Legal

Privacy Policy

 

The following statement describes the overall company Privacy Policy of Retargeter.com. This Privacy Policy addresses how information is collected and used by Retargeter.com and our partners. This policy does not apply to the practices of companies that Retargeter.com does not own or control, or to people that Retargeter.com does not employ.

 

If you have questions or concerns regarding this statement, please contact customerservice@retargeter.com.

 

Personally Identifiable Information

 

Personally Identifiable Data (“PID”) is data about you that is personally identifiable. Examples of personally identifiable data that may be requested include name, address, email address, credit card number or any other information that is not otherwise publicly available. Retargeter.com is committed to making sure that clear choice is provided to all clients before any PID is collected.

 

Anyone who has provided personally identifiable data to Retargeter.com may elect to have their data deleted from our files, or to be used only for the service requested, by following the PID opt-out procedures below.

 

Non-Personally Identifiable Data

 

Non-Personally Identifiable Data (“NPID”) data is collected by Retargeter.com and our partners, and is used for online site based retargeting. With respect to individuals who visit our clients sites, we, and/or one or more of our ad technology partners, may collect what is known as NPID. This data is anonymous, and can include information such as users IP address, web pages which have been viewed by the user, date and time, domain type, and responses by a user to an advertisement delivered by us or our ad technology partners. Retargeter.com and our ad technology partners use different methods to collect this type of data, including cookies and web beacons (1×1 pixels).

 

Persons may elect not to provide this NPID by following the NPID opt-out procedures below.

 

Retargeter.com’s Use of Cookies and Web Beacons

 

Retargeter.com utilizes cookies and web beacons in the delivery of display advertisements to our clients’ users on various sites across the internet. The following is an illustration of how that process works:

 

A person visits our client’s website. Our cookies and/ or web beacons are running on our client’s site and identify the person as a visitor to our client’s site. Retargeter.com and/or its ad technology partners begin locating this exact person across the web within seconds of their visiting our client’s site. When this person is found by their cookie and/or web beacon Retargeter.com and/or our ad technology partners serve ads to that person.

 

Reatargeter.com will know the following: the set of people cookied and/or beaconed for each client; whether said persons viewed the ad and if the person clicked on the advertisement upon viewing. This type of information is used in reporting; and can in no way be used to identify a specific person or user of our service. This data will never be shared with third parties or used to display ads for other clients without explicit written permission from both clients. 

 

The NPID data collected by Retargeter.com in the above highlighted process will be kept by Retargeter.com indefinitely and will be securely maintained and archived. This information is used for reporting purposes and is not tied to personal information. 

 

Sharing With Third Parties

 

All personally identifiable data provided by individuals is maintained in confidence by Retargeter.com. There are instances, however, in which personally identifiable and non-personally identifiable information is shared with third parties, as described below.

With respect to personally identifiable information, Retargeter.com may, from time to time, provide information to certain third-party administrative vendors for efficiency purposes in providing administrative services such as billing, delivery and pay-outs, or for other services related to providing the Retargeter.com service. Any such vendor used will be required to enter into a confidentiality agreement with Retargeter.com.

 

Finally, Retargeter.com may share information on individuals as it deems necessary to comply with a court order or to cooperate with government and law enforcement officials.

 

Non-Personally Identifiable Consumer Data – Use of Cookies & Opting-Out

 

Retargeter.com uses cookies and/or web beacons to provide our site based retargeting service. A visitor to a client’s site may opt-out of the use of Retargeter.com and/or our ad technology partners’ cookies and/or web beacons by disabling cookies on their browser.

 

Personally Identifiable Consumer Data – Opt-Out

 

If a client elects to provide Retargeter.com with personally identifiable data, he or she has the right to tell us to have such data deleted in its entirety at any time. Also, please remember that if you choose to delete your information completely you will no longer receive the Retargeter.com service. You may e-mail us at Customerservice@Retargeter.com or use one of the alternate contact methods listed at the end of this policy to remove your contact information from our database provided we have completed all your pending transactions. Please note that information is never completely removed from our history and disaster recovery archives.

 

Security

 

Retargeter.com takes security very seriously, and we take measures to protect all of our data from unauthorized access, destruction or disclosure. Retargeter.com is committed to securing all data whether it is PID or NPID. Pages within Retargeter.com that collect credit card information are SSL encrypted to ensure a secure transaction.

 

Children’s Privacy

 

Children 18 and under are not eligible to use Retargeter.com services without the participation and supervision of a legal parent or guardian. Retargeter.com does not provide privacy measures to protect children. If you believe your child has provided Retargeter.com with personally identifiable data and you would like to have the data removed, please contact us at customerservice@Retargeter.com.
Changes to Retargeter.com’s Corporate Structure

 

If all or part of Retargeter.com is sold, merged, or otherwise transferred to another entity, the information gathered by Retargeter.com may be transferred as part of that transaction. Retargeter.com will take reasonable measures to ensure that such information is used in a manner consistent with the policy under which it was collected.

Effective Date

 

This policy was updated on March 18, 2009.

How To Contact Us

 

If you have any questions regarding our privacy policy please contact customerservice@Retargeter.com. You may also call (818) 584-2480.

 

ReTargeter
Attn: Customer Service
26 O’Farrell Street Suite 506
San Francisco, CA 94108

 

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Terms and Conditions

Revised: March 2009

  1. Terms
    1. The following terms and conditions apply to the services provided by Retargeter.com, and constitute an agreement between the parties.  The agreement (the “Agreement”) is entered into effective as of the date of execution noted on the Insertion Order (the “Order”), if one exists, between Retargeter.com, a California limited liability company with its principal place of business at 152 Lombard Suite 207 San Francisco CA 94111 (“Retargeter.com”) and the party or parties requesting services from Retargeter.com (“Advertiser”).  If no Insertion Order exists, then this Agreement is effective when the Advertiser selects “I have read and agree to the Terms and Conditions” on the Retargeter.com website.
  2. Advertising Obligations
    1. Retargeter.com’s sole obligation under this Agreement will be to use commercially reasonable efforts to deliver the Creative in the manner specified in the Order (“Creative”).  Such Creative will be created by the Advertiser.
    2. All Creative will be subject to Retargeter.com’s approval.  Retargeter.com reserves the right to reject, discontinue, or omit any Creative or any part thereof for any reason.  This right will not be deemed waived by acceptance or actual use of any Creative.
  3. Payment and Refunds
    1. Advertiser will pay Retargeter.com in accordance with the Order. All payments will be made in advance via Credit Card unless: (1) otherwise specified; or (2) credit is approved under special circumstances.  Upon approved credit, payment will be made within 15 days from date of invoice.  In the event Advertiser pays with credit card, Advertiser expressly agrees that Advertiser will not charge back on such credit card account.
  4. Limitation of Liabilities
    1. Under no circumstances will Retargeter.com be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature (even if such damages are foreseeable, and whether or not Advertiser had been advised of the possibility of such damages) arising from any aspect of this Agreement.
    2. Notwithstanding any other provision of this Agreement, the liability of Retargeter.com will be limited to the total amount paid by Advertiser to Retargeter.com under this Agreement.
    3. Retargeter.com will not be liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond Retargeter.com’s control affecting production or delivery in any manner.
  5. Indemnification
    1. Advertiser will indemnify Retargeter.com and hold Retargeter.com harmless from and against any and all liability, loss, damage, claim and expense, including reasonable legal fees and expenses that may be incurred by Retargeter.com, arising out of or related to (a) Advertiser’s breach of any of the representations and warranties in this Agreement; (b) nonfulfillment of any obligation hereunder to be performed by Advertiser; or (c) infringement or alleged infringement of a third party’s intellectual property rights resulting from Retargeter.com’s performance of its duties or exercise of its rights under this Agreement.
    2. Retargeter.com will promptly notify the Advertiser of any threat of a claim that Retargeter.com becomes aware of and that may give rise to a request for indemnification hereunder.
  6. Warranties
    1. Advertiser warrants that: (a) Advertiser has authorized the person who has executed this Agreement for Advertiser to execute and deliver this Agreement to Retargeter.com on behalf of Advertiser; and (b) information, if any, supplied to Retargeter.com by Advertiser for inclusion within the Creative will not be procured or produced inconsistently with U.S., foreign, or international law.
    2. NEITHER RETARGETER.COM NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES OR SUPPLIERS MAKE ANY WARRANTIES EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH ADVERTISER WITH RESPECT TO THIRD PARTY SOFTWARE, OR ANY PRODUCT, AND RETARGETER.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
  7. Confidentiality – See Privacy Policy
  8. Termination and Breach
    1. This Agreement will be for a term of 1 month.  This Agreement will be extended in one month increments unless Advertiser sends notice within 5 days of Next Payment Date (defined as 30 days from when the Advertiser logs payment).
    2. Retargeter.com retains the right to terminate this Agreement, in whole or in part, with or without cause, at any time.
    3. Upon termination for any reason, Advertiser will remain liable for any amount due for services delivered by Retargeter.com and Advertiser’s obligation to pay will survive termination of this Agreement.  Advertiser understands that the amount of time required to terminate a campaign is directly tied to settings found in their account and termination may take as long as 30 days from the date of notice.  Advertiser will be responsible for any additional fees incurred during this period.  Any cancellation notice will be based on the date the written notice was received by Retargeter.com.
  9. Miscellaneous
    1. Advertiser must not assign, license, sublicense, or otherwise transfer any rights or obligations under this Agreement.  Any such transfer will be void and without effect, and may constitute breach of this Agreement.  Notwithstanding these provisions, rights and obligations under this Agreement may be transferred in the event that Advertiser is involved in a merger or an acquisition.  Such transfer will only be effective if to the surviving or acquiring company.
    2. All notices, requests, demands and other communications required or permitted under this Agreement must be in writing and delivered to the other party.
    3. Unless otherwise specified, this Agreement may only be modified, or any rights under it waived, by a written document executed by Retargeter.com and Advertiser.
    4. This Agreement will be interpreted, construed and enforced in all respects in accordance with laws of the State of California, without regard to the state or country of incorporation or operations of Advertiser, or activity of either party in accordance with this Agreement.  Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in San Francisco County in the State of California in connection with any dispute arising under this Agreement.
    5. In the event that any provision of this Agreement is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining provisions will remain in full force and effect.
    6. The Confidentiality, Warranties, Limitation of Liabilities. and Indemnification provisions will survive any termination or expiration of this Agreement.
    7. This Agreement, in conjunction with the Order, sets forth the entire agreement between Advertiser and Retargeter.com and supersedes any and all prior and contemporaneous agreements (whether written or oral) of Retargeter.com and Advertiser with respect to the subject matter set forth.