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 Privacy policy - Mediaplex This page sets forth the privacy policies and practices for the Mediaplex AdVault suite of products. Please read this privacy policy carefully, since by visiting this site and sharing information with Mediaplex, you agree to be bound by the terms and conditions of this Privacy Policy unless you offer different terms which are accepted by Mediaplex or its parent, ValueClick, Inc., in writing. To the extent there is a conflict between the terms of this Privacy Policy and a written agreement to which Mediaplex is party, the terms of such agreement shall prevail with respect to the parties to that agreement MEDIAPLEX IS NOT INVOLVED WITH ADWARE Mediaplex is an application service provider that has been serving the marketing communications industry under the AdVault® product name. Mediaplex AdVault® software enables advertising agencies and other companies to operate their businesses more efficiently, through effective agency management, media management, and content management and has nothing to do with monitoring individual consumer's online activities. Mediaplex absolutely does not create, support or deploy any software related to spyware or tools that remove spyware or cookies from local desktops. In fact, the vast majority of our clients use AdVault® solutions for offline activities I. INFORMATION WE COLLECT The Mediaplex site is not directed towards individual Internet consumers nor does it seek any personally identifiable information ("PII") from such consumers. PII may be collected should a consumer contact Mediaplex on his/her own accord and volunteer PII. Mediaplex AdVault also collects PII from its clients subject to the confidentiality provisions of a license or other agreement between the parties. Mediaplex AdVault uses cookies to validate the identity of a client and maintain the security and privacy of client data. Like most standard website servers, we use log files to collect Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, and date/time stamp. We use the information to analyze site usage, administer the site, understand usage and navigation trends in aggregate, and determine the relevance of content. We reserve the right to retain such data as long as may be reasonably necessary. II. INFORMATION SHARING Mediaplex may share information with its affiliated entities for or in connection with the sale, merger, consolidation, change in control, transfer of substantial asset, reorganization or liquidation of any of the ValueClick companies. Mediaplex also may release information when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply our agreements; or protect the rights, property, or safety of Mediaplex or others. This includes exchanging information with other companies and organizations for fraud protection. III. CONSUMER CHOICE AND ACCESS Because the Mediaplex site is not directed towards nor seeks to collect information from individual Internet consumers, it does not maintain a process for an individual consumer to review and/or request changes to any PII collected. IV. SECURITY Mediaplex employs industry-standard security measures to ensure the security of all data. Any data that is stored on the Mediaplex AdVault servers is treated as proprietary and confidential and is not available to the public. Mediaplex has an internal security policy with respect to the confidentiality of customer and other data, allowing access only to those employees or third parties who have a need to know such information for the purpose of effectively delivering Mediaplex AdVault products and services by means of user login and password requirements. Mediaplex routinely evaluates its data security practices to identify security threats or opportunities for improvement. No transmission of data over the Internet, however, is guaranteed to be completely secure. It may be possible for third parties not under the control of Mediaplex to intercept or access transmissions or private communications unlawfully. While we strive to protect your information, Mediaplex cannot ensure or warrant the security of any information you transmit to us. You acknowledge and assume this risk when communicating with us. V. CONSENT AND CHANGES Mediaplex may find it necessary or be legally obligated to update this Privacy Policy from time to time. When we do, we will post those changes on this page and update the effective date so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by Mediaplex prior to the effective date of the policy change. VI. CHILDREN'S PRIVACY The Mediaplex site and its products and services are not developed for or directed at children. VII. DATA PROCESSING/SAFE HARBOR The European Union ("EU") maintains strict privacy laws. These rules differ significantly from US laws. To reconcile these differences, the US and the EU have created a Safe Harbor that defines mutually acceptable privacy operations. ValueClick, Inc. adheres to the Safe Harbor principals. For more information see www.export.gov/safeharbor. By providing information to Mediaplex, you acknowledge that they operate in the United States and agree to (i) permit Mediaplex to transmit and use your User information anywhere necessary, including across international boundaries, to affect the services and transactions provided by this site; and (ii) that such use by Mediaplex shall be subject to the terms and conditions stated in this Privacy Statement and applicable Terms and Conditions and Policies. VIII. LIMITATION OF LIABILITY, THIRD PARTY INFORMATION & LANGUAGE YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER THE PRIVACY OF MEDIAPLEX ADVAULT DATA OR MEDIAPLEX’ PRACTICES IS SUBJECT TO THE PROVISIONS OF THIS PRIVACY POLICY AND ANY APPLICABLE TERMS AND CONDITIONS (WHICH MAY INCLUDE LIMITATIONS ON DAMAGES AND/OR ARBITRATION OF DISPUTES). YOU AGREE THAT MEDIAPLEX’ LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE GREATER OF THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY MEDIAPLEX OR $250 TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY ANY APPLICABLE TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS PRIVACY POLICY SHALL BE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. In addition, you agree that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to Mediaplex with regard to: (a) the purposes for which such third party's personal data has been collected; (b) the intended recipients or categories of recipients of the third party's personal data; (c) which of the third party's data are obligatory and which data, if any, are voluntary; and (d) how the third party can access and, if necessary, rectify the data held about them. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. CONTACT US For more information or if you have questions or concerns regarding this Privacy Policy, please email us at privacy@advault.mediaplex.com or you can send correspondence to the following address: Mediaplex, Privacy Officer, Commerce Crossings Place, 5111 Commerce Crossings Drive, Suite 200, Louisville, Kentucky 40229-2193.
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