Antics DMS Privacy Notice

This Privacy Notice is effective as of December 15, 2014.

Antics Online Inc. (“Antics”, “we”, “us”) has developed a marketing automation platform to provide marketing database, automated electronic communications, relationship and loyalty marketing services (“Antics DMS Service”). As part of the Antics DMS Service, Antics develops subsites and/or separate websites, digital media pages, social media, mobile apps, and electronic communications (“Subsites”) for, and on behalf of companies (“Business Partners”), under services agreements. Information about individuals using these Subsites (“Visitor” or “you”) is collected from or through each Subsite, analyzed and processed by or through the Antics DMS Service on behalf of the Business Partner, and then shared with the Business Partner.

Antics respects your preferences concerning the treatment of the data that is collected about you (“Visitor Information”). This Privacy Notice lets you know how we collect and use your Visitor Information, and how you can control its use by Antics on behalf of its Business Partners.

By visiting a Subsite, you consent to the collection and processing of your Visitor Information as set forth in this Privacy Notice.



1. Summary

  • Antics DMS collects your Visitor Information through a Subsite only in accordance with our Business Partner’s Privacy Policy (as displayed on the applicable Subsite) or when uploaded or transferred into Antics DMS by a Business Partner;
  • We will not share Visitor Information with third parties other than our service providers and the specific Business Partner to whom we are providing the Subsite;
  • We may share Visitor Information in the event of a dispute, or if required by law;
  • We will take reasonable measures to protect the security of Visitor Information;
  • You will have the right to access, and obtain correction or deletion of, Visitor Information about you.

2. Table of Contents

  • 1- Summary
  • 2- Table of Contents
  • 3- Definitions
  • 4- Scope
  • 5- Collection
  • 6- Use
  • 7- Sharing and disclosure
  • 8- Users’ Rights
  • 9- Cookies and other technologies
  • 10- California Disclosures
  • 11- International Data Transfers and Safe Harbor Compliance
  • 12- Security
  • 13- Liability
  • 14- Links to Other Websites
  • 15- Children
  • 16- Disputes
  • 17- Updates
  • 18- How to contact us

3. Definitions

For ease of use of this Privacy Notice, the following terms have been associated with the specific meaning provided below.

“Administrative User” means any individual who is legally authorized to have access to the Visitor Information, and who has access to Visitor Information for administrative purposes such as to provide maintenance or support. An Administrative User may be an employee of a Business Partner or Antics.

“Business Partner” means the company for whom Antics develops a Subsite that is used to manage or operate a Program under a Services Agreement.

“Device” means a computer, laptop, desktop, smart phone, tablet, and any other similar static or mobile equipment that is used for online activities.

“Identifying Information” means all information that identifies an individual or that, when combined with other information available to the data holder, may allow identifying an individual with reasonable certainty.

“Log Information” means all of the data that are generated through your use of a Subsite, such as data that is automatically provided by your browser (such as type of Device, operating system, unique Device identifier, IP address, MAC address, browser type and version, screen resolution, referring website, mobile network information, IP address), and information that is collected through cookies, tags, and other tracking technologies.

“Program” means any survey, contest, application/registration process, marketing campaign, or any other promotional activity that Antics develops for and on behalf of a Business Partner.

“Services” means the Services provided to a Business Partner under a System Services Agreement.

“Services Agreement” means the agreement entered between Antics and a Business Partner for the provision of Services.

“Subsite” means any separate website, digital media pages, social media, mobile app, or electronic communications mechanism that Antics develops and manages on behalf of Business Partners pursuant to Services Agreements.

“Visitor” means any individual who has agreed to participate in a Program organized by a Business Partner and managed through a Subsite.

“Visitor Information” means Identifying Information and Log Information pertaining to a Visitor.

4. Scope

This Privacy Notice covers the collection and use of Visitor Information obtained from or through any Subsite. It describes how Antics uses, discloses, and protects such Visitor Information.

When our Business Partners’ Administrative Users access Visitor Information on the Subsite, their use of the Visitor Information is subject to the Business Partner’s privacy policies.

This Privacy Notice does not apply to the collection, use, disclosure or other processing of the Visitor Information from or through a Subsite by a Business Partner or any third party. Each Business Partner determines in its sole discretion the terms and conditions, and privacy policies that apply to Visitor Information. These terms and conditions and privacy policy of the Business Partner are posted on the relevant Subsite that Antics operates or manages for that Business Partner.

5. Collection

The Antics DMS Service collects Visitor Information from or about a Visitor: (a) as provided by a Business Partner and uploaded or transferred into the System by the Business Partner, (b) as provided by third party web services such as Facebook Connect when a Visitor chooses to participate in that manner, (c) through the Subsite when the Visitor completes a form to participate in a Program of a Business Partner, or (d) as stated in the Business Partner’s Privacy Policy published on the applicable Subsite.

Information collected may include Identifying Information, such as the Visitor’s first name, last name, email address, and any other Visitor Information that a Visitor provides at part of his/her participation in a Program.

The Visitor Information remains the property of, and in control of, the applicable Business Partner.

The Antics DMS Service collects Log Information as provided by the Visitor’s browser, or through the use of cookies and tags. For more information on cookies and tags see our section “Cookies and Other Technologies” below.

6. Use

The Antics DMS Service processes Visitor Information on behalf of the Business Partners to establish audiences who receive communications about a Business Partner’s Program and create reports that are available through the Antics DMS Service for use by the Business Partner’s Administrative Users.

Antics may use the Visitor Information to send information about our Business Partners’ Programs.

Antics, its Administrative Users and the Business Partner’s Administrative Users have access to Visitor Information to resolve a problem or support issue, or to investigate a suspected violation of the Service Agreement, or as may be required by law.

7. Sharing and Disclosure

Antics will not review, share, distribute, print, or reference any Visitor Information except as provided below or as may be required by law.

Business Partners

If a Visitor decides to participate in a Program of a Business Partner, the Visitor Information that is collected from the relevant Subsite will be available to both Antics and the Business Partner. We will use the Visitor Information in accordance with this Privacy Notice. Our Business Partner will use it in accordance with its own privacy policies, which is posted on the applicable Subsite. Please note that we do not control the privacy practices of our Business Partners.

Service Providers

We may engage third parties to perform certain functions and provide services to us, such as, hosting and maintenance, business analytics, retargeting services or similar marketing services. We may share Visitor Information with these third parties, but only to the extent necessary for them to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Visitor Information in accordance with the principles described in this Privacy Notice.

Antics’ or Third Parties’ Rights

We may share Visitor Information to protect our company or our Business Partners, to establish or exercise our legal rights, when we believe it is appropriate to protect the property and rights of Antics or a third party, a Visitor or others, to investigate, prevent, take action against or stop any fraudulent, illegal, unethical or legally actionable activity in connection with our Services.

Business Transfers

If any or all of the assets of Antics are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, Antics may disclose, share and transfer some or all Visitor Information obtained as part of a merger, acquisition or other sale of its assets or business. Each Visitor will be given the option to continue or terminate your participation in the Program if the privacy policy of the successor entity is not consistent with the Antics privacy policies described in this Privacy Notice.

Legal Requirements

Antics reserves the right to release Visitor Information to law enforcement officials, government or private parties as, in its sole discretion, it believes necessary or appropriate to respond to, and defend against, legal claims, respond to legal process (facially valid subpoena, warrant, court order or other legal process) or otherwise as required by law.

Aggregate Information

Data aggregation is a process in which data are gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. Aggregated data is used for industry analysis, demographic profiling, and other purposes.

Antics may prepare for a Business Partner, reports, market analysis, and trend analysis that are based on compilation of Visitor Information that Antics or a Business Partner has collected. These reports do not contain specific Visitor Information, but only aggregate information regarding a group of Visitors.

8. Visitors’ rights

While we have provided our Business Partners with all the tools necessary so that they can manage their interaction with their Visitors, you may contact us with your questions. Please refer to the How to contact us section below.

You have the right to access, delete, and object to new uses of your Visitor Information. To take any of these actions, follow the instructions posted in the Business Partner’s privacy statement on the applicable Subsite.

9. Cookies and other technologies

The Antics DMS Service may program a Subsite to collect information through the use of cookies and other technologies as described below. By using any Subsite, you expressly consent to the use of cookies and other technologies by Antics in accordance with our Privacy Notice and the privacy settings of our Business Partner.

A cookie is a small text file sent to your computer when you visit a website and saved in your browser. The use of cookies helps us to remember information you already provided us, monitor aggregate usage information and web traffic routing on the Subsites, and enhance your experience through the Subsites.

There are different types of cookies. We may use “Sessions cookies,” which are deleted when you log off from the Subsite, and enable us to better understand how you use or interact with the Subsite. We may use “Permanent cookies,” which remain in your browser so that they can remember your actions through the Subsite and your preferences. We may use "Third-party cookies" from other domain sources that are displaying items on the page visited through the Subsite. We are not responsible for the use of the cookies and other technologies by such third parties.

We do not share any information collected from the use of cookies and other technologies with third parties, other than our service providers and the applicable Business Partner. The collection and the use of cookies other than those that we have programmed by our Business Partners, tracking utility company, service providers or any third party is not covered by our Privacy Notice. We do not have access or control over the Visitor Information collected from these other cookies.

Tags

Tags (also known as clear gifs, pixel tags or Web beacons) are tiny graphics with a unique identifier, similar in function to cookies, which are placed in the code of a webpage. We use tags to monitor the traffic patterns of Visitors from one page within the Subsite to another, to deliver or communicate with cookies, and to improve the Subsite performance, or to track visits to other sites owned or controlled by the Business Partner.

If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the “How to contact us” section.

10. California Disclosures

Do Not Track

California law requires that website operators disclose how they respond to a “Do Not Track” signal. However, because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals, if any, that we might receive from browsers. We will continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website. You can also contact us as indicated in the How to contact us section.

Third Party Cookies

California law requires that website operators disclose whether third parties may collect information about an individual’s online activities. Our Business Partners may ask us to allow third parties with whom they have a separate agreement to use cookies or other technologies to collect information about Visitors’ visits to the Subsite. These third parties may collect information when a Visitor views or interacts with certain areas of this Subsite, and advertising networks, which may collect information about a Visitor’s interests or preferences, so that they can display promotional material tailored to the Visitor’s apparent interest on this Subsite or across the Internet. You should consult the Privacy Policy of the Business Partner, as posted on the Subsite, to learn how that Subsite collects and users Visitor Information.

Antics is not responsible for the use of the cookies and other technologies by such third parties. The collection, use, and disclosure of the Visitor Information are subject to the privacy statements and terms and conditions of such third party websites.

California privacy rights

We do not share Visitor Information with third parties for their direct marketing purposes other than as described in this Privacy Notice. If our practices change, we will provide you with the relevant information as required by applicable law. You should consult the Privacy Policy of the Business Partner, as posted on the Subsite, to learn whether and how that Subsite share Visitor Information with third parties for direct marketing purposes.

11. International Data Transfers and Safe Harbor Compliance

Visitor information may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. By using our Site and/or subscription services or by providing information to us, you consent to such storage, maintenance and processing outside your country of residence.

Antics complies with the US-EU and US-Switzerland Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of Visitor Information from European Economic Area member countries and Switzerland. Antics has certified that it adheres to the seven Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program, and to view Antics’ certification, please visit https://safeharbor.export.gov/list.aspx.

12. Security

Antics employs administrative, physical, and electronic measures (firewalls, intrusion detection, vulnerability scan, and other industry-standard technology to help prevent interference or access from outside intruders) designed to protect Visitor Information from unauthorized access, loss, misuse, disclosure, alteration, and destruction. The servers on which the information is stored are in a supervised environment with controlled access.

However, since the Internet is opened to threats, viruses, intrusions and hacking from others or attacks while data are in transit, over which we may have no control, Antics cannot guarantee the absolute security of your information at all times.

If Antics becomes aware of a security breach resulting from an unauthorized access and/or disclosure of your information, we will notify our Business Partner that a security breach has occurred in accordance with applicable law. If so requested by our Business Partner, we may notify you directly or through any Subsite, in accordance with all applicable law.

13. Liability

We exercise reasonable efforts to safeguard the security and confidentiality of your Visitor Information. Antics will not be liable for unauthorized disclosure of Visitor Information that occurs through no fault of Antics including, but not limited to, errors in transmission, uses of Visitor Information by a third party, your failure to comply with your security obligations, and the unauthorized acts of Antics’ or Business Partners’ employees.

14. Links to other websites

This Privacy Notice addresses only the use and disclosure of information that we collect from Visitors through each Subsite as part of the services that we provide to the applicable Business Partners. This Subsite may contain links to other websites. The fact that the Subsite links to another website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Visitor Information from you. They follow their own rules regarding the use or disclosure of the Visitor Information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.

15. Children and minors

The Subsite is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Visitor Information without their consent, he or she should contact us as indicated in the How to contact us section. If we become aware that a child under 13 has provided us with Visitor Information, we will remove such information from our files as soon as reasonably possible.

16. Disputes

If you have any concerns or claims with respect to our Privacy Notice, please contact us as indicated in the “How to contact us” section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of Visitor Information.

If the complaint or dispute cannot be resolved through our internal process, or Antics does not adequately respond to your question, please contact the San Francisco office of JAMS, which will serve as a liaison with Antics to resolve your concerns.

If dispute resolution proceedings are necessary, they will be conducted by telephone and email, and if they must be done in person, they will be conducted in San Francisco, California, by one member of JAMS, and under the applicable rules set by JAMS for this type of dispute resolution. Both parties will bear equally the cost of dispute resolution proceedings (exclusive of their own legal fees and expenses). All decisions of the mediator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

17. Updates

Antics may update this Privacy Notice from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Notice on the Website, and will obtain the necessary consents as may be required under applicable law. You are advised to consult this Privacy Notice regularly for any changes.

18. How to contact us

If you have any questions, comments, concerns, complaints or claims with respect to the Site, other users of the Site, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.

If you have any questions, please contact us:

  • By email at privacy@antics.com
  • By phone at: 650-595-4200, or
  • By mail at: Antics DMS, 981 Industrial Road, Suite B, San Carlos, CA 94070, Attention: Privacy