I. Information Collected
For each visitor to the Site, our servers automatically recognize only the visitor’s domain name, but not the e-mail address (unless requested and supplied by the visitor as a part of registration in connection with a program offered or made available on the Site).
We may also collect other information such as your IP address, browser type, domain names, access times and referring third party website addresses. This information is used for the operation of our Site, to maintain the quality of our offerings, and to provide general aggregate statistics regarding the use of the Site. Such information is not personally identifiable. Geographic, demographic, and category preference information across member profiles may be summarized for merchants advertising on the Site. This helps prospective sponsors understand the viewership they will reach.
In addition, we may receive personal information about you from outside sources and add it to your existing Registration Information on file at the Site. We do this to improve personalization of our services (for example, providing better newsletter content, advertising and/or special offers that we think may be of interest you).
We also collect information such as the identification of the server that your computer is logged onto and whether you opened an e-mail message delivered to you from the Site. We also may compare our member list to various lists received from other third party companies, in an effort to avoid sending identical or similar e-mail messages to our members.
II. Information Collection Processes
In addition to the information collected by us and registration information submitted by you, we may employ both first-party and third-party cookies. A cookie is a piece of data stored on your hard drive containing activity-based information about you, and it is designed to facilitate the receipt of targeted and relevant advertisements. The cookie is not associated with your personally identifiable information.
In addition to cookies, the Site pages and/or e-mails may contain electronic images known as “pixel tags” (also knows as clear gifs) to track the pages that visitors and/or members visit at the Site for purposes of formatting future campaigns and upgrading visitor information used in reporting statistics. The Site may also contain pixel tags placed there by third parties to help determine the effectiveness of a joint promotional or advertising campaign.
III. Our Use of Your Information
We retain personal information submitted by you on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.
You also agree that we, and other third parties, may contact you via e-mail, direct mail and telemarketing for feedback purposes and surveys. In addition, we may send you e-mail regarding general and administrative information about your membership.
In addition, by registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”). Notwithstanding that your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
9.5 California Consumer Privacy Act. Client shall promptly inform Metrix Holdings in writing if Client intends to use the Services such that Client is a “business” under CCPA or believes that CCPA applies for other reasons. For all Clients subject to CCPA, you hereby agree to comply with CCPA and shall enter into the Metrix Holding’s CCPA Addendum (“CCPA Addendum”) found here: Exhibit F. In the event of any potential, suspected, or actual security breach of data under this Agreement, Client shall provide prompt written notice to Metrix Holdings and comply with all applicable laws pertaining to data breach and notification. “CCPA” means the California Consumer Protection Act (California Civil Code § 1798.100), together with all amendments thereto and all laws implementing or supplementing the same. The terms of the CCPA Addendum are hereby incorporated by reference.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to our members’ personal information as needed to perform their functions for us, but we do not permit them to use our members’ personal information for other purposes.
We will not rent, sell or share any personal information we gather from you to third parties, except as indicated herein or to provide information regarding the products or services you have requested information about. Notwithstanding the foregoing, we may provide your personal information to third parties for data services which may include, but not are not limited, to data cleansing, merge-purge, appending and mapping or for other purposes to which you have consented. The Company does not allow third parties to collect information from users of the Site without the users’ consent.
You may opt-out of receiving marketing e-mail messages from the Site either when you register with the Site or at a later date. To opt-out of receiving e-mails after registration, you may either: (i) click on the unsubscribe link at the bottom of any commercial e-mail you receive and follow the instructions on-screen (you may do so anytime after receipt of the e-mail), (ii) click here and choose to stop receiving e-mails, or (iii) write to Metrix Holdings, 817 West Peachtree Street NW, Atlanta, GA 30308, Attention: Customer Service. Please note that it may take up to 72 hours for us to process an opt-out request and that any e-mail communications within the queue prior to your decision to opt-out will still be sent to you. You will still continue to receive e-mail messages from other third party services that you have requested to receive e-mails from if you opt-out of receiving marketing messages from the Company.
We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure.
We also protect your information off-line. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted passwords to access personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.
Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you
We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (“COPPA”). Pursuant COPPA guidelines, we do not knowingly collect personal information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personal information through any point of contact, please contact us and we will delete the information about the child referenced from our files.
VI. Sale , Merger or Reorganization
The Company may transfer, sell or assign information concerning your use of this Site, including without limitation, personal information and Registration Information that you provide and other information concerning your use of the Site, to third parties, as a result of a sale, merger, consolidation, changing control, transfer of substantial assets, reorganization or liquidation of the company.
VII. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.