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BY USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1. AUTHORITY; ELIGIBILITY
1.1 If you use the Services on behalf of a company, organization, or other entity, then (a) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and that you agree to the Agreement on the entity’s behalf, and (b) the word "you" includes you and that entity.
1.2 The Services are not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Services in connection with any minors. Any use of or access to the Services by anyone under 18 is only permitted with the express written permission of such individual’s legal guardian, and, if necessary, you represent and warrant that you have received such permission. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement.
Subject to the terms of the Agreement, RetailSites hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services. This license may be revoked by RetailSites at any time for any reason, with or without notice.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 You will not, directly or indirectly, allow any third party to:
(a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services;
(b) re-identify any anonymized or statistical data provided by RetailSites,
(c) modify, translate, or create derivative works based on the Services,
(d) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party,
(e) remove any proprietary notices or labels,
(e) circumvent any security control or access mechanism of the Services, or
(f) use the Services in connection with any products, services, or activities that compete with RetailSites.
You shall not distribute, sublicense, display, or otherwise provide to third parties any data provided by RetailSites; any data provided by RetailSites may be used solely for your internal business purposes. Notwithstanding the preceding sentence, RetailSites may consent to your display to third parties of a minimal amount of data provided by RetailSites (e.g., including a screenshot in a presentation); provided, however, that you must include an attribution to RetailSites and comply with other terms and conditions, if any, that RetailSites may specify when providing its consent.
3.2 You represent, covenant, and warrant that you will use the Services only in compliance with applicable laws and regulations. Although RetailSites has no obligation to monitor your use of the Services, RetailSites may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.3 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). To use some of the Services, you may be required to create an account with RetailSites (an " Account"). Any information submitted as part of the Account creation process must be accurate and complete. You shall be responsible for maintaining the security of the Equipment, Account (including but not limited to administrative and user passwords), passwords and files, and for all uses of your Equipment or Account with or without your knowledge or consent.
4. PROPRIETARY RIGHTS
4.1 RetailSites shall own and retain all right, title and interest in and to:
(a) the Services, all improvements, enhancements or modifications thereto,
(b) any software, applications, inventions or other technology developed in connection with the Services, including, without limitation, support for the Services, and
(c) all intellectual property rights related to any of the foregoing. No licenses are granted by estoppel or by implication.
4.2 You may provide feedback to RetailSites in respect of the Services. Feedback may include, without limitation, updates to or corrections of RetailSites data (e.g., a retail store may have moved or may have been closed). RetailSites may use any such feedback to improve the Services or for other purposes, without any obligation to you.
4.3 In the course of using the Services, you may upload data (e.g., your customer data) to the Services. Such uploaded data is referred to herein as "Customer Data". You hereby grant RetailSites a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use, modify, reproduce, distribute, prepare derivative works of, display and perform Customer Data (including all related intellectual property rights) in an aggregated and de-identified format ("Anonymized Customer Data") in connection with the Services. You also hereby grant each user of the Services a non-exclusive license to access Anonymized Customer Data through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Anonymized Customer Data as permitted through the functionality of the Services. For clarity, the foregoing license grant to RetailSites and users of the Services does not affect your ownership of your Customer Data. RetailSites reserves the right to remove any Customer Data and/or Anonymized Customer Data from the Services at any time for any reason. You, not RetailSites, remain solely responsible for all Customer Data that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Customer Data to RetailSites and to grant the rights to use such Customer Data as provided herein.
5. TERM AND TERMINATION
5.1 The Agreement will remain effective until terminated.
5.2 You may terminate your use of the Services at any time for any reason. RetailSites may terminate the Agreement and your access to the Services (or, at RetailSites discretion, applicable portions of the Services) at any time for any reason.
5.3 In addition, RetailSites may take any actions it deems appropriate (including without limitation suspending or terminating your Account and your access to the Services), without notice to you, if RetailSites suspects or determines that you may have:
(i) failed to comply with any provision of the Agreement, or
(ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, abuse or disruption for you, RetailSites, the Services, or any third parties. You may, as a result of termination, lose your Account and all information and data associated therewith.
6. WARRANTY DISCLAIMER
6.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RetailSites MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. FURTHER, RetailSites MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
6.2 RetailSites is not a backup service, and you are solely responsible for creating any backups of data. RetailSites is not responsible for decisions made based on the Services.
You agree to indemnify, defend and hold RetailSites and its affiliates or subsidiaries, or any of their directors, employees, agents, licensees or licensors (collectively, the "RetailSites Parties") harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising out of or relating in any way to:
(1) your (or anyone accessing the Services using your Account) use of the Services,
(2) information in your Account and any information you (or anyone accessing the Services using your Account) submit, post or transmit through the Services,
(3) your (or anyone accessing the Services using your Account) violation of the Agreement, and
(4) your (or anyone accessing the Services using your Account) violation of any rights of any other person or entity. RetailSites reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with RetailSites to defend these claims.
8. LIMITATION OF LIABILITY
8.1 UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RetailSites PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RetailSites PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE RetailSites PARTIES IN THE AGGREGATE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO RetailSites FOR THE SERVICES IN THE SIXTY (60) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY APPLICABLE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID RetailSites DURING SUCH SIXTY (60) DAY PERIOD, THEN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RetailSites IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
8.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that RetailSites or any other RetailSites Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of RetailSites’s and such RetailSites Party’s liability shall be the minimum permitted under such applicable law.
9. EXPORT CONTROL
You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof in violation of any restrictions, laws or regulations of the United Kingdom other foreign agency or authority.
11.1 RetailSites reserves the right, at its discretion, to change, modify, add or remove portions of the Agreement at any time by posting the amended terms on the Site (the "RetailSites Amendment Process"). Except as otherwise expressly stated, all amended terms shall automatically be effective immediately when posted, and you will be deemed to have accepted such changes by continuing to use the Services. If at any point you do not agree to any portion of the then-current version of the Agreement, or any other policy or rules relating to your use of the Services, you must immediately stop using the Services, and your license to use the Services shall immediately terminate. Besides the RetailSites Amendment Process, the only other process by which the Agreement between you and RetailSites may be modified would be by way of an order form for paid Services signed by both you and RetailSites.
11.2 Except as may be expressly specified in an order form for paid Services signed by both you and RetailSites, RetailSites reserves the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
11.3 The Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement.
11.4 The failure of either party to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default by the other party shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.5 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
11.6 The Agreement is not assignable, transferable or sublicensable by you except with RetailSites prior written consent. RetailSites may transfer and assign any of its rights and obligations under the Agreement without consent.
11.7 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind RetailSites in any respect whatsoever.
11.8 You hereby grant RetailSites a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your user name, company name, company logo, and any comments you make publicly or privately for RetailSites’s promotional purposes (such as on our Site, on third-party websites, and in marketing presentations, etc.).
WHO ARE "YOU"?
"RetailSites Customers" means direct users of RetailSites's Services. Categories of RetailSites Customers may include, among others:
(i) developers and operators of data platforms who have integrated our API, and
(ii) users of our data analytics without integrating the SDK.
RetailSites Customers’ may be retail stores, restaurants, chains, researchers, and advertising agencies, just to name a few examples. Users of the Site are also RetailSites Customers.
HOW DOES RetailSites WORK?
RetailSites technology aggregates anonymous data from mobile devices such as geolocation data, which is scrubbed of any personally identifiable information to protect the privacy of Consumers. Using the aggregated and anonymized data, RetailSites provides data analytics and actionable insights to RetailSites Customers. Such data analytics and actionable insights may include foot traffic patterns and Consumer preferences, among other examples.
INFORMATION WE COLLECT
3.2 From RetailSites Customers
If you are a RetailSites Customer, we may receive:
(a) information provided by you, and
(b) information that is automatically collected.
(b) When you use the Services, we may also automatically collect other information about you, such as IP address, browser type, domain names, referring website addresses, access times, web log data, and other event information. Such automatic collection of information may be enabled by cookies, pixels, or other tools. Please refer to the settings for your device, web browser, and operating system for more information on how to disable such tools and control your preferences.
3.3 Note about Personally Identifiable Information
"Personal Data" as referred to for individuals pursuant to the European Directives 95/46/EC and 2002/58/EC (EU General Data Protection Regulations Legislation, also known as GDPR) (hereinafter "PII", or "Personally Identifiable Information"), is information used or intended to be used to identify a particular individual. We strive to only collect PII if you voluntarily provide it to us or the applicable RetailSites Customers by your consent, such as information you provide when completing a registration form, information you publicly share over social media, and other information you make available based on your privacy settings on third party apps and services and by your consents.
HOW WE USE THE INFORMATION WE COLLECT
To provide RetailSites Customers with visibility into Consumer foot-traffic;
To provide RetailSites Customers with insight into different locations;
To analyze Consumer preferences;
In addition, we use the information collected for our business, including, without limitation, the following:
To operate, maintain, enhance, and provide all features of the Services;
To provide support to RetailSites Customers;
To understand and analyze the usage trends of RetailSites Customers;
To improve the Services, and to develop new products, services, features, and functionality.
If you are a RetailSites Customer, we may also use your email address or other information to contact you for administrative or customer service purposes, and to send other business communications to you, such as updates about our Services.
We may share non-PII with RetailSites Customers to provide the Services, as described above.
We may also disclose information (including PII) under the following circumstances:
To Service Providers. We work with third party service providers to provide application hosting and other services for us. We may transfer, and these third parties may have access to or process, information about you as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
To Comply with Laws. We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
To Protect Our Legal Rights. We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to:
(i) take precautions against liability;
(ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity;
(iii) investigate and defend ourselves against any third party claims or allegations;
(iv) protect the security or integrity of the Services and any facilities or equipment used to make the Services available; or
(v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
In Corporate Reorganizations. Information may be disclosed during due diligence or in preparation for or after an acquisition or merger, consolidation, change in control, transfer of substantial assets, financing, reorganization or similar corporate transactions with requirements for the receiving party to maintain the confidentiality of such information, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services.
If you wish to access or amend any other PII we hold about you, you can use the "Profile" and "Settings" pages in your account area on either of the Sites, or you may contact us at email@example.com. Please note that while any changes you make will be reflected in our databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email (e.g., promotions) from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us at firstname.lastname@example.org or by writing to us at the address at the end of this Private Policy. Please be aware that it may take up to ten (10) business days for us to process your request, and you may continue to receive commercial email from us during that period. Additionally, even after opting out from receiving commercial email from us, RetailSites Customers will continue to receive administrative messages from us regarding the Services.
THIRD PARTY SERVICES
The Services may be integrated with, or contain features or links to, mobile apps and services provided by third parties. Any information you provide on third party mobile apps and services is provided directly to the operators of such mobile apps and services and is subject to those operators’ policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of such third parties. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
The Services is not directed to children under the age of 13. We do not knowingly collect any information at all from children under the age of 13.
HOW TO CONTACT US
Place Informatics, 2nd Floor, 1 Ashley Road, Altrincham, WA14 2DT