Privacy and Data Use Policy - Footmarks

End-user Privacy and Data Use Policy

This is the Footmarks, Inc. (“Footmarks”) Privacy Policy (“Policy”). By using Footmarks you are agreeing to this Policy. Footmarks is provided by Footmarks, Inc., a company headquartered in Washington State, U.S.A. (“we”, “us” or “our”). This privacy policy describes how we collect and use the information collected via the Footmarks technology. It also describes the choices available to you regarding our use of your information and the privacy protections.

Your privacy is very important to us and we are committed to protecting it. If for any reason, you do not want us to collect information on you or your activities or to limit its use, please do not use Footmarks Technology. Footmarks is dedicated to having transparency, accountability and choice regarding the collection and use of your personal information. This Policy covers only information that is collected through the Footmarks Technology, not Apps Powered by Footmarks (“Apps”) defined below.

What is Footmarks Technology?
Footmarks is technology that enables personalized experiences within certain third-party applications (Apps Powered by Footmarks) that contain the Footmarks technology. To determine if the Footmarks technology is installed within applications that you are using on your device, you should refer to the applications privacy policy and settings.

Apps have the ability to disable the Footmarks technology. If you choose to disable the Footmarks technology within an application or in the device settings, we will not collect any information described in this Policy.

This Policy only applies to Footmarks and the data that it collects and not to Apps. For additional data collection policies, please refer to the privacy and data use policies of Apps. The providers of Apps may collect and/or use your information in different ways than we do and we are not responsible for Apps. Apps may provide Footmarks your personal information that they collect. Upon receiving your personal information in this manner, Footmarks will treat your information the same as other personal information that we collect directly. Footmarks collects data whether or not the Apps are running in the background or opened by you, but does not collect data if you disable its functionality within the Apps, device settings, or choose to opt out of data collection.

What Information do we collect?

For purposes of the Policy, proximity information is considered information that in itself or correlated with other data can determine your precise location within several feet, but is not sufficient to know who you are (personal information). Personal information is information that can be used by itself to identify a specific individual and would allow us to determine the actual identity of and/or directly contact a specific living person. It includes information such as name, physical address, phone number and email address. We do not collect personal information on consumers using the Footmarks Technology, but may collect personal information from our Website’s contact form, which is voluntarily submitted by you.

Footmarks does not collect your name, phone number, email address, contacts file, or call or text details.

Footmarks may collect the following types of data based on which App you are using:

  • Location: For Apps with location enabled, we may collect your general location in the form of GPS coordinates (e.g. latitude and longitude), or your precise location by determining that your device is located near one of our Bluetooth beacons. The exact time of day is stored along with the location data. The Bluetooth beacons may be placed within physical spaces, such as, retail locations, parking garages, and office buildings and allows us to collect proximity information on your presence within the space.
  • Interests: For Apps enabling Footmarks SmartProfiles, we may collect such information as Demographics (such as age, gender, general location, etc.) and likes (such as type of music, sports, colleges, etc.). This information is passed into our system from Apps or Partners and is used to enhance the service for you.
    • This information may be deduced by the following activity:
      • Your location history and patterns
    • Device Information: For all Apps, we collect information about your device (e.g., make, model, OS, and similar information.) We do not collect or store your phone number. Footmarks may identify your device using an anonymized (cryptographically hashed) hardware device ID, device manufacturer or operating system-supplied ID meant for advertising use (e.g., Apple’s Advertising Identifier, Google Advertising ID), or a randomly assigned unique identifier. The advertisements delivered by Footmarks platform may include forms or other prompts that allow users to opt-in to share data. However, it is your choice whether or not to provide that data.
    • Footmarks SDK Information: For all Apps, we collect information about our Footmarks technology (mobile SDK.) We use this information to determine what functionality to enable, and allows us the ability to troubleshoot issues.
    • Other Information: For Apps that provide Footmarks additional information, in order to enhance their service to you, they may transfer data they choose which can be used to personalize their service to you. At no times, do we accept credit card or payment information to be stored or passed into our system. If you participate in any Footmarks Feedback programs, we will collect the information that you provide and store it within your account and in aggregate.

    Who do we share data with?

    Sharing of your data is limited at all times and done so only in regards to its intended purpose. By default, we do not share your information with others, except as indicated in this Policy and as follows: We may provide your information to service providers, agents, vendors, contractors, partners, or affiliates who are considered data processors or act as a data processor, whom use such data for the purposes set forth in this Policy. We may also share your data with law enforcement officials upon request, without limitation, in connection with court proceedings. We may also share the data we collect in connection with a prospective or actual sale, merger, reorganization, or transfer of all or parts of our business. Additionally, we may share information where you have given us explicit consent to do so.

    We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

    Notwithstanding the above, we reserve the right to share and use aggregated and de-identified data for our own business purposes, such as to market the Footmarks services.

    If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.
    In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Footmarks is potentially liable.

    Cross-Border Transfer

    The information that we collect is stored and processed on servers throughout the world that may be based on the physical location of the user, client, or partner. We may transfer data to and from these locations, which may include locations in Asia, United States and Europe. By using the Footmarks technology, you consent to the transfer of your information described in this Policy to locations outside of your residence. Footmarks complies with the Principles of the EU-US Privacy Shield Framework (see below).

    EU-U.S. Privacy Shield Framework

    Footmarks, Inc. complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Footmarks, Inc. has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

    In compliance with the EU-US Privacy Shield Principles, Footmarks, Inc. commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact Footmarks, Inc. at: privacy (at) footmarks.com

    Footmarks, Inc. has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

    Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

    Footmarks at:
    Footmarks Privacy Office
    Footmarks, Inc.
    3326 160TH AVE SE, #220
    Bellevue, WA 98008

    Footmarks is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

    Notice
    Where Footmarks collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them, the types of non–agent third parties to which Footmarks discloses that information, the choices and means, if any, Footmarks offers individuals for limiting the use and disclosure of personal information about them, and how to contact Footmarks. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Footmarks, or as soon as practicable thereafter, and in any event before Footmarks uses or discloses the information for a purpose other than that for which it was originally collected.

    Where Footmarks receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

    Choice
    Default Opt’in. Footmarks technology is only enabled after you choose to turn on its functionality within Apps.

    Footmarks will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

    For sensitive personal information, Footmarks will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Footmarks will provide individuals with reasonable mechanisms to exercise their choices.

    Security
    Footmarks will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

    Access
    Upon request, Footmarks will grant individuals reasonable access to personal information that it holds about them. In addition, Footmarks will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

    Footmarks acknowledges that EU individuals have the right to access the personal information/data that we maintain about them. An EU individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to privacy (at) footmarks.com. If requested to remove data, we will respond within a reasonable timeframe.

    Removing Your Data
    You can request to have your data removed from the Footmarks system and to request no future data collection by writing to us at our current physical address located on our website www.footmarks.com. It is our intention to streamline this process in the future to support your ability to send requests electronically.

    Safeguarding Your Data
    Providing safeguards on your data is a priority for Footmarks and we take certain precautions to protect your data that Footmarks collects on your handset and while in transit to our servers by encrypting such information. We recognize that digital data can never be 100% protected, but implement industry standard practices to reduce risk including, but not limited to:

    • Authentication and access control (e.g. password protections)
    • Encryption
    • Boundary protection (e.g. firewalls, intrusion detection)
    • Audit logging
    • Monitoring (e.g. external and internal audits, vulnerability scans)
    • Data Use
      We may use the information that we collect in accordance to what is described in this Policy along with, based on the type of Apps that you use, the following purposes:

      • Notify us and Apps of when you arrive within a zone (beacon location), how long you were there, and when you have left.
      • Deduce the locations that you frequent most often
      • Deduce the most frequent paths that you take within a physical space
      • Develop user profiles that may contain references of your general interests and activity based on your demographics
      • Share your Footmarks SmartProfile with Apps in order for them to create a more personalized experience for you
      • Improve the Footmarks technology, systems and service
      • Respond to requests that you may send us in writing
      • Protect the rights of our users, Apps, and Footmarks
      • Provide you with information about Footmarks
      • We use comments or feedback that is voluntarily provided to us (e.g. Footmarks Feedback) to further enhance our service and may provide such information to Apps and partners to the extent permitted by applicable law.

        We may combine data collected with third-party data provided to us or gathered from partners, public sources, and the like for any purposes described in this Policy.
        We may aggregate or otherwise make the data we collect anonymous and use that anonymous information for our business purposes. This Policy does not apply to any data once it has been de-personalized or has been aggregated to be anonymous or whereby we describe as such during the data collection.

        Data Retention
        Footmarks stores information on your device for approximately sixty days and on our servers for one year or longer based on agreements with our partners, clients, and your written requests.

        Links
        Footmarks may contain links to third-parties including, applications, websites, or services, which have privacy policies of their own that may differ from our Policy. We are not responsible for the activities and practices of these third-parties. You should always refer to the privacy policies of third-parties that are referred to you by Footmarks.

        Enforcement
        Footmarks will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Footmarks determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

        Children’s Privacy
        We do not encourage Footmarks to, nor do we knowingly collect any personal information from, children under thirteen years of age. We will take steps to purge any information that is unknowingly collected by children under the age of thirteen. If you know of any child that has provided us information without their parents’ permission, contact us directly and we will take actionable steps to remove such information.

        Changes
        We reserve the right to change this Policy from time to time, at our sole discretion, and without notice. If any material changes occur regarding the use of your personal information, we will provide appropriate notice to you, such as, notices on our website and when appropriate your mobile device prior to the change. By using the Footmarks technology, you are agreeing to the Policy that is currently published publicly. It is recommended that you check back on this Policy from time to time.

        Other
        This Policy relates to personal information collected whether it is collected online or offline by Footmarks. You may request to view the data collected about you and have it changed or removed by writing to us at our current physical address located on our website www.footmarks.com

        We limit the collection of information to what is relevant to fulfill the purpose(s) for which it is collected or other compatible or related purposes.
        We take steps to verify that the personal information held by us is up to date, accurate and complete, to the extent necessary for the purposes of use. We do this by updating the data collected on a regular ongoing basis using and purge appropriate data after such time that it is determined to be stale.

        Dispute Resolution
        We have set up an internal dispute resolution process and have agreed to prioritize incoming requests. If you have any complaints or concerns, you should contact us via one of the provided methods on our “contact us” page on our website. When contacting us, you must include “Privacy Dispute” in the subject, the alleged privacy violation, your contact information, your proof of identity, and whether you would like the particulars of your complaint shared with third-party arbitrators.

        Contact Us
        We encourage you to contact us with any suggestions or questions that you might have about our information practices described herein. You may contact us by any means provided on our “contact us” page of our website. http://www.footmarks.com/contact/

        Questions or comments regarding this Policy should be submitted to the Footmarks

        Privacy Office by mail to:
        Footmarks Privacy Office
        Footmarks, Inc.
        3326 160TH AVE SE, #220
        Bellevue, WA 98008

        Clients and Partners
        Our use of personal information collected may be enforced by contractual arrangements between Footmarks and our clients and partners. Those agreements may supersede this Policy.

        Last updated: January 25, 2017