Privacy Policy

Last Updated April 3, 2018

By installing the mobile application linking to this privacy policy (the “Privacy Policy” and “Affiliated Application”, accordingly) as portrayed on the License Agreement prompting on such Affiliated Application, you are agreeing to comply with, and be bound by, the following Privacy Policy, and when applicable any other oneAudience operating rules policies, and other supplemental terms and conditions or documents that may be published from time to time. Please review the Privacy Policy carefully.

1. General
The Affiliated Application is using one or more of the services offered by oneAudience LLC (“oneAudience”). While oneAudience is not the owner nor publisher of the Affiliated Application, it does offer the Affiliated Application mobile analytics and intelligence services by collecting certain information relating to your use of the Affiliated Application and/or other applications installed on your device, and other functions of your mobile device in order to allow the Affiliated Application and other oneAudience partners to deliver advertisements, products, and services that are relevant and meaningful to their users (collectively: the “Services”).

2. Privacy Policy
This Privacy Policy outlines the privacy practices associated with the oneAudience Service and covers our treatment of personal information that we collect when you install a mobile application that uses our Service. Please note that we are not responsible for and have no control of any mobile application’s (including the Affiliated Application’s) privacy practices and have no control over how the developer of a mobile application collects, uses or shares information about you. For information about how a mobile application collects, uses or shares information about you, please see the applicable mobile application’s privacy policy.

3. Information We Collect
When you install an Affiliated Application on your device that uses our Service, you, the End User, will be presented an End User License Agreement (“EULA”). When you, the End User, clicks on “Confirm”, you consent to the terms of data collection. The confirmation will grant permission to collect certain information from the device, including an Android or Apple iOS Advertising ID, email, device make and model, mobile web browser type and version, IP address, MAC address, the device’s operating system’s make and version, locale information, MCC (Mobile Country Code) information, the mobile application name, a list of mobile applications installed on your device and other technical data about your device.

By clicking “Confirm”, you also confirm that you are of sixteen (16) years of age. If you are not of sixteen (16) years of age, your legal guardian will need to provide consent. We do not collect or store any End Users that are sixteen (16) years old and younger.

oneAudience does not knowingly collect Personal Identifiable Information relating to children under the age of thirteen (13). We require our application publishers to certify that the data that is transferred are not directed to appeal to users who are under the age of thirteen (13) and to avoid transferring data to oneAudience that the app publisher deems to be thirteen (13) years or younger. Our app publishers are responsible to ensure that their privacy practice complies with applicable privacy laws and requirements, including with respect to safeguarding children’s privacy. If the app publisher becomes aware or have any reason to believe that an app user is under the age of 13 has shared any information, it is the app publishers responsibility to immediately notify oneAudience to take reasonable steps to ensure that such information is immediately deleted from our files.
When you install an Affiliated Application, you may also grant the mobile application permission to collect certain types of information via a permission screen consent process.

We do not control the permission screen consent process – it is typically run by your mobile operating system (e.g., Android or Apple iOS); HOWEVER, ONCE SUCH PERMISSION IS GRANTED BY YOU ON AN OPT-IN BASIS, WE MAY COLLECT SOME, BUT NOT ALL, OF THE INFORMATION THAT A MOBILE APPLICATION COLLECTS IN ACCORDANCE WITH THE PERMISSIONS YOU GRANT. FOR EXAMPLE, IN ACCORDANCE WITH YOUR PERMISSION TO THE AFFILIATED APPLICATION, WE MAY COLLECT PRECISE GEOLOCATION, BROWSER HISTORY, COUNTRY, ZIP CODE AND DEVICE IDS (INCLUDING IMEI, DEVICE SERIAL NUMBER AND MAC ADDRESS) AND/OR ANY OTHER PERSONAL OR IDENTIFIABLE INFORMATION (THE “PERSONAL INFORMATION”). We or our data partners may also obtain information from other sources and combine that with information we collect through our Service. For example, we may collect one of the unique identifiers associated with your mobile device as listed above and demographic or interest preference information from other companies and combine that with information we collect through the Service to allow our customers to deliver advertisements that may be of interest to you on your mobile device or to identify you on other devices or browsers.

All Affiliate Application shall provide their application users with clear terms as what is being collected and stored. If the application does not contain a Privacy Policy, the Affiliated Application may link the oneAudience Privacy Policy for their users to access, which must be easily accessible to the user of the integrated application

If the Affiliate Application provides a Privacy Policy, the following should terms should be included in the Affiliate Application policy:

When you accept and click on the End User License Agreement, you accept and consent to oneAudience collecting information from your device. We may use the information to monitor and analyze trends, usage and activities in connection with our Service. The acceptance of the End User License Agreement will affirm that you are over the age of thirteen (13) years old. To learn more about oneAudience and how it uses, transfers, protects the data, or to opt out of the service, you can visit the oneAudience.com.
4. How We Use Information
Any information that you submit to us remains your property. However, we may use it for the purposes described herein. We reserve the right to use the information (including Personal Information) we collect, in order to administer, operate, and continuously improve our Service. We may also use the information to monitor and analyze trends, usage and activities in connection with our Service. Provided, however, that no Personal Information shall be disclosed to third parties within the scope of this clause, other than oneAudience’s trusted affiliates which are responsible for supporting or enhancing our Services, and for such purposes only. For this purpose, although we do not hold an official or self-issued certificate, we strive to abide by the Safe Harbor rules under www.export.gov/SafeHarbor.

How We Share Your Data
We reserve the right to use the Personal Information (and/or any other applicable information) we collect to create, market and distribute to third parties for content or delivery of advertisement. We will share the Personal Information (and/or any other applicable information) we collect with unaffiliated third party advertisers and marketers for purposes unrelated to the original consumer transaction. We or our data partners may customize personalized content and advertisements and connect certain demographic or other data about you (received from third parties) to data we have collected from you, such as your mobile device identifier or IP address. For this purpose, we strive to abide by the Safe Harbor rules under www.export.gov/SafeHarbor.

Aggregate Information. We compile aggregated information about our users to better optimize our Service, preferences, and to assist in our marketing efforts. We may also share aggregated data about our user base including the number of users that we have, certain trends, statistical data, etc., without disclosing any Personal Information.

oneAudience complies with the EU’s General Data Protection Regulation in regards to how personal data is accessed, collected and used. The Data Protection regulations were developed to establish a way for companies to comply with data protection requirements when collecting, storing, and transferring personal data from the European Union and Switzerland. oneAudience commits to adhering to and implementing all technical measures to protect the rights of the data of the citizens of the European Unions and Switzerland. In compliance with the General Data Protection Regulations, oneAudience commits to resolving any requests about your privacy and collection of your personal information. Any and all requests about your privacy, can be address at contact@oneaudience.com

Transferring of Data
We may transfer the information we collect to countries other than the country where we originally collected it for the purposes of storage, processing of information, and operating our services. When we transfer your information to other countries, we will take all reasonable security measures to protect that information, and any additional steps where necessary, to ensure that international transfers comply with applicable laws.

5. Opting Out
Service. You may opt-out of our Service and/or through our opt-out web form located at optout. The Integrated Application will provide easy access to the End User to Opt-Out of the Services. The Opt-Out screen will allow the user to “Confirm” opting out of data collection or “Cancel” to continue the Service to collect the data.

You may also opt out of the service by resetting your Advertising ID.

To reset your Advertising ID on your iOS Device
Settings → Privacy → Advertising → Reset Advertising Identifier

To reset your Advertising ID or Opt Out on your Android Device
Re-set Advertising ID: Settings → Google Settings →Ads→ Reset Advertising ID
Opt Out: Settings → Google Settings →Ads→ Opt out of interest-based ads

To opt-out of the use of your mobile device ID for targeted advertising, please see http://youradchoices.com/appchoices
Cancellation of Information Collection.

TO COMPLETELY DISABLE ONEAUDIENCE’S COLLECTION AND USE OF ANY PERSONAL INFORMATION, YOU MUST UNINSTALL ALL AFFILIATED APPLICATIONS ON YOUR DEVICE. HOWEVER, DELETING THE SAID APPLICATIONS WILL ONLY TAKE EFFECT FOR PURPOSES OF TRANSACTING FUTURE BUSINESS. SUCH ACTION WILL ALSO NOT BE IN EFFECT WITH RESPECT TO DELETION OF PERSONAL INFORMATION ALREADY COLLECTED AS PART OF OUR SERVICE, AND ONEAUDIENCE WILL BE ABLE TO CONTINUE AND MAKE USE OF SUCH INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, AS AMENDED FROM TIME TO TIME. IF YOU WISH TO HAVE ANY PRIOR COLLECTED PERSONAL INFORMATION REMOVED FROM OUR DATABASE, PLEASE CONTACT US AT WWW.ONEAUDIENCE.COM. PLEASE NOTE, HOWEVER, THAT AS DESCRIBED HEREIN, CERTAIN RESIDUALS OF THE PERSONAL INFORMATION MIGHT BE INCORPORATED UNDER OTHER CONTENT OR MATERIALS CREATED AND USED BY ONEAUDIENCE AND/OR OTHER APPLICABLE THIRD PARTIES (THE “RESIDUALS”), AND DUE TO THE RESIDUALS’ NATURE, THEY COULD NOT BE IDENTIFIED IN ORDER TO BE REMOVED, NOR CAN ONEAUDIENCE PREVENT THE USE OF SUCH RESIDUALS. MOREOVER, WE RESERVE THE RIGHT TO KEEP CERTAIN RECORDS FOR MONITORING, REGULATORY, LITIGATION AND/OR ENFORCEMENT PURPOSES. PLEASE NOTE THAT IF YOU EVER INSTALL ANOTHER AFFILIATED APPLICATION THAT UTILIZES OUR SERVICE IN THE FUTURE, ONEAUDIENCE WILL SUBSEQUENTLY BE ABLE TO COLLECT AND USE YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

6. Proper use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Service; (b) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Service; (d) use the Service for any fraudulent or inappropriate purpose; (e) interfere with, damage, disable, overburden, impair or disrupt in any way the Service; (f) act in any way that violates the Service policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. oneAudience reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Legal Disclaimer. Notwithstanding anything to the contrary, we reserve the right to share any information, including Personal Information (a) as required by law and/or to comply with a judicial proceeding, court order or legal process served on oneAudience; (b) when we believe that disclosure is necessary to protect our rights; (c) if we believe that you are in violation of the terms and conditions of this Privacy Policy or any other of our operating rules, code of conduct, policies and other supplemental terms and conditions or documents that may be made available by us from time to time, and including of the Affiliated Application, and such disclosure is reasonably required to protect oneAudience and/or anyone on its behalf injured by such wrongdoing and/or otherwise required in taking legal measures against you.

7. Unsolicited materials
Any unsolicited materials submitted or sent to oneAudience, will be deemed to be not confidential or secret. By submitting or sending information or other material to OneAudience you: (a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; (b) Unless stated specifically otherwise therein, grant oneAudience an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that oneAudience is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person. In order to remove all doubt, oneAudience’s privacy related obligation of this Privacy Policy shall not apply towards unsolicited information.

8. Links to Other Services and Websites
The Service, as well as any advertisement or other monetization means, may contain services, products, and/or links to other services, products, and websites, that are not owned or controlled by us. Please be aware that we are not responsible for the content nor for the privacy practices of these other websites, products, and services. We encourage you to be aware when you access a third party’s website or service and to read the privacy statements of each and every website and service you visit.

9. Security
The security of your information is important to us. We follow generally accepted industry standards to protect the solicited information submitted to us, both during transmission and once we receive it. However, no method of electronic transmission or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security, and therefore you transmit information to us at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to Personal information is strictly limited, and not accessible to the public. All of our users’ Personal Information is restricted and used only in accordance with this Privacy Policy.

While oneAudience strives to maintain the protection of the data, any breach that is detected, oneAudience will make all reasonable efforts to assess the type of breach and notify the affected individuals, partners, and proper authorities.

10. Business Transitions
If we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.

11. Changes in this Privacy Statement
We reserve the right to modify the Privacy Policy at any time, so please review it frequently. If we decide to change the Privacy Policy, we will post those changes to the Privacy Policy and update the “Last Updated” date above. We may also provide additional notice on our website at www.oneaudience.com. Your continued use of the Service following notice of changes to the Privacy Policy will constitute your acceptance of any changes. Provided that, we will not change the way we use your Personal Information without receiving your consent.

12. Contacting Us About Privacy Questions or Concerns
If you have any questions regarding our Privacy Policy, or in the event that you wish to verify which of your Personal Information we have collected, please contact us at support@oneaudience.com or by mailing us at
oneAudience
222 Bridge Plaza South
Fort Lee, NJ 07024

13. Governing Law.
This Privacy Policy constitutes a binding agreement between you and oneAudience LLC. Any matter relating to this Privacy Policy shall be governed and construed in accordance with the laws of the State of New Jersey, USA, without giving effect to any choice or conflict of law rules, and any and all disputes, claims, and causes of action arising out of or connected with this Privacy Policy shall be resolved exclusively via arbitration before the American Arbitration Association in New Jersey, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have arising out of or connected with this Privacy Policy, the Services, and/or oneAudience. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. Any and all claims, judgments and awards filed by You shall be limited to actual out-of-pocket costs incurred by You but in no event attorneys’ fees. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.