Terms of Use
1. Acceptance of the Terms of Use
This website or mobile application is operated by the In App Marketing Management, its
subsidiaries and affiliates (collectively, the “Company," “we," “us," or “our"). The following
terms and conditions, together with any documents they expressly incorporate by reference
(collectively, these “Terms of Use"), govern your access to and use of our website and online
application, including any content, functionality and services offered on or through our
websites, and our online applications that run on smart phones, tablets and other devices which
provide dedicated non-browser-based interaction between you and our website and online
application, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the website and online
application. By using the website and online application, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do
not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the
website and online application.
Persons who are under the age of 18 years of age may only use our website and online application
with legal parental or guardian consent. Accordingly, you agree that you are 18 years of age or
older or possess legal parental or guardian consent and are fully able and competent to enter
into the terms, conditions, representations and warranties set forth in these Terms of Use:
otherwise, please exit the website and online application. We suggest that you take advantage of
any access controls offered through the website and online application or third-party sites,
which are designed to assist you in limiting or blocking access to certain types of web content
you may feel are harmful to or inappropriate for minors.
2. Restricted Section
You acknowledge that the website and online application may include, refer to, or contain
content, features, products or services which make reference to alcohol. Such parts of the
website and online application are intended for the use of only specified persons (Restricted
Section). The Restricted Section is intended for use by you only if you are of legal age to
purchase alcohol in your country of residence and in the country from which you are accessing
the website and online application. If you do not fall within this category, you may be in
breach of laws or regulations applicable in your country of residence or in your country of
access and you are therefore not permitted to access the Restricted Section. You expressly
acknowledge and agree that any use of the Restricted Section in breach of the applicable laws or
regulations in your country or residence or in your country of access will be at your sole risk
and in no event will the Company or its affiliates, or any of its or their respective licensors
or service providers, have any liability arising for or related to such use, whatsoever.
3. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes
are effective immediately when we post them and apply to all access to and use of the website
and online application thereafter.
Your continued use of the website and online application following the posting of revised Terms
of Use means that you accept and agree to the changes. You are expected to check this page each
time you access the website and online application so you are aware of any changes, as they are
binding on you.
4. Accessing the website and online application and Account Security
We reserve the right to withdraw or amend the website and online application, and any service or
material we provide on the website and online application, in our sole discretion without
notice. We will not be liable if for any reason all or any part of the website and online
application is unavailable at any time or for any period. From time to time, we may restrict
access to some parts of the website and online application, or the entire website and online
application, to users, including registered users.
You are responsible for:
- • Making all arrangements necessary for you to have access to the website and online
application.
- • Ensuring that all persons who access the website and online application through your
internet connection are aware of these Terms of Use and comply with them.
To access the website and online application or some of the resources it offers, you may be asked
to provide certain registration details or other information. It is a condition of your use of
the website and online application that all the information you provide on the website and
online application is correct, current and complete. You agree that all information you provide
to register with the website and online application or otherwise, including but not limited to
through the use of any interactive features on the website and online application, is governed
by our Privacy Policy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person with access to the website and online
application or portions of it using your user name, password or other security information. You
agree to notify us immediately of any unauthorized access to or use of your user name or
password or any other breach of security. You also agree to ensure that you exit from your
account at the end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you
or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
5. Intellectual Property Rights
The website and online application and its entire contents, features and functionality (including
but not limited to all information, software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by the Company, its licensors or other
providers of such material and are protected by copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the website and online application for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store or transmit any of the material
on our website and online application, except as follows:
- • Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
- • You may store files that are automatically cached by your Web browser for display
enhancement purposes.
- • You may print one copy of a reasonable number of pages of the website and online
application
for your own personal, non-commercial use and not for further reproduction, publication or
distribution.
- • If we provide desktop, mobile or other applications for download, you may download a
single
copy to your computer or mobile device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license agreement for such applications.
- • If we provide social media features with certain content, you make take such actions as
are
enabled by such features.
You must not:
- • Modify copies of any materials from the website and online application.
- • Use any illustrations, photographs, video or audio sequences or any graphics separately
from
the accompanying text.
- • Delete or alter any copyright, trademark or other proprietary rights notices from copies
of
materials from the website and online application.
Access or use for any commercial purposes any part of the website and online application or any
services or materials available through the website and online application.
If you wish to make any use of material on the website and online application other than that set
out in this section, please address your request to info@theinapp.com .
If you print, copy, modify, download or otherwise use or provide any other person with access to
any part of the website and online application in breach of the Terms of Use, your right to use
the website and online application will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title or interest in or to the
website and online application or any content on the website and online application is
transferred to you, and all rights not expressly granted are reserved by the Company. Any use of
the website and online application not expressly permitted by these Terms of Use is a breach of
these Terms of Use and may violate copyright, trademark and other laws.
6.Trademarks
The Company name and trademarks, the Company logo and all related names, logos, product and
service names, designs and slogans are trademarks of the Company or its affiliates or licensors.
You must not use such marks without the prior written permission of the Company. All other
names, logos, product and service names, designs and slogans on the website and online
application are the trademarks of their respective owners.
7. Prohibited Uses
You may use the website and online application including any Restricted Section only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the website and online
application:
- • In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software).
- • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally identifiable information or
otherwise.
- • To send, knowingly receive, upload, download, use or re-use any material which does not
comply with the Content Standards set out in these Terms of Use.
- • To transmit, or procure the sending of, any advertising or promotional material without
our prior written consent, including any “junk mail", “chain letter" or “spam" or any other
similar solicitation.
- • To impersonate or attempt to impersonate the Company, a Company employee, another user or
any other person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing).
- • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
website and online application, or which, as determined by us, may harm the Company or users
of the website and online application or expose them to liability.
Additionally, you agree not to:
- • Use the website and online application in any manner that could disable, overburden,
damage, or impair the website and online application or interfere with any other party's use
of the website and online application, including their ability to engage in real time
activities through the website and online application.
- • Use any robot, spider or other automatic device, process or means to access the website
and online application for any purpose, including monitoring or copying any of the material
on the website and online application.
- • Use any manual process to monitor or copy any of the material on the website and online
application or for any other unauthorized purpose without our prior written consent.
- • Use any device, software or routine that interferes with the proper working of the website
and online application.
- • Introduce any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful.
- • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
website and online application, the server on which the website and online application is
stored, or any server, computer or database connected to the website and online application.
- • Attack the website and online application via a denial-of-service attack or a distributed
denial-of-service attack.
- • Otherwise attempt to interfere with the proper working of the website and online
application.
8. User Contributions
The website and online application may contain message boards, chat rooms, personal web pages or
profiles, forums, bulletin boards and other interactive features (collectively, “Interactive
Services") that allow users to post, submit, publish, display or transmit to other users or
other persons (hereinafter, “ post") content or materials (collectively, “User Contributions")
on or through the website and online application.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the website and online application will be considered
non-confidential and non-proprietary. By providing any User Contribution on the website and
online application, you grant us and our affiliates and service providers, and each of their and
our respective licensees, successors and assigns the right to use, reproduce, modify, perform,
display, distribute and otherwise disclose to third parties any such material according to your
account settings.
You represent and warrant that:
- • You own or control all rights in and to the User Contributions and have the right to grant
the license granted above to us and our affiliates and service providers, and each of their
and our respective licensees, successors and assigns.
- • All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not the Company, have fully responsibility for such content, including its
legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User
Contributions posted by you or any other user of the website and online application.
9. Monitoring and Enforcement; Termination
We have the right to:
- • Remove or refuse to post any User Contributions for any or no reason in our sole
discretion.
- • Take any action with respect to any User Contribution that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal safety of
users of the website and online application or the public or could create liability for the
Company.
- • Disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights
or their right to privacy.
- • Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the website and online application.
- • Terminate or suspend your access to all or part of the website and online application for
any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the website and online application.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the website and online
application, and cannot ensure prompt removal of objectionable material after it has been
posted. Accordingly, we assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities described in this
section.
10. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local and
international laws and regulations. Without limiting the foregoing, User Contributions must not:
- • Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable.
- • Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age.
- • Infringe any patent, trademark, trade secret, copyright or other intellectual property or
other rights of any other person.
- • Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these Terms of Use
or our Privacy Policy.
- • Be likely to deceive any person.
- • Promote any illegal activity, or advocate, promote or assist any unlawful act.
- • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm
or annoy any other person.
- • Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
- • Involve commercial activities or sales, such as contests, sweepstakes and other sales
promotions, barter or advertising.
- • Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
11. Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of
copyright infringement to support@theinapp.com. It is the policy of the Company to terminate the
user accounts of repeat infringers.
12. Reliance on Information Posted
The information presented on or through the website and online application is made available
solely for general information purposes. We do not warrant the accuracy, completeness or
usefulness of this information. Any reliance you place on such information is strictly at your
own risk. We disclaim all liability and responsibility arising from any reliance placed on such
materials by you or any other visitor to the website and online application, or by anyone who
may be informed of any of its contents.
The website and online application may include content provided by third parties, including
materials provided by other users. All statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other than the content provided
by the Company, are solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion of the Company. We are
not responsible, or liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.
13. Changes to the website and online application
We may update the content on the website and online application from time to time, but its
content is not necessarily complete or up-to-date. Any of the material on the website and online
application may be out of date at any given time, and we are under no obligation to update such
material.
14. Information About You and Your Visits to the Website and Online Application
All information we collect on the website and online application is subject to our Privacy
Policy. By using the website and online application, you consent to all actions taken by us with
respect to your information in compliance with the Privacy Policy.
15. Online Purchases and Other Terms and Conditions
All purchases through our website and online application or other transactions for the sale of
goods or services formed through the website and online application or as a result of visits
made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of
Use.
Additional terms and conditions may also apply to specific portions, services or features of the
website and online application. All such additional terms and conditions are hereby incorporated
by this reference into these Terms of Use.
16. Linking to the Website and Online Application and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way
as to suggest any form of association, approval or endorsement on our part without our express
written consent.
The website and online application may provide certain social media features that enable you to:
- • Link from your own or certain third-party websites to certain content on the website and
online application.
- • Send e-mails or other communications with certain content, or links to certain content, on
the website and online application.
- • Cause limited portions of content on the website and online application to be displayed or
appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the
content they are displayed with and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing, you must not:
- • Establish a link from any website that is not owned by you.
- • Cause the website and online application or portions of it to be displayed, or appear to
be displayed by, for example, framing, deep linking or in-line linking, on any other
website.
- • Link to any part of the website and online application other than the homepage.
- • Otherwise take any action with respect to the materials on the website and online
application that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must
comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to
cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
discretion.
17. Links from the Website and Online Application
If the website and online application contains links to other sites and resources provided by
third parties, these links are provided for your convenience only. This includes links contained
in advertisements, including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from your use of them. If you decide to access any of the third party
websites linked to the website and online application, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
Access to the website and online application may not be legal in certain countries. If you access
the website and online application in such cases, you do so on your own initiative and are
responsible for compliance with the relevant local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the website and online application will be free of viruses or
other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of
data input and output, and for maintaining a means external to our website and online
application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT
YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
20. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO
IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
21. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and
service providers, and its and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys'
fees) arising out of or relating to your violation of these Terms of Use or your use of the
website and online application, including, but not limited to, your User Contributions, any use
of the website and online application's content, services and products other than as expressly
authorized in these Terms of Use or your use of any information obtained from the website and
online application.
22. Governing Law and Jurisdiction
All matters relating to the website and online application and these Terms of Use and any dispute
or claim arising therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the laws of the Dubai
International Financial Centre, without giving effect to any choice or conflict of law provision
or rule (whether of the Dubai International Financial Centre or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the
website and online application shall be instituted exclusively in the courts of the Dubai
International Financial Centre, although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any
other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE
WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed
a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
25. Entire Agreement
This Terms of Use, Privacy Policy and Terms of Sale constitute the sole and entire agreement
between you and the Company with respect to the website and online application and supersede all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the website and online application.
26. Your Comments and Concerns
The website and online application is operated by:
The In App Marketing Management and/or its affiliates
All notices of copyright infringement claims should be sent to info@theinapp.com
All other feedback, comments, requests for technical support and other communications relating to
the website and online application should be directed to info@theinapp.com
Thank you for visiting the website and online application.
Introduction
The In App Marketing Management companies worldwide, its subsidiaries, affiliates (collectively,
the "In App," "Company," "we," "us," or "our") recognize the importance of protecting the
privacy of all consumers ("you" or "user") who access and/or use, whether as a guest or a
registered user, our websites, or portions of our websites, including any content, functionality
and services offered on or through our websites, any webpages, our online or offline mobile
applications that run on smart phones, tablets and other devices which provide dedicated
non-browser-based interaction between you and our sites (all of which are collectively called
our "Sites").
This Privacy Policy will inform you as to our purposes for collecting and processing your
personal information, our practices for collecting, using, maintaining, retaining, protecting
and disclosing your personal data when you visit this and all of our Sites (regardless of where
you visit it from) and inform tell you about your privacy rights and how the law protects such
rights.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY POLICY
This Privacy Policy aims to give you information on how the Company collects and processes your
personal data through your use of any of its Sites, including any data you may provide through
this Site when you register or sign in on any of our Sites, purchase a product or service or
take part in a competition. We will only use your personal data to provide you with our
services, for legitimate business purposes and to fulfil legal obligations. It is important that
you read this Privacy Policy together with any other privacy notice or fair processing notice we
may provide on specific occasions when we are collecting or processing personal data about you
so that you are fully aware of how and why we are using your data. This Privacy Policy
supplements these other notices and is not intended to override them.
PERSONS UNDER AGE OF 13 YEARS
The Sites are not intended for children and we do not knowingly collect data relating to
children. Our Sites are not intended for use by persons under 13 years of age without legal
parental or guardian consent. No one under age 13 may provide any personal information to or on
our Sites without legal parental or guardian consent. We do not knowingly collect personal
information from persons under 13 if such information is provided without legal parental or
guardian consent. If you are under 13, do not use or provide any information on our Sites, or on
or through any of their features register on the Sites, make any purchases through our Sites,
use any of the interactive or public comment features of our Sites or provide any information
about yourself to us, including your name, address, telephone number, e-mail address or any
screen name or user name you may use without legal parental or guardian consent. If we learn we
have collected or received personal information from a person under 13 without verification of
parental consent, we will delete that information. If you believe we might have any information
from or about a person under 13 for which there is no legal parental or guardian consent, please
contact us.
CONTROLLER
The Company is made up of different legal entities. This Privacy Policy is issued on behalf of
the Company so when we mention " Company", " In App Marketing Management ", " we", " us" or "
our" in this Privacy Policy, we are referring to the relevant company responsible for processing
your data.
We have appointed a data protection officer ( "DPO") who is responsible for overseeing questions
in relation to this Privacy Policy. If you have any questions about this Privacy Policy,
including any requests to exercise your legal rights, please contact the DPO using the details
set out below.
Contact Details
Attention: Data Protection Officer
Email address: info@theinapp.com
You have the right to make a complaint at any time to the relevant supervisory authority for
data protection issues. We would, however, appreciate the chance to deal with your concerns
before you approach the relevant supervisory authority so please contact us in the first
instance.
For any questions or comments relating to this Privacy Policy or the manner in which we collect
and use your personal data, please contact us.
THIRD-PARTY LINKS
The Sites may include links to third-party websites, plug-ins and applications. Clicking on
those links or enabling those connections may allow third parties to collect or share data about
you. We do not control these third-party websites and are not responsible for their privacy
statements. When you leave our Sites, we encourage you to read the privacy policy of every
website or other site you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which
that person can be identified. It does not include data where the identity has been removed
(anonymous data).
Depending on which of our products and/or services you use and how you interact with our Sites,
we collect different kinds of information from or about you. We may collect, use, store and
transfer different kinds of personal data about you which we have grouped together follows:
- • Identity Data includes first name, last name, address, username or
similar
identifier, marital status, title, date of birth, and gender.
- • Contact Data includes billing address, delivery address, location,
email
address, and/or telephone numbers.
- • Financial Data includes payment card details and payment history.
- • Transaction Data includes details about payments to and from you and
other
details of products and services you have purchased from us.
- • Technical Data includes internet protocol (IP) address, your login data,
browser type and version, make and model (mobile phones only), operating system, hardware
version, platform, device settings, and other technology identification on the devices used
to access our Sites, file and software names and types, device identifiers, time zone
setting and location, device locations such as through GPS, Bluetooth or WiFi signals,
browser plug-in types and versions, operating system and platform, connection information
such as the name of your mobile operator or ISP, browser type, language and time zone,
mobile phone number and IP address.
- • Profile Data includes your username and password, purchases or orders
made
by you, your interests, preferences, feedback, and survey responses.
- • Usage Data includes information about how you use our Sites,
products,
and
services including the redemption of our offers, how you use your devices to access our
Sites, including the screens you visit and searches you make.
- • Other Data includes:
- • Photos or other data uploaded onto any of our Sites by you or shared with
other
users of our Sites by you via our Sites.
- • Communications with us via social media platforms, email, electronic messages,
and
other electronic and non-electronic communications.
- • Third-party partner information related to how you use our third-party
partners,
such as your reviews of our merchant partners or other service providers.
- • Your networks and connections made available to us, depending on the permissions
you have granted, from your mobile and desktop devices' address book contacts, and
other social media such as Facebook, Instagram, Pinterest, and Twitter.
- • Marketing and Communications Data includes your preferences in
receiving
marketing from us and our third parties and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data for any
purpose. Aggregated Data may be derived from your personal data but is not considered personal
data in law as this data does not directly or indirectly reveal your identity. For example, we
may aggregate your Usage Data to calculate the percentage of users accessing a specific Site
feature. However, if we combine or connect aggregated data with your personal data so that it
can directly or indirectly identify you, we treat the combined data as personal data which will
be used in accordance with this Privacy Policy.
We do not collect the following Special Categories of Personal Data: your philosophical beliefs,
sex life, sexual orientation, political opinions, trade union membership, information about your
health and genetic and biometric data. Nor do we collect any information about criminal
convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you
and you fail to provide that data when requested, we may not be able to perform the contract we
have or are trying to enter into with you (for example, to provide you with goods or services).
In this case, we may have to cancel a product or service you have with us but we will notify you
if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- • Direct interactions: You may give us your Identity, Contact, and
Financial Data by filling in forms or by corresponding with us by post, phone, email, or
otherwise. This includes personal data you provide when you:
- • Apply for or purchase our products or services.
- • Create an account or register on our Sites.
- • Subscribe to our service or publications.
- • Request marketing to be sent to you or further services to be provided to you.
- • Enter a competition, promotion, or survey.
- • Correspond with us (online or offline including via email addresses and phone
numbers), if you contact us.
- • Post material on our Sites.
- • Give us some feedback.
You also may provide information to be published or displayed (hereinafter, "posted") on
public areas of our Sites or transmitted to other users of our Sites or third parties
(collectively, "User Contributions"). Your User Contributions are posted on and
transmitted to others at your own risk. Although we limit access to certain pages, you
may set certain privacy settings for such information by logging into your account
profile or by contacting us. Please be aware that no security measures are perfect or
impenetrable. Additionally, we cannot control the actions of other users of our Sites
with whom you may choose to share your User Contributions. Therefore, we cannot and do
not guarantee that your User Contributions will not be viewed by unauthorized persons.
- • Automated technologies or interactions. As you interact with our
Sites, we may
automatically collect Technical Data about your equipment, browsing actions and
patterns. We collect this personal data by using cookies, server logs, web beacons,
and other similar technologies. We may also receive Technical Data about you if you
visit other Sites employing our cookies.
- • Cookies: We automatically capture some information through the
use
of cookies. A cookie is a small file that is placed onto your desktop or mobile
device when you visit our Sites in order to enable certain features and
functionality of our Sites. Our cookies can be categorized into four types, each of
which is outlined below:
- Category 1: Strictly necessary cookies. These cookies are
essential for enabling our Sites to provide certain of your requested services
such as retaining your shopping bag items.
- Category 2:Performance cookies. Performance cookies collect
anonymous information on the users of our Sites to enable us to improve the
operation of our Sites. For example, we utilize cookies to help us understand
how customers arrive at and browse or use our Sites, and highlight improvement
areas such as navigation, shopping experience, and marketing. The data stored by
these cookies does not include personal details from which an individual's
identity can be established.
- Category 3:Functionality cookies. These cookies retain choices
you make such as member ID, email ID, and other preferences in order to help you
avoid having to re-enter the information as you navigate through our Sites,
including the shopping cart.
- Category 4:Targeting or advertising cookies. These cookies
collect information about your browsing habits to allow us to provide
advertising relevant to you and your interests. The cookies retain information
about the websites you have visited. This information is shared with other
parties such as advertisers on an anonymous basis. Your personally identifiable
information such as your name and address is not shared with such third parties.
For example, we use third-party companies to provide you with more personalized
advertisements when you visit certain third-party websites.
- Web beacons: Pages of our Sites and our e-mails may contain small
electronic files known as web beacons (also referred to as clear gifs, pixel tags
and single-pixel gifs) that permit the Company, for example, to count users who have
visited those pages or opened an e-mail and collect other related website and app
statistics (for example, recording the popularity of certain app content and
verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information
to personal information about you that we collect from other sources or you provide
to us.
- Log files:We may use log files to capture your activities on our
apps as they interact with our Sites. Information captured in such log files may
include the types of content you view or engage with and the frequency or duration
of your activities.
- Third parties or publicly available sources: We may receive personal
data about you from various third parties and public sources as set out below:: and
public sources as set out below:
- •Technical Data from the following parties:
- 1.Analytics providers based either inside or outside the EU
- 2.Advertising networks based either inside or outside the EU;
- 3.Search information providers based either inside or outside the EU; or
- 4Third parties we contract with and/or their subsidiaries and affiliates to provide
you a service based either inside or outside the EU.
- • Contact, Financial, and Transaction Data from providers of
technical, payment, and delivery services based either inside or outside the EU.
- • Identity and Contact Data from data brokers or aggregators based
either inside or outside the EU.
- • Identity and Contact Data from publicly available sources based
either inside or outside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use
your personal data in the following circumstances:
- • Where we need to perform the contract we are about to enter into or have entered into
with you.
- • Where we need to perform a contract we have with a third party to provide you a
product
or service.
- • Where it is necessary for our legitimate interests (or those of a third party) and
your
interests and fundamental rights do not override those interests.
- • Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other
than in relation to sending third party direct marketing communications to you via email,
text message or other means. You have the right to withdraw consent to marketing at any time
by contacting us.
5. MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly
around marketing and advertising.
- • Direct Marketing by the Company: If you do not wish to have your
personal data used by the Company to promote our own or third parties' products or
services, you can opt-out by contacting us. If we have sent you a promotional e-mail,
you may send us a return e-mail asking to be omitted from future e-mail distributions.
This opt out does not apply to information provided to the Company as a result of a
product or service purchase, product service experience or other transactions.
- • Targeted Advertising:If you do not want us to use information that we
collect or that you provide to us to deliver advertisements according to our
advertisers' target-audience preferences, you can opt-out by Contacting us.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data and Special Categories
of Personal Data to form a view on what we think you may want or need, or what may be of
interest to you. This is how we decide which products, services and offers may be relevant
for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us
or purchased goods or services from us or if you provided us with your details when you
entered a competition or registered for a promotion and, in each case, you have not opted
out of receiving that marketing.
THIRD-PARTY MARKETING
By consenting to this Privacy Policy, you acknowledge and agree that your personal data (such
as your name, email address, gender, date of birth and nationality) may be shared with third
parties for marketing purposes. These third parties may have their own privacy policies that
apply when they collect information from or about you. However, these third parties may
provide you with ways to choose not to have your information collected or used in this way.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by logging
into the website and checking or unchecking relevant boxes to adjust your marketing
preferences or by following the opt-out links on any marketing message sent to you or by
contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data
provided to us as a result of a product/service purchase, warranty registration,
product/service experience or other transactions.
6.COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites
set or access cookies. If you disable or refuse cookies, please note that some parts of our
Sites may become inaccessible or not function properly. For more information about the
cookies we use, please see Section 3 – How is your Personal Data collected above.
7. LOCATION INFORMATION
You can choose whether or not to allow our Sites to collect and use real-time information
about your device's location through the device's privacy settings. If you block the use of
location information, some parts of our Sites may then be inaccessible or not function
properly.
8. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we
reasonably consider that we need to use it for another reason and that reason is compatible
with the original purpose. If you wish to get an explanation as to how the processing for
the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will
explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in
compliance with the above rules, where this is required or permitted by law.
9. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being
accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In
addition, we limit access to your personal data to those employees, agents, contractors and
other third parties who have a business need to know. They will only process your personal
data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will
notify you and any applicable regulator of a breach where we are legally required to do so.
10. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we
collected it for, including for the purposes of satisfying any legal, accounting, or
reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount,
nature, and sensitivity of the personal data, the potential risk of harm from unauthorised
use or disclosure of your personal data, the purposes for which we process your personal
data and whether we can achieve those purposes through other means, and the applicable legal
requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be
associated with you) for research or statistical purposes in which case we may use this
information indefinitely without further notice to you.
11. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your
personal data. These include the following:
- • Request access to your personal data
- • Request correction of your personal data.
- • Request erasure of your personal data.
- • Object to processing of your personal data.
- • Request restriction of processing your personal data.
- • Request transfer of your personal data.
- • Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
12. UNFOUNDED ACCESS REQUESTS
If your request to access your personal data (or to exercise any of the other rights) is
clearly unfounded, unsubstantiated, repetitive or excessive, we may refuse to comply with
your request in these circumstances.
13. WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and
ensure your right to access your personal data (or to exercise any of your other rights).
This is a security measure to ensure that personal data is not disclosed to any person who
has no right to receive it. We may also contact you to ask you for further information in
relation to your request to speed up our response.
14. TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us
longer than a month if your request is particularly complex or you have made a number of
requests. In this case, we will notify you and keep you updated.
YOUR LEGAL RIGHTS
You have the right to:
- • Request access to your personal data (commonly known as a "data subject access request").
This enables you to receive a copy of the personal data we hold about you and to check that
we are lawfully processing it.
- • Request correction of the personal data that we hold about you. This enables you to have
any incomplete or inaccurate data we hold about you corrected, though we may need to verify
the accuracy of the new data you provide to us.
- • Request erasure of your personal data. This enables you to ask us to delete or remove
personal data where there is no good reason for us continuing to process it. You also have
the right to ask us to delete or remove your personal data where you have successfully
exercised your right to object to processing (see below), where we may have processed your
information unlawfully or where we are required to erase your personal data to comply with
local law. Note, however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if applicable, at the time
of your request.
- • Object to processing of your personal data where we are relying on a legitimate interest
(or those of a third party) and there is something about your particular situation which
makes you want to object to processing on this ground as you feel it impacts on your
fundamental rights and freedoms. You also have the right to object where we are processing
your personal data for direct marketing purposes. In some cases, we may demonstrate that we
have compelling legitimate grounds to process your information which override your rights
and freedoms.
- • Request restriction of processing of your personal data. This enables you to ask us to
suspend the processing of your personal data in the following scenarios: (a) if you want us
to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not
want us to erase it; (c) where you need us to hold the data even if we no longer require it
as you need it to establish, exercise or defend legal claims; or (d) you have objected to
our use of your data but we need to verify whether we have overriding legitimate grounds to
use it.
- • Request the transfer of your personal data to you or to a third party. We will provide to
you, or a third party you have chosen, your personal data in a structured, commonly used,
machine-readable format. Note that this right only applies to automated information which
you initially provided consent for us to use or where we used the information to perform a
contract with you.
- • Withdraw consent at any time where we are relying on consent to process your personal
data. However, this will not affect the lawfulness of any processing carried out before you
withdraw your consent. If you withdraw your consent, we may not be able to provide certain
products or services to you. We will advise you if this is the case at the time you withdraw
your consent.
15. UPDATES TO THIS PRIVACY POLICY
We may amend this Privacy Policy from time to time to keep it up to date with legal
requirements and the way we operate our business. If we decide to change our Privacy Policy,
we will place any updates on this webpage and the privacy sections of any relevant
platforms.
16. LEGAL
Without prejudice to your rights under applicable laws, our Privacy Policy is not a contract
and does not create any legal rights or obligations.