Advertising Privacy Policy

NinthDecimal Advertising Privacy Policy

Effective Date: 09/10/12

Introduction

This privacy policy applies to NinthDecimal, Inc.’s (NinthDecimal, we, us, our) advertising solution. This privacy policy describes how NinthDecimal collects and uses the information we obtain from our WiFi network partners as well as our third-party mobile application partners. It also describes the choices available to you regarding our use of your information.

NinthDecimal is a location-based media company that provides an advertising platform and revenue model for public Wi-Fi networks and mobile applications. NinthDecimal partners with these services to bring advertising revenue into their services, so they have additional income to provide great public Wi-Fi access and useful mobile applications for the on-the-go lifestyle.

We work only with public Wi-Fi networks that you have opted in to connect to and with mobile applications that have received your permission before your device transmits any location information.

NinthDecimal has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your information.  The TRUSTe program does not cover information that may be collected through downloadable software.  The TRUSTe program covers only the information that is collected by NinthDecimal through their WiFi network partners and third-party mobile application partners.

TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at [email protected].  If you are not satisfied with our response you can contact TRUSTe here.

Laptops and mobile device on Wi-Fi: Every public Wi-Fi access point in the NinthDecimal network is mapped in our system. When you connect to the hotspots, our servers know the location of the public Wi-Fi access point. In that way, we are able to serve you ads that are relevant to what is currently around you.

Mobile device: If you agree to share your location when you sign into an app, that information can be shared with NinthDecimal when an ad is shown on your screen. NinthDecimal works only with apps that offer you the ability to opt-out of having your location data collected.

NinthDecimal knows you value your privacy and we pledge to protect it and adhere to industry standards for Internet and mobile advertising. We take privacy very seriously and the company does not sell, rent or share any personally identifiable information.

Information Collection

We use cookies and web beacons to collect information in connection with visitors to our partner Wi-Fi networks and mobile applications.

Cookies are small pieces of information stored on your device with information about your visit to a particular site. We use both session ID cookies and persistent cookies. Session ID cookies are erased when you close your browser. A persistent cookie is a small file stored on your device for an extended period of time. Persistent cookies enable us to track and target the interests of users to enhance their experience.

Web beacons are invisibly embedded electronic images and are about the size of the period at the end of this sentence. These technologies help us to deliver cookies, count visits, and understand usage activity of users.

We automatically collect and receive information about visitors such as, but not limited to, browser identifiers, session information, browser cookies, device type, carrier provider, IP addresses, unique device ID (such as MAC address), carrier user ID, geo-location information, sites visited and clicks on advertisements we display.

How We Use and Disclose Information
NinthDecimal uses the collected information to target and display advertisements that may be of interest to you.

We may provide the collected information to our subsidiaries, third party partners and agents to improve advertisement targeting, make and create offers, provide reporting to advertisers and clients, and to improve our systems and products.

Opting Out
If you wish to not have the information we collect used for the purpose of serving you targeted ads while you access the networks of our WiFi partners, you may opt-out by clicking here.  If you wish to not have the information we collect used for the purpose of serving you targeted ads while you access the third-party applications of our mobile partners, you may opt-out by selecting the Ad_Choices icon within the advertisement and following the instructions.  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

If you want to completely turn off location-based services on your iPhone, iPad or Android device, see these helpful instructions at www.ninthdecimal.com/mobile privacy. By turning off the location-based services, you will lose all the benefits of location-based advertising on your phone.

Security

We follow generally accepted standards to protect the information we collect, both during transmission and once we receive it.  No method of transmission, or method of electronic storage, is 100% secure, however.  Therefore, we cannot guarantee its absolute security.

How long is the data stored?
NinthDecimal retains the data it collects through its advertising solution for a period of up to 2 and a half years.  After this time the data is anonymized, aggregated and then stored for analytical purposes.

Tracking of children
NinthDecimal does not knowingly track the personally identifiable information of people under the age of 13 or knowingly track information from sites directed to people under the age of 13.

Updates to privacy policy
We may change or update our privacy policy at our discretion. If we make changes to this Privacy Policy, we will notify you by posting a prominent announcement on our Site so that any changes are easy to find. We will obtain your consent before making any material changes to information we collect and the manner in which we use it. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Questions? If you have a question or issue with the NinthDecimal Privacy Policy please send an email to [email protected] or you can send us a letter to: NinthDecimal, Inc., Attn: Privacy Policy Manager, 150 Post Street, Suite 500, San Francisco, CA, 94108.

Website Privacy Policy

NinthDecimal Website Privacy Policy

Effective Date: 03/30/12

Introduction

This privacy statement applies to www.ninthdecimal.com owned and operated by NinthDecimal, Inc. (NinthDecimal, we, us, our). This privacy statement describes how NinthDecimal collects and uses the personal information you provide on our web site: www.ninthdecimal.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

NinthDecimal is a location-based media company that provides an advertising platform and revenue model for public Wi-Fi networks and mobile applications. NinthDecimal partners with these services to bring advertising revenue into their services, so they have additional income to provide great public Wi-Fi access and useful mobile applications for the on-the-go lifestyle.

We work only with public Wi-Fi networks that you have opted in to connect to and with mobile applications that have received your permission before your device transmits any location information.

NinthDecimal has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. The TRUSTe program covers only information that is collected through this Web site (www.ninthdecimal.com).

TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at [email protected]. If you are not satisfied with our response you can contact TRUSTe here.

  1. Information Collection and Use

We collect the following personal information from you

  • Contact Information such as name, email address, mailing address, phone number

We also collect the following information from you

  • Information about your business such as company name

We use this information to

  • Assess the needs of your business to determine suitable products
  • Send you requested product or service information
  • Respond to customer service requests
  • Administer your account
  • Send you newsletters and marketing communications
  • Respond to your questions and concerns
  • Improve our Web site and marketing efforts
  • Conduct research and analysis
  1. Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as sending email communications to you on our behalf. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information:

  • as required by law, such as to comply with a subpoena, or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • if NinthDecimal is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • to any other third party with your prior consent to do so.
  1. User Access and Choice

If your personally information changes, or if you no longer desire our service, you may correct, update, or request the deletion/removal of it by contacting us via one of the methods listed below. We will respond to your request to access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us via one of the methods listed below.

  1. Tracking Technologies / Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. A persistent cookie remains on your hard drive for an extended period of time.

We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

  • Web Beacons / Gifs

Our third party web analytics partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

  • 3rd Parties

The use of cookies by our partners is not covered by our privacy statement. We do not have access or control over these cookies. Our partners use session ID and persistent cookies for analytical purposes.

Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our site. We do not tie the information gathered to our Customers’ or Users’ personally identifiable information.

  1. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

  1. Additional Information
  • Links to 3rd Party Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of NinthDecimal. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

  • Blog / Forum

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us via one of the methods listed below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

  • Testimonials

With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us via one of the methods listed below.

  • Changes To This Policy

We may change or update our privacy policy at our discretion. If we make any material changes to this Privacy Policy, we will notify you by posting a prominent announcement on our Site so that any changes are easy to find. We will obtain your consent before making any material changes to information we collect and the manner in which we use it. We encourage you to periodically review this page for the latest information on our privacy practices.

  1. Questions?

If you have a question or issue with the NinthDecimal Privacy Policy please send an email to [email protected] or you can send us a letter to: NinthDecimal Inc., Attn: Privacy Policy Manager, 150 Post Street, Suite 500, San Francisco, CA, 94108.

Terms of Servive

Terms of Service

Welcome to NinthDecimal.com! NinthDecimal, Inc. (“NinthDecimal”) maintains the Web site located at www.ninthdecimal.com and allows visitors to use it subject to the following terms and conditions (the “Terms”). BY USING NINTHDECIMAL.COM, INCLUDING THE INFORMATION THAT IT OFFERS (COLLECTIVELY, THE “SITE”), YOU ACCEPT THE TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME; IF YOU DO NOT AGREE TO THE TERMS YOU MAY NOT USE THE SITE. If you have any questions about your obligations under this Agreement, please contact us.

1. Use of Content on the Site.

Any unauthorized use of the Site terminates the permission or license granted by NinthDecimal. The Site and the content of the Site are NinthDecimal’s property and are protected by U.S. and international copyright laws. You may download, print, and view content from the Site as long as you only use the content for non-commercial personal use and as long as you do not modify or alter the content in any way. You may not copy, republish, distribute, prepare derivative works, or otherwise use the content of the Site other than as expressly permitted by these Terms.

2. Eligibility.

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with NinthDecimal or use the Site. If you do not qualify, do not use the Site. Use of the Site is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Site.

3. Access Limits.

Without NinthDecimal’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders or scripts), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” “deep-linking” or any other activity with the purpose of obtaining content, lists of users or other information. You may not use any NinthDecimal logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from NinthDecimal. When you use the Site and its content for an authorized purpose, you must include all proprietary notices without changing or hiding them.

You agree that you will not use the Site in any manner that is inconsistent with applicable law or which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

4. No Resale of the Site.

Without NinthDecimal’s express written consent, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

5. Passwords.

As a condition to using portions of the Site, you may be required to register as a member of NinthDecimal.com, and receive a password. You shall provide NinthDecimal with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify NinthDecimal of any unauthorized use of your registration or password.

6. Your Privacy Policy.

If you are an operator of a Wi-Fi network or a publisher of a mobile application, you will have, publicize and abide by a privacy policy that discloses that third parties may be using cookies, web beacons and other technologies to collect information as a result of ad serving through your services. If you collect, process or disclose location-based information in connection with your services, you must adhere to a legal and appropriate means for obtaining express consent from your end users and make appropriate disclosures in your privacy policy.

7. Venue Only.

If you enter into correspondence or engage in commercial transactions with users or other third parties in connection with your use of the Site, such activity is solely between you and the applicable third party. NinthDecimal shall have no liability, obligation or responsibility for any such activity. You hereby release, and agree to hold harmless, NinthDecimal from all claims arising from such activity.

8. Termination.

NinthDecimal, in its sole discretion, may terminate your registration or use of the Site for any reason, including, without limitation, if NinthDecimal believes that you have violated or acted inconsistently with the letter or spirit of these Terms. NinthDecimal may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. NinthDecimal is not liable to you or any third-party for any termination of your access to the Site.

9. Indemnity.

You agree to indemnify and hold NinthDecimal, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another.

10. Dealings with Advertisers or Partners.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that NinthDecimal is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

11. Links.

NinthDecimal may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond NinthDecimal’s control. NinthDecimal makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against NinthDecimal, with respect to such sites. NINTHDECIMAL IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

12. No Warranty.

THE SITE AND NINTHDECIMAL’S SERVICES ARE PROVIDED “AS IS,” AND NINTHDECIMAL AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, NinthDecimal does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

13. Liability Limits.

IN NO EVENT WILL NINTHDECIMAL OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL NINTHDECIMAL OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

14. Modifications to these Terms.

NinthDecimal reserves the right to modify these Terms periodically, at its discretion. If we make changes, we will notify you by posting a prominent announcement on the Site, so that any changes are easy to fine. Any such revisions, amendment, or modifications will be effective upon the posting of such Notice. Continued use of the Site by you after such Notice is posted constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

15. Privacy Policy.

Your privacy is important to NinthDecimal. Please review our Privacy Policy at http://www.ninthdecimal.com/privacy.

16. Contact and Violations.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service here.

17. General.

All matters relating to your access to and use of the Site are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, without reference to conflicts of law provisions. You and NinthDecimal each agree to attempt in good faith to resolve any bona fide controversy or claim arising out of or relating to these Terms or the Site by confidential mediation under the then-current CPR Mediation Procedure before resorting to arbitration. Mediation of the controversy or claim will be conducted on an agreed date by a single, agreed upon, independent mediator in San Francisco, California, or another agreed location. Any bona fide controversy or claim not resolved within a reasonable period of time by discussion or mediation will be finally resolved by confidential, binding arbitration in accordance with the CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration by a sole arbitrator appointed in accordance with those rules. Any such controversy or claim shall be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The place of the arbitration will be San Francisco County, California (unless you and NinthDecimal otherwise agree prior to the initiation of the arbitration). The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. The arbitrator will not be empowered to award damages in excess of compensatory damages. Any claim by either party will be time-barred unless that party commences the arbitration within one year after the claim arises, provided that this time limit shall be tolled during any discussion or mediation of the claim. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California. If any portion of these Terms is deemed unenforceable by a court of competent jurisdiction or an arbitrator, then that portion will be enforced to the maximum extent possible and the remaining portions of these Terms will be given full effect. NinthDecimal’s failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. NinthDecimal will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. NinthDecimal may require registration or payment to continue use of any aspect of the Site at any time. These Terms constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to your access to and use of the Site and the subject matter of these Terms.