Effective Date: 4/23/2020

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 website applications, including without limitation ShopperMX™ (collectively, our “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.

Your consent

By using all other Sites and Services, you consent to our privacy policy as well as the Terms & Conditions governing the Sites and Services.

Withdrawal of Consent

Except as required by law, we will not use or disclose your Personal Information for any purpose for which you refuse us consent or later withdraw your consent. You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Information based on the consent you provided before you withdrew it. If you withdraw consent, you agree that in spite of this withdrawal we may continue to use the Personal Information previously provided to us to the extent that we are contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to InContext. You also understand that although you can use our site for some purposes without providing us with any Personal Information, we need Personal Information about you for some Services, including those that require payment or involve an ongoing relationship with InContext. If you refuse to provide us with the Personal Information we require or later withdraw your consent to use and disclose this information, we may no longer be able to provide you with the Sites and Services.

If You Elect Not to Provide Personal Information

You may choose not to provide us with your Personal Information. However, if you choose not to provide your Personal Information, you may not be able to use our Sites and Services.

What information do we collect?

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. Your personal data includes information such as:

• Name
• Telephone number
• Email address
• Other data collected that could directly or indirectly identify you, like Internet Protocol Address (IP Address)

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data.

Anonymized Data

We may create de-identified or anonymous data from Personal Information by excluding data components (such as your name and email address) that makes the data personally identifiable to you, through pseudonymization, or through other means. Use of anonymized and de-identified data is not subject to this Privacy Policy.

Why We Collect Personal Information

We collect information so that we can provide the best possible experience when you utilize our Sites and Services.  Much of what you likely consider personal data is collected directly from you when you:

(1)    create a ShopperMX account or purchase any of our Services

(2)    request assistance from our Customer Success team (ex: phone number);

(3)    complete contact forms or request newsletters or other information from us (ex: email); or

(4)    participate in surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when delivering our Sites and Services to you to ensure necessary and optimal performance. We may also put Personal Information to other uses, which may include communicating information and offers to you; to better understand, analyze, and respond to your needs and preferences; and to subsequently develop, enhance, and/or provide products and services to meet those needs and preferences. We also keep track of your product preferences and instructions and analyze that information. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Account related information is collected in association with your use of our Services, such as account number, statements of works, master services agreements, when products renew or expire, information requests, and customer service requests and notes or details explaining what you asked for and how we responded.

Promotional materials. We collect Personal Information when you communicate with us or sign up to receive promotional materials or information via email.
If you consent to such messages, we may use your Personal Information and other information to communicate with you about our Sites and Services; provide you with promotional messages and personalized offers; to notify you of other products; and, for other marketing purposes.

Please note that regardless of your email settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to the Sites and Services.

We may use your Personal Information to respond to your requests for technical support, online services, or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Information to address your requests, inquiries, and complaints.

When we leverage and/or collect cookies, device IDs, location data from the environment, and other tracking technologies. on our websites and our mobile applications allow us to track your browsing behavior, links clicked, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our Sites and mobile applications, and to collect, analyze and improve the performance of our Sites and Services. We may also collect your location (IP address) so that we can personalize our Services.

Like many online companies, our Sites may use cookies.  Cookies are pieces of code placed on your computer’s hard drive to help us identify you as a user to our Sites.  We use both persistent and temporary cookies.  The temporary cookies do not contain any personally identifiable information.  When you close your browser, the temporary cookies are erased.  The persistent cookies will store your user id even after you close your browser in order to make your use of our Sites more convenient.  You can adjust your browser’s settings to not accept cookies, but please note that doing so may impact your ability to use the Sites.  Remember also that if you access the Sites from more than one browser, you will need to adjust settings on each browser separately.

Data about Usage of Services is automatically collected when you use and interact with our Sites and Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Sites and Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Sites and Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, identify new customers, and provide products and services that may be of interest to you.  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.

International Data Transfers

InContext is a global organization and provides Sites and Service in a variety of jurisdictions. Sharing data cross-border is essential to the Sites and Services so that you receive the same high-quality service wherever you are in the world. As a result, we will, subject to law, transfer Personal Information collected in connection with the Sites and Services, to entities in countries where data protection standards may differ from those in the country where you reside. By accessing the Sites and Services and utilizing the Sites and Services, you understand and consent to our transfer of your Personal Information globally. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries will be entitled to access your Personal Information.

What do we use your information for?

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:

Delivering, improving, updating and enhancing the Services we provide to you.  We collect various information relating to your purchase, use and/or interactions with our Sites and Services. We utilize this information to:

• Improve and optimize the operation and performance of our Services (again, including our Sites and mobile applications)
• Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
• Detect and prevent abuse of our Sites and Services
• Collecting aggregate statistics about use of the Sites and Services
• Understand and analyze how you use our Services and what products and services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

Specifically for Site Usage Information Like most websites, this Site gathers traffic patterns, site usage information and other aggregated data in order to evaluate our visitors’ preferences and the effectiveness of our Site. This aggregate usage data does not identify you individually. We may share anonymous, aggregated statistics about visitors to our Site with others outside our company, or we may allow third-parties to collect aggregate data through our Site.

Sharing with trusted third parties. We may share your personal data with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

• Serving advertisements
• Conducting contests or surveys
• Performing analysis of our Services and customers demographics
• Communicating with you, such as by way email or survey delivery
• Customer relationship management.

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

Communicating with you. We may contact you directly regarding products or services you have signed up or purchased from us, such as necessary to deliver transnational or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services or browse our Sites, however, consent is required to use our Services and applications. These contacts may include:

• Email
• Text (SMS) messages
• Telephone calls

You may also update your subscription preferences with respect to receiving communications from us and/or our partners by signing into your account and visiting “Account Settings” page or contacting us if you are not a ShopperMX user.

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process. We will also share your information to the extent necessary to comply with ICANN or any ccTLD rules, regulations and policies when you register a domain name with us.

Website analytics.  We use multiple web analytics tools provided by service partners such as Google Analytics, WordPress and Microsoft App Insights to collect information about how you interact with our Sites and Services or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our Cookie Policy or the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilizing settings in your browser or third-party tools, such as Disconnect, Ghostery and others.

Targeted advertisements. Targeted ads or interest-based offers may be presented to you based on your activities on our webpages, and other websites, and based on the products you currently own.  These offers will display as varying product banners presented to you while browsing. We also partner with third parties to manage our advertising on our webpages and other websites.  Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness.  If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.

In addition, if you submit your contact information to us, we will place you in our database and send you additional information and materials regarding InContext and our services and products that we think may be of interest to you.  You may opt-out of receiving these additional communications at any time by following the instructions within the email communications.  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 within ten (10) business days.  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.  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.

Third-party websites.  Our Sites and Services or our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites.  Please read the privacy policy of any website you visit.

Access

We will advise you upon request about what Personal Information about you that we have collected, as well as how it has or will be used. If you provide a written request for this information, we will provide it to you within a reasonable time following confirmation of your identity and may, if you are not a European Economic Area resident, charge a reasonable cost (e.g. photocopying and mail charges) to the individual making the request. We will inform you whether or not we hold Personal Information about you and, when possible, the source of the Personal Information, its use, and any parties to whom it may have been disclosed. You may be required to provide sufficient proof of your identity at this time to ensure the safety and security of the Personal Information we hold and that it is provided to individuals in accordance with this Privacy Policy. We reserve the right to decline to provide access to Personal Information where the information requested: would disclose Personal Information of another individual or of a deceased individual; is subject to legal privilege; is personal health information that was not provided to us directly by the individual requesting access; is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; does not exist, is not held, or cannot be found by us; could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or, may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions. We will not respond to repetitious or vexatious requests for access. Please contact us with your request at info@InContextSolutions.com or you may write to us at InContext Solutions, 300 West Adams St. Suite 600 Chicago, IL 60606 United States, Attention: Chief Privacy Officer.

How do we protect your information?

InContext strives to protect your personally identifiable information by utilizing various data encryption tools.  In addition, all data is stored at our third party data center, which is SSAE 16 compliant.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

• mandated by law, contract or similar obligations applicable to our business operations;
• for preserving, resolving, defending or enforcing our legal/contractual rights; or
• needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us using the information below.

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.

Changes to our Privacy Policy

In order to enhance our Sites and Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

Information from Children

We do not collect birth dates, nor do we collect information from children under the age of 13.

Residents of the European Economic Area

In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European consumers and users, this Privacy Policy outlines the legal basis on which we process your Personal Information and provides other information required by the GDPR.

In addition to the common rights granted to all users of the Site and Services who provide us with Personal Information, the GDPR provides the following additional rights to residents of the European Economic Area:

• Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Information, as permitted by law.
• Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances.
• Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
• Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Information, as permitted by law.
• Right to lodge a complaint before the Data Protection Authority (Art.77 GDPR): We encourage you to contact us directly and allow us to work with you to address your concerns.

Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Information relating to you infringes applicable data protection laws.

You may direct questions or complaints to our lead supervisory authority, the UK’s Information Commissioner’s Office, as noted below:

www.ico.org.uk

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom

Phone: 0303 123 1113

For More Information or Assistance

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 you may write to us –

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United States:

InContext Solutions

20 N. Upper Wacker Dr, FL 12

Chicago, IL 60606

 

EU Representative:

Sumi Nair

S0.1

133 Whitechapel High Street

London E1 7QA