AppDirect Marketplace Privacy Policy

Thank you for your interest in AppSmart, Inc. This Privacy Policy describes how AppSmart, Inc. and its subsidiaries and affiliates (collectively, “AppDirect,” “we,” “us,” or “our”) collect, use, disclose, and store your information.

This Privacy Policy applies to information obtained through www.appsmart.com (the "Website"), and our service offerings, including our application marketplace ("AppDirect Marketplace"), data insights product ("AppDirect Insights") and our search and messaging application ("AppDirect Search") and any other applications, products, services, or websites operated by AppDirect that link to this Privacy Policy (collectively with the Website, AppDirect Marketplace, AppDirect Insights, and AppDirect Search, the "Services").

The AppDirect Marketplace allows independent software and application vendors (each, a "Provider") to make certain features of their software as a service application, or other product or service owned and operated by Provider (each, a "Provider Application") available through the AppDirect Marketplace. This Privacy Policy does not address the collection, use, and disclosures of your information by Providers. Providers have their own policies describing their practices that we encourage you to read.

The Information We Collect
How We Use Your Information
Online Analytics And Advertising
How We Share Your Information
Third Party Links And Features
Security
Data Retention
Children’s Privacy
Your Choices
Information For California Residents
Transfer And Processing
Changes And Updates To This Privacy Policy
Contact Information

1. The Information We Collect

Information You Provide. We collect any information that you provide us when you use the Services, including:

Registration and Profile Information: If you register for one of our Services, we will ask you to provide your name, email address, and title. You may optionally provide additional profile information such as your phone number, date of birth, IM screen name, Twitter handle, and professional experience. You may also submit content including text, images, and other media files (“User Submissions”), such as when you submit a comment regarding a Provider Application.
Information Provided through AppDirect Search or AppDirect Insights: If you connect AppDirect Search or AppDirect Insights to third party cloud-based services, you authorize and enable us to access your third party cloud-based services and the content contained on those services in order to provide the Services and to provide you with productivity tools. AppDirect Search and/or AppDirect Insights retrieves the data maintained by these third party cloud-based services and copies it in a different format to AppDirect-controlled servers. The data can then be stored, aggregated, modified, removed, or provided to other users in case you are sharing content with other users. This allows us to provide you with search and data analytics functionality for your data. The type of data copied to AppDirect-controlled servers depends entirely on the type of data you store and maintain in the third-party cloud-based services. You can disconnect any third party cloud-based services at any time. Once disconnected, AppDirect will no longer aggregate data from that service.
Communications and Other Interactions: We may collect information you provide if you interact with other users through the Services. We may also collect information through your communications with our sales or customer-support team.
Payments: If you make payments through the Services, we will ask you to provide your payment information, such as your credit card number, so our service providers can process your payments.

Information We Collect Through Automated Means. We and our service providers (which are third party companies that work on our behalf) may automatically collect certain technical information from your computer or mobile device when you use the Services.

Device and Usage Information: When you use the Services or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including standard log files, "clear gifs" or "web beacons." This automatically collected information may include Internet Protocol address ("IP Address") or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you visit the Services, the pages you view on the Services, and the dates and times that you visit the Services.
Cookies: When you use the Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Cookies help us to operate and improve our services, customize your experience and preferences, allow you to access and use our services without re-entering your email and password and to understand which areas and features of our services are most popular and count visits. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.

Please note that if you delete, or choose not to accept, cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential. Additionally, as we adopt additional technologies, we may also gather information through other methods.

Analytics Information: We use website and application analytics services provided by internal and third parties that use cookies and other similar technologies to collect information about the use of our Services and to report trends, without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites.

Information from Other Sources. We may also obtain information from third parties and sources other than the Services, such as advertisers, Providers, referral or reseller partners, that we combine with information collected through the Services. We do so only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties include company roles and system identification numbers and we use the information we receive from these third parties to the extent necessary to provide the Services or maintain and/or improve the accuracy of the records we hold about you.

2. How We Use Your Information

We, or our service providers, use your information (including any information that we collect, as described in this Privacy Policy) for various business and operational purposes depending on the types of information we have collected from and about you and the specific Service you use, in order to:

Complete a purchase or provide the Services you have requested, including invoicing and accounting
Respond to your request for information and provide you with more effective and efficient customer service
Provide you with updates and information about products you have purchased from us
Contact you by email, postal mail, or phone regarding AppDirect and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
Customize the advertising and content on the Services
Help us better understand your interests and needs, and improve the Services
Engage in analysis, research, and reports regarding use of our Services
Synthesize and derive insights from your use of different Services
Provide, manage, and improve the Services and their performance, and test and create new products, features, and services
Secure our websites, products, software, or applications
Understand and resolve app crashes and other issues being reported
Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
Protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services
Prevent fraud

Combined information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/anonymous data. We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

3. Online Analytics And Advertisement

Analytics. We may use third-party web and mobile application analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

Online Advertising. The Services may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use. These third parties may place their own cookies, pixel tags and similar technologies to collect information about your use of the Services. We also allow third parties (e.g., ad networks and ad servers, such as Google Analytics, DoubleClick and others) to access their own cookies and tracking technologies on your computer, mobile phone, or other device you use to access the Services. These third parties may use this and other information they have collected about you to deliver targeted advertisements for products and services in which you might be interested.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that even if you choose to remove your information (opt-out), you will still see advertisements. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. For example, the DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Marketing. We may use information we collect for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable or otherwise of interest to you, in accordance with your marketing preferences. Where required under applicable law, we will obtain your prior opt-in consent to send you electronic marketing communications. You will have the ability to opt-out of receiving any such communications, either through unsubscribe links provided in the messages, by updating your account preferences, or by contacting us using the contact details provided under the "Contact Information" heading below.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.

4. How We Share Your Information

We may share your information in a variety of circumstances in connection with the operation of our business:

Providers. AppDirect discloses the information you provide or that we collect to Providers in connection with the interoperation of their service offerings with the Services in order for them to provide their services to you. AppDirect may provide Providers and your subscribing organization with information regarding your use of the Services.

Vendors and Service Providers. AppDirect works with third party service providers who provide website development, hosting, maintenance, and support as well as other business services for us. To the extent it is necessary for these service providers to provide the services, these third parties may have access to or process your information.

Other Users. The Services allow users to communicate in a variety of ways. Any information that you voluntarily choose to include in an area on the Services that is accessible to another user, such as a public profile page or in a review, comment, posting, electronic message, or other User Submission, will be available to other users who have access to that content. Once you make your information available to others in any of these ways, it may be collected, used, and disclosed by the recipients without restriction.

Employers. If your employer is enrolled with AppDirect Search, and you sign up for AppDirect Search using your employer email account, we will report information to your employer's administrator such as service usage statistics that may include names of most active users, top search terms that are used, number of documents indexed and services that are accessed.

Aggregate/Anonymous Data. AppDirect may disclose Aggregate/Anonymous Information with interested third parties, to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Services.

Third Party Applications. We may enable you to share information from the Services to third party applications. We are not responsible for how you share this information through these or similar services. These third parties may use or share your information in accordance with their own privacy policies. We strongly suggest you review the third parties’ privacy policies if you use the relevant features.

Affiliates and Subsidiaries. We may share information with affiliates and subsidiaries.

As Required by Law and Similar Disclosures. We may disclose information about you: (i) if we are required to do so by law, regulation, or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to protect the rights, property, or safety of AppDirect, our users and partners, or the public; and (iv) to enforce our agreements, policies, and Terms of Service.

Merger, Sale, or Other Asset Transfers. We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Consent. We may also disclose your information to any third parties based on your permission to do so.

5. Third Party Links And Features

The Services contain links to and integrate with websites and services provided by third parties, including without limitation Providers (where applicable). Any information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Services. We encourage you to learn about third parties’ privacy and security policies before providing them with your information.

6. Security

AppDirect utilizes a combination of physical, technical, and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Please note that no data transmission over the Internet or method of electronic storage can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to AppDirect, and you do so at your own risk. Once we receive your transmission of information, AppDirect endeavors to secure our systems, but please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by system malfunction or circumvention of our safeguards.

Where we have given you (or where you have chosen) a password which enables you to access to our Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

7. Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. Children’s Privacy

The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

9. Your Choices

You may edit your information on your account page or by submitting a request to privacy@appdirect.com or by contacting us using the contact details provided under the "Contact Information" section below. To protect your privacy and security, we may take steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Cookies. If you do not want the Services to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s "Help" menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features and Services may not work properly. For information how to opt-out of analytics and advertising cookies, please see section 3 above.

Marketing. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, and promotions that might appeal to your interests through unsubscribe links provided in the messages, by updating your account preferences, or by contacting us using the contact details provided under the "Contact Information" section below.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

10. Information For California Residents

This section applies only to “personal information” about California residents, as that term is defined in the California Consumer Privacy Act (“CCPA”), and it supplements the information in the rest of our Privacy Policy. Data about individuals who are not residents of California may be handled differently and is not subject to the same California rights described below. This section does not apply to personal information we collect from employees or job applicants in their capacity as employees or job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

CCPA Categories Of California Personal Information We Collect. Throughout this Policy, including the “The Information We Collect” section, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the CCPA “categories” of personal information we collect. The categories we collect are: identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); internet or other network or device activity (such as browsing history or IP address); location information (e.g., your city and state based on IP address or precise location, with your consent); professional or employment related data; audio information (e.g., call recordings if you don’t opt out); and other information that identifies or can be reasonably associated with you. We also may collect certain categories of information that you choose to disclose as part of your use of the Services.

How We Use These Categories Of Personal Information. We and our service providers may use and disclose (and in the past 12 months have used and disclosed) all of the personal information we collect for the business purposes described in this Policy, and in accordance with our disclosures in the “How We Use Your Information” section above.

How We Share These Categories Of Personal Information. We describe our information sharing practices in the “How We Share Your Information” section above. We may share certain categories of personal information with third parties for business purposes. For example, we may share identifiers, commercial information, and general location with organizers with Providers. If you use AppDirect Search using your employer email account, we may share identifiers and internet or other network or device activity with your employer.

Your California Privacy Rights. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
Provide access to and/or a copy of certain personal information we hold about you.
Delete certain personal information we have about you.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right not to be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at privacy@appdirect.com. You will need to provide us with information sufficient to verify your identity before we can satisfy your request. To do so, you will need to provide us with certain information regarding yourself and/or your usage of the Services. You may also designate an authorized agent to make a request on your behalf. To do so, you need to provide us with written authorization for the agent to act on your behalf. You will still need to verify your identity directly with us.

The CCPA sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA, its implementing regulations, and current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months. We do share certain information as described in the “How We Share Your Information” section above, and we allow third parties to collect certain information about your activity from you directly, for example through cookies, as explained above. You can control these cookies through browser settings and other controls; for more information, see the “Online Analytics and Advertisement” section above.

California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

11. Transfer And Processing

If you are visiting or using the Services from the European Economic Area or other regions with laws governing data collection and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected, including the United States of America, where AppDirect is headquartered. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy.

12. Changes And Updates To This Privacy Policy

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised from time to time at AppDirect's sole discretion. If we modify the Privacy Policy, we will make it available through the Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will notify you as may be required by law.

Our amended Privacy Policy will automatically take effect 30 days after it is made available through the Services, except that (i) we will not, without your consent, use your previously collected personal information in a manner inconsistent with the Privacy Policy in effect when we received that information, and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account ceasing use of the Services.

13. Contact Information

If you have any questions, concerns or complaints regarding the use or disclosure of your information or if you would like to review, delete or update information we have about you or your preferences, you can contact us at privacy@appdirect.com