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 I. OVERVIEW Mediaplex is dedicated to providing our products and services in a way that best assures the privacy of Internet Users. This privacy policy sets forth the privacy policies and practices of Mediaplex ("Mediaplex", "we", or "us"), a ValueClick, Inc. company ("ValueClick"), in providing services for our marketing clients ("Clients"), and to individuals who receive email or use a browser to access websites ("Internet Users"). For more information about ValueClick and other ValueClick companies please visit www.ValueClick.com II. SCOPE & APPLICATION This Privacy Policy covers information collected and used by Mediaplex for its own business purposes ("Mediaplex Data") and privacy practices related to data stored in Mediaplex systems on behalf of Clients ("Client Data") as Mediaplex does not own or control the use of this information. The distinction between Mediaplex Data and Client Data is discussed in further detail below. The collection, use, and disclosure of Client Data are governed by the Client’s privacy policies which may differ from Mediaplex's policy. While Mediaplex strongly encourages clients and partners to adopt responsible approaches to online privacy, Mediaplex is not responsible for the information practices of Clients or their partners. Please note that if you voluntarily choose to provide information to Mediaplex you consent to the practices and procedures detailed herein. To the extent there is a conflict between the terms of this Privacy Policy and a written agreement to which Mediaplex is party, the terms of such agreement shall prevail with respect to the parties to that agreement. Otherwise, unless you offer different terms which are accepted by Mediaplex in writing, these terms shall apply. III. INFORMATION WE COLLECT A. Client Data vs. Mediaplex Data Clients such as advertisers, marketers, and website publishers use Mediaplex products and services to deliver and track advertisements and marketing messages over the Internet. Advertisements and communications sent through Mediaplex products and services belong to the sending Client, with Mediaplex acting as the delivery agent. Mediaplex stores Client Data received from these processes on behalf of Clients. Mediaplex does not retain, use, or sell data collected for our own purposes other than for aggregate statistical reporting, such as the total client advertisements served or emails sent. The only Internet User Personally Identifiable Information ("PII") Mediaplex obtains is that which is voluntarily sent by an Internet User, such as in an email inquiry, resumes sent, or contact information for potential customers. Mediaplex Data includes Client information collected as part of normal business practices, including the name, address, phone number, email address, social security number, tax ID number, and the like of Clients and Client’s representatives. By providing information to Mediaplex, you acknowledge that we operate in the United States and you agree to (i) permit Mediaplex to transmit and use your information anywhere necessary, including across international boundaries, to affect the services and transactions provided by Mediaplex; and (ii) that such use by Mediaplex shall be subject to the terms and conditions stated in this Privacy Statement. Mediaplex does not track visitors to Mediaplex.com. B. Online Advertising Mediaplex offers Clients two online advertising products: MOJO Adserver and MOJO Publisher. In the process of providing online advertising, Mediaplex does not collect PII from Internet consumers. We do use click-stream, cookies and HTTP protocol elements to collect general data on the performance of our advertising campaigns so we can report aggregated results to Clients. This data is collected on an anonymous basis which maintains the Internet User’s privacy while enabling Mediaplex to report campaign results to our Client. C. Email Marketing Mediaplex offers Clients an email marketing product, MOJO Mail. MOJO Mail is used to configure and send email communications and promotional offers to permission-based email lists. In this process, PII is stored and managed in MOJO Mail. This information typically includes data provided by Internet Users to the Client, such as email address, name, and other related information. This data belongs to the Client and its use is fully controlled by the Client. Mediaplex does collect general email campaign performance data in order to report aggregated results to Clients. D. Cookies, Web Beacons, and Log Files Mediaplex uses cookies, small text files sent to your PC that let Mediaplex identify your browser without violating your personal privacy, to provide the most effective advertising possible. For example, a cookie allows Mediaplex to ensure that you do not see the same ad over and over, ensuring delivery of diverse offers and promotions. Mediaplex cookies do not collect PII. Mediaplex also uses web beacons, invisible 1x1 pixel GIFs that are included in a Client web page. When the Internet User’s browser loads the Client web page, a request is sent to Mediaplex for the 1x1 clear GIF, signaling that the page was displayed. Using the cookie, Mediaplex can then correlate that the same anonymous Internet User saw or clicked an ad, and subsequently visited the Client’s web page, and can report a correlation back to the Client. Mediaplex uses transaction log files to generate aggregated reporting data for Clients. Mediaplex generally retains these log files of individual online advertisements and email transactions for a minimum of 90 days and summary information for up to three years, but we reserve the right to retain such data as long as may be reasonably necessary for accounting and audit purposes. IV. INFORMATION MANAGEMENT Mediaplex does not rent, sell, or share Internet User PII. Mediaplex may, from time to time, provide Client information to third-party administrative vendors for efficiency purposes in providing administrative or program management services such as billing, delivery and payouts. Any such third-party vendor agrees to protect the confidentiality of information provided by Mediaplex. Mediaplex may periodically use Client information to communicate via email newsletters or other avenues to offer strategic marketing information and other business related communications. Mediaplex may release any data we hold when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply our terms and conditions and other agreements; or protect the rights, property, or safety of Mediaplex, ValueClick, or its Clients. This includes exchanging information with other companies and organizations for fraud protection. Mediaplex also reserves the right to share Client information with our affiliated entities or in connection with the sale, merger, consolidation, change in control, transfer of substantial asset, or reorganization or liquidation of any of the ValueClick companies, but will take steps to ensure that the information shared is used in a manner consistent with this Privacy Policy. V. Data Security Mediaplex employs industry standard security measures to ensure the security of all data. Any data stored on Mediaplex's servers is treated as proprietary and confidential and is not available to the public. Access by Mediaplex staff and clients is password-protected and limited to individuals at Mediaplex whose job responsibilities require the access. Mediaplex routinely evaluates its data security practices to identify security threats or opportunities for improvement. No transmission of data over the Internet is guaranteed to be completely secure. While we strive to protect your data, it may be possible for third parties not under the control of Mediaplex to unlawfully intercept or access transmissions or private communications. Mediaplex cannot ensure or warrant the security of information you transmit to us. You acknowledge and assume this risk when communicating with Mediaplex. VI. CHOICE AND ACCESS A. Opting Out of Online Advertising Internet Users may opt-out of receiving a unique Mediaplex cookie to disable unique data collection. If an Internet User opts-out, Mediaplex sets a cookie that is generic, the same opt-out cookie as all other users who have opted out of Mediaplex advertising. This generic cookie lets Mediaplex know you have opted out, and you will not receive any future Mediaplex cookies. This opt-out cookie is effective for the life of your hard drive or until you delete the cookie. Click here to opt-out Click here to opt back in to receive Mediaplex advertising In addition, most Internet browsers give you the option of blocking all cookies. For example: § Microsoft Internet Explorer 6.x: In the menu, select Tools-Internet Options. Select the Privacy tab. Move the slider to Block All Cookies. Click OK § Netscape Navigator 7.x: In the menu, select Edit-Preferences. Click the triangle next to Privacy & Security. Select Cookies. Click the Disable Cookies radio button. Click OK. For other browsers, consult your browser’s help or instruction manual. B. Opting Out of Email You can control the email you receive through Mediaplex. To opt-out of emails sent by Mediaplex Clients using MOJO Mail: § Click the unsubscribe link that at the bottom of the email. § Reply to the message with “unsubscribe” in the Subject line or body of the email. If you have attempted to opt out without success, forward a copy of the email you are trying to opt-out of to info@mediaplex.com so that we can investigate and resolve the problem. C. Accessing Consumer Information. Mediaplex does not maintain a process for an individual consumer to review or change PII collected. VII. CONSENT AND CHANGES Changes and updates to this Privacy Policy will be posted on this page with an updated effective date. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of Mediaplex Data prior to the effective date of the policy change unless we provide you direct notice and the opportunity to opt-out of such proposed changes. VIII. CHILDREN'S PRIVACY Mediaplex is sensitive to the issue of children's privacy, and Mediaplex web site, products, and services are not developed for or marketed to children. Children (persons under the age of 18) are not eligible to do business with us and Mediaplex does not collect personal information from children. IX. EMAIL SPAM The ValueClick Group is committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701) which requires advertisers to provide an opt-out mechanism for consumers to unsubscribe from future emails. Mediaplex does not allow clients to use MOJO Mail to send unsolicited commercial email ("UCE" a/k/a spam). MOJO Mail may only be used for communications to Internet Users who have opted-in to receive the Client’s email marketing messages. X. SAFE HARBOR The European Union (“EU”) maintains strict privacy laws. These rules differ significantly from US laws. To reconcile these differences, the US and the EU have created a SafeHarbor that defines mutually acceptable privacy operations. Mediaplex adheres to the Safe Harbor principals. For more information see www.export.gov/safeharbor. XI. P3P PRIVACY POLICY Mediaplex has implemented the Platform for Privacy Preferences (P3P) Project based on the specifications defined by the World Wide Web Consortium (W3C). The full XML Policy Reference file for Mediaplex website and Mediaplex products may be found at www.mediaplex.com/w3c/p3p.xml. For more information see www.w3c.org/p3p. XII. DIGITAL POLICY FORUM ValueClick, Inc. is a member of the Digital Policy Forum ("DPF"). The DPF is made up of online marketing, analytics, advertising, publishing, and email companies that are committed to examining and developing responses to important privacy and consumer protection issues in emerging media. XIII. LIMITATION OF LIABILITY, THIRD PARTY INFORMATION & LANGUAGE YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER THE PRIVACY OF MEDIAPLEX DATA OR MEDIAPLEX’S PRACTICES IS SUBJECT TO THE PROVISIONS THIS PRIVACY POLICY AND APPLICABLE TERMS AND ANY APPLICABLE CONDITIONS AND POLICIES (WHICH MAY INCLUDE LIMITATIONS ON DAMAGES AND/OR ARBITRATION OF DISPUTES). YOU AGREE THAT MEDIAPLEX’S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE GREATER OF THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY MEDIAPLEX OR $250 TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY OUR TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND THAT ANY ACTION ARISING FROM OR RELATED TO THIS POLICY WILL BE EXCLUSIVELY VENUED IN A STATE OR FEDERAL COURT SITUATED IN EITHER SAN FRANCISCO COUNTY OR LOS ANGELES COUNTY, CALIFORNIA. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. XIV. CONTACT US For more information or if you have questions or concerns regarding the ValueClick Group Privacy Policy, please email us at: info@mediaplex.com or you can send correspondence to the following address: Mediaplex, Attn: Privacy Officer, 30699 Russell Ranch Road, Suite 250, Westlake Village, CA 91362. |
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