Last update: 2012-08-30
This Privacy Policy (“Privacy Policy”), governs the use of the web site ("www.smowtion.com"), offered or made available by SMOWTION CO. CORP. ("Smowtion")
The use of any of the Services, attributes the condition of “Client of Smowtion” (“Client”) and express the fully acceptance without any objection, by the Client, of each and all of the sections of the Privacy Policy in the version posted by Smowtion at the moment when the Client uses the Services. As a consequence, the Privacy Policy shall constitute a legal binding agreement between the Client and Smowtion regarding Privacy in the use of the Services. So the Client shall ready carefully the Privacy Policy before using the Services. Also, the use of the Services express the fully acceptance without any objection, by the Client, of the Terms and Conditions of the Services (the “Terms and Conditions”) posted by Smowtion at http://www.smowtion.com/users/terms, which are complementary with the Privacy Policy.
In case it’s necessary, Smowtion shall complement the Privacy Policy with information and/or specific terms and conditions regarding a certain Service.
Privacy of personal data is very important to Smowtion.
Smowtion has developed its own technology of opt-out for any individual to be able to avoid Smowtion to see its navigation behavior. To avoid sharing your navigation behavior (opt-out), please press click here http://www.smowtion.com/users/opt
If you have any questions or concerns regarding this Privacy Policy, please email to us at privacy@smowtion.com
Smowtion is an advertising network which has the objective of relating with “advertisers”, which are the national or foreign companies interested in advertising their products or services through internet (the “Advertisers”), by themselves or through or another advertising network, and with the “publishers”, which are the owners of web sites interested in issuing or publishing the advertisement of the Advertisers (the “Publishers”), rendering Smowtion a service of intermediation between Advertisers and Publishers. For the purposes of this Privacy Policy, those Advertisers and Publishers which use the Services shall be considered as “Advertiser Clients” and “Publisher Clients” respectively, and together as “Clients”.
As a consequence, through the Services, the Advertiser Clients, by themselves or by another advertising network, could request to advertise their products or services in web sites from the Publisher Clients, making an offer for such advertising. Once made the offer by the Advertiser Client, the one with the best offer shall have the possibility to publish its advertisements by the Publisher Clients who have chosen them.
For the purposes of this Privacy Policy, the advertisements published by the Advertiser Clients in the web sites from the Publisher Clients, shall be designated as “Advertisements”.
Smowtion provides data analysis and audience segmentation services based on information provided by the Clients regarding the interactions from their users (the “Users”), including those on the Client’s web site or online advertisements.
Smowtion creates usage/behavior/interest-based categories called “segments”. These segments are unique groups of Users that are created using “client side” technology, that enables the Client to selectively serve targeted advertisements based on these segments.
Smowtion also provides targeting advertising services using non-personal information that is gathered across multiple, unaffiliated web sites that use our network. Much like our data analytic services provided for specific web sites, Smowtion creates network segments that are used to serve targeted advertisements in Smowtion’s network.
Generally the Clients collect information about the Users interactions using cookies, tags, and other methods (such as the information provided by the Users while registering in the web sites from Clients).
A cookie is a small text file that could identify a certain internet browser, and that is usually installed, sent or written in the computer of the internet users, when the user navigates for such web sites. A cookie will typically contain the name of the domain from where the cookie was transferred, the date of creation, and an identification code. The only personal information that a cookie could contain is the information that the user provides by internet navigation, such as internet protocol addresses, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time, etc. (“Activity Information”). A cookie cannot read information from the User’s hard disk nor read the cookie files created by other web sites.
A tag is a small graphic image on a web page that is designed to allow the site owner or a third party to monitor who is visiting a site by collecting the IP address of the computer that the tag is sent to, the URL of the page the tag comes from, and the time it was viewed. Tags also may be associated with cookie information.
Clients use to collect information from Users to improve the quality of their services, due their storage of the preferences from the Users, and that they supervise the interactions tendencies, such as, the type of researches they made.
Our Web site includes Widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. displaying the news, opinions, music, etc). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.
The Clients may provide information that they collect, including personally identifiable information, to Smowtion, with the previous consent, express or tacit, from Users.
Also, as part of the Services, Smowtion may collect data from Users on behalf of a Client using cookies (when User visits the Client's web site or view an advertisement placed by Smowtion) and/ or tags. Information that Smowtion collects and compiles might include navigation behavior, IP addresses, logs, and other types of data. That situation shall be informed by the Clients to their Users, as well as the Users consent shall be obtained, whether express or tacit. However, Smowtion shall not collect any personally identifiable information directly from any User, whether using cookies or tags.
Smowtion shall use data provided by the Client, as well as data that Smowtion collects on behalf of the Client, only to create segments and reports for the Client. Additionally, data provided by a Client, as well as data that Smowtion collects on behalf of such Client, shall be made available by Smowtion to that Client, and to those third parties with whom Smowtion may hire to provide the Services, such as QuantCast, RightMedia and/or OpenX. This data is non-personal. Notwithstanding the foregoing, Smowtion shall control the access to such information by those third parties. Smowtion shall not be obliged to withhold the information for no certain term, and shall dispose the elimination of the same when considered as convenient. Any User is able to request Smowtion to delete the information related to them by sending an email with the subject “Delete Personal Data” to privacy@smowtion.com. Smowtion may request such User to identify itself, which might be verified by Smowtion, as well as to specify the personal data to which the User wants to delete. Beware that this does not apply to the information in your Publisher Client account as we need this for our accounting and tax records.
Smowtion may provide analytic or segmentation Services to Clients that are network advertisers or service providers, which may use the Services whereby collected data is used to predict User characteristics, behavior, or preferences typically for use in the serve of advertisings. Such Clients are responsible for notifying users of these collection practices and making opt-out procedures available (if any).
A Client may correlate or merge information provided by Smowtion due to the Services, with personal information already collected or accessible by that Client. Also, on behalf of a Client, Smowtion may correlate or merge personal information provided by the Client with non-personal information that Smowtion collects for that Client. The Clients are responsible for notifying Users whether they correlate or merge personal information to non-personal information that they collect or that Smowtion or any other third party collects on their behalf.
Smowtion shall develop processing of information and personal and non-personal data, according to the Privacy Policy and the additional notices included for certain Services. Also, Smowtion firmly recommends, supports and encourages the Clients, to adopt privacy policies that fully inform the Users about the used information collection practices and use of the Smowtion Services. The User should familiarize itself with the privacy practices of any web site the User visits to understand what information the site collects, how the information is used, what choices the User has, how to access the information, and how it is safeguarded.
Notwithstanding the above mentioned, and provided the User requests the Do not Track option or the User does not want Smowtion to register his interests by selecting the opt-out option, Smowtion shall not correlate nor merge any personal and/or non-personal information for that User.
When a Client registers for an account on our site we will ask for additional information such as Name, email, address, phone number and financial information for the purposes of paying for the services for which they receive. We also provide Clients the opportunity to register to receive relevant tax forms in which case we will ask for additional information such as SSN.
Clients are also provided the opportunity to add additional individuals to access their account. When they do this we will ask for the Client to provide their additional users’ email. If the additional user wishes to request that their personal information no longer be used they may contact us at info@smowtion.com.
Smowtion shall not sell, rent, or trade any of such personally identifiable information to any third party for promotional purposes or otherwise except as expressly described herein. Anyone who has provided personal, contact information through the Smowtion’s Web Site may e-mail Smowtion at info@smowtion.com to update, delete, and/or correct their personal contact information. Smowtion will respond to such a request within thirty (30) days of the date the request is submitted.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Smowtion's Web Site uses cookies to track user’s traffic patterns. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. The use of cookies by our adserving and analytics providers is not covered by our privacy statement. We do not have access or control over these cookies. Our adserving and analytics providers use session ID cookies to track your behavior within smowtion.com website. If a user of Smowtion's Web Site prefers not to receive cookies, such user can set its browser to be warned before accepting cookies and refuse the cookie the user doesn’t want. Smowtion's Web Site may also use analytic tools for cookies, log files, and tags analysis.
Our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.
We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
Smowtion's Web Site might contain links to other web sites that are not owned or controlled by Smowtion. As a consequence, Smowtion shall not be responsible for the acts of those web sites, to which this Privacy Policy shall not be applicable. Smowtion recommends the user to examine the privacy statements posted on those other web sites to understand their procedures for collecting, using, and disclosing personally identifiable information.
The terms and conditions of this Privacy Policy shall be also applied to the users of Smowtion's Web Site, whether there are Clients or not.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at publishers@smowtion.com.
If you use a bulletin board, chat room, blog or forum on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.
To request removal of your personal information from our blog or community forum, contact us at info@smowtion.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Re-Targeted advertising uses information collected on an individual's web browsing behavior such as the pages they have visited or the searches they have made. This information is then used to display ads. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from Smowtion or through third party website publishers. If you would like to opt out of re-targeted advertising from Smowtion that occurs when visiting our third party advertising publishers, please click here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
Smowtion does not collect, use or disclose personally identifiable information about children knowingly to be under 18.
The non-personal data provided to Smowtion by the Clients, as well as any non-personal data that Smowtion collects directly on behalf of the Clients, may be transferred between different advservers, which might be located in different countries, with different regulations regarding data protection. The use of the Services shall be considered as an authorization from Client for the international transfer of the data provided to Smowtion by the Clients, as well as data that Smowtion collects directly on behalf of the Clients.
If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Smowtion has adopted reasonable security measures to protect the information from the Clients, and prevent the non authorized access to their data, or any non-authorized change, disclose or destruction of the same. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). The information collected by Smowtion shall be kept strictly confidential. The access to personal data is restricted to those employees, contractors and agents of Smowtion which need to be disclosed of such data to perform their functions, and develop or improve the Services. Smowtion hold its suppliers to the same standards whenever they provide services related to the Client's information. Smowtion do not permit access to the information to third parties except as directed by the Client.
Notwithstanding the foregoing, considering the internet is an open system, of public access, Smowtion does not guarantee that non-authorized third parties may not eventually overcome the security measures and use the information from Clients in an improper way, in which case Smowtion shall not be responsible. If you have any questions about security on our Web site, you can contact us at info@smowtion.com.
Smowtion reserves the right to transfer the information provided to Smowtion by the Clients, as well as data collected directly by Smowtion on behalf of the Clients, in the event of a merge or acquisition of ownership of Smowtion, or the acquisition of substantially all the assets of Smowtion related to the business which collected such information, or any other kind of transfer of ownership of Smowtion to another entity. In such an event, Smowtion shall adopt reasonable measure for the purpose of assuring that such information be used in a way consistent with the Privacy Policy.
Most of the browsers are configured to accepts cookies, but User may reconfigure their internet browsers to reject all cookies or for the system to indicate when a cookie is sent. However, if cookies are disabled, is possible that some to the features or services of the web sites doesn’t work in a proper way.
Users may opt for its browser not to be identified by the Services, by the installation of an opt-out cookie pressing click here http://publisher.smowtion.com/users/opt
Smowtion will try by all its possible means to facilitate to the Users from whom Smowtion has collected or stored personal information, the access to their personal data (“Rights to Access”), as well as the review, correction, or updated of the same (“Right to Update”), or even the cancellation of those personal data (“Right of Removal”), unless Smowtion could deny such requests, in case its obliged or has right to keep such personal data, under the applicable legislation.
For that purposes, the User shall send its request by an email with the subject “Access to Personal Data” to privacy@smowtion.com. Smowtion may request such User to identify itself, which might be verified by Smowtion, as well as to specify the personal data to which the User wants to access, updated or remove.
Smowtion may reject the processing of those requests which are unreasonably repetitive or systematic, or which demand a disproportionate technical effort, or which may put in danger the privacy of the other Users, or which are considered impractical, or for which it’s not necessary to access to the data.
The services of access, update, and removal of personal data shall be rendered by Smowtion free of charge, except in case it requires a disproportionate or unreasonable effort, in which chase and administrative fee could be charged.
Notwithstanding any other provision on the contrary in this Privacy Policy, Smowtion shall be able to disclose certain personal information from Users and Clients, when Smowtion believes in good faith that such disclose would be reasonably necessary to:
We partner with a third party ad network to either display advertising on our Web site. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
We also use Google AdSense to publish ads on this site. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other Web sites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html
Smowtion shall modify this Privacy Policy any time it considers that as appropriate. In case those changes are material or substantial regarding treatment of personal data collected by virtue of the Services, the same shall be also notified by posting a highlight notice in Smowtions’s Web Site home page. In case a Client wants to be notified by email of such changes, it shall send an email with the subject “List of Privacy Policy Changes”, to privacy@smowtion.com, from the email address where the Client wants to receive such notices.
In case the Client or User has any doubt regarding this Privacy Policy, or its application, it shall contact Smowtion, at any moment, by sending an email to privacy@smowtion.com, 228 Hamilton Avenue 3rd Floor. Palo Alto, CA 94301, USA or info@smowtion.com.
(c) Copyright 2010 Smowtion Co. Corp. All Rights Reserved.
Last update: 2012-08-30