Privacy Policy

This privacy policy applies to anyone who uses our Service. It discloses how we collect and use your information. You must be at least 18 years old to use our Services. If you are not at least 18 years old, do not use our Services. Collection, use, disclosure, and protection of personal information may be subject to different regulations outside the United States. Regardless, if you use our website or Service you agree to this policy. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE OUR SERVICE.

IF YOU USE OUR SERVICES, WE MAY CAPTURE YOUR DEVICE’S UNIQUE DEVICE IDENTIFIER OR OTHER IDENTIFIERS THAT IDENTIFIES YOUR DEVICE (see UDID definition below). WE USE THIS INFORMATION TO DETERMINE IF YOU ARE ELIGIBLE FOR AN OFFER, TO VERIFY THAT YOU HAVE COMPLETED AN OFFER’S REQUIRED ACTION, AND TO MEASURE YOUR ENGAGEMENT WITH THE OFFER SO THAT WE CAN BETTER RECOMMEND OFFERS TO YOU IN THE FUTURE. IN ADDITION, WE MAY USE THIS INFORMATION FOR CONTEXTUAL ADVERTISING AND MAY IN THE FUTURE USE IT FOR BEHAVIORAL ADVERTISING.

NativeX reserves the right, in its sole discretion, to change these terms, at any time. It is your responsibility to check these terms periodically for changes. Your continued use of our Service following the posting of changes will mean that you accept and agree to the changes.

I. Overview

The Services include advertisements (“Offers”). In some instances you can complete specific actions, such as applications that you can install and/or complete specific actions, and/or  receive incentives to complete the Offer, such as virtual currency from the game developer of the game you are playing. We offer the Service in exchange for your agreement to these terms and to periodically receiving marketing materials.

II. Individual Information We Collect

We detect the following through our Services and when you complete an Offer:

IP Address: We use IP Address to determine your location to determine your eligibility for the Service and Offers we make available.

Device Type: If you use our mobile application we require your device type to deliver relevant Offers and determine compatibility.

Time App Was Run: If you install a mobile application we require the time app was run to determine if you qualify for the incentives according to the terms of the Offer.

Offer: We determine which Offer you were shown and any interaction with the Offer.

Customer Support. All information you voluntarily submit when you contact us for customer support is used for the sole purpose of responding to your inquiry.

Unique Identifiers (“UDID”). We capture the unique device identifiers for all detected compatible devices this could include the Universal Device Identifier, Android Device ID, Android ID, Android Serial Number, Mac address, Apples Identifier for Advertising (“IDFA”) and Mac WLan ID, and other device identifiers. UDID use by Apps, device manufacturers, and software developers can change and we may implement new/discontinue existing unique identifier methods from time to time.

App Sensor/Detection. We may detect the applications and processes you have installed and running on your device while the Application is active or inactive.

III. Aggregate Information We Collect

We collect the following information to determine compatibility and to better serve you: your browser type, language type, if your device supports java, if your device supports cookies, your operating system version, if you are on a cellular network, whether your device is hacked, IP address, IP country number.

IV. How We Use Your Information

We study users’ interests and engagement with Apps, Offers, and our Service using your information. We also may share this aggregated data periodically with current and potential Partners or combine data collected from you with data from Partners. We may use the collected data from the Apps and Offers, and our Service to inform our ad partners about your interests, for behavioral advertising, such as determining which offers to present to you or retargeting ads to you.

We may use the collected data from the Apps and Offers to further develop our Services and product offerings. We reserve the right to use and disclose any non-personally identifiable information collected (such as UDID) by our Service with our Partners as long as it is in a form that does not personally identify you.

We may use collected data (including UDIDs) for contextual advertising and for behavioral advertising.

V. How We Share Your Information

We may contract with third parties for the Service. If we hire a third party service provider, they will be prohibited from using your information for promotions and for any purpose other than providing the Service. For example, we use services from Kochava, Inc. which helps us know if a user who received an ad on Facebook later used an App or our Service. Kochava, Inc.’s privacy policy is located athttp://kochava.com/privacy/.

You are responsible for reviewing the privacy policies of the third parties that may collect information via our Service. If You do not wish to review those privacy policies or if You are concerned about the information they may collect, do not use the Service. We do not guarantee that all third parties that may collect information about You via the Service have an opt-out for behavioral tracking. In addition, we do not guarantee or warrant that opting out of behavioral tracking from some or all of the entities will opt You out of advertising entirely. Rather, if You opt out, You may continue to receive the same amount of advertising, but they may be less relevant because they will not be based on Your interests.

We may also disclose information in special circumstances when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury or interference with our rights, property, users, or anyone else that could be harmed by such activities. We may disclose account information, as required by law, when we believe in good faith that disclosure is necessary to protect our rights or to comply with a judicial procedure served on our websites; or if the law requires it and for administrative and other purposes that we deem necessary to maintain or improve the Service.

We and our Partners may share our collected UDIDs with each other so that: (1) we can confirm that you installed the App and completed the actions required to earn the incentive; (2) we can identify the traffic (users in aggregate) that originated from the Service or an Offer; (3) we can assess the performance of an Offer that was shown to you or on your device in the App or outside of the App.

We may buy other businesses or their assets or sell our business assets. Customer information is generally an asset involved in such transactions. Thus, in the event that we or all of our assets are acquired, your information would be one of the transferred assets.

Third Party Data. We may obtain data about you, including personally identifiable information, from third party sources. We may merge this third party data with data we have collected about you and use this data for contextual advertising and for behavioral advertising.

VI. Your Choices

We cannot and do not ensure or warrant the security of any information collected, transmitted over the Internet, or maintained in your user profile. You agree that any data transmission you make or receive through the website or the Service is at your own risk.

No method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.

We do not knowingly collect information about children under the age of 13 or from sites or applications that are directed toward children under the age of 13. We encourage parents and guardians to be familiar with the websites that their children visit. The Federal Trade Commission (“FTC”) regulates the means by which website operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Protection Act of 1998 (the “Act”). For more information about the Act and children’s on-line privacy in general, visit the FTC’s website at www.ftc.gov/privacy. For safety tips on privacy visit www.OnGuardOnline.gov.

VII. Third Party Terms and Conditions

Please note that Your access to the Service and use of the Apps may be subject to certain third party terms and conditions and privacy policies, including, without limitation application stores, mobile software platforms, on-line gaming platforms and payment providers. You recognize and agree that we are not liable for any such third party terms and conditions and their use of Your personal information.

VIII. Miscellaneous Provisions

YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. OUR SERVICE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES) IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICE AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF OUR SITES AND SERVICE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $10.00.

Indemnification. You agree to indemnify, defend, and hold us and all of our agents, directors, employees, information providers, licensors and licensees, officers, and subsidiaries (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by you in connection with any claim arising out of any breach by you of this Privacy Policy. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

International Policy. Our Services are hosted by servers in the United States. Accordingly, if you are located outside of the United States, we will transfer the personal information you provide to us to the United States. By submitting your personal information, you fully understand and consent, to its transfer, storage and processing in the United States.

Enforcement / Redress. If you feel that we have not followed our Privacy Policy, please let us know. Also, if you have any questions or concerns about our Privacy Policy, its implementation, or would like a written copy, please feel free to contact us at:

NativeX, LLC

Attention: Legal Department

1900 Medical Arts Ave. S. Ste. 200

Sartell, MN 56377

Alternatively, if you would like, contact us via e-mail at mobilesupport@nativex.com.

Glossary of Terms

App(s) means software designed for and operational on Apple’s iPhone¨, iPad¨, or iPod Touch¨ hardware or any Android enabled phone.

Personally Identifiable Information (PII) means any information that identifies or could be used to identify, contact or locate you.

Partner means a NativeX client, customer or other entity with whom we have a business relationship.

User, You, and Your means an individual who has accessed our website or used our Service.

We and Our refers to NativeX, LLC.

Last Updated: June 26, 2013

Copyright © 2013 NativeX LLC. All rights reserved.

NativeX, LLC, 1900 Medical Arts Ave S Sartell MN 56377