Last revised: May 19, 2014
From time to time, we may offer additional services on the Site or otherwise. These Vindico Services may be subject to additional terms or product requirements (e.g., those required by our Custom Audiences Service) (each, “Additional Terms”) and those Additional Terms supplement these Terms and become part of your agreement with us if you use those Vindico Services (the “Agreement”)
You agree to be bound by the terms of the Agreement, as follows.
You hereby certify that you are either (i) 18 years of age or older, or (ii) you are at least 13 years of age and are using the Vindico Services under the supervision of a parent or legal guardian who has agreed to be bound by the Agreement on your behalf. If you are under the age of 13, you are not permitted to use the Vindico Services.
If we determine that a child under the age of 13 has provided personal information to us, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at firstname.lastname@example.org so that we can delete that information.
USE OF THE SITE
You agree to use the Site in accordance with all applicable laws, rules and regulations, including any export control laws and regulations.
The entire contents and design of the Site and all materials contained on the Site are protected by copyright, trademark and patent law, and/or subject to other intellectual property or proprietary rights. All rights are retained and reserved by Vindico. This means that you may only use the Site for personal, non-commercial use.
You may not copy, republish, upload, post, display, transmit, duplicate, link to, scrape, mirror or frame any content or materials on this Site without prior written consent from Vindico. You are also strictly prohibited from creating works or materials that derive from or are based on the content, materials or services contained on the Site.
The Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Vindico’s control, and Vindico is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Vindico Services are provided on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis. Except as otherwise expressly set out in these Terms or in the agreement, Vindico and its suppliers or partners, to the fullest extent permitted by law, are not providing you with any warranties, representations and/or endorsements of any kind, either express or implied, with respect to the vindico services, including without limitation, the Site, its content, materials and any services (iNCLUDING ANY OF THE FOREGOING THAT MAY BE LINKED FROM THE SITE). YOUR USE OF THE VINDICO SERVICES, INCLUDING THE SITE, its content, materials and any services IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, Vindico, its affiliates, its suppliers, its partners, AND ITS CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO the vindico services, including without limitation, THE Site, its content, materials and any services. to the extent that any law prohibits the foregoing exclusions, you acknowledge that the total liability for Vindico, ITS AFFILIATES, its suppliers, ITS partners, AND ITS CONTRACTORS under THIS AGREEMENT is limited to ONE HUNDRED U.S. DOLLARS (USD$100).
In no case shall Vindico, its afiiliates, its suppliers, partners, OR CONTRACTORS be liable for any loss or damage that is not foreseeable.
You agree to defend, indemnify and hold harmless Vindico, its affiliates, suppliers, partners and contractors, and their respective officers, directors, employees and agents, from and against all liabilities, claims, damages, suits, judgments and expenses, including, without limitation, attorney’s fees, resulting from (i) your use of the Vindico Services; (ii) your submission of materials to Vindico or (iii) any other person’s use of any account that you control on the Site or within the Vindico Services.
INTELLECTUAL PROPERTY INFRINGMENT CLAIMS
Vindico respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please send this information, or any other notices or allegations of intellectual property infringement involving Vindico, to:
4 Park Plaza, Suite 1500
Irvine, CA 92614
Attn: Legal Department
GOVERNING LAW; DISPUTE RESOLUTION
The laws of the State of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes relating to this Agreement. You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any such dispute. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in Los Angeles or Orange County, California, in our discretion. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive damages. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against us in violation of this paragraph, you agree to pay our reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
Any dispute must be filed within one (1) year of the time that the claim forming the basis of such dispute arises, otherwise your claim will be barred forever.
If any of the provisions of this Agreement are held unenforceable, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain their full force and effect. Headings are for reference purposes only. This Agreement, including these Terms, and any relevant Additional Terms that you have agreed to be bound by, constitute the entire agreement between you and Vindico with respect to the Vindico Services.
Our failure to act with respect to a breach by you of any part of the Agreement does not waive any rights we may have, including the right to act in the future.
You agree that information related to your use of the Vindico Services may be subject to legal process. Information and data that you submit to Vindico through the Vindico Services may be subject to legal process, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Vindico will comply with all applicable legal obligations in making such information available. You acknowledge and agree that, unless required by law, Vindico has no obligation to give you notice of any legal process that may result in any information related to your use of the Vindico Services being produced, discovered or otherwise disclosed.
No joint venture, partnership, employment or agency relationship exists between you and Vindico as a result of these Terms or your use of the Site.
- Financial and Health Interest-Based Segments
- Key Terms
- Additional Information:
We take the issue of user privacy on the internet very seriously. The following is intended to be a plain English explanation of our practices.
- The information we collect and how we collect it.
- How we use that information.
- How we share information.
- The choices we offer, including how to opt-out of interest-based advertising.
If you are not familiar with terms like cookies, IP addresses and pixels, we suggest that you read about these and other key terms first.
I. Information we collect
We receive and collect information in order to provide and improve our services, such as to serve ads or provide content that is more relevant to users.
We collect information in a number of ways, including the following:
- Information you give us. We may collect information that you provide to us yourself through one of our corporate websites, for example, when you sign up to receive our email distributions, inquire about or sign up for one of our services or apply for a job through our websites. Many times, the information you provide includes personal information, like your name, email address, telephone number or credit card.
- Information we get from your use of or interaction with our services. We receive and collect information when you use our services or otherwise interact with our advertising, analytics and other services. This interaction may occur on websites owned or controlled by us or by third-parties, supported mobile devices, consumer electronics devices, and on other online or technical mechanisms or devices. The information we collect includes:
- Request-based information. Request-based information is passed to us by your computer browser, mobile device or other consumer electronics device automatically each time you interact with websites, platforms, applications or devices that use our advertising, analytics or other services. Request-based information may include:
- browser type (e.g., Microsoft Internet Explorer, Mozilla Firefox, or Apple Safari)
- device hardware model, operating system (e.g., whether you are using a device running Microsoft Windows, Android, Mac OS, iOS, etc.) and unique device identifiers
- IP (internet protocol) address, including whether multiple devices have connected to the internet from the same IP address or a single device has connected to the internet from multiple IP addresses
- Web browsing information. We collect information about which websites you have interacted with, including the web address of the page where you interact with our advertising or other services and the URL of the webpage that referred you to that page. We also collect information about the subject matter of those websites and other information on your’ interaction with those websites, including the specific content and advertising you consume and interact with on those websites.
- Performance information. We monitor the sales, signups or visits to certain predetermined pages on our partners’ websites. We reconcile these page ‘hits’ back to the ads that were shown to allow us to manage advertising campaign delivery, and report on this to our partners.
- Session information. Session information relates to user, campaign, and interest-based history and is used for frequency capping and interest-based delivery of advertising and other content. Session information is gathered in a number of ways, including from the website visited, mobile or other digital platform application, and clicks registered by the ’applicable device.
- Log information. When you use our services or view our ads or other content provided by us, we may automatically collect and store certain information in server logs. This may include:
- Information from affiliates and third parties.
- Information from third parties. We partner with third-parties to improve our services and to allow us to provide services through mobile and other consumer electronics devices. These third parties may provide us with certain information, including automatically collected information such as IP address, device type, operating system, and, in some cases, a unique identifier, as well as location-based data such as Wi-Fi, cell tower, GPS or diagnostic location information, contextual information, and demographic information including age, gender and zip code.
II. How we use the information we collect
A. Personal information you give us
B. Information that we collect through your use of our and our affiliates services and the internet or that we otherwise receive from our affiliates and third parties
We use the information we collect to improve our services and to deliver a more personalized web experience. This includes providing advertising and content that we believe is more relevant to you and providing more accurate analytics and reporting to our clients and partners.
The information that we collect and receive may be used for purposes including:
- to operate and improve our services, including to create interest-based and other use-based advertising segments, to provide more personalized advertisements, to more precisely direct advertising to you and to present offers, products and programs to you on our behalf and on behalf of our business partners
- to fulfill your requests for products, programs, and services
- to communicate with you and respond to your inquiries
- to conduct research about and analyze your use of our services
- to provide reporting to our partners about the performance of our advertising, analytics and other services
Moreover, information we obtain from third parties about you may be appended to information that we otherwise have about you in order to improve the products and services we provide or for other business purposes.
C. Public Information
III. How we share your information
A. To deliver services
In order to facilitate our delivery of advertising, analytics and other services, we may use or share the information we collect, including interest-based segments and user interest profiles containing demographic information, location information, gender, age, interest information and information about your computer, device, or group of devices, including your IP address, with our affiliates and third parties, such as our service providers, data processors, business partners and other third parties.
B. With third party clients and partners
Our online advertising services are used by advertisers, websites, applications and other companies providing online or internet connected advertising services. We may share information, including the information described in section III.A. above, with our clients and partners to enable them to deliver or facilitate the delivery of online advertising. We strive to ensure that these parties act in accordance with applicable law and industry standards, but we do not have control over these third parties. When you opt-out of our services, we stop sharing your interest-based data with these third parties. Click here for more information on opting out.
C. To protect or comply with our legal rights and obligations
D. To complete a merger or sale of assets
E. With your consent
We may also share your information, including your personal information, when we have your consent to do so.
IV. Your choices
A. Interest-based advertising opt-out
We offer an “opt-out cookie” to block the placement of our behavioral advertising cookies on your system for five years from the time you opt out. When we detect our opt-out cookie on your browser, we do not serve you with interest-based advertising. The opt-out cookie is browser and device specific. Therefore, if you use multiple devices, multiple browsers or have multiple users on a single device, you will need to perform the opt-out operation for each device, browser and user. If you delete your cookies, change browsers, or use a different device, you will need to opt-out again. Browser settings that block all cookies may prevent this opt-out from operating correctly and certain privacy software may delete the opt-out cookie or cause it to function incorrectly. Furthermore, the opt-out cookie is not effective on devices that do not accept or otherwise support cookies. such as iOS based mobile devices, internet connected televisions and other non-cookie based connected devices and applications.
You may install our opt-out cookie by clicking the button below:
Please note that if you choose to opt-out of interest-based advertising, it does not mean you will no longer receive advertising on the internet. However, it does mean that the display advertising you see will not be behaviorally targeted by us to your interests or preferences, so long as the opt-out cookie remains in place. Further, except for the specific restrictions noted above, our opt-out cookies do not otherwise prevent us from continuing to collect, maintain or use information as described herein.
B. Platform and App-Based Opt-Out
Opting out of behaviorally targeted advertisements associated with PC, mobile, or other digital platform applications (also referred to as “apps”) and internet connected devices, such as iOS based mobile phones, internet connected televisions and other non-cookie based connected device platforms, requires a different process than opting-out of browser-based behavioral targeting. Opting-out in this context requires you to follow the process implemented by the application owner, platform device manufacturer, or third-party advertising network partners that control the placement of ads on the relevant app, device or other platform. Opting out on these apps, devices and platforms is a third-party process, and we take no responsibility for the actions or inactions those third parties with their respective opt-out mechanisms, if any.
C. Unsubscribe Opt-Out
D. Other important information and links
Specific Media and Vindico are members of the Network Advertising Initiative (NAI). The NAI is a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards. For more information, please visit www.networkadvertising.org.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk.
VI. Health and financial related information
We create non-sensitive health and financial related interest-based segments as part of our services, including general interest-based segments such as “Health::Medical Centers” and “Finance::Insurance,” and custom interest-based segments such as “Health::Dieting::Acai Berry” and “Health::Contact Lens.” However, we recognize that consumers may have differing opinions regarding which data segments are sensitive. Therefore, we encourage you to click here for a list of our general health and financial related interest-based segments. We do not useinterest-based segments to determine credit worthiness or for insurance underwriting or employment eligibility purposes.
VII. Children’s privacy
We are very sensitive to the importance of children’s privacy. Our websites, products, and services are neither developed for, nor directed at, children. We do not knowingly employ or offer services or target advertising towards or collect information from children under the age of 13. Although we make reasonable efforts to ensure that children do not use our services and are not behaviorally targeted (i.e., we do not knowingly provide targeted advertising to partner websites whose audience is comprised of primarily children under the age of 13), we cannot guarantee that your child will not be exposed to advertising provided by us, or that we have not received information related to your child’s online activities. If you believe your child has provided us with personally identifiable information, or registered at one of our websites, please contact us at email@example.com to have the data provided by and associated with your child deleted.
VIII. Storage in the United States
IX. Data retention
We retain information that we collect and receive in non-aggregate form for as long as is reasonably necessary for the purposes for which it was collected, which in many cases is 12 months or less from your last interaction with our products or services, unless a longer retention period is required by law or is necessary in order to comply with regulatory audits, court orders, legal proceedings, or law enforcement requests.
XI. Specific product practices
XII. Questions and comments
Interactive Media Holdings, Inc.
4 Park Plaza, Suite 1500
Irvine, CA 92614
The Advertising Option Icon is a specific symbol created by participating trade associations of the Self-Regulatory Principles for Online Behavioral Advertising intended to enrich the consumer online experience.
The websites you visit work with online advertising companies to provide you with advertising that is as relevant and useful as possible. Some of the online ads you are served may be based on the content of the web page you’re visiting and other ads may be customized based on predictions about your interests generated from your visits to other websites.
Participating associations for this program include:
How does it work?
Companies who serve behavioral advertising will use this icon on advertisements, where data is collected and used for behavioral advertising. The Advertising Option Icon will normally be placed at the top right of each online advertisement. The icon will link to a disclosure statement regarding the data collection and use practices associated with that ad and an easy-to-use consumer choice option.
How does online behavioral advertising work and what choices do I have?
Learn more at www.aboutads.info.
Who placed this ad?
If you clicked on the AdChoices link and it brought you to this web page, we want you to know that Vindico served this ad for the advertiser.
Where can I learn more about what information Vindico collects and how it is used?
Click here to learn about Vindico’s privacy policies.
What choices do I have about Interest-based advertising from Vindico?
Opt-out of receiving personalized advertising from Vindico.
Vindico is the first ad management platform dedicated to video and sits at the center of the digital video ad eco-system. Born in the video space, Vindico is developed to address the problems and needs of brands and agencies. Our mission since the beginning, was to create an easy and safe place for brands to tell their best story. As the trusted partner for both the buy- and sell-side, Vindico proudly offers an integrated, end-to-end platform to solve for the challenges and needs the entire industry faces. To complement our cutting-edge technology, we have dedicated people who provide our clients a fully-managed service. Technology and people equal a powerful combination and a great partner for your needs.
Vindico is proud to be a member of the following industry organizations who support the AdChoices program that gives consumers enhanced control over the collection and use of data regarding their web viewing for online behavioral advertising purposes.
- Financial and Health Interest-Based Segments
- Key Terms
- Additional Information:
- Embedded script
- Interest-based segment
- IP address
- Non-personal information
- Personal Information
- Server Logs
- Unique identifier
- User Panel
- Web Crawler
A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
An embedded script is programming code that is designed to collect information about the way an advertisement displays on a website. The code is temporarily downloaded onto a user’s device from our web server or a third party web server, is active only while you are connected to a particular website, and is deactivated or deleted thereafter.
A user or group of users categorized on the basis of preferences or interests inferred from the data we collect and receive that are used as a basis for displaying advertisements and other content intended to be more relevant and useful to the user or users. Examples include “AUTO :: Auto In-Market MASTER,” “TRAVEL :: Travel In-Market MASTER” and “SPORTS :: Sports Enthusiasts.”
Every computer connected to the internet is assigned a unique number known as an internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, and in many cases a more precise location, from which a computer is connecting to the internet.
This is information that you provide to us that personally identifies you, such as your name, email address, billing address and credit card information.
A pixel, also known as a pixel tag or web beacon, is a small snippet of code embedded in a website. Pixels allow a website to transfer or collect information through a graphic image request. Pixels can be used count site visitations and conversions, gather broad-based user interest data, transmit to and receive information from third parties, deliver, read and write to cookies and for other purposes connected to the provision of advertising, analytics or other services.
Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
A unique identifier is a string of characters that is used to recognize a user’s device, browser or other platform. Unique identifiers may be used in conjunction with or separate from cookies, including on platforms (e.g., certain mobile devices) where cookie technology is not available.
Panel of internet users that agree to anonymous recording of their ad exposure activity as they browse the web and are exposed to video and display advertisements in exchange for free software and services such as browser toolbars, games, and applications that provide information services such as weather, travel, news.
A sophisticated bot that renders webpages as a user would in order to analyze the page content and how ads deliver to users on a given webpage.
- Financial and Health Interest-Based Segments
- Key Terms
- Additional Information:
Finance :: Banking
Finance :: Business Services
Finance :: Credit Cards
Finance :: Financial Information & Advice
Finance :: Insurance
Finance :: Mortgages
Finance :: Personal Finance
Finance :: Taxes
Health :: Dieting
Health :: Health Information
Health :: Health Insurance
Health :: Medical Centers
Health :: Pharmaceuticals & Prescription Drugs