About Us. CONTXTFUL has developed a technology to analyze non-private data from sensors on mobile devices in order to produce a mobile user’s ReceptivityTM Score (“Technology”). CONTXTFUL collects real-time anonymous data from non-private physical sensors in internet-connected mobile devices to produce insights about the physical context of the user’s mobile device.
Personal Information. Personal information is any information that can be used to identify you and may be unique to you, namely, your name, email address, address, phone number, or any other information not otherwise public relating to you.
Collected Information via Site. CONTXTFUL may obtain personal information about you through your use of our Site or through your utilization and navigation of our Site.
Collected Information via Technology. Our Technology does not collect or use any personal information. The Technology aggregates anonymous, context-specific data to understand mobile users’ behavior, in order for clients to optimize ad campaign performance. All data obtained and processed by the Technology is anonymous by design and no beacons or trackers are used for the rendering of our services. Furthermore, our Technology does not collect information such as global position (GPS), name, user ID, device ID, age and gender. No personal information is gathered through the use of our Technology.
User Information. When you use CONTXTFUL’s Site you may register, enroll, submit, attach files, complete online forms, answer online questions, complete online questionnaires or provide information about yourself through other methods allowing CONTXTFUL to provide you the required service or support (“User Information”). In this manner, we may collect any related personal information about you such as identity information, personal data or any other information relating to you that may be required for the rendering of our services or to allow us to respond to your inquiry.
Navigation Information. In addition to information that you will submit to us directly, we also gather, collect and analyze information relating to your use of our Site and the manner in which you interact with our Site. We may collect information such as the Internet Protocol you have used to access our Site, your Internet provider, time you have accessed our Site, the pages that you have visited, the duration that you were on each Site page, any document or material downloaded or other (“Navigation Information”). CONTXTFUL may analyze all Navigation Information in order to enhance and improve its Site, products and services. This information is used for benchmarking purposes, identifying enhancements to usability of the Site, products and services, and generally operate the Site.
Intended Use. CONTXTFUL may utilize User Information and/or Navigation Information to provide you with services, maintain its Site, provide you with any relevant account information, provide you with information about our products and services or to provide you customer services and/or support. We continually strive to improve our offering and provide you with the utmost quality in product and service. Furthermore, CONTXTFUL may use the User Information and/or CONTXTFUL does not use your information for any other purposes than to render services to you and enhance its offering.
Information Sharing. We do not sell or share any information relating to you with any third party unless they are bound by confidentiality terms intended to protect your information. CONTXTFUL works with various suppliers, marketers, buyers and sellers of media and vendors (“Vendors”) to dispense its services or license its Technology and in this process, third party Vendors and their authorized representatives may access or process your personal information. We do not share any information unless we have validated that such Vendor is a confirmed vendor of CONTXTFUL and that they are made aware of the confidentiality obligations contained herein. Third parties may be collaborators, lawyers, interns, employees, consultants, IT service providers, designers, webmasters, marketing service agencies, media agencies, affiliates, partners or other of CONTXTFUL. In no instance will CONTXTFUL share your information to third parties unless it is necessary to render our services to you, CONTXTFUL has validated the purpose and scope of access and the ultimate purpose will be for the advancement of the CONTXTFUL business offerings to you.
Related Entities. CONTXTFUL may share your information with any entity part of its group, such as its parent, subsidiary, affiliate, or other including their authorized representatives. In the event of a change of control, merger, reorganization or transfer of assets, CONTXTFUL may transfer your personal information to the successor operating entity or entity entrusted with the operations of CONTXTFUL and shall require that the successor entity be bound by terms no less restrictive than the terms outlined herein.
Legal Disclosure. In the event CONTXTFUL is compelled by law or subpoena to disclose your User Information, we will do so by following the legal requirements and obligations. We shall notify you prior to disclosing any information. Should you intend to contest the disclosure, you are required to assume and indemnify CONTXTFUL for any and all fees, charges, damages, costs and penalties that CONTXTFUL may incur, including reasonable attorney fees, if you exercise your right to defend the legal disclosure. CONTXTFUL shall act in such a way as to reasonably protect your information while meeting its legal obligations. Should it be required to disclose your information to comply with the law, it shall do so without any liability to you of any kind.
Opt-Out. You have the right not to share any personal information to CONTXTFUL. In such eventuality, CONTXTFUL may not be able to process your request and/or provide you with its services or it may be hampered in its ability to provide you with any service, support or respond to your inquiry or for you to use our Site. You must disable the cookies on your web browser. With respect to the non-personal information collected through our Technology, you may turn off your mobile device’s access to the sensors, on a per-application basis. This will prevent any sensory data from being transmitted by your device.
Legal Age. CONTXTFUL will only provide services to individuals of legal age and no less than 18 years of age or entities represented by individuals of no less than 18 years of age. If you are under the legal age, you must immediately cease using our Site and/or providing us any information about yourself. In the event we have reasons to believe that you are below the age of 18, we will immediately cease offering you with services of any kind.
Deletion. At any time, you have the right to ask that we delete or remove your information from our records. You must request the deletion or removal of your information by writing to us at 302-6250 HUTCHISON, MONTRÉAL, QUÉBEC, CANADA, H2V 4C5 or to email@example.com. You must provide us with your full name, email address, contact information and a clear statement that you wish that we delete or remove your information. In such context, you agree and acknowledge that we may no longer be able to provide you with our services and you must immediately cease using our Site.
Retention Obligations. We will keep a backup or archival copy of your information on record in order to comply with our legal obligations. You have the right to also ask CONTXTFUL to provide you with a copy of any information pertaining to you that we may have on file by submitting a written request to firstname.lastname@example.org. Your request will be processed within thirty (30) days from the receipt thereof.
Security Measures. In addition to protecting your personal information, we strive to ensure the security of your information as well. CONTXTFUL has implemented reasonable organizational measures to safeguard and protect your information from illegal or unauthorized access. All our raw data is stored and encrypted for security, and only accessible by authorized personnel on authorized devices. We have policies and practices in place whereby only those partners, lawyers, interns, employees or authorized representatives who have a need-to-know may access and process your information, on an “as-needed” basis. Although CONTXTFUL applies and implements such security practices, we cannot guarantee that all systems, mechanisms and transmission methods are fully secure. By submitting information on our Site or by receiving an email from our Site, you understand and recognize that your information may be exposed and at risk and we are unable to apply security measures in the context of such information transmissions.
Security Standards. We use third party vendors in offering CONTXTFUL hosting services or web design that have implemented reasonable and industry standard security measures. CONTXTFUL applies industry standard security measures such as encryption and secure hosting services.
Amendments. CONTXTFUL may modify or update this present policy and updating such modifications or amendments on its Site. Upon publication on our Site, the modification or amendment shall take effect.
DISCLAIMER. CONTXTFUL SHALL HAVE NO LIABILITY OR RESPONSIBLITY OF ANY KIND WITH RESPECT TO THE LOSS OR INTERCEPTION OF YOUR PERSONAL INFORMATION SUBMITTED OR TRANSMITTED TO OR FROM US. YOU HEREBY AGREE THAT THIS IS AN ESSENTIAL ELEMENT FOR CONTXTFUL TO HAVE ACCEPTED TO OFFER YOU WITH ITS PRODUCTS AND SERVICES. YOU AGREE AND RECOGNIZE THAT YOU ARE RESPONSIBLE FOR YOUR OWN INFORMATION ALONG WITH ITS LOSS AND SHALL ASSUME THE RISK.
Inquiries. For any questions, inquiries or concerns, you may communicate with us by writing to our physical address located at 302-6250 HUTCHISON, MONTRÉAL, QUÉBEC, CANADA, H2V 4C5 or by email to email@example.com.
About Us. CONTXTFUL has developed a technology to analyze non-private data from sensors on mobile devices in order to produce a mobile user’s ReceptivityTM Score. Through its application, CONTXTFUL collects real-time anonymous data from non-private physical sensors in internet-connected mobile devices to produce insights about the physical context of the user’s mobile device.
Legal Age. You hereby agree and confirm that you are at least 18 years of age. You confirm to CONTXTFUL that you are of legal age and that you have the capacity and quality to enter into this agreement.
Site Content. CONTXTFUL may post or publish articles and content on its Site or refer to third-party articles, content and material. Such information is intended for general consumption and is not intended for any other purposes whatsoever. You agree that you are responsible for the use of any material or content through our Site.
Quality of Work. As a means to ensure the utmost quality of our Services, we continually update our Site and Services in order to operate according to the latest technologies, best practices and methodologies. However, we cannot guarantee that our Site and Services are completely current and up-to-date all the time. It may take some time for CONTXTFUL to incorporate the latest changes into its Site content and Services.
Ownership. CONTXTFUL owns all rights and title to any content, information, logo, design, sound, graphics, program, application, technology, tags, libraries, software development kit, application programming interface and any other technological tools required for operating its Site or rendering the Services (“Intellectual Property”) and it has a valid right to use the same. Our Intellectual Property may not be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way whatsoever. Any rights not expressly granted herein are reserved by CONTXTFUL. Unless specifically granted, you are not granted any other rights or licenses to any Intellectual Property directly or indirectly.
Intellectual Property. CONTXTFUL solely and exclusively owns the Intellectual Property. You are not granted any rights whatsoever on the same unless you have entered into a relevant license agreement, subscription agreement or other written agreement with CONTXTFUL. CONTXTFUL owns the trademarks on its corporate images, logos and design. You are not permitted in replicating, copying or creating a website that uses the same look and feel as that of CONTXTFUL.
Feedback. We welcome your suggestions, ideas, comments, and other feedback regarding the Site or Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, CONTXTFUL does not waive any rights to use similar or related Feedback previously known to CONTXTFUL, developed by its employees or contractors, or obtained from other sources.
Third-Party Links. Our Site may contain links to third-party websites that may not be owned or operated by CONTXTFUL (“Third-Party Sites”). You are responsible for the use of any Third-Party Sites and may be bound by other terms and conditions in the use of such Third-Party Sites, content, applications, services, plug-ins or other. CONTXTFUL does not warrant that Third-Party Sites are always up-to-date, provide accurate information, and/or suitable to use. CONTXTFUL does not endorse or accept responsibility in any way whatsoever in your use of Third-Party Sites or material. CONTXTFUL is an independent service provider and does not claim any form of partnership, affiliation or association with any Third-Party Site, unless expressly indicated in our Site. You are responsible and shall bear all risk associated with the access and use of content provided by Third-Party Sites and you hereby discharge and release CONTXTFUL from any and all loss, damage or liability of any kind.
Confidential Information. CONTXTFUL’s confidential information includes all information related to its Site and Services, material, documentation and the work product including financial, security, architectural or similar information, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed under this Agreement (“Confidential Information”). Except as otherwise permitted in writing by CONTXTFUL, you shall use the same degree of care that you use to protect your own confidential information of like kind (but in no event less than reasonable care) and not to disclose or use the Confidential Information for any purpose outside the scope of this Agreement, and limit access to Confidential Information to those of your employees, contractors and agents who have a need-to-know and who have signed confidentiality agreements with you containing protections no less stringent than those herein.
Security. We care about the security of our users. While we work to protect the security of your account and related information, CONTXTFUL cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are required to immediately notify us of any unauthorized activity by sending us an email to the following address: firstname.lastname@example.org.
Dispute Resolution. You agree that prior to filing any form of dispute, you will submit your concerns and issues in writing to CONTXTFUL by sending an email to email@example.com. Within 30 days from the submission of your issues, CONTXTFUL will work in good faith with you in finding a satisfactory resolution.
NO WARRANTY. EXCEPT AS SET FORTH IN SECTION HEREIN, YOUR USE OF OUR SITE AND SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. WE (A) DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE (INCLUDING LOSS OF DATA) CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF THE SITE, ANY APPLICATION, DOCUMENTATION OR SERVICES. CONTXTFUL EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF YOUR USE OF THE SITE, ANY OF ITS APPLICATION, DOCUMENTATION, MATERIAL OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CONTXTFUL FROM ANY AND ALL CLAIMS, LIABILITIES, EXPENSES, AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, RELATED TO: (A) YOUR USE OR ATTEMPTED USE OF THE SITE AND SERVICES IN VIOLATION OF THESE TERMS; (B) YOUR VIOLATION OF ANY LAW OR RIGHTS OF ANY THIRD PARTY; OR (C) USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD CONTXTFUL, ITS AFFILIATED ENTITIES, PARENT, SUBSIDIARY AND ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE EVEN IF CONTXTFUL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Les parties aux présentes conviennent que le présent document et tous les documents s'y rattachant soient rédigés en anglais. The parties herein agree that the present agreement and all related documents be drafted in English.