This Privacy Policy applies to anyone who uses our website at https://www.nativex.com (“Site”) and/or the platforms, applications, websites or any other services provided by our Partners (e.g. advertisers and publishers) in relation with our advertising services (“Service”). It discloses how we collect and use your information. You must be at least 18 years old to use our Site or the Services. If you are not at least 18 years old, please do not use our Site or the Services. Collection, use, disclosure, and protection of personal information may be subject to different regulations within and outside the United States, including but not limited to EU General Data Protection Regulation (“GDPR”). Regardless, you acknowledge that if you use our Site or the Service, you have read, understood and agreed to this Privacy Policy. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE OUR SITE OR THE SERVICE.

NativeX reserves the right, in its sole discretion, to change these terms, at any time, to improve and refine our Privacy Policy. It is your responsibility to check these terms periodically for changes. Your continued use of our Site and the Service following the posting of changes will mean that you accept and agree to the changes.

1.  Overview

This Privacy Policy applies to information collection and use while you are visiting and using the Site and you interact with the Services.. In some instances you may complete specific actions, such as applications provided by our Partner that you may install and/or complete specific actions.

2.  Individual Information We Collect

For a visitor to our Site, some of your personal information may be actively collected (for example, names, addresses, telephone numbers, E-mail addresses, occupations, and related information). And we or a third party service provider may also passively collect (which you did not actively provide) information such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as Internet Protocol Address, cookies, Internet Tags and navigational data collection on your use of the Site and associate this information with a Unique Identifier. For example, we use services and data reports from Google Analytics to better understand visitors to our Site and their use of our Site.

Customer Support. All information you voluntarily submit when you contact us for customer support is used for the sole purpose of responding to your inquiry.

For an end-user of the Service, we and/or our Partners may collect the following through the Services:

IP Address, Device Characteristics (e.g. device make, device model, device type, operating system, browser type, language type, if your device supports java, if your device supports cookies, your operating system version, if you are on a cellular network, whether your device is jail broken (or similar status), cellular carrier information and other system information), Unique Identifiers (“UDID”, e.g. international mobile equipment identity (IMEI), Universal Device Identifier, Android Device ID, Android ID, Android Serial Number, Mac address, Apples Identifier for Advertising (“IDFA”) and Mac WLan ID, and other device identifiers), List of installed apps and etc.

3.  How We Use Your Information

For our Site, we may use your information where is necessary in our legitimate interest for the following purposes: (i) to provide you with NativeX products or services or information in relation to the same; (ii) to sign you up for an event or training; (iii) to contact you and respond to your requests and enquiries; (iv) for business administration, including statistical analysis; (v) to personalize your visit to the Site and to assist you while you use the Site; or (vi) to improve the Site by helping us understand who uses the Site.

For the Service, we study users’ interests and engagement with Apps, advertisements (“Offers”), and the Services using your information. We may use the collected data from the Apps and Offers, and the Service to inform our ad partners about your interests, or for interest-based/behavioral advertising, such as determining which Offers to present to you or retargeting an Offer to you. Where required, the advertiser and publisher will obtain your consent for and on our behalf for the processing of your information. You can withdraw your consent at any time.

We may use the collected data from the Apps and Offers to further develop our services and product offerings.

We may use collected data (including UDIDs) for contextual advertising and for interest-based/behavioral advertising.

Where necessary in our legitimate interests we may use your information (i) to understand and analyze your usage trends and preferences and improve the Services; (ii) for purpose of anti-fraud and traffic quality monitoring in order to perform the contractual obligations to our business partners; or (iii) resolve disputes and enforce agreements (e.g. settlement).

We may also use your information to comply with applicable laws, regulations or codes of practice.

4.  How We Share Your Information

We may work with third parties for our Site and the Service. If we hire a third party service provider, they will be prohibited from using your information for promotions and for any purpose other than providing services to us.  You are responsible for reviewing the privacy policies of the third parties that may collect information via our Site and the Service. If You do not wish to review those privacy policies or if You are concerned about the information they may collect, do not use our Site or the Service. We do not guarantee that all third parties that may collect information about You have an opt-out for behavioral tracking. In addition, we do not guarantee or warrant that opting out of behavioral tracking from some or all of the entities will opt You out of advertising entirely. Rather, if You opt out, You may continue to receive the same amount of advertising, but advertising may be less relevant because it will not be based on Your interests.

We may also disclose information in special circumstances when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury or interference with our rights, property, users, or anyone else that could be harmed by such activities. We may disclose account information, as required by law, when we believe in good faith that disclosure is necessary to protect our rights or to comply with a judicial procedure served on our websites; or if the law requires it and for administrative and other purposes that we deem necessary to maintain or improve the Service.

For the Service, we and our Partners may share our collected information with each other so that: (1) we can confirm that you installed the App and completed the actions in relation with the Service; (2) we can identify the traffic (users in aggregate) that originated from the Service or an Offer; (3) we can assess the performance of an Offer that was shown to you or on your device in the App or outside of the App.

We may buy other businesses or their assets or sell our business assets. Customer information is generally an asset involved in such transactions. Thus, in the event that we or all of our assets are acquired, your information would be one of the transferred assets.

Our affiliates may also have access to your information collected through our Site and the Service for the purposes set out in this privacy policy.

Third Party Data. We may obtain data about you, including personally identifiable information, from third party sources, including advertisers and publishers. We may merge this third party data with data we have collected about you and use this data for contextual advertising and for behavioral advertising.

5.  International Transfers

When you are located in the EEA, information collected from you, including though our Site and the Service, will be transferred to recipients in countries located outside the EEA (including United States), which do not provide a similar or adequate level of protection to that provided by countries in the EEA. Where required by law, our Partners will obtain your consent to the transfer of your information to recipients, as described in this Privacy Policy, which are located outside the EEA. You may withdraw your consent at any time.

6.  Your Data Rights

If you are in the EEA, you have a right to (subject to a limited number of exceptions): (i) request access to and rectification or erasure of your information; (ii) obtain restriction of processing or to object to processing of your information; and (iii) ask for a copy of your information to be provided to them, or a third party, in a digital format. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority in the EEA.

To exercise this right please contact help@nativex.com.

7.  Your Choices

We cannot and do not ensure or warrant the security of any information collected, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the Site or the Service is at your own risk.

We take physical, technical and organizational security measures in order to comply with applicable laws and protect our data from unauthorized access, use, disclosure or destruction of data. However, no method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.

We do not knowingly collect Personally Identifiable Information about children under the age of 13 or from sites or applications that are directed toward children under the age of 13, except as permitted by the Children’s Online Privacy Protection Act (the “Act”). We encourage parents and guardians to be familiar with the websites and applications that their children use. The Federal Trade Commission (“FTC”) regulates the means by which website operators collect and use personal information from children under 13, pursuant to the Act. For more information about the Act and children’s on-line privacy in general, visit the FTC’s website at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.

We may use cookies, or other technology (collectively “Cookies”) to collect certain information about you when you are visiting the Site. Cookies is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. The purpose of Cookies is to provide a convenience feature to save your time. By using the Site, you consent to the use of these Cookies. If you do not accept these Cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new Cookies. Please however note, that, if you delete Cookies or do not accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly. To find out more about Cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.

We may retain the information relating to you collected as necessary for internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements. The criteria used to determine the retention periods include: (i) how long the information is needed to provide the Services and operate the business; (ii) the type of information collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).

8.  Third Party Terms and Conditions

Please note that Your access to the Service and use of the Apps may be subject to certain third party terms and conditions and privacy policies, including, without limitation application stores, mobile software platforms, on-line gaming platforms and payment providers. You recognize and agree that we are not liable for any such third party terms and conditions and their use of Your personal information.

9.  Miscellaneous Provisions

YOUR USE OF OUR SITE AND THE SERVICE IS AT YOUR OWN RISK. OUR SITE AND THE SERVICE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES) IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICE AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF OUR SITES AND SERVICE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $10.00.

Indemnification. You agree to indemnify, defend, and hold us and all of our agents, directors, employees, information providers, licensors and licensees, officers, and subsidiaries (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by you in connection with any claim arising out of any breach by you of this Privacy Policy. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

International Policy. Our  servers are in the United States. Accordingly, if you are located outside of the United States, we will transfer the personal information you provide to us and/or our Partners to the United States. By submitting your personal information, you fully understand and consent, to its transfer, storage and processing in the United States.

Enforcement / Redress. If you feel that we have not followed our Privacy Policy, please let us know. Also, if you have any questions or concerns about our Privacy Policy, its implementation, or would like a written copy, please feel free to contact us at:

NativeX, LLC

Attention: Legal Department

4150 2nd St. S #315

St. Cloud, MN 56301

Alternatively, if you would like, contact us via e-mail at help@nativex.com.

Glossary of Terms

App(s) means software designed for and operational on Apple’s iPhone¨, iPad¨, or iPod Touch¨ hardware or any Android enabled phone.

Partner means a NativeX client, customer or other entity with whom we have a business relationship.

User, You, and Your means an individual who has accessed our website or used the Service.

NativeX, We and Our refers to NativeX, LLC.

 

Last Updated: June 18, 2018

Copyright © 2015 NativeX LLC. All rights reserved.

NativeX, LLC, 4150 2nd St. S #315 St. Cloud, MN 56301