AppDirect Privacy Policy

Last Edited: July 3rd, 2014

Welcome, and thank you for your interest in AppDirect, Inc. (“AppDirect”), and the AppDirect software as a service marketplace, management, and single sign-on platform consisting of the web sites located at AppDirect.com (including branded and white labeled subdomains of AppDirect.com) (the “AppDirect Marketplace”) and other related web sites, services, applications, widgets, and networks owned or controlled by AppDirect (the “AppDirect Technology”).  Third parties who promote and market branded, white-labeled instances of the AppDirect Marketplace are referred to herein as “Syndication Partners.”  The AppDirect Marketplace allows independent software as a service application vendors (each, a “Developer”) to make certain features of their software as a service applications, or other product or service owned and operated by Developer (each, a “Developer Application”) available to You through the marketplace feature of the AppDirect Technology.

For users in the European Union (“EU”), AppDirect adheres to the EU-US Safe Harbor Agreement concerning the transfer of personal data from the EU to the United States of America and has committed to handling such personal information in accordance with the Safe Harbor Principles.  AppDirect’s Safe Harbor certification can be found at: https://safeharbor.export.gov/list.aspx.  For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s website at: http://export.gov/safeharbor/.

This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it.  Note that this policy does not address use and disclosure of your information by our Syndication Partners or Developers whose Applications are made available to you through the AppDirect Marketplace.  These entities have their own policies describing their practices.  Note also that this Privacy Policy is incorporated by reference into the AppDirect Marketplace Terms of Service (the “Terms”), and should be read in conjunction with the Terms.  Capitalized terms used, but not defined in this Privacy Policy have the meanings given to them in the Terms. 

By using the AppDirect Marketplace, you expressly consent to the information handling practices described in this policy. 

The Information AppDirect Collects:

  • User-Provided Information:  You may provide to AppDirect what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, payment account information (such as credit card information), demographic information) when using the AppDirect Marketplace, such as when you register for an account, and when you create User Submissions (as that term is used in the Terms of Use), or when you interact with other users of the AppDirect Marketplace, such as through features such as posting feedback.
  • “Cookies” Information:  When you use the AppDirect Marketplace, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer.  AppDirect may use both session cookies and persistent cookies.  A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the AppDirect Marketplace.  Persistent cookies can be removed.  Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the AppDirect Marketplace, you may not be able to utilize the features of the AppDirect Marketplace to their fullest potential. Syndicated Partners may send cookies to your computer in order to track your online activities on the AppDirect Marketplace. We are not responsible for the practices and policies of Syndicated Partners who market and promote an AppDirect Marketplace and encourage you to learn more about a Syndicated Partner’s privacy and security policies.
  • Automatically Collected Information:  When you use the AppDirect Marketplace or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including standard log files, “clear gifs” or “web beacons.”  This automatically collected information may include Internet Protocol address (“IP Address”) or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the AppDirect Marketplace, the pages you view on the AppDirect Marketplace, and the dates and times that you visit the AppDirect Marketplace.
  • Third Party Web Beacons:  We may also implement third party content, such as advertising or analytics and tracking services, on the AppDirect Marketplace that uses “clear gifs” or “web beacons”, which allow the third party content provider to read and write cookies to your browser in connection with your access of that content displayed on the AppDirect Marketplace.  This information is collected directly by the third party, and AppDirect does not participate in that data transmission.  Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies.
  • Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties and sources other than the AppDirect Marketplace, such as advertisers, a Syndication Partner, a Developer, or your Subscribing Organization.
  • How We Respond to “Do Not Track” Signals: While we are committed to your privacy, currently, the AppDirect Marketplace does not respond to your web browser “do not track” signals or other mechanisms.  If, in the future, AppDirect creates a program or protocol to respond to such web browser “do not track” signals, we will inform you of the details of that protocol in this policy.
  • For Users in the EU:  The following definitions also apply to the details you provide to, and may collected by, AppDirect:
    • Personal Information:  We may collect information that (i) is transferred from the EU to the United States; (ii) is recorded in any form; (iii) is about or pertains to a specific individual; and (iv) can be linked to that individual.
    • Sensitive Personal Information:  We may also collect information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership, or that concerns an individual’s health.

The Way AppDirect Uses Information:

  • AppDirect uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the AppDirect Marketplace.  Without limiting the generality of the foregoing, we use information provided by users in connection with integration of the AppDirect Marketplace with the applicable Syndication Partners’ services, and with Developer Applications.
  • We will use your email address to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or regarding User Submissions that you have posted to the AppDirect Marketplace.
  • AppDirect uses the information that you provide or that we collect to understand and analyze the usage trends and preferences of our users, to improve the way the AppDirect Marketplace works and looks, and to create new features and functionality.
  • AppDirect may use “automatically collected” information and “cookies” information to:  (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you use the AppDirect Marketplace; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the AppDirect Marketplace and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.
  • AppDirect may use your email address or other personally identifiable information to send (a) messages about the AppDirect Marketplace, such as when you receive a message, comment, or request from another user, (b) promotional messages related to the AppDirect Marketplace and the activities of third parties we work with, and (c) messages on behalf of other users who think you may be interested in the AppDirect Marketplace, such as through “refer-a-friend” features of the AppDirect Marketplace.  You will have the ability to opt-out of receiving any such communications, either through links provided in the messages, or by updating your account preferences through the AppDirect Marketplace.
  • AppDirect shall only process and use your personal information in a way that is compatible with and relevant for the purposes for which it was collected and authorized by you.

When AppDirect Discloses Information to Third Parties:

AppDirect is not in the business of selling your information to direct marketers.  We do, however, disclose your personally identifiable information in a variety of circumstances in connection with the operation of our business.  For example:

  • AppDirect discloses the information you provide or that we collect to Developers and Syndication Partners in connection with the interoperation of their services (including Developer Applications you subscribe to) with the AppDirect Marketplace.
  • The AppDirect Marketplace enables users to communicate in a variety of ways.  Any personally identifiable information that you voluntarily choose to include in an area on the AppDirect Marketplace that is accessible to another user, such as a public profile page or in a review, comment, posting, electronic message, or other User Submission, will be available to other users who have access to that content.  Once you make your personally identifiable information available to others in any of these ways, it may be collected, used, and disclosed by the recipients without restriction.
  • AppDirect may provide Developers, applicable Syndication Partners, and your Subscribing Organization with information regarding your use of the AppDirect Marketplace.
  • AppDirect may disclose automatically collected and other aggregate non-personally-identifiable information with interested third parties, to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the AppDirect Marketplace.
  • AppDirect works with third party service providers who provide website development, hosting, maintenance, and support as well as other business services for us.  To the extent it is necessary for these service providers to complete their work, these third parties may have access to or process your personally identifiable information.  Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
  • AppDirect uses third party payment processing services, and your personal information will be disclosed to such providers in connection with processing your payment of fees and other transactions you initiate on the AppDirect Marketplace.
  • AppDirect may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
  • AppDirect works to promote a safe and reliable service for all users, and actively supports law enforcement.  We reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect AppDirect and others from fraudulent, abusive, predatory, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the AppDirect Marketplace; or to protect or vindicate the rights, property, or personal safety of AppDirect, our users, or others.

In the Event of Merger or Sale:

In the event that all or a portion of AppDirect or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.  In such an event, we will require any such buyer or third party to agree to treat your information in accordance with this Privacy Policy.

Your Choices:

You may, of course, decline to share certain personally identifiable information with AppDirect, in which case AppDirect may not be able to provide to you some or all of the features and functionality found on the AppDirect Marketplace.  You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the AppDirect Marketplace.  Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

For users in the EU, AppDirect offers the opportunity to choose (opt-out) whether your Personal Information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.  For your Sensitive Personal Information, you may affirmatively or explicitly (opt-in) give your consent to the disclosure of the information for a purpose other than the purposes listed above, or those that you have already authorized.

To protect your privacy and security, we take steps to verify your identity before granting you account access or making corrections to your information.  YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Third Party Services:

The AppDirect Marketplace contains links to and integrates with Web sites and services provided by third parties, including without limitation Developers and Syndication Partners (where applicable).  Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security.  We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the AppDirect Marketplace. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Data Security:

AppDirect makes use of certain physical, managerial, and technical safeguards in our efforts to safeguard the integrity and security of your personally identifiable information.  We cannot, however, ensure or warrant the security of any information you transmit to AppDirect, and you do so at your own risk.  Once we receive your transmission of information, AppDirect endeavors to secure our systems, but please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by system malfunction or circumvention of our safeguards.

If AppDirect learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. AppDirect may post a notice through the AppDirect Marketplace if a security breach occurs.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.  To receive a free written notice of a security breach you should notify us at privacy@AppDirect.com.

Changes and Updates to this Privacy Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised from time to time at AppDirect’s sole discretion, as provided in Section 10 of the AppDirect Marketplace Terms of Service.  If we modify the Privacy Policy, we will make it available through the AppDirect Marketplace, and indicate the date of the latest revision.  In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change.  For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the AppDirect Marketplace for the first time after such material changes are made.  Our amended Privacy Policy will automatically take effect 30 days after it is made available through the AppDirect Marketplace, except that (i) we will not, without your consent, use your previously collected personally identifiable information in a manner inconsistent with the Privacy Policy in effect when we received that information, and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account ceasing use of the AppDirect Marketplace.  Your continued use of the AppDirect Marketplace after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

AppDirect Contact Information:

Any questions, concerns or complaints regarding the use or disclosure of personal information should be directed to the AppDirect Privacy Office at the address given below, either by mail or email:

AppDirect, Inc.
Attn. Privacy Office
650 California Street, Floor 25
San Francisco, CA

privacy@appdirect.com

AppDirect will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.  For EU users whose complaints cannot be satisfactorily addressed by AppDirect, please contact the Better Business Bureau European Dispute Resolution (application pending) at: http://www.bbb.org/us/consumer/european-dispute-resolution/complaint-info/.