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Privacy Policy ShadowShopper Takes Your Privacy Seriously.

PRIVACY POLICY

  1. Touchpoint Media, LLC (the "Company"), which owns and operates the ShadowShopper website and technology platform, has adopted the following Privacy Policy for the purpose of informing those who access or use the website, mobile application, or any other similar type of technologically-enabled means of access to, or use of, the Company's technology platform about the privacy practices that govern such access and use.
  2. The ShadowShopper technology platform, website, mobile applications, or any other similar type of technologically-enabled means of access are hereinafter referred to collectively as the "Technology Platform".
  3. For purposes of this Privacy Policy, the term "you" includes any person accessing or using the Technology Platform, including any legal entity out of which or on behalf of which such person operates.
  4. By accessing or using the Technology Platform, you consent to and agree to be bound by the terms, conditions, and practices described in this Privacy Policy. This policy governs the collection, use and disclosure of all data and information submitted to, obtained by or contained in the Technology Platform, except to the extent such matters are addressed in the Terms of Use governing the Technology Platform, which are incorporated herein as if fully set forth herein.
  5. The Company collects, uses and discloses in accordance with this Privacy Policy the information you submit or create through your use of the Technology Platform, by your actions and inactions ("Your Information"), including, but not limited to:
    1. personally identifying information, such as your name, email address, physical address, telephone number, mobile telephone number, birth date, gender, taxpayer identification number ("TIN"), and
    2. if applicable, any information concerning a bank account or other financial institution to or from which payments are to be made.
  6. he Company will store the information it collects in its databases. The Company will use some or all of Your Information to create a profile for you ("Your Profile"). You will have the right to edit and update certain information contained in Your Profile through the Technology Platform; and you will be solely responsible for ensuring that such information contained in Your Profile is up-to-date. You should not submit any information that you do not want to be disclosed to a third party.
  7. By creating a profile and using the Technology Platform, you hereby authorize the Company to disclose Your Profile to third-parties in connection with the operation of the Technology Platform.
  8. The Company will not disclose credit card or financial information collected from you, if any, unless necessary for third-party processing of transactions. The Company has adopted and abides by commercially reasonable practices to ensure the confidentiality, nondisclosure and protection of any such information.
  9. You acknowledge and agree that the Company has no right of control over the use or disclosure by any third-party of any information that the Company discloses to such third-party, and, to the fullest extent permitted by law, you hereby agree to indemnify and hold harmless the Company from and against any and all liabilities, claims and damages, including attorneys' fees and costs, arising out of any such use or disclosure by a third party.
  10. In addition, the Company, through the Technology Platform, collects, uses and/or discloses in accordance with this Privacy Policy information concerning your use of the Technology Platform, including, but not limited to, page requests, cookie information, any breach by you of the Terms of Use, the device you use to access the Technology Platform, your Internet Protocol address (IP address), location, and various timings/behaviors such as speed of data entry, keystrokes, and orientation of your mobile device, in connection with its anti-fraud systems. The information described in this paragraph is treated as another component of Your Information.
  11. The Company uses Your Information:
    1. to contact you and/or to provide information about potential client opportunities;
    2. to facilitate communication between users of the Technology Platform;
    3. to enable users of the Technology Platform to schedule, coordinate, and/or fulfill client opportunities;
    4. in its delivery of certain administrative services;
    5. to customize the content you see, fulfill your requests for services, evaluate and improve our services to you, and conduct research;
    6. in connection with the operation of the Technology Platform, including its anti-fraud systems; and
    7. to help ensure data accuracy.
  12. As a condition to being eligible to use the Technology Platform, you may be required to provide the Company with an acceptable means of corroborating your identity.
  13. Company does not rent, sell, or share your personally identifiable information except in the following circumstances:
    1. in connection with offering client opportunities, directly or indirectly;
    2. if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use, or as otherwise required by law;
    3. where the Company works with business partners or agents performing functions on our behalf, such as sending e-mail, managing data, or processing credit card payments. They have access to your personally identifiable information to the extent necessary to perform their functions.
    4. the Company may also use your personally identifiable information to inform you of products and services that may be of particular interest to you. We may also want to provide you, directly or through an associated partner or an agent, with related information from third parties that we think may be of interest to you. If you do not want to receive such information, you may opt-out by editing your Profile in the Technology Platform, by notifying us via email to optout@shadowshopper.com, or through the opt-out process of the partner, agent, or third party.
  14. If the Company is involved in a transaction resulting in the Company, or substantially all of its assets, being acquired by or merged into another legal entity, or resulting in a change in the ownership of the Company, Your Information may be transferred to the other legal entity or remain with the Company but with new owners. By entering Your Information, you hereby authorize and consent to such transfer of Your Information, or to Your Information remaining with the Company with new owners.
  15. If you notify the Company that you wish to deactivate Your Profile, the Company may retain such information as required by applicable laws, and may retain such information for an additional period of time that it deems appropriate (the "retention period"), subject to any restrictions imposed by applicable laws. During such retention period the Company will not disclose Your Profile to any third party other than (i) to a third-party to which it has previously disclosed Your Profile pursuant to the terms and conditions of this Privacy Policy, (ii) to a government agency, or (iii) in connection with a legal proceeding in which the Company or a third-party is a party.
  16. In circumstances that the Company determines to be appropriate or required by law, the Company, at its discretion, will disclose Your Information to a government agency, a law enforcement official or a court; and will provide you with prior notification of any such disclosure to the extent the Company in its good-faith judgment determines such notification to be legally required or advisable. We may also use Your Information to the extent necessary to establish or defend Company's legal rights.
  17. The Company reserves the right to amend or revise this Privacy Policy at its discretion, and any such amendments or revisions shall be effective as of the date posted to the Technology Platform. If you attempt to access or use the Technology Platform subsequent to such an amendment or revision, you will be directed to review the most recent version of the Privacy Policy. This feature is intended to ensure that you always remain fully informed about this Privacy Policy.
  18. Any disputes arising out of or relating to your accessing or use of the Technology Platform and this Privacy Policy shall be governed by the arbitration provisions contained in the Company's Terms of Use, which are incorporated herein as if fully set forth herein.
  19. The Company encourages you to submit any comments you might have concerning this Privacy Policy at any time, and to notify the Company if you believe it has not complied with this Privacy Policy.
  20. Please direct any such comments or notifications to us by contacting us through our website at: https://www.shadowshopper.com/
    home/contact_us.cfm

    or by mail to:

    ShadowShopper
    6100 Oak Tree Boulevard, Suite 200
    Independence, OH 44131