Privacy Policy

UPDATED – June 21, 2013

This Privacy Policy explains the privacy practices of MyBuys, Inc. and how we collect, use, and disclose information we collect from users of any of our corporate Clients’ websites or mobile websites (each, a “Client” and “Client’s Site”, respectively) and users of our corporate website (www.mybuys.com) (“Corporate Site”). We take your privacy seriously and want to help you understand what we do, our practices, and the protections we use to safeguard data.

If you have questions about our Privacy Policy, please contact us at privacy@mybuys.com or write to us at Chief Privacy Officer, MyBuys, Inc., 411 Borel Avenue, Suite 100, San Mateo, CA 94402

As used in this Privacy Policy, “PI” or “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, and e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Information” means data that is not associated with or linked to your Personal Data. Anonymous Information does not, by itself, permit the identification of individual persons.

By using our services through a Client Site or our Corporate Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy.

This Privacy Policy is effective as of June 21, 2013

PORTION OF PRIVACY POLICY FOR USERS OF CLIENTS’ SITES – SUMMARY

MyBuys provides marketing and advertising services used by retailers and other businesses. In general, the data that we use is collected while you browse or buy on one of our Clients’ Sites. For example, we pay attention to the kinds of things you like to shop for and buy – what categories (like T-shirts or digital cameras), what brands, and other details about those items, such as whether they were on sale.

We don’t collect sensitive data like credit card numbers, social security numbers or even your name or address. We don’t collect data on sensitive topics like your health, your finances or political views. We don’t collect Personal Information, except for your email address. And we only collect your email address if you’ve opted-in to receive emails from that Client. You can opt-out of such emails at any time by clicking the “Opt-Out” or
“Unsubscribe” link at the bottom of every email we send on behalf of that Client. We do not use your email to send you email marketing regarding MyBuys or our other Clients, unless you have also opted-in to receive emails from any such other Client.

We use the data we collect to determine your preferences, which in turn enables us to make our marketing and advertising services more useful to you. These services include making product recommendations to you when you are on our Clients’ Sites, in follow-up emails sent by our Clients or by us on our Clients’ behalf, in advertisements sent by our Clients or by us on our Clients’ behalf, or in direct mail pieces sent by our Clients.

We don’t sell, barter, or otherwise disclose your Personal Information, except to our service providers, affiliates, in connection with legal processes or protecting the rights of ourselves or any third parties, or in connection with a merger or acquisition. We may freely disclose Anonymous Information.

You can opt-out of having us automatically collect your data for the purpose of serving personalized content to you at any time by clicking here. Please note that this doesn’t mean that you won’t see ads or recommendations. Rather, you’ll see a generic ad or recommendation in place of personalized content because no data related to you individually will have been used in our services.

We retain information that we collect about you only for as long as it remains relevant to providing you recommendations and advertisements or as required by law or to protect our rights.

The foregoing Summary is meant to provide an overview of our Privacy Policy. Please note that the Full Privacy Policy below governs in the case of any discrepancy between the Summary and the Full Privacy Policy. Accordingly, please review the Full Privacy Policy for a complete description of our privacy practices.

PORTION OF PRIVACY POLICY FOR USERS OF CLIENTS’ SITES – FULL POLICY

This portion of our Privacy Policy for Users of Clients’ Sites describes the privacy practices of MyBuys with respect to information we collect from you through our Clients’ Sites. We understand that your privacy is important to you, and we strive to safeguard and manage your Personal Information and data in a responsible fashion.

  • What Personal Information and Anonymous Information we collect.
  • How we use your information.
  • What choices are available to you regarding collection, use, and distribution of your information.
  • How we protect your information.
  • With whom we share your information.

INFORMATION WE COLLECT

Types of Information

We collect information about you to enable our Clients to provide compelling marketing and advertising services to you such as product recommendations and personalized ads. We believe the services that we power for our Clients improve your overall shopping experience with them.

Specifically, we may collect the following information:

  • Your use of our Clients’ Sites, including what products you view and other online navigation data;
  • Your purchases on our Clients’ Sites;
  • Your interaction with emails sent by our Clients or by us on our Clients’ behalf, including opening emails and clicking on recommendations in the emails;
  • Your clicks on advertisements sent by our Clients or by us on our Clients’ behalf;
  • Your email address if you have consented to receive emails from our Client;
  • Information from our Clients whose privacy policies allow them to share Personal Information and/or Anonymous Information about their customers with us, such as purchase history; and
  • Information from marketing partners and other third party data providers whose privacy policies allow them to share Anonymous Information about their customers with us, such as a consumer’s interests or purchase behavior.

Much of the information that we collect is automatically generated by your computer or browser and collected by MyBuys. For example, when you visit an area of our Client’s Site where our services are deployed, our servers automatically record information that your browser sends. These server logs include information such as Internet Protocol (“IP”) address (a unique number that is automatically assigned to your computer), the date and time, whether one of our cookies is already set on your browser, your browser type, and your interactions with our services. Your IP address provides us with geographic location information. We also collect information with cookies and pixel tags, as described below. If you have opted-in to receive email from that Client, we also collect your email address. We don’t collect sensitive data like credit card numbers, social security numbers, or even your name or address. We don’t collect data on sensitive topics like your health, your finances or political views. Except for the collection of emails on an opt-in basis only, we do not collect Personal Information through our services.

Cookies and Pixel Tags

Much of the Anonymous Information that we collect about you is through the use of industry standard cookies and pixel tags. These technologies enable the exchange of data between your computer or mobile device and our servers, based on instructions on our Clients’ Sites. In other words, our Clients enable their Clients’ Sites to allow us to collect this information.

A “cookie” is a small data file that is stored on your computer that contains an anonymous unique browser identifier. Cookies act as anonymous tags that identify your computer, but not you personally. A “pixel tag” (also known as a web beacon or clear GIF) can be any file that makes up part of a web page, but is usually a small image (1×1 .gif). When you access a web page that has a pixel tag, the pixel tag generates a generic notice of your visit and permits us to set or read our cookies. Pixel tags are used in combination with cookies to anonymously track the activity on a site by a particular computer. This helps website operators analyze customer traffic and track transactions.

Cookies and pixel tags allow us to save your preference information to improve the quality of our services and to allow our Clients to offer you a better overall shopping experience. The information that we collect from cookies only includes Anonymous Information. We cannot and do not use cookies to collect any Personal Information.

Disabling Cookies

In providing our services to you on behalf of our Clients, we use both session cookies and persistent cookies. A session cookie expires when you close your browser. A persistent cookie is stored on your hard drive for an extended period of time. You can remove persistent cookies or set your browser to notify you to either accept or deny cookies by following directions provided in your internet browser’s “help” file. If you choose to disable cookies, we will not be able to serve you personalized content. You can choose not to receive our cookies and to opt-out of having us collect data and serve personalized content at any time by clicking here. Additional detail regarding your choices regarding our collection of data is detailed in the “Your Choices” section below.

HOW WE USE YOUR INFORMATION

We keep track of your buying preferences by using the Anonymous Information we collect. If your email address is known to us because you have opted-in to receive email communications from our Client, we associate your Anonymous Information with your email address (while associated, such information is Personal Information; and when not associated, such information is Anonymous Information). If your email address is not known to us and you browse our Client’s Site, your product interests will be tied to an anonymous cookie placed on your computer. Please note that we work with, and on behalf of, our Clients and share email information only with them.

We combine all of the information about you that we collect and use that combined information to power our marketing and advertising services. Some examples include:

  • To determine the best recommendations to show you when you are on one of our Client’s Sites;
  • To provide more relevant advertisements;
  • On behalf of our Clients, to send personalized communications (including emails) that are most relevant to your interests if you have opted-in to allow such communications;
  • To track user trends and review the use of our services;
  • To research ways to improve our services; and
  • To develop new products and technologies.

How Long We Keep Your Information

Except as otherwise permitted by law, we retain the Anonymous Information that we collect about you only for as long as it remains relevant to providing you recommendations and advertisements. This retention period may be indefinite. Our collection of Personal Information about you is limited to the receipt of your email address when you have opted-in to receive communications from our Client. We will retain this information for as long as needed to provide services to our Clients and as necessary to comply with our legal obligations and protect our rights and property.

YOUR CHOICES

Opting out of Communications

You can opt-out of receiving future emails that we send on behalf of a specific Client by following the “Opt-Out” or “Unsubscribe” instructions in the emails we send. Note that your opt-out preferences apply with respect to that Client only.

Changing Your Email Address

If you would like to change the address where you receive emails that we send on behalf of a specific Client, you can first opt out as described above and then subscribe again using your preferred email address. Note that your change of address will apply with respect to that Client only.

Opting out of Tracking for Advertising and Recommendations

You can opt-out of allowing us to collect preference data when you browse any of our Clients’ Sites and at the same time opt-out of receiving ads, product recommendations, or other communications based on that data by clicking the button on this page.

By clicking this button, you will opt-out of receiving cookies for all of our services, including our product recommendations and our advertising services. If you choose to opt-out, please note that you will receive a “persistent cookie” that tells us not to recognize your browser. To maintain your opt-out status, this cookie must be maintained on your computer. If you manually delete your cookies, you will delete this opt-out cookie and you must opt-out again for your opt-out status to be recognized by us. In addition, if you use a different internet browser or a different computer, you will need to perform the opt-out task again.

MyBuys uses the Evidon assurance platform (http://info.evidon.com/companies/mybuys) and certifies compliance with the cross‐industry Self‐Regulatory Program for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). As part of this service, online advertisements served by MyBuys are sometimes delivered with icons that help consumers understand how their data is being used and provide choice options to consumers that want more control.

Client Websites

Our Clients have their own websites and their own privacy policies. We are not responsible for the privacy practices or the content of our Clients’ Sites. This Privacy Policy applies solely to information collected by us when you visit our Clients’ Sites.

PORTION OF PRIVACY POLICY FOR USERS OF CLIENTS’ SITES OR CORPORATE SITE

HOW WE PROTECT YOUR INFORMATION

We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data we collect and store. These include internal reviews of our data collection, storage, and processing practices and security measures. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security. However, no security system is 100% secure. While we have taken reasonable measures to safeguard the data we collect and store, we cannot guarantee that it will not be disclosed or accessed inadvertently or through the unauthorized acts of others.

SHARING INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or share your Personal Information with third parties, unless you or our Client (in accordance with its privacy policy) asks or authorizes us to do so.

Service Providers. We may provide your Personal Information to third party service providers who work on our behalf to provide some aspects of our services, including to help us communicate with you. These service providers do not have any independent right to use or share this information (except pursuant to a legal requirement, such as a subpoena or warrant).

Affiliates. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), we may in the future. We may share some or all of your information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

Other Disclosures. In special circumstances, we may disclose your email address and other Personal Information about you. These include situations where we believe in good faith that such disclosure is necessary to (a) comply with relevant laws and regulations or to respond to subpoenas or warrants served on us; (b) in connection with any legal investigation; or (c) to protect or defend the rights, property, or safety of MyBuys, our customers, our employees, or any other person.

Anonymous Information. We may share Anonymous Information about the use of our services to Clients, business partners, prospective investors, and other third parties. This information includes how users interact with our services, how many users clicked on a particular recommendation or how many users responded to a particular advertisement. This information does not identify you individually and cannot be used to contact you.

Change in Corporate Structure

If we or our assets are acquired by another company, that company will possess the information collected by us, and it will assume the rights and obligations regarding your information as described in this Privacy Policy.

Changes to the Privacy Statement

If we change our Privacy Policy, we will post the updates atwww.mybuys.com/privacy-policy and will notify you by means of a notice on our website. We encourage you to review this policy periodically. Continued use of the service represents your acceptance of the updated privacy policy. Each version of our Privacy Policy will be indicated by a reference to its effective date at the beginning.

INTERNATIONAL VISITORS

Our website is hosted in, and we provide our services from, the United States. If you use our services from other regions with laws governing data collection and use that may differ from United States law, you are transferring your Personal Information to the United States and you consent to the use of your information under the terms of this Privacy Policy.

US-EU SAFE HARBOR

MyBuys adheres to the US-EU Safe Harbor Principles of Notice, Choice, Onward Transfer, Access, Security, Data Integrity, and Enforcement, and is registered with the U.S. Department of Commerce’s Safe Harbor Program. MyBuys educates relevant employees about compliance with the Safe Harbor Privacy Principles and has self-assessment procedures in place to ensure our compliance.

If you have any questions, please contact us using the information below. If you believe that MyBuys has not satisfactorily addressed your data privacy concerns related to the US-EU Safe Harbor Principles, you may obtain dispute resolution services through the International Centre for Dispute Resolution, a division of the American Arbitration Association.

PRIVACY OF CHILDREN

Neither our website nor our marketing and advertising services are intended or designed to attract children under the age of 13. We do not knowingly collect Personal Information from children under 13. Nor do we intentionally create, share, or collect data or segments regarding children under 13 years of age.

P3P POLICY

We also subscribe to a P3P policy, which may be viewed in plain text by accessing the “Privacy Report” in your browser. To the extent that there is any inconsistency between the machine-readable P3P policy and this Privacy Policy, this Privacy Policy governs.

Contact Information

Please contact us if you have questions about our Privacy Policy or if you feel that we have not followed our Privacy Policy in any way.

MyBuys, Inc.
Attn: Chief Privacy Officer
411 Borel Avenue, Suite 100
San Mateo, CA 94402
E-mail: privacy@mybuys.com
Phone: 650-544-2400

PORTION OF PRIVACY POLICY FOR USERS OF OUR CORPORATE SITE

Collection of Client Information

Our Clients are businesses, not individuals, and our Corporate Site collects information from our Clients and prospective Clients who request information, fill out ‘Contact Us’ forms, or otherwise contact us. We may collect information from you, such as your first and last name, e-mail address, phone number, professional title, company name, and corporate website when you contact us for a demo. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail (e.g., your resume).

Use of Client Information

To the extent that Personal Information (e.g., first and last name, telephone number, e-mail address, or resume) is collected, we may use this to provide you with information that you requested, to correspond with you about any questions or concerns you have brought to our attention, to notify you of new services or updates to our existing services, to send you administrative e-mail notifications, and to respond to your inquiries related to employment opportunities or other requests. You can opt-out of receiving future marketing emails that we send by following the “Opt-Out” or “Unsubscribe” instructions in such emails (however we may continue to send you administrative emails). We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the data personally identifiable to you. We do not share, sell, rent, or trade any of your Personal Information to any third party for promotional purposes or otherwise, except as expressly described above (e.g., to our service providers, affiliates, in connection with legal processes or protecting the rights of ourselves or any third parties, or in connection with a merger or acquisition) or unless we obtain your prior consent. In addition, we may share Personal Information when we believe such action is appropriate to enforce customer agreements or to bill or collect for services. We post customer testimonials on our website which may contain Personal Information such as the customer’s name. We obtain the customer’s consent prior to posting the testimonial. Anyone who has provided Personal Information through our corporate website may e-mail us at privacy@mybuys.com to review, update, delete, and/or correct his/her Personal Information. Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.

Third Party Websites; Advertisers

Our Corporate Site may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects information, including Personal Information. We may allow third party advertising exchanges to insert pixel tags in ads presented to you when you are on our Corporate Site. This enables the third party advertising exchange to advertise our services to you when you are on a different website, after you have left our Corporate Site. This then enables these third parties to write and read their own cookies on your computer. We do not control use of these cookies used by these third parties and expressly disclaim responsibility for information collected through them.