Visible Measures Corporation (“Visible Measures” or “We”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website at http://www.visiblemeasures.com/ (“Site”) and users of videos on third party websites that employ our technology (“Partner Sites” and “Partner Videos”).
1. User Consent. By submitting Personal Data through our Site or Partner Videos, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
2. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13.
3. A Note to Users Outside of the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
4. Types of Data We Collect and Use of that Data. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
(a) USERS OF OUR PARTNER VIDEOS
(i) Visible Measures collects information regarding the viewing of Partner Videos. Our Partner Sites want to know how many people watch video clips and what player features (recommend, e-mail, pause, etc.) viewers take advantage of. When you use a Partner Video, we will not collect Personal Data about you. Like many common online services, our technology uses cookies to store a unique user-id on your computer/browser when you use a Partner Video. The only information stored in these cookies is your user-id and a session-id. They contain no Personal Data. We use your user-id to count the unique viewers of the Partner Videos. We use the session-id to count viewing sessions. These session cookies expire after 30 minutes of no viewing activity. User-id cookies can be removed or disabled by following Internet browser help file directions. If you do not have cookies enabled or have removed your cookies, we will still collect data from you as described in this Section, however the data will be associated with a new user-id we assign to you each time you use a Partner Video. Our measurement services are generally powered by HTTP cookies. Some of our older APIs still use “flash cookies,” also known as Local or Flash Shared Objects. While we do not use flash cookies for this purpose, flash cookies may regenerate HTTP cookies that you have affirmatively deleted and deleting HTTP cookies will not remove flash cookies. We use flash cookies as an alternative method to HTTP cookies for storing information about your web browsing history across unaffiliated domains, unrelated to the delivery of content through the Flash Player or the performance of the Flash Player in delivering such content. Please see the links below for tools to assist you in managing flash cookies: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager06.html and http://www.adobe.com/products/flashplayer/articles/lso/. We are committed to moving away from flash cookies and will keep you informed on our progress. You may also manage your Partner Video privacy settings by at http://corp.visiblemeasures.com/viewer-settings. If you opt-out as described on such page, we will still collect data from you as described in this Section; however the data will be not be associated with a specific user-id but rather a generic user-id associated with all other users who have opted-out. All changes will go into effect immediately for new data we collect from you; your changes will not affect prior data that we have already collected from you.
(ii) We may receive Anonymous Data about users from our Partner Sites and other third party websites.
(iii) We may aggregate all data we collect (a) directly from users through Partner Videos (which may be from multiple Partner Sites) or (b) from Partner Sites and other third party websites. For the avoidance of doubt, we may aggregate all data associated with a user-id collected from different websites. This data is Anonymous Data. We may use this Anonymous Data for any legal purpose and may disclose this Anonymous Data to our Partner Sites and other third parties for any purpose. Without limiting the foregoing, we may use this data to serve ads to you.
(b) USERS OF OUR SITE
(i) If you contact us on our Site or send us an email, we may collect Personal Data from you, such as your first and last name, e-mail, company name, title, phone number, and any other information or content you voluntarily provide. When you participate in one of our surveys, we may collect additional information. We use this information to respond to your inquiries, send you administrative emails, send you promotional emails (e.g., newsletters, surveys, offers, etc.), and to improve our Site, products, and services.
(ii) Our servers collect information from you, including your browser type, operating system, Internet Protocol (IP) address, domain name, and/or a date/time stamp for your visit. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed.
(iii) We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. Visible Measures reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
(iv) If you have entered into a customer agreement with us, the confidentiality terms in that customer agreement and not this Privacy Policy govern. If you have entered into a Certified Publisher Program Agreement with us, the confidentiality terms in that Certified Publisher Program Agreement and not this Privacy Policy govern.
5. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
(a) Anonymous Data. As described above, we may disclose Anonymous Data to third parties in our sole discretion.
(b) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the services that we offer you through our Site or Partner Videos; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Visible Measures. These third party service providers are required not to use your Personal Data other than to provide the services requested by Visible Measures.
(c) Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
(d) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Visible Measures may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Visible Measures; (c) to protect or defend the rights or property of Visible Measures or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.
6. Third Party Websites. When you click on a link to any other website or location, you will leave our Site and go to another site (“Third Party Website”) and another entity may collect Personal Data or Anonymous Data from you. For the avoidance of doubt, the Partner Sites are Third Party Websites. We have no control over, do not review, and cannot be responsible for, these Third Party Websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these Third Party Websites or content (other than Partner Videos), or to any collection of data after you click on links to such Third Party Websites (other than Partner Videos).
7. Your Choices Regarding Your Personal Data
(a) Choices.
(i) We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our Site (“Promotional Communications”). When you receive Promotional Communications from us, you may indicate a preference to stop receiving further Promotional Communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.
(ii) You may manage your cookie related preferences in accordance with Section 4(a)(i) above.
(b) Changes to Personal Data. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.
8. Security of Your Personal Data. Visible Measures is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Visible Measures uses reasonable efforts to protect your Personal Data, Visible Measures cannot guarantee its absolute security.
9. Contact Information. Visible Measures welcomes your comments or questions regarding this Privacy Policy. Please see email us at privacy@visiblemeasures.com.
10. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site and Partner Videos. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes. Continued use of our Site or Partner Videos, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.