    In the event we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have as part of such merger, acquisition, sale or other change of control.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment to the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how information is treated, transferred or used.

We may use the collected PII and Non-PII to perform our obligations for our Clients and for any legally permissible purpose in our sole discretion, including but not limited to those explained herein.

Ad Serving/Targeting

We may serve advertisements to you based, in part, on the demographic and geographic information you submitted to our Clients during the website registration process on their web sites or web pages, and lifestyle information about you that we obtain from them and other ValueClick entities and third parties.

Request for More Information

If you have any questions about our Privacy Policy, write to us using our Feedback Form.

APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies to all information collected by or submitted to the Company. Other affiliated entities of the Company may obtain information independently from transactions and experiences with web users or from other sources. This Privacy Policy does not pertain to that information.

WHAT IS THE POLICY WITH RESPECT TO COMMUNICATING WITH CHILDREN?

We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where we know children are involved.

SECURITY

We employ appropriate measures to ensure security of all information that we collect and we routinely evaluate our practices to identify security threats or opportunities for the improvement of our services.  No transmission of information is guaranteed to be completely secure.  Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us or any of our Clients.

YOUR REPRESENTATIONS

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND APPLICABLE WEBSITE OR WEB PAGE TERMS AND CONDITIONS.  You also agree that you have provided consent to any Clients or other third party individuals who supplied any information to us.  It is the express wish of the parties that this Privacy Policy and all related documents have been drawn up in the English language and that the English version of this Privacy Policy shall be the sole version used in interpreting and enforcing this Privacy Policy.  C’est la volenté expresse des parties que la présente convention ainsi que les documents qui ratacchent soient rédigés en anglais.


LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, AS WELL AS THE TERMS AND CONDITIONS OF AN APPLICABLE WEBSITE OR WEB PAGE (INCLUDING LIMITATIONS ON DAMAGES). YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY US TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY OUR TERMS AND CONDITIONS.

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