This Privacy Policy, including any attached schedules and exhibits, (“Privacy Policy”) is part of the Enterprise License Agreement and Master Services Agreement or other written or electronic agreements between InContext and Customer (the “Agreement”) and reflects the Parties’ agreement with regard to the data privacy. Privacy is extremely important to InContext Solutions, Inc. (InContext). This Privacy Policy discloses the online privacy practices for the InContext website located at www.incontextsolutions.com and its Software, website applications, including without limitation ShopperMX^TM and SMXGO^TM (collectively, Our “Software”, “Sites” and “Services”).  InContext is committed to protecting your privacy online and this Privacy Policy applies only to information collected through Our website and online applications. Please read the following to learn what information We collect from you and how We use that information. If you have any questions about Our Privacy Policy, please contact Us, as set forth below.

InContext Solutions, Inc. (“We,” “Our,” or “Us”) respects the privacy and security of your personal information.  The following describes how We collect, use and disclose information and what rights you have to it (“Privacy Policy”).  This Privacy Policy describes Our practices in connection with information that We collect from you through Our software applications, services, websites and mobile applications (“Services”) and from sources other than Our Services including, but not limited to, the telephone, mail and trade shows.  By providing information to Us and/or using the Services, you acknowledge and agree to the terms and conditions of this Privacy Policy.  If you do not agree to these terms and conditions, please do not use Our Services.

What Information Do We Collect ?

This Privacy Policy applies when We are a data controller and We gather various types of information from you.  We collect information when you interact with Our Services online or offline.  In general, the information We collect is either (a) provided by you, (b) collected by Us when you use Our Services, or (c) given to Us by third parties.  Where required by law, We get your consent to collect this information.

InContext cares about your privacy.  For this reason, We collect and use personal data only as it might be needed for Us to deliver to you Our world-class products and services and as otherwise permitted by law.  We collect your personal information including, but not limited to, your name, postal addresses, telephone numbers, age, date of birth, email addresses, other data that could directly or indirectly identify you, and Sensitive information (as defined below) and anonymous information about you which is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, including, but not limited to, browser and device information, application and/or Services usage data; information collected through cookies, pixel tags and other similar technologies; demographic information and other information provided by you that does not reveal your specific identity; and information that has been aggregated in a manner that it no longer reveals your specific identity.

In general, you can access many features of Our Services without telling Us who you are or revealing any personal information about yourself.  You also may choose not to provide Us with any personal information.  In such event, you can still access and use many features of Our Services, however, you will not be able to access and use those portions of Our Services that require your personal information.

Some of Our Services may ask you to submit your personal information in order for you to benefit from the specified features.  We collect personal information from you when you voluntarily submit it to Us, such as when you:

• Create a customer account with Us;
• Complete a service request or registration, survey, application or other form;
• Sign-up to receive email newsletters or other correspondence;
• Submit materials through Our Services;
• Participate in a promotion, or marketing activity;
• Request materials from Us; and/or
• Request e-mail, mail or telephone support or services.

You will be informed on what information is required and what information is optional.

We may combine the information you submit with other information We have collected from you, whether on or offline.  We may also combine your personal information with information that We receive about you from other sources, such as suppliers, vendors, publicly available sources and other third parties.

As you use Our Services, We may passively collect (that is, gather without you actively providing the information) non-personal identifiable information and/or use the following technologies which collect such information on Our behalf:

Log files, Browser and/or Device Information.  Certain information is collected from most browsers, such as your IP address, your media access control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, internet browser type and version.  We also may collect information about any mobile device used to access Our Services, such as a unique device identifier and type if you access Our Services through a mobile device. Your IP address is a number that is automatically assigned to your computer or device by your Internet Service Provider.  An IP address is identified and logged automatically in Our server log files whenever a user accesses Our Services, along with the time and date of the visit and/or use and the page(s) and/or features that you visited and/or used.  Collecting IP addresses is standard practice on the Internet and is done automatically by many websites and/or services.

Location Data.  Coarse location (i.e., information derived from device information associated with your IP address, city or country code or address), or precise location for limited services and/or region-specific offerings (“Location Data”).  We may use and store Location Data if you give Us permission to do so.  We may use this data to provide features of Our Services and to improve and customize Our Services.  You can enable or disable Location Data services when you use Our Services at any time through the settings on your device.

Application and/or Services Usage Data.  When you access Our Services, We and Our service providers may track and collect application and/or Services usage data, such as date and time that your devices access Our servers, mouse clicks, mouse movements, keystrokes, page scrolling and what information and files have been downloaded and/or uploaded to Our Services on your device number.

The Services Use Cookies (including Flash Cookies).  A cookie is a small, removable data file that is stored by your web browser or application on your computer and/or device to help Our Services remember you and collect information about your use of the Services.  Cookies allow Us to collect various information including, but not limited to, browser type, time spent on Our Services, features and pages visited, and language preferences.  We and Our service providers use this information for security purposes, to facilitate navigation, display information more effectively, serve you with more tailored information, facilitate your ongoing access to and use of Our Services and to personalize your experience while using Our Services.  We also use cookies to recognize your computer and/or device, which makes your use of Our Services easier, such as to help you log into Our Services.  Please see the Section below on Cookies to learn more about InContext’s use of cookies.

Pixel Tags, Web Beacons, Clear GIFs and other Similar Technologies.  We and Our service providers use pixel tags, web beacons, clear GIFs and other similar technologies in connection with some of Our Services (including email messages) to, among other things, analyze Our users’ behavior and information about them, track the actions of the users of Our Services and/or recipients of Our emails, measure the success of Our marketing campaigns and compile statistics about Our Services usage and response rates.

Analytics.  We use Google Analytics and FullStory, which use cookies and similar technologies to collect and analyze information about the use of Our Services and report on activities and trends.  These services may also collect information regarding the use of other services, websites, applications, and online services.  You can learn about Google’s and FullStory’s practices by going to www.google.com/policies/privacy/partners/ and www.fullstory.com/legal/privacy-policy and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

In addition, We are constantly innovating to improve Our Services, which means We may create new ways to collect information from the Services.  Our Services are a dynamic, innovative environment, which means We are always seeking to improve the Services We offer you.  We often introduce new features, some of which may result in the collection of new information.  If We start collecting substantially new types of personal information and materially change how We handle your data, We will modify this Privacy Policy and make efforts to notify you.

What Are Our Sources of Information?

In addition to the personal information, We collect from you directly, InContext may receive Information about you from a variety of sources, including other individuals and third-party businesses. For instance, We may receive personal information about you from the following sources:

Friends and Other People. We may receive personal information from people you know, such as a friend.

Companies You Direct to Disclose Information. We receive the personal information you ask other companies to provide to Us, such as your mobile carrier, your device carrier, or your cable for authentication and personalization, to receive access to Our content.

Linked Sites and Tools. We may receive Information from websites and tools offered by companies that are not affiliated with Us, but that are linked to or integrated in Our Services or provide links to Our Services, such as services, plug-ins, and applications. Your interactions with websites and tools offered by companies that are not affiliated with Us are covered by the privacy policies of those companies, not this Privacy Policy. You should carefully read the privacy policies of websites and tools you use.

Publicly Available Sources. In limited cases, We may get Information from publicly available sources.

InContext Technology and Service Providers. We may receive personal information from Our service providers and other technology partners We work with, such as companies that assist Us with account validation, analytics, fraud prevention, or otherwise help Us run Our Services.

InContext Advertising and Marketing Partners. We work with advertising and marketing partners, such as advertisers, app developers, publishers, and data providers that enable Us to purchase or deliver ads as well as personalize, target, and measure the performance of those ads or campaigns.  These partners may provide Information about your preferences or interests or may provide personal information that is inferred or derived based on your information, activity, or interactions from different businesses not associated with InContext.

Joint Venture, Promotional, or Strategic Partners. When We partner with other companies, We may receive information from them.

We may combine this personal information with personal information We collect directly from you.

Using Information

We may use your personal information that We collect from you to:

• Provide Our Services to you;
• Customize and/or personalize your communications, surfing, viewing, and/or experience with Our Services;
• Better respond to your inquiries and fulfill your requests, such as to send documents or email alerts;
• Communicate with you about your account information, or customer service needs and other important information regarding Our relationship with you or regarding Our Services, changes to Our Terms and Conditions of Use and Acceptable Use Policy, Privacy Policy, and other policies and/or administrative information;
• Communicate with you about Our products, Services and events, and for other promotional purposes;
• Improve Our business, protect Our operations, and/or allow Us to pursue available remedies or limit damages that We may sustain;
• Calculate usage levels, help diagnose server problems, and administer Our Services;
• Provide technical support to you and for other business purposes, such as data analysis, audits, developing new products, enhancing Our Services, improving Our products and/or Services, identifying Service trends, and determining the effectiveness of any promotional campaigns;
• Advertise and market by modeling, segmenting, targeting InContext and third party advertisers and marketers;
• Enhance safety and security and/or to verify your identity and prevent fraud and halt other unauthorized activity;
• Operate Our business functions including, financing, accounting and audit;
• Improve Our Service(s) by analyzing your information to develop, maintain, optimize Our Services;
• Comply with applicable law, such as pay Our taxes or to enforce or defend Our rights including violations of Our Terms and Conditions of Use and Acceptable Use Policy;
• For the purposes for which you provide use consent;
• Create aggregated data that We use in connection with any of the other uses of personal information set forth herein;
• Fulfill Our purposes set forth herein unless a longer period is required by law or Our retention policies; and
• Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.

In addition, We may use de-identified or anonymous information that We collect from you for any legal purpose whatsoever, except where We are required to do otherwise under applicable law (for example, if We are required to treat such information as your personal information).  If We combine your information that is not in a personally identifiable form with information that is (such as combining your name with your geographical location), We will treat the combined information as your personal information as long as it is combined.

Sharing Information

We disclose your personal information collected from you though Our Services to third parties in the following manner and for the following reasons:

Consent.  If you have consented to such disclosures;

Service Providers.  If the third party is Our service provider who provides services to Us in connection with Our Services including, but not limited to, website and/or mobile application hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer services, email and direct mail delivery services, credit card processing, auditing services and other services;

Business Partners and Third Parties. We may disclose Information to business partners and third parties (e.g., other companies, retailers, distributors, social media networks, research organizations, publishers, and non-profit organizations) for their own purposes, including marketing products or services to you, showing you relevant advertising, or providing an enhanced experience that integrates with one of Our Services. When required, We will ask for your consent or provide opportunities to opt-out.

Sponsors, Co-promotions, and Branded Programs. InContext may offer content or programs (e.g., competitions, sweepstakes, promotions, games, applications, branded community or panel programs or social media integrations) that are sponsored by or co-branded with third parties that may collect or obtain personal information from participants. When you participate in branded events your name and contact information may also be disclosed to other participants or made public;

Advertising and Marketing Companies. InContext may disclose personal information with advertisers, ad agencies, ad networks and platforms and other companies to provide advertising to you based on your interests.

Legal and Law enforcement Purposes. InContext may disclose personal information in response to legal process, for example, in response to a law enforcement agency’s request. We may disclose personal information to third parties for fraud prevention, to investigate or prevent illegal activities or violations of the Terms and Conditions of Use and Acceptable Use Policy of Our Services, to protect the rights and safety of others, or as otherwise required by law;

Change of Control. InContext may transfer your personal information in the event of an actual or potential business transaction, such as if one or more of Our business units or assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization and the related due diligence performed prior to such events; and/or

Affiliates.  If the party is Our affiliate, in which case, We are the party responsible (or data controller) for the management of the jointly-used personal information.

We also may disclose personal information about you upon request by the government (including, but not limited to, the investigatory and enforcement powers of the Federal Trade Commission, and other statutory bodies); as permitted by applicable law (including laws outside your country of residence); in response to a court order or other legal process; when required by law or when We believe in good faith We are required by law; to respond to requests from public and government authorities; to enforce Our Privacy Policy, Terms and Conditions of Use and Acceptable Use Policy, or other agreements and policies applicable to Our Services; to protect Our operations, rights, privacy, safety and/or property; upon your written request; or to contact, identify or bring legal action against someone who may be causing injury to or interference with Our or others’ rights or property including, but not limited to, claims for infringement of intellectual property, invasions of privacy or situations involving threats or alleged threats to the physical safety of a person or the person’s property.  We may also share information with companies assisting in fraud protection or investigation.

We also may provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever.

Protecting Your Information

We use commercially reasonable efforts to implement administrative, technical and physical safeguards to secure your personal information while stored on Our computer systems and/or transmitted to or from Our computer systems.  Regardless of these efforts by Us, no data transmission over the internet or data storage system can be guaranteed to be 100% secure and We cannot assure you that information will never be accessed or used in an unauthorized way.  If you have reason to believe that your interaction, stored data and/or transmissions to and with Us are no longer secure (for example, if you feel that the security of any account that you have with Us has been comprised), please immediately notify Us in writing of the problem by contacting Us in the manner described below.

Some features of Our Services require you to set up a user ID and password.  We recommend that you do not divulge your password to anyone.  We will never ask you for your password in an unsolicited telephone call or email.  If you suspect you have received a fraudulent communication from Us or any of Our affiliates, please contact Us immediately at privacy@InContextSolutions.com.

Do not provide your personal or financial information in response to an email request or after clicking on a link from an email.  We do not ask for this type of information through an email or any communication.

To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis.  Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.

Children’s Online Privacy

We do not knowingly collect personal information from children under the age of thirteen (13).  The Services are not intended to solicit information of any kind from children under the age of thirteen (13), and We have made commercially reasonable efforts to design the Services to prevent Our knowing acceptance of any such information.

It is possible that by fraud, deception or error, We may receive information pertaining to children under the age of thirteen (13).  If We are notified of this, as soon as We verify the information, We will immediately obtain parental consent or otherwise delete the information from Our servers.  If you want to notify Us of Our receipt of personal information belonging to a child under the age of thirteen (13), please do so at privacy@InContextSolutions.com.

Cross-Border Transfer

The Services are controlled and operated by Us from the United States and are not intended to subject Us to the laws or jurisdiction of any state, country or territory other than that of the United States.  InContext, however, is an international business and We have companies and personnel located in countries all around the world. Sometimes Our use of your information requires your information to be transferred to countries outside the country where you are located, including countries where the level of legal protection for your information may be different.  Your personal information may be stored and processed in any country where We or Our service providers have facilities, and by using the Services or by providing consent to Us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including the United States, which may provide for different data protection rules than in your country.  In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

Please contact US by sending Us an email at privacy@InContextSolutions.com to see Our controllers list for the countries where your information may be transferred.

Whenever We transfer your information outside of a country or region, such as the European Economic Area, We will ensure that appropriate safeguards are in place in compliance with applicable law. Usually, this includes using contractual mechanisms (such as standard contractual clauses), but sometimes We may use other legal mechanisms. For further information about the mechanisms, We use to protect your Information when it is transferred outside of your country or region, please contact Us through one of the methods described below.

Sensitive Information.

Unless We specifically request or invite it, We ask that you not send Us, and you not disclose, any “Sensitive Information” (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, and/or criminal background) on or through Our Services or otherwise to Us.  In those cases where We may request or invite you to provide Sensitive Information, We will do so with your express consent.  Any uses or disclosures of your Sensitive Information will be made subject to your express authorization, or as permitted or required by applicable law.

Email Marketing Practices

We adhere to industry standards in Our email marketing practices.  When you choose to opt-into Our email communications and submit your email address to Us, We will send you an email requesting your confirmation.  If you do not click on the confirmation link in the email, you will not be registered to receive Our emails.  This protects your inbox from unwanted emails should someone else provide your email address, or should you change your mind.  Once We receive your request to opt out of such additional marketing communications, We will implement your request to remove you from Our marketing database promptly thereafter.  Please note that opting out of receiving marketing communications from Us does not opt you out of receiving communications from Us regarding ongoing Services and products that you receive from InContext or from parties We have already shared your information with.  Receipt of certain Services and products may require electronic communication, and you may not opt-out of electronic communications related to such Services or products.

Other Websites

While accessing Our Services, you may be directed to other websites and services that are beyond Our control including, but not limited to, a payment processor.  These other websites and services may also use and collect data, solicit personal information and deploy tracking technology including, but not limited to, cookies and pixel tags.  Even though We may have a contract with these entities, We have no control over them or how they collect, distribute or otherwise use your personal information or how they safeguard and secure your personal information.  We are not responsible or liable for the conduct, policies or actions of the owners of such websites and/or services including, but not limited to, the content displayed on these websites and/or services.  These websites and/or services are linked to Our Services only for your convenience and you access them at your own risk.

How can you Control the Usage of Your Personal Information? – Requesting, Unsubscribing, Removing or Modifying

We want to communicate with you only if you want to hear from Us.  You may unsubscribe from receiving emails from Us at any time by using the link included at the bottom of each email communication.  You may also unsubscribe by sending Us an email at privacy@InContextSolutions.com.

If you would prefer that We not share your personal information on a going-forward basis with Our affiliates and/or third-party partners for marketing purposes, you may opt out of this sharing by contacting Us via email at privacy@InContextSolutions.com.  In your response to Us, please state that We should no longer share your personal information with Our affiliates and/or third-party partners for marketing purposes and include your name and e-mail address.

To modify or delete any or all of the personal information you have provided to Us, please email Us at privacy@InContextSolutions.com or login and update your account.  We retain your personal information for the period necessary to fulfill the purposes set forth herein, unless a longer retention period is required or allowed by law, Our document retention policies or to otherwise fulfill a legal obligation, or if it is advisable in light of Our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigation).  Therefore, you should not expect that all of your personal information will be completely removed from Our databases in response to your requests.  The same may be true with respect to modifications to your personal information requested or made by you.

We will seek to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt-out as described herein, We will not be able to remove your personal information from the databases of Our affiliates and third parties with which We have already shared your personal information (i.e., as of the date that We implement your opt-out request).

We reserve the right to send you certain communications related to Our Services that are considered part of your account, such as technical, transactional and/or administrative alerts and/or messages, without offering you the opportunity to opt out of receiving them.

US State Supplement

This Section provides additional information for residents of California, Connecticut, Colorado, Nevada, Utah, Virginia and other states that may subsequently adopt similar statutes (“Regulated State”).  If you are a resident of one of these states, you have certain rights as specified under state law, which you can exercise at set forth herein about information that We have about you.

By choosing to exercise your rights as described below, you are declaring and/or otherwise representing that you are a resident of a Regulated State (including, but not limited to, the California Consumer Privacy Act of 2018, Civil Code Section 1798.100 (“CCPA”)).

a. Right to Know and Access Your Personal Information. You have the right to ask Us to confirm whether We process your personal information and for a copy of your personal information We maintain about you.

b. Right to Deletion. You have the right to request for Us to delete any of your personal information. If you delete your personal information, you will permanently lose access to your personal information and/or your customer account with Us.  We may deny your deletion request when permitted by applicable law or for business purposes including, without limitation, when personal information is needed to comply with Our legal obligations, meet regulatory requirements, support Our business operations, resolve disputes, maintain security, prevent fraud and abuse, enforce Our Terms and Conditions of Use and Acceptable Use Policy, fulfill your request to “unsubscribe” from further messages from Us, or confirm that We have deleted your personal information.  We retain anonymized information after your account has been closed.  We cannot disclose or delete specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of personal information, your account with Us or the security of Our systems.

c. Right to Correct Inaccurate Personal Information and Otherwise Update/Modify. You have the right to correct inaccurate personal information or otherwise update or modify certain of your personal information. If you have a customer account, you may update or modify your personal information by accessing and making changes in your account settings.  If you do not have a customer account, then you may request that your personal information be updated by emailing Us at: privacy@InContextSolutions.com.

d. Right to Opt-Out of the Sale of Your Personal Information. You have the right to ask that We not sell your personal information according to applicable law. Subject to the foregoing, We do share and otherwise transfer your personal information as We describe in this Privacy Policy.

e. Right to Non-Discrimination. We will not discriminate against customers or users who exercise their rights under the laws of Regulated States. We do not use or disclose personal information for profiling in furtherance of decisions that produce legal or similarly significant effects on you without either your explicit consent or where otherwise permitted by applicable law.

f. Right to Limit Use of Your Personal Information for Targeted Advertising. You can ask Us not to use or disclose your personal information for targeted advertising. Even if you opt out of targeted advertising, We will continue to collect and use data for other purposes.

g. Exercising your Rights. If you wish to exercise one of these rights, please contact Us as described herein or email Us at privacy@InContextSolutions.com. Please include your name and email address with your request.  Before We can process any such request, We will need to verify your identity through the email address or telephone number associated with your use of Our Services or your account with Us, and confirm your request prior to fulfilling any such request and reserve the right to deny a request where We are unable to satisfactorily complete this process.  If you authorize someone to make a request on your behalf, We may also deny your request if We are unable to verify that the individual making the request is authorized to act on your behalf.

h. Non-residents. If you are not a resident of a Regulated State, you may still have similar rights to the above. If you would like to exercise one of these rights, please contact Us using the contact details at the end of this Privacy Policy.  We will comply with any request to the extent required under applicable law.

Additional California Requirements

The following are additional California-specific disclosures and metrics provided in accordance with California law:  

Categories of Information:In the last 12 months, We collected the following categories of personal information:

• Personal and online identifiers, such as name, address, email address, online identifiers, IP address, account name, and similar identifiers.
• Commercial and transactions information, such as records of products or services you obtained or considered and other information about your purchasing or consuming histories or tendencies.
• Record-keeping information related to accounts you may have with Us.
• Internet or other electronic network activity information, such as your searches on Our Services and information about your interactions with Our Services, including your interactions with contextual ads that may be shown on Our Services.
• Demographic information/characteristics of protected classifications, such as your gender or age.
• Geolocation data.
• Audio, electronic, visual, or similar information, such as photos, videos, and call recordings.
• Inferences drawn from the above information about your predicted characteristics and preferences.
• Sensitive personal information, such as your account credentials and race or ethnicity.
• Other information about you that is linked to the personal information, such as your date of birth.

Sources of Information. We collect personal information from you and from the following categories of sources:

• Linked sites;
• Our affiliates;
• Our joint-ventures and promotional and strategic partners;
• Information suppliers;
• Distributors and other vendors;
• Other users submitting information about you, such as to invite you to participate in an offering, make recommendations, or share content; and
• Publicly available sources.

Disclosure of Information for Business Purposes. In the past 12 months, We may have disclosed for business purposes each of the categories of personal information listed above to the following categories of third parties:

• Our affiliates;
• Service providers;
• Social media platforms;
• Advertising partners;
• Analytics partners; and
• Promotional partners.

Sales or Sharing of Your Information. California law defines the term “sale” very broadly. It includes the disclosure of personal information in exchange for anything of value. The term “sharing” is defined as disclosure of personal information for personalized advertising which is based on a consumer’s information obtained from the consumer’s activity across non-affiliated websites. Applying these definitions, We may have sold or shared the following categories of personal information in the past 12 months:

• Online identifiers;
• Demographic information;
• Commercial and transactions information;
• Internet or other electronic network activity information;
• Coarse geolocation data; and
• Inferences, such as audience segmentation.

In the past 12 months, We have sold or shared each of the categories of personal information listed above to:

• Our affiliates;
• Promotional partners;
• Advertising partners;
• Analytics partners; and
• Social media platforms.

Children under 16. We do not “share” or “sell” (as defined under California law) personal information of children We know are under 16 years of age.

Right to Opt Out of the Sale or Sharing of Your Information. If you are a California resident, you can tell Us not to “sell” or “share” (as defined under California law) your personal information by sending Us an email at privacy@InContextSolutions.com. Our Services also respond to Global Privacy Control signals where appropriate.

Right to Know Categories of Information. If you are a California resident, you can ask to receive the categories of your personal information that We have collected, used, disclosed, sold, and shared; the categories of sources from which We have collected your personal information; Our purposes for collecting, selling, or sharing your personal information; the categories of personal information We have disclosed or sold; and the categories of third parties to whom We disclosed or sold your personal information.

Sensitive Personal Information.  We do not use or disclose “sensitive personal information” (as defined under California law) in any way that would require Us to provide an opt-out opportunity under California law.

Retention of Information. We retain personal information We collect only for so long as reasonably needed to fulfill the purposes for which We collected it. We use reasonable business criteria to establish retention periods for personal information. For example, if you register on Our Services, We will store your personal information for as long as needed to maintain your account, fulfill your requests, enforce any applicable terms that govern your use of the Services, maintain appropriate records of the above, or as otherwise required by law.

Right to Delete for Users Under 18.  If you are a registered user of one of Our Services, and you are under eighteen (18) years of age, you may have the right to request removal of content or personal information posted on Our Services.  To request this removal, you may contact Us at privacy@InContextSolutions.com or at the addresses set forth below.  Please note that We cannot completely prevent further use or disclosure of that content or information by others once you have shared it in a publicly available forum.

California Metrics. Please  contact Us by sending Us an email at privacy@InContextSolutions.com for metrics for the previous calendar year of the number of access, correction, deletion, and Do Not Sell or Share requests We received, the number fulfilled in whole or in part, and the number denied as well as the average number of days in which We substantively responded.

EEA GDPR Privacy Rights

When using or disclosing personal information transferred from the European Union, We use standard contractual clauses approved by the European Commission and adopt other means under European Union law for ensuring adequate safeguards or obtain your consent.

If you are a resident of the European Economic Area, you may exercise the rights described below:

Right to be Forgotten	The right to require Us to delete your personal information—in certain situations.
Right to Rectification	The right to require Us to correct any mistakes in your personal information.
Right to Access	The right to be provided with a copy of your personal information.
Right to Restriction of Processing	The right to require Us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data.
Right to Data Portability	The right to receive the personal information you provided to Us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
Right to Object	The right to object: ¾   at any time to your personal information being processed for direct marketing (including profiling); ¾   in certain other situations to Our continued processing of your personal information, e.g., processing carried out for the purpose of Our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

Terms of Use 

We have Terms and Conditions of Use and Acceptable Use Policy that set forth the terms and conditions under which We provide Our Services to you.  Please review the Terms and Conditions of Use and Acceptable Use Policy and comply with the terms and conditions set forth therein.

Do Not Track

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, We currently do not alter Our practices when We receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Amendments

Subject to applicable data protection laws, We may change or modify Our Privacy Policy from time to time simply by posting a revised Privacy Policy within Our Services.  Please take a look at the “LAST UPDATED” legend on the bottom of this page to see when this Privacy Policy was last revised.  Any such change shall be effective immediately upon posting of the revised Privacy Policy within Our Services.  We reserve the right to make the revised or changed Privacy Policy effective for information We already have about you, as well as any information We receive in the future.  We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand Our current privacy practices.

Cookies

Cookies are small bits of text that are downloaded to the devices you use to reach and use the Services. Your browser or device holds these cookies and makes them available every time you visit a site again so that it can recognize you and remember important information about you.

We use two kinds of cookies.  Session cookies are temporary cookies that remain in your browser or device until you leave the site. They are then deleted from your device once you leave the Services.  Persistent cookies remain in your browser or device for much longer – they remain there until you delete them or they reach their expiry date, depending on the cookie. These may, for example, be used to remember your preferences when you use the Services, recognize you on your return, and enhance your experience on the Services. Use of a persistent cookie may be linked to personal information while interacting with the Services, such as when you choose to store your usernames so that you do not have to enter them each time you access your accounts. A persistent cookie will be stored on your computer, which is linked to your account information. If you reject the persistent cookie, you may still use the Services but you will be limited in some areas of it.

You can choose to have your computer and/or device warn you each time a cookie is being sent to your computer and/or device or you can choose to turn off all cookies.  You do this through your device settings.  If you turn cookies off, you will not have access to many features that make your use of Our Services more efficient and enjoyable, and in some cases, some of Our Services will not function or will function with limited capability.  To learn more about cookies, please visit http://www.allaboutcookies.org.

Can I Change My Cookie Preferences?

You can always change your cookie preferences or delete cookies altogether.  Browser settings also allow you to choose whether or not to accept cookies or limit certain cookies. Most browsers also provide functionality that lets you review and erase cookies. You may wish to refer to this guide for information on commonly used browsers. If you use the Services without changing your browser settings, We will assume that you are happy to receive all cookies on the Services. Please be aware that if cookies are disabled, not all features of the Services may operate as intended.

You may opt out or change your behavioral advertising cookie preferences by visiting the opt-out page for the Digital Advertising Alliance (U.S. residents and those not in the EU or Canada), the European Interactive Digital Advertising Alliance (EU residents), or the Digital Advertising Alliance of Canada (Canadian residents).

Flash Cookies (also known as Local Shared Objects) cannot be changed by browser settings. The Adobe website provides comprehensive information on how to delete or disable Flash cookies – see Adobe’s website for further information. Please be aware that if you disable or reject Flash cookies for the Services, you may not be able to access certain features, such as video content or services that require you to sign in.

Your mobile operating system may let you opt out from having your information collected or used for interest-based advertising on mobile devices. You should refer to the instructions provided by your mobile device’s manufacturer, but this functionality is usually available in the “Settings” section of your device.

How Does InContext Use Cookies?

The types of information typically collected by cookies include information relating to your use of the Services, your device’s IP address and browser type, how you arrived on one of the Services, your name, and email address if you are logging in, etc.

What Cookies Do We Use?

Below is a list of each category of cookies We use and why We use each cookie. First party cookies are Our own cookies set by InContext, controlled by Us and used to provide information about the usage of the Services.

Essential Cookies or Strictly Necessary Cookies: These cookies are essential to the Services in order for you to move around the Services and to use its features. Without these cookies, certain features could not function. No information about your browsing habits is gathered by these cookies.

Functional Cookies: These cookies remember how you prefer to use the Services and enable Us to improve the way the Services work. We can remember your settings and help provide you a better experience on the Services. Functional cookies are persistent cookies that the Services remembers when your computer or device comes back to that Services.

Analytics Cookies: Analytics cookies allow Us to improve Our Services by collecting information about your use of the Services. We use these cookies to help improve how Our Services work. For example, analytics cookies show Us statistics, which are the most frequently visited pages on the Services, help Us record any difficulties you have with the Services, and show Us whether Our advertising is effective or not. We can’t identify you personally through the use of these cookies, but third parties who provide these cookies may be able to.

Behavioral Advertising Cookies: Behavioral advertising cookies are used to deliver relevant advertisements to users both on and off the Services. We analyze what pages you visit on these sites, what products or services you view, and whether you view or click on ads that are shown to you. We may also use a cookie to learn whether someone who saw an ad later visited and took an action on the advertiser’s site. We use this information to send you interest-based ads and may also share this information with third parties. Similarly, Our partners may use a cookie to determine whether We’ve shown an ad and how it performed, or provide Us with information about how you interact with ads. We may also work with a partner to show you an ad on or off the Services, such as after you have visited a partner’s site or application.

Third Party Cookies: Some of the cookies on the Services are operated by third parties.  Some of these third parties (for example third-party advertisers) may use cookies on the Services, in emails or in Our advertisements on other websites to allow them to deliver the services they are providing. Some of the cookies operated by third parties may be used for analytics purposes, such as to monitor, analyze and prevent fraudulent traffic or other suspicious activities. In order to create a user-friendly experience, some of Our third-party promotions and advertisements are designed to automatically transmit users’ information onto the third party’s landing page when you choose to “click” upon a third party’s advertisement or promotion. We do not control these third parties or their use of cookies. This means it is not possible for Us to manage these cookies. This Policy only covers the use of cookies by InContext and does not cover the use of cookies by any third party. Some of these third party cookies are not session based and have varying expiry dates. Please check the websites of these third parties for details on how they use cookies.

Flash Cookies: We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. Flash cookies are stored on your device, but they are managed through an interface that is different from the one provided by your web browser. This means that it is not possible to manage Flash cookies at the browser level in the same way you would manage other types of cookies. Instead, you can access your Flash management tools from Adobe’s website directly. See Adobe’s website.

For More Information or Assistance Contact Us with Questions and Feedback

If you have any questions regarding this Privacy Policy or the privacy practices of InContext or its affiliates, or if you require assistance to withdraw your consent to Our processing of your personal information or wish to request that your personal information be deleted, please contact Us by sending an email to privacy@InContextSolutions.com or please write to the following address:

United States:

InContext Solutions, Inc.

20 N. Upper Wacker Dr, FL 12

Chicago, IL 60606

c/o Privacy Officer

 

EU Representative:

Incontext Solutions Limited

133 Whitechapel High Street

London E1 7QA, United Kingdom

c/o Privacy Officer

 

Last Updated: July 22, 2025