Privacy Policy

Updated: September 9. 2018.

Stirista, LLC and its operating divisions, subsidiaries, affiliates, and branches (collectively, “Stirista,” the “Company,” “we” or “us”) are committed to protecting the privacy of information you provide to us. Accordingly, Stirista provides this privacy and information practices statement to inform you about our online information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can correct or change such information (“Privacy Policy”).

I.                  Scope

Except as where otherwise indicated, this Privacy Policy applies to individuals (“Visitors”) who visit Stirista’s websites (the “Sites”), who subscribe to the Stirista/PushWizard Platform, Stirista’s mobile applications, or other programs, services, or offerings of Stirista (together with the Sites and any and all future online and offline offerings operated by or on behalf of Stirista, the “Services”).

Stirista provides leading digital growth platform and related analytics services (the “Platform”) for our customers in the United States (“Customers”) to engage with their clients (“Users”) through their mobile applications. We do not Process Personally Identifying Information (“PII”) of Users in relation to our Customers’ use of the Platform. If you are a User of one of our Customer’s digital properties, you should also review that Customer’s privacy policy, terms, or other notices to learn how that Customer collects and uses information about you, including through the Platform.

II.               Transparency Notice–What Information We Collect and How We Use It

The types of information we may collect (directly from you or from Third Party-sources) and our privacy practices depend on the nature of the relationship you have with Stirista and the requirements of applicable law. Below are some of the ways we collect information and how we use it.

1.                  Information Stirista Collects

If you are a Customer (or an employee or agent of a Customer) with an account, we collect certain information (“Collected Information”) from you when you sign up for our Services, such as your name, email address, mailing address, and phone number. If you are a User, we collect certain, limited, anonymized information about the unique application identifiers, application installations, and mobile devices you use, which is provided by our Customers through their subscription to our Services. We also collect information about the online activity of each Customer or Visitor on the site, such as pages viewed, time spent on a page, configuration of a Customer’s or Visitor’s landing page, or settings used. We also automatically collect information about the device used by each Customer or Visitor who accesses the Site or Services, such as: operating system, hardware version, device settings, IP address, time zone, language setting, referring URL, browser, cookie information, click path, general geographic information, and Internet Service Provider.

2.                  Information from Third-Party Sources

Stirista may collect information about you from Third-Party sources to supplement information provided by you, including Internet Protocol addresses, cookies, navigational data, and advertisements clicked. This supplemental information allows us to verify information that you have provided to Stirista and to enhance our ability to provide you with information about our business, products, and Services. Stirista’s agreements with these Third Party-sources typically limit how the Company may use this supplemental information.

3.                  How Stirista Uses Collected Information

Depending on how you interact with Stirista, we and our Third Party-service providers may also use Collected Information in a variety of ways, including:

·         Providing Information and Services You Requested. Stirista may use the Collected Information to fulfill requests for programs, Services, or information that you may request, including information about potential or future Services, including to: (a) generally manage your information and accounts; (b) respond to questions, comments, and requests; and (c) provide access to certain areas and features of the Services;.

·         Administrative Purposes. Stirista may use the Collected Information about you for its administrative purposes, including, without limitation, to: (a) measure interest in the Services; (b) perform internal quality control; (c) verify identity; (d) send communications regarding the Services, your account, or any changes to any Stirista policy or terms of use; (e) prevent potentially prohibited or illegal activities; and (f) enforce our Terms of Use.

·         Marketing Products and Services. Stirista may use the Collected Information to provide you with materials about offers, products and services offered by us, or by our Customers. Stirista may provide you with these materials by mobile application notification, postal mail, or email, as permitted by applicable law. Such uses include: (a) to tailor content, advertisements, and offers; (b) to notify you about offers, products, and services that may be of interest to you; (c) to provide Services to you; (d) for other purposes disclosed at the time that you provide Collected Information; or (e) otherwise with your consent. If you do not wish us to use your Collected Information for marketing purposes, you may contact us at any time to opt out of the use of your Collected Information for such purposes, as further described below.

·         Research and Development. Stirista may use your Collected Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products, processes and services.

·         Anonymous and Aggregated Data. Including as discussed below, Stirista may use and share your anonymized or aggregated information within the Stirista group of companies or with Third Parties for research, analytics, and any other legally permissible purposes.

·         Other Uses. Stirista may use your Collected Information for other purposes disclosed to you at the time you provide Collected Information or with your consent.

4.                  Social Media

Generally, online social media resources (“SMR”) are interactive tools that enable individuals to collaborate and share information with others. Social media resources include, but are not limited to, social networks, discussion boards, bulletin boards, blogs, wikis, and referral functions to share web site content and tools with a friend or colleague.

If you use an online SMR offered by a Third Party (“Third Party SMR”) through the Services, you acknowledge that Stirista may be able to access any information you make public through such Third Party SMR (such as your username, comments, posts, and contacts) and other information your privacy settings on such Third Party SMR permit Stirista to access. Stirista will comply with the terms of this Privacy Policy and the privacy policies applicable to the social media resources it uses.

5.                  Direct Mail and Email Marketing

Visitors who provide us with Collected Information, or whose Collected Information we obtain from Third Parties, may receive periodic emails, newsletters, or mailings from us with information on Stirista or our business partners’ products and Services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the individual by following the instructions below.

6.                  All Internet Users – Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

Cookies

Like many other websites, Stirista or its business partners may employ a cookie, or small piece of computer code that enables Web servers to “identify” visitors, each time a Visitor initiates a session on the Company’s Sites. A cookie is set in order to identify visitors; tailor our Sites to you; measure and research the effectiveness of our Sites’ features, offerings, and advertisements; and authenticate users for registered Services. Cookies can only access Collected Information that you have provided on our Sites and cannot be accessed by other sites. Visitors also have the ability to delete cookie files from their own hard drive at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. However, please also be advised that cookies may be necessary to provide access to much of the content and many of the features of Stirista’s Sites.

Pixel Tags/Web Beacons

Stirista may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of our Sites. A pixel tag can collect information such as the Internet Protocol (“IP”) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the browser type and language; the device type; geographic location; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we or our Third Party-service providers may use “format sensing” technology, which allows pixel tags to let us know whether you received and opened our email.

Analytics Information

We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. Stirista also uses its own Platform to provide analytics internally and to Customers as mentioned above.

Interest-Based Advertising

Through our Sites, Stirista may in the future allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect anonymous Collected Information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information we have collected with Third-Party advertising partners and our Customers. These advertising partners and Customers may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Stirista related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.”

7.                  Mobile Devices

Stirista may provide websites, applications, and online resources that are specifically designed to be compatible and used on mobile devices. Stirista will collect certain information that your mobile device sends when you use such websites, applications, or online resources, like a device identifier, location, language, user settings, and the operating system of your device.

Mobile versions of Stirista’s Sites and Services may require that users log in with an account. In such cases, information about use of each mobile version of the website may be associated with user accounts. In addition, Stirista may enable Visitors to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Collected Information to Stirista to enable you to access user accounts and to enable Stirista to track use of these tools. Some of these tools may enable Customers to email reports and other information from the tool. Stirista may use non-identifiable information transmitted to the Company to enhance these tools, to develop new tools, for quality improvement, and as otherwise described in this Privacy Policy or in other notices Stirista provides.

8.                  Anonymous and Aggregated Information

Stirista may use your Collected Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Sites or other online Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Collected Information, and Stirista may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Stirista, with Customers, and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

III.           Choice and Opt-Out

You have the right to opt out of certain uses and disclosures of your Collected Information, as set out in this Privacy Policy.

9.                  General

Where you have consented to Stirista’s Processing of your Collected Information, you may withdraw that consent at any time and opt out by following the instructions below. Additionally, before we use Collected Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt-out. Note that, due to the nature of the Services, you may have to provide the email or other identifying value that is associated with your Collected Information in order for Stirista to segregate out the use and retention of such Collected Information.

Prior to disclosing Collected Data to a Third Party or Customer for a purpose other than its original purpose or the purpose authorized subsequently by the individual, Stirista will endeavor to obtain each individual’s explicit consent (opt-in). Where consent of the individual for the Processing of Collected Information is otherwise required by law or contract, Stirista will comply with the law or contract.

10.              Email Communications

An “Unsubscribe” button will be provided at the top or bottom of each email communications sent by Stirista so that you can opt-out. However, we may continue to send transaction-related emails regarding products or Services you have requested in response to such request. We may need to send you certain communications regarding the Stirista programs and Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Use or this Privacy Policy.

11.              “Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. At this time, there is no general agreement on how companies like Stirista should interpret DNT signals. Therefore, Stirista does not recognize or respond to browser-initiated DNT signals, whether that signal is received on a computer or a mobile device. For information about “do-not-track,” visit http://www.allaboutdnt.org.

IV.            Onward Transfer

12.              Information We Share

Stirista does not sell or otherwise disclose Collected Information about you, except as described in this Privacy Policy or as you explicitly consent. Stirista endeavors to require third parties to which it discloses Collected Information to protect Collected Information using substantially-similar standards to those required by Stirista (and at least the same level of privacy protection as is required by the Privacy Shield Principles and this Privacy Policy).

Service Providers

Stirista may share Collected Information with our service providers that we have retained to perform Services on our behalf including (i) provision of IT and related Services; (ii) provision of information and Services you have requested; and (iii) customer service activities.

Stirista has executed appropriate contracts with our service providers that prohibit service providers from using or sharing your Collected Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

Information Disclosed for Our Protection and the Protection of Others

We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Stirista policies or contracts; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing Collected Information may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

Information Disclosed in Connection with Business Transactions

We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding). Should such an event occur, Stirista will endeavor to direct the transferee to use Collected Information in a manner that is consistent with this Privacy Policy.

13.              Data Transfers

Stirista primarily stores Collected Information sent or collected via or by Stirista in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. To facilitate the Company’s global operations, the Company may transfer, store and access such information from around the world. Your Collected Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Stirista, you consent to the storage of your Collected Information in these locations.

V.               Rights of Access, Rectification, Erasure and Restriction

14.              Your Collected Information

You may seek confirmation regarding whether Stirista is Processing Collected Information about you, request access to Collected Information, and ask that we correct, amend, or delete your Collected Information where it is inaccurate or has been Processed in violation of applicable data protection laws. Where otherwise permitted by applicable law, you may use the email address set forth in of this Privacy Policy to request access to, receive (port), restrict Processing, seek rectification, or request erasure of Collected Information held about you by Stirista. Such requests will be Processed in accordance with local laws. Although Stirista makes good faith efforts to provide Visitors and Users with access to their Collected Information, there may be circumstances in which Stirista is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Visitor’s or User’s privacy in the case in question or where it is commercially proprietary. If Stirista determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Stirista will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Collected Information.

15.              Customer Data

As a data processor for our Customers, Stirista Processes data that may include Collected Information of Users (“Customer Data”). Stirista will not review, share, distribute or reference any such Customer Data except as provided in the agreements between us and our Customers, or as may be required by law. If Collected Information pertaining to you as an individual has been submitted to us by a Customer as Customer Data and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the relevant Customer directly. Because Stirista personnel have limited to no ability to access Customer Data, if you wish to make your request directly to Stirista, please provide the name of the relevant Stirista customer. We will refer your request to that Customer and will support them as needed in responding to your request within a reasonable timeframe.

VI.            Retention

Stirista retains the Collected Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

VII.        Security

The security of all Collected Information provided to Stirista is important to us, and Stirista takes reasonable steps designed to protect your Collected Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Stirista strives to protect your Collected Information, we cannot ensure or warrant the security of information you transmit to Stirista. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your passwords or Collected Information is no longer secure, please promptly notify Company at privacy@stirista.com.

VIII.     Redress and Accountability

If after reviewing this Privacy Policy, you would like to submit a request, or you have any questions or privacy concerns, please contact:

privacy@stirista.com

Stirista will address your concerns and attempt to resolve any privacy issues in a timely manner.

IX.            Other Rights and Important Information

16.              Information Regarding Children

Due to the nature of Stirista’s business, Services are not marketed to minors. Stirista does not knowingly solicit or collect Collected Information from children under the age of 13 (and in certain jurisdictions under the age of 16). This applies to any Collected Information directly collected by us but does not apply to the Collected Information provided to us by Third Party services and organizations or from our Customers regarding Users (please refer to the terms of their respective Privacy Policies). If we learn that we have Collected Information from a child under the age of 13 (and in certain jurisdictions under the age of 16) in relation to the Services, we will promptly delete that information.

17.              California Privacy Rights

California residents are allowed to request certain information regarding whether the operator of an online service discloses personally identifiable information (as defined in §1798.83 of the California Civil Code) about them to any third parties for the third parties’ direct marketing purposes. At this point, we do not collect any such PII. If technical capabilities change and provide us with the ability to associate the information that we collect about Users to a specific individual (and we choose to do so), we will comply with the requirements of Cal. Civ. Code §1798.83.

If you have questions about this provision, you may contact us as provided in the “Redress and Accountability” section. You may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18.              Links to Third-Party Digital Properties

Please note that our Services may contain links to other websites or digital properties for your convenience and information. Stirista does not control Third-Party websites, digital properties, or their privacy practices, which may differ from those set out in this Privacy Policy. Stirista does not endorse or make any representations about Third-Party websites or digital properties. Any Collected Information you choose to give to unrelated Third Parties is not covered by this Privacy Policy. Stirista encourages you to review the privacy policy of any company, website, or digital property before submitting your Collected Information. Some Third Parties may choose to share their users’ Collected Information with Stirista; that sharing is governed by that company’s privacy policy, not this Privacy Policy.

19.              Changes to the Privacy Policy

Stirista may update this Privacy Policy from time to time as it deems necessary in its sole discretion. Stirista will provide notification of any material changes to this Privacy Policy through the Company’s Sites or as otherwise required by applicable law. Stirista encourages you to review this Privacy Policy periodically to be informed regarding how Stirista is using and protecting your information and to be aware of any policy changes. Your continued relationship with Stirista after the posting or notice of any amended Privacy Policy shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by Stirista.

20.              Compliance

This Privacy Policy shall be implemented by Stirista and all its operating divisions, subsidiaries, and affiliates. Stirista has put in place mechanisms to verify ongoing compliance with this Privacy Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures.

21.              Definitions

“Process” or “Processing” means any operation which is performed upon Collected Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“Third Party” is any natural or legal person, public authority, agency, or body other than the Visitor, Stirista or Stirista’s agents.