nFluence

Privacy Policy

Last Revised: March 2, 2012

Terms of Use

This Privacy Policy ("Policy") explains how personal information about you is collected, used and disclosed by nFluence Media, Inc. ("nFluence") when you use any website, mobile website or applications of nFluence that links to this Policy (collectively the "Sites"). We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by updating the "Last Revised" date at the top of the Policy. We encourage you to review this Policy from time to time to make sure that you understand how any personal information you provide will be used and shared.

What Is Personal Information?

As used herein, the term "personal information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address or credit card number) or information about an individual that is directly linked to personally identifiable information. Personal information does not include "aggregate" information, which is data we collect about the use of the nFluence Sites or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection, use and disclosure of aggregate information.

What Information Do We Collect?

Active Collection

We collect information from you in various ways when you use our Sites. For example, we collect information you voluntarily provide to us, such as when you create an account or advertar(s), provide comments about specific brands or stores, send us an email, fill out a form or request information. Such information may include personal information, such as your name, email address, photos, brand preferences, information about the ads you like, dislike, click on, save and/or share with others, and other contact information you choose to provide. We may also collect your location information, demographic information and information about your brand preferences if you choose to provide such information.

Passive Collection

When you use our Sites, some information may also be automatically collected, such as your Internet Protocol (IP) address, unique device identifier ("UDID"), browser type, browser language, and access times etc. We may also automatically collect your location information if you consent to such collection. We may treat the foregoing information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it may be used in the aggregate only.

We may automatically collect certain information through the use of cookies or other information collection technologies that enable us to collect certain information and monitor user activity. Among other things, cookies help us improve our Sites and your experience. If we link cookies to any personally identifying information, may treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer or manufacturer of other related software to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services of our Sites.

How Do We Use the Personal Information We Collect?

We may use the personal information we collect for the purposes described in this Policy or for purposes elsewhere on our Sites. For example, we may use personal information:

We may store and process personal information in the country from which it was collected, in the United States and other countries.

What Personal Information Do We Share With Third Parties?

We will not share the personal information we collect from you with third parties, except as described in this Policy. For example, we may share personal information as follows:

You understand that when you use the Sites, information you post in any profile, comments, forums and other interactive features of the Sites, as well as any information you share with individuals through the mobile application or through social network sites, will be available to other users and in some cases may be publicly available (e.g., when you choose to display an ad you "like" on Facebook or Twitter).

We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing/selling of aggregated or anonymized information, which may be shared/sold with third parties without your consent.

Links to Other Websites

Our Sites contain links to third party websites. For example, when you click on third-party advertisements, deals, promotions and offers we provide to you (collective "Offers"), you may be taken to the website for the company that is making such Offer. Any personal information you provide to a third party website is provided directly to that third party and is subject to that third party's privacy policy. This Policy does not apply to third party websites, and we are not responsible for the content or privacy and security practices and policies of those websites. We encourage you to learn about third parties' privacy and security practices and policies before providing them with personal information.

Safe Harbor Program

With respect to data transferred from the European Union to the United States as part of our service we adhere to the Safe Harbor Program jointly developed by the European Union and the United States (see http://www.export.gov/safeharbor/ for more information). We collect, use, disclose and protect users', employees' and our independent contractors’ information in accordance with the Safe Harbor Privacy Principles. If you believe that we have not handled your personal information in conformance with these Principles, you may direct your complaints to our internal grievance processor at SafeHarbor@nfluence.com or to:

Direct Marketing Association
Attn: Safe Harbor Program
1615 L St, NW Ste 1100
Washington, DC 20036-5624
safeharbor@the-dma.org
http://www.dmaresponsibility.org/SafeHarbor/consumers.shtml

To learn more about the Safe Harbor program, and to view nFluence media, inc.’s certification, please visit http://www.export.gov/safeharbor/

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to help protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction.

What Choices Do You Have Regarding the Use of Your Information?

You may "opt out" of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at privacy@nfluence.com. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations. You may opt out of further collection of you location information by requesting we delete your account by emailing privacy@nfluence.com.

You may also change your contact preferences by requesting that we update, change or delete your information by emailing privacy@nfluence.com.

Contact Us

nFluence Media, Inc.
999 N. Northlake Way
Seattle, WA, 98103
(571) 354-7273

Terms of Use

Privacy Policy

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND NFLUENCE MEDIA, INC. ("NFLUENCE") FOR THE USE OF ANY WEBSITE, MOBILE WEBSITE OR APPLICATION OF NFLUENCE (COLLECTIVELY THE "SITES") THAT LINK TO THESE TERMS OF USE. BY CLICKING THE "I ACCEPT" BUTTON OR USING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

BY DOWNLOADING THE APPLICATION OR USING THE SITES, YOU CONSENT TO THE COLLECTION AND USE OF LOCATION-BASED DATA AS DESCRIBED IN SECTION 5 BELOW AND IN THE PRIVACY POLICY LOCATED AT NFLUENCE.COM. YOU MAY OPT OUT OF FURTHER COLLECTION AT ANY TIME BY UNINSTALLING THE APPLICATION.

  1. Service. The Sites collect information that you provide or permit to be collected. nFluence uses that information to provide you with information about third-party advertisements, deals, promotions and offers (collectively, "Offers") that we believe will be of interest to you (the "Service"). The Service also may allow you to share certain information about such Offers with your friends and other third parties, including through social media platforms.

  2. License. Subject to the terms, conditions and limitations set forth in these Terms of Use, nFluence grants you a non-exclusive, non-transferable license to use the Sites and the Service. The terms of the license will also govern any upgrades provided by nFluence that replace and/or supplement the Sites and Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  3. Limitations. You agree not to do, or authorize or permit any third party to do, any of the following: (i) distribute or make the Sites or the Service available over a network where they could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense any portion of the Sites or Service; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Sites, any updates, or any part thereof (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (iv) modify, alter or create any derivative works of the Sites or the Service; or (v) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Sites or the Service. If you violate any of the foregoing restrictions, your use of the Sites and the Service will be unlicensed and will infringe the copyright and other rights of nFluence and/or third parties, which may subject you to prosecution and damages. nFluence reserves all rights not expressly granted to you herein.

  4. Eligibility. You must be 13 or older to use the Sites and the Service. Any use of the Sites or the Service by children under 13 is unauthorized and in violation of these Terms of Use. By using, accessing or downloading the Sites or the Service, you represent and warrant that you are at least 13 years of age. You may not permit children under the age of 13 to access your account, and you accept full responsibility for any unauthorized use of the Sites or Service by children under 13.

  5. Consent to Use of Data and Mobile Communications. You agree that nFluence may collect and use location data, technical data and related information in connection with your use of the Sites, including but not limited to location information, device type, the unique device identifier ("UDID") for your mobile device and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the features and functionality of the Sites and of software updates, product support and other services. Location information will only be collected if you provide it or agree to permit such collection. We use your location information to provide the Service, including to create and/or aggregate data from which your personally identifiable information has been removed or obscured for the purpose of providing location-sensitive advertising. This aggregate information may be shared with advertisers or other third parties. You also consent to our communicating with you about the Sites and the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.

    You consent to the transfer of your user data, personal information, location information, or any other information we collect about you to our servers in the United States or in other countries for the purpose of delivering the Sites and Service to you.

  6. Third Party Sites and Materials. The Sites may provide links to third party websites, and may also display, link to or otherwise make available third party content, data, information, events, applications or materials ("Third Party Materials"). nFluence does not endorse or control and makes no representations or warranties of any kind regarding any Third Party Materials, including regarding the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, or any other aspect thereof. If you access or use any third party website, you should be aware that nFluence's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the Sites.

  7. Third-Party Advertisements, Promotions, Products and Services. nFluence may run advertisements or provide information regarding or links to third party Offers or may otherwise provide information about or links to third-party products or services. Such Offers, third party products and services and your business dealings or communications with, or participation in Offers of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or Offers, are solely between you and such third party. nFluence is not responsible or liable in any manner for any such Offers, for any third party products or services or for any loss, damage or harm of any sort incurred as the result thereof. nFluence does not endorse, recommend, approve or control any such third parties or any third party Offers, products or services.

  8. Third Party Interactions. Your use of the Sites and the Service and your contact, interaction, or dealings with any third parties arising out of your use of the Sites and Service is solely at your own risk. You acknowledge and agree that nFluence is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Sites or the Service, including from any contact with third parties who you may interact with in connection with your use of the Sites or the Service.

  9. User Content and Conduct. The Sites and Service may include features which allow you or other users to upload, post or send photos, text, messages, data, information, or other content ("User Content"). Users are solely responsible for all User Content they upload, post or send to or through the Sites, or that are uploaded, posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. You further agree that nFluence is not in any way responsible for the conduct or content of other users that you may encounter as a result of using the Sites or Service.

    You agree not to upload, post, send or otherwise publish through the Sites any of the following:

    1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

    2. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any third party or violate any local, state, national or international law;

    3. Viruses, corrupted data or other harmful, disruptive or destructive files;

    4. Code, script, or other software designed to automate any functionality on the Sites or Service without nFluence's express written consent;

    5. Unsolicited commercial messages (spam), chain messages, or other content designed to deceive, trick, or mislead other users of the Sites or the Service; and

    6. User Content that restricts or inhibits any other person from using or enjoying the Sites or the Service or which may expose nFluence or its users to any harm or liability of any type.

    nFluence takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party.

    Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at nFluence's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.

    Although nFluence has no obligation to screen, edit or monitor any of the User Content, nFluence reserves the right, and has absolute discretion, to screen, monitor, edit or remove any User Content at any time and for any reason without notice. You grant nFluence and its affiliates a nonexclusive, royalty-free, fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, perform and display any User Content you post in connection with the Sites and the Service, along with any information such as a name, email address, phone number, advertar name etc., that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features in the Sites does not imply any endorsement of such feature or of the Sites, the Service or nFluence, unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and © use and posting of the User Content you supply does not violate these Terms of Use and will not violate any third party rights, including intellectual property rights, or cause injury to any person or entity.

  10. Ownership. The Sites and the Service contain the valuable proprietary content of nFluence and its licensors and are protected by copyright and other intellectual property laws and treaties. You agree not to use the Sites or the Service except in their intended manner in accordance with these Terms of Use.

  11. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, nFluence has adopted a policy of terminating, in appropriate circumstances and at nFluence's sole discretion, users or account holders who are deemed to be repeat infringers. If you believe that anything in the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

    Name of Agent Designated to Receive Notification of Claimed Infringement: D. Sakata

    Full Address of Designated Agent to Which Notification Should be Sent: nFluence media, Inc., 999 N. Northlake Way, Seattle, WA 98103

    Telephone Number of Designated Agent: (571) 354-7273

    E-Mail Address of Designated Agent: dmca@nfluence.com

    Please see 17 U.S.C. §512©(3) for the requirements of a proper notification.

  12. Termination or Modification of Application or Service. nFluence reserves the right to change, suspend, remove, discontinue or disable access to the Sites or the Service at any time without notice. In no event will nFluence be liable for the removal of or disabling of access to any portion or feature of the Sites or the Service.

  13. Termination. Either party may terminate these Terms of Use at any time for any reason or for no reason immediately upon notice. nFluence may also discontinue the Sites, in which case these Terms of Use shall terminate automatically without notice. In the event of the termination of these Terms of Use for any reason: (a) the license granted to you in these Terms of Use will terminate; (b) upon receiving any notice of termination, you must immediately cease all use of the Sites and destroy or erase any copies in your possession or control; and © sections 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of these Terms of Use shall survive any such termination. Any use of the Sites after termination is unlicensed and is in violation of the copyright and other rights of nFluence.

  14. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NFLUENCE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES AND THE SERVICE, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NFLUENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES OR THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY NFLUENCE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

  15. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NFLUENCE BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL NFLUENCE'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  16. Export Limitations. You may not use or otherwise export or re-export the Sites except as authorized by United States law and the laws of the jurisdiction in which the Sites were obtained. In particular, but without limitation, the Sites may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Sites, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Sites for any purposes prohibited by United States law or the laws of other countries in which you are using the Sites, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

    US Government Rights. The Sites and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

    Governing Law; Venue. The laws of the State of Washington, excluding its conflicts of law rules, govern your use of the Sites and Service. Your use of the Sites and Service may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Sites, the Service or these Terms of Use shall be filed only in the state and federal courts located in King County, Washington, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

  17. ADDITIONAL END USER LICENSE AGREEMENT ("EULA") TERMS APPLICABLE TO IPHONE, IPOD TOUCH AND/OR IPAD APPLICATIONS

    Notwithstanding anything to the contrary set forth above, the following additional terms shall apply to any Applications downloaded for use on the iPhone, iPod Touch or iPad:

    1. Acknowledgement: You acknowledge that these Terms of Use are concluded solely between you and nFluence, and not with Apple. nFluence, not Apple, is solely responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Application, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.

    2. Scope of License: The license granted to you is limited to a non-transferable license to use the Applications on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

    3. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

    4. Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Applications. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of nFluence. However, you understand and agree that in accordance with the EULA, nFluence has disclaimed all warranties of any kind, and therefore, there are no warranties applicable to the Sites and Service.

    5. Product Claims: You acknowledge that as between Apple and nFluence, nFluence, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user's possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    6. Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the Application or the end-user's possession and use of that Application infringes that third party's intellectual property rights, nFluence, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the EULA.

    7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    8. Developer Name and Address: Any end-user questions, complaints or claims with respect to the Application should be directed to:

      nFluence Media, Inc.
      999 N. Northlake Way
      Seattle, WA, 98103
    9. Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof).

    10. Miscellaneous: All copyrights for the Sites are owned exclusively by nFluence media, Inc. Technologies used in the Sites are patent pending.

      nFluence™ and dealBoard™ are trademarks of nFluence media, Inc. All other brand names, product names and logos featured in this application are used for general consumer informational purposes only and are the property of their respective owners. Neither nFluence nor its software application and the products and services offered through this application are associated, affiliated, endorsed, or sponsored by said owners.