Privacy Policy

Oxbow Social Media Monitoring, LLC
March 10, 2015

This privacy policy applies to all information gathered by Oxbow Social Media Monitoring, LLC, an Ohio limited liability company (“we,” “us,” “our,” etc.), from users (“you,” “your,” “parent(s),” “guardian(s),” “children” etc.) of our Oxbow mobile application services and the related website(s), to the extent applicable (collectively, “Service”). This Privacy Policy applies only to the Service. It does not apply to any third party services linked to our site, to the extent applicable, or offline activities related to our services.

We urge you to read this Privacy Policy in its entirety so you will understand all of the practices and procedures we follow relating to your online privacy. In this Privacy Policy, we will inform you about the type of information that is collected about you on this Service, how it is collected, what it will be used for, and to whom it will be given.

This policy will also tell you how to limit our use of your personal information. This Privacy Policy is incorporated into our Terms of Use and certain capitalized terms are defined in the Terms of Use.

We may need to update this Policy to keep pace with changes in the Service, our business and the law, however, we always maintain our commitment to respect your privacy. We will post any revisions to this Policy, along with their effective date, in an easy to find area of our web site, and we recommend that you periodically check back here to stay informed of any changes.

This Privacy Policy does not apply to the practices of any third-party services, such as Facebook, Instagram, or Twitter that you elect to access or monitor through the Service (the “Supported Platforms”) or to any applications developed by third parties that we do not own or control (“Third-Party Apps”). As an example, the Privacy Policy does not cover any information or other content you can view via the Services on Supported Platforms (but which was not posted there using the Services) or information you provide to Third-Party Apps accessed via the Services. While we attempt to facilitate access only to those Supported Platforms and Third-Party Apps that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of any Supported Platforms or Third-Party Apps. We encourage you to carefully review the privacy policies of any Supported Platforms or Third-Party Apps you access via the Services.

IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING PRIVACY POLICY TERMS, DO NOT USE THE SERVICES.

Purpose & Effect
Your use of the Service is voluntary. You must disclose and we must obtain personal information about you in order to provide you with certain features of the Service. By using the Service or requesting that we provide the Service to you, you are agreeing to disclose certain personal information to us and you authorize us to use your personal information pursuant to the provisions of this privacy policy.

Opt-Out Procedure
You may, of course, decline to submit any personal information through the Service, in which case we may not be able to provide our Services to you. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, please contact us at support@oxbowsmm.com.

You may also stop all collection of information by the Service at any time simply by uninstalling the Service. This may be accomplished by using the standard uninstall process available on your device. To opt-out of all further contact initiated by us, and to forestall our further use or disclosure of your personal information, email us at any time at support@oxbowsmm.com. Opting out of all communication in this manner means that you must discontinue all use of the Service.

Collection of your Personal Information
We may request that you enter certain personal information about yourself, including your email address, full name, and the name of the person(s) you have authority and/or consent to monitor into our Service.

We do not collect any financial information, as all such financial information is maintained by iTunes for users signing up via the iTunes store or Google Play for non-iTunes sign-ups. You can access iTunes’ privacy policy at http://www.apple.com/legal/privacy/en-ww/ and Google Play’s privacy policy at http://www.google.com/intl/en/policies/privacy/.

We may also record information about users’ use of our Service, such as local internet address, click history, the times and dates at which users access our Service, the particular portions of the Service used, and the details of any transactions conducted using the Service. Our servers automatically record information that your browser sends whenever you use the Service. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service.

When you interact with our Service through various social media, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.

Your personal information remains your property at all times, subject to the permissive uses granted hereunder.

How We May Use or Disclose Your Personal Information
We will use your personal information to authenticate your access to our Service. We will only disclose your personal information to third parties in furtherance of transactions into which you elect to enter using our Service or in furtherance of services you request us to perform.

Your personal information will remain solely within our secure system and will not be disclosed to any of our partners, or any other third parties. We may, however, combine your personal information with that of our other users in a consolidated database from which we may extract aggregated information, which is statistical information about our users as a group not containing any personally identifiable information about you or any other individual user. We may disclose the aggregated information referenced above to third parties for their use.

We may use your personal information to contact you to inform you of changes or available enhancements to the Service, or to otherwise communicate with you about issues regarding the Service. To opt-out of all further contact initiated by us, email us at any time at support@oxbowsmm.com.

We may contact you to offer you the opportunity to participate in or avail yourself of new or additional services, which contact may be construed as marketing. You may later opt-out of receiving marketing-related communications from us by sending an email to: support@oxbowsmm.com.

We may disclose your individual personal information if compelled to do so by law, governmental rule or regulation, judicial process, or court order. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on our site.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.

Automatically Collected Information
We may automatically collect and receive certain information from your computer or mobile device, including the activities you perform on or through our Services, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies and/or access tokens, including, without limitation, OAuth tokens (see “Cookies and Related Technologies” below). For example, each time you use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable) (collectively referred to as “traffic data”). We may link this traffic data to your unique Service user ID to better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of our Services, and better understand and market to our customers and website users.

We also make use of non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Services with a view to introducing improvements and improve usability of our Services. This also includes where we track certain metrics. We may share this type of statistical data so that our partners also understand how often people use our Services, so that they, too, may provide you with an optimal experience. Your IP address and other relevant non-identifiable information may be used in order to trace any fraudulent or criminal activity or any activity in violation of the Terms.

Cookies and Related Technologies
We use tracking technology (“cookies” or, in the alternative, “access tokens”) in our Services, including mobile application identifiers and a unique user ID to help us recognize you across different Services. By visiting or using the Services you agree to the use of cookies in your browser and HTML-based emails, and/or access tokens on your mobile device(s).

How We May Use or Disclose Automatically Collected Information
Your automatically collected information will be aggregated with that of our other users in order to provide us with important trend behavior information. The aggregated information will help us analyze and improve the functionality and features of the Service. In addition, we may share automatically collected information with our partners. Any automatically collected information shared with our partners will not contain nor be linked to any of your personal information.

We may transfer our rights relating to your automatically collected information hereunder to a third party by way of merger, acquisition or asset sale.

Data Management and Security
The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to our employees who need to know this information in order to develop, operate and maintain the Service. All of our personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

You may modify your personal information you have disclosed to us by following the applicable instructions on our Service.

This Privacy Policy does not cover the information practices of third party websites linked to the site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective web masters of those websites to obtain information regarding their information collection, use and disclosure policies. When you have clicked on a third party logo or URL displayed on our site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

Some advertisements may be served by third-party advertisers, ad networks and ad servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other websites to serve them interested-based (behavioral) advertising. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Children’s Information
Protecting the safety of children when they use the Internet is very important to us. Our Services should only be accessed by individuals of Minimum Age. “Minimum Age” may mean different ages in different countries, depending on where the individual accesses the services. For reference, “Minimum Age” shall mean 13 years old. However, if applicable law requires that you must be older than such ages in order for us to lawfully provide the Services to you (including the collection, storage, and use of your information in accordance with this Privacy Policy), then the Minimum Age would be such older age.

If you believe that we might have inadvertently collected information from a child under 13 without parental consent, please contact us at support@oxbowsmm.com.

Jurisdiction and Data Storage
Please be aware that content submitted to us will be transferred to a data center in the United States. Further, we reserve and you grant us the right to store and or delete any data submitted to us at any time. If you post information to the Service you are confirming your consent to such information being hosted and accessed in the United States. Privacy laws or regulations in your country may differ from those in the United States, where we operate from and whose laws govern this Privacy Policy. BY USING THE SERVICES, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMIT, FOR YOURSELF AND YOUR PROPERTY, TO THE EXCLUSIVE JURISDICTION OF ANY OHIO STATE COURT OR FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN CUYAHOGA COUNTY, OHIO, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH OHIO STATE OR, TO THE EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT.

Applicable Law & Legal Effect
This privacy policy is subject to all applicable state and federal law regarding privacy, information sharing, and telemarketing, including without limitation Gramm-Leach-Bliley Act, 15 U.S.C. 6802; the California Financial Privacy Act, Ca. Fin. Code. §4050-4060; the Vermont Consumer Protection Act, 8 V.S.A. 10202; and the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. California Civil Code Section § 1798.83 permits users of our Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@oxbowsmm.com. We use good faith efforts to adhere to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information.

This privacy policy constitutes our privacy notice to you under such applicable law. Your use of the Service is permitted only on condition of your agreement with this privacy policy. This privacy policy does not extend to any service other than our Service, including any service you may access by clicking on our Service’s links, or any other party’s use of your personal information other than us. We reserve the right, in our sole discretion, to modify, discontinue, or terminate any element of the Service or to modify this Privacy Policy at any time, without notice to you. Any modifications will be effective as of the date of its posting to our website. Your continued use of our Service thereafter constitutes your assent to such revised privacy policy.

CONTACT
If you have any questions about this Privacy Policy, please contact us at support@oxbowsmm.com, or at (216) 798-8447.

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Oxbow Social Media Monitoring
19071 Detroit Road, Suite 200
Rocky River, Ohio 44116
info@oxbowsmm.com

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