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Mobile Location Data Reveals Possible Expansion Opportunities

August 7, 2018 Posted by Blog 0 thoughts on “Mobile Location Data Reveals Possible Expansion Opportunities”

Following Oath Craft Pizza’s announcement that they will be opening 20 new locations this year, UberMedia took the liberty of utilizing its powerful mobile location data analysis platform to suggest where we think Oath Craft Pizza should move next.

Oath Craft Pizza, the fast-casual pizza restaurant taking New England by storm, announced that they are planning on opening 20 new locations by the end of 2018. Opening their first location in Nantucket, Mass. in 2015, the chain quickly expanded to 8 locations in Massachusetts and Virginia, and has decided to bring their ethically sourced ingredients to Washington, D.C. and New York.

And while their avocado-oil infused pizza crust sounds tasty to us, our team hypothesized that their target consumer would not be your average run-of-the-mill pizza lover. We decided to look at New England shopping centers with device profiles that matched the device profiles we saw at Oath Craft Pizza locations.

Using Vista, our simple yet powerful tool that enables businesses of all sizes to access, analyze, and visualize high quality location data at scale, we took an aggregated look at what types of devices are seen at Oath Craft Pizza locations, identifying average age, race, education level, and household income. We then compared those demographics to that of devices observed at almost 1,000 different shopping centers in New England.

Our methodology cross-references our list of shopping centers whose visitors had nearly identical demographic profiles to that of Oath Craft Pizza visitors with our location affinity report, showing which brands or categories of locations a set of customers are more or less likely to visit when compared to the average American.

Port Plaza, Port Jefferson Station, New York

Port Plaza features many retailers and restaurants, independent theater PJ Cinema, and a gourmet grocery chain known as UncleGiuseppe’s. According to their website, Uncle Giuseppe’s customers love the quality and selection of goods available – including a meat department with a selection of the best steaks, poultry, roasts, and Italian sausage made daily in front of customers, organic fruits and vegetables, an Italian bakery, freshly made pasta, and more. Since one of Oath Craft Pizza’s main selling points is its ethically sourced ingredients, our analysis concludes that they’d make great neighbors.

Bedford Marketplace, Bedford, Massachusetts

Recently renovated, Bedford Marketplace redesigned their consumer experience, including beautiful facades, a newly designed parking lot, and the addition of bicycle racks to promote alternative transportation. The shopping center includes Whole Foods, the eco-minded chain with natural & organic grocery items, and B.GOOD, whose menu is inspired by the seasons and ingredients rotated with the local harvests, meaning that Oath’s ethically sourced ingredients will fit in just perfectly.

An unsurprising affinity for Shake Shack

When comparing the location affinities of Oath Craft Pizza visitors and our list of recommended shopping centers, an interesting trend emerged: Overwhelmingly, these devices were much more likely to also be observed at Shake Shack locations. Shake Shack, a fast casual restaurant, started as a hot dog cart in NY in 2001, is another fast-growing food chain. The company says it uses all-natural 100% Angus beef only and that its meat doesn’t have hormones or antibiotics.

Shake Shack’s rapid expansion, focus on quality ingredients, and a trendy, fast casual restaurant experience sounds incredibly similar to the story Oath Craft Pizza is currently writing. We believe this further validates our findings.

Big brand ambitions on a small business budget

When a brand is rapidly expanding, they rapidly need accurate recommendations as to where they should put their new locations. That is why we built Vista, an insight-as-a-service platform providing mobile location data, analytics, and media measurement for businesses of all sizes.

UberMedia Advertising and Data Services Privacy Policy

August 3, 2018 Posted by 0 thoughts on “UberMedia Advertising and Data Services Privacy Policy”

UberMedia Advertising and Data Services Privacy Policy

 

This Privacy Policy describes how the mobile advertising and business intelligence services (the “Services”) of UberMedia, Inc. (“UberMedia” “We or “Us”) collect, store, and use information We receive about end users.  Our Services provide advertising and business intelligence solutions to our clients and partners, which include working with publishers, advertisers, data partners, and third party ad exchanges across an advertising network of mobile applications (“Apps”) and websites (“Sites”).  This Privacy Policy is subject to our Terms of Service.

If you are interested in the privacy practices for the websites and mobile Apps owned by UberMedia, please visit the UberMedia Products Privacy Policy.

INFORMATION COLLECTED

Our Services receive information from and about end users (“Users” or “Data Subjects”) from our own Sites and Apps, from third party Sites and Apps that utilize affiliate software development tools or other collection interfaces, through our own and third party ad exchange services and data aggregation services we work with to provide the Services. As more described in this Policy, We may collect information such as your device ID (except in the EEA); IP address; geolocation data (if you have enabled your device to share location information); browser type; the website from which you accessed the Site or App; click-stream data about your activity on the Site or App such as the times you access the Site or App, and the pages and content you visit; and the types of products, services, and content along with retail locations in which you may be interested based on your online and App activities.

Generally, the information we collect is not information that identifies you personally (“Non-PII”) Non-PII is information that is linked or reasonably linkable to a particular computer or device, including over time, but does not directly identify the individual. Non-PII may include browser, operating system and device information (except, for citizens in the European Economic Area (EEA)—see below), pages visited, language preferences, date and time an ad was served, clicks on ads, and other anonymous traffic data; geolocation data, a unique identifier (which may collect and use certain characteristics of your device to help us identify a device in connection with our Services over time); and aggregated information. If you have previously given consent for collection of geolocation information, You are always free to turn off geolocation (or limit it to certain mobile applications) or to adjust your advertising settings on your device.

As part of our Services, we collect geo location information from our own Apps and through our partners, which include mobile advertising networks and third party mobile App owners.  Our technology collects information about the location of mobile devices and processes it to determine geo location segments that can be used to make digital advertisements and marketing decisions more relevant and useful.  We receive geo location data generated from your use of your mobile device provided by mobile App publishers (via SDK, beacon pings or other methodology), other media supply sources in conjunction with the opportunity to purchase advertising inventory, and via data providers. We may also buy data from select third parties where we get sufficient comfort that the data was obtained in conformance to current privacy regulations. When we receive geo location data, we rely upon the mobile app publishers and other media supply sources that are responsible for enabling your connection to our Services to provide or withdraw consent with respect to the collection and use of your geo location data.  You may also control your mobile device directly by enabling or disabling your location settings on your device. We may collect this information over time and across websites, mobile apps and devices.  We may also supplement the information we collect via our technology with audience information from third parties.

Personally Identifiable Information, as the term used in the United States, or 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”), is information used or intended to be used to identify a particular individual (including name, social security number, billing information and government identifiers such as a driver’s license).  We strive to only collect PII if you voluntarily provide it to us or our clients and partners by your consent, such as information you provide in completing a registration form, information you publicly share over social media including your username or handle, photos, and other public information you make available based on your privacy settings on third party sites and services and by your consents.

PIXELS, COOKIES AND OTHER PERSISTENCE TOOLS

Our Services may use cookies, pixels, or other tools that enable us to measure the effectiveness related to serving advertising and for business intelligence about the activities of Users on Apps and Sites.  You are free to set your App and Sites consents, as well as your browser, operating system and device settings to de-activate the ability to identify your device persistently.  Please refer to your mobile device settings, and your web browser and operating system’s settings, and your App privacy settings, for more information on how to disable your browser or operating system from receiving cookies and controlling your preferences, including to disallow sharing of device level information and to disable location access by the Site or App.

INFORMATION USE

Our Services include advertising services that allow us to help our advertising and publishing clients provide more relevant advertising and content on the Sites and Apps on our Network and determine general interest in certain locations.  In general, we use the information collected from and about you on Sites, Apps and from partners to enhance our advertising services by providing advertising and content that is more closely related to your interests. For example, the information is used to create audiences that are grouped together based on shared interests or preferences (e.g., Sports Fans, car enthusiasts, movie goers) and to measure the effectiveness of ad campaigns. Data used to create online audiences is de-identified, helping ensure that neither the ad server nor our cookies contains PII.  While our advertising services are targeted, our system is set up to create anonymous user profiles and not to identify individuals specifically. We may share Non-PII, aggregated information, and de-identified information with our clients, advertisers and partners.

Our Services also include business intelligence, data and attribution services, which involve robust data information and reporting to advertising clients and other customers, which look to us to provide reporting on trends and aggregated data activities. We use our internal, proprietary tools to manipulate the information collected as described above, including geolocation information. We only collect geolocation data if you have enabled it on your device and given permission to the Site or App.  We utilize our technology to derive and provide our clients and customers with trend and statistical analyses, such as identifying patterns that will enhance the relevance of ads, providing advertisements to certain types of audiences, identifying and optimizing trade areas and business locations, and for helping our clients make informed business decisions about consumer behavior with trend and movement information.

UberMedia does not knowingly collect data or create data segments that are based upon what we consider to be sensitive information (for example, we don’t create any data segments to determine religion, or credit worthiness). UberMedia may collect data to create health-related segments such as an inferred interest in diet and wellness, but not comprised of sensitive health data such as medical conditions or diseases.  UberMedia does not sell its data products to law enforcement agencies for use in law enforcement activities or to monitor the movement of individuals or groups.

We also receive pseudonymous information from third parties, when they choose to provide it to us. This information may include identifiers (like mobile advertising IDs) and interest-based advertising data tied to those identifiers, including segments provided by third-party data providers for our clients to use in targeting ads through the Services. UberMedia does not use this data to personally identify you.

We may assign an UberMedia ID to your browser, computer or mobile device when we serve an ad to it or we identify it on a client’s website or mobile app. The UberMedia ID and other information collected via the Services can also help our advertising clients measure the effectiveness of advertisements delivered via the Services. They enable the Services to determine within a reasonable level of confidence that a computer or device is the same as one with which the Services has previously interacted. For instance, the Services can determine that a computer or device to which we served an ad on Monday may be the same computer or device for which we observed a purchase on Tuesday.

In some cases, UberMedia is also able to infer within a reasonable probability that a particular computer or mobile device should be associated with the same UberMedia ID that we have previously assigned to another computer or mobile device. In other words, in such cases we are able to infer that a device (e.g. your computer) and another device (e.g. your smartphone) are used by the same user. Where we are able to make such inferences, we may use this information to deliver targeted ads across multiple computers or devices, and to improve the services we provide to our clients. This is sometimes referred to as cross-device advertising.

INFORMATION SHARING

UberMedia may share Non-PII with advertisers, clients, customers and partners as described above. We may also share information that includes PII, for the following purposes:

  • during due diligence or in preparation for or after a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation.
  • to another entity that is helping us make the Sites, Apps, and Services available and functional, like technical agents, payment processing vendors, other subcontractors, and our affiliates and consultants under contract and with safeguards. These functions include, for example, web site hosting, maintenance, data analysis, customer support, email delivery services, infrastructure services, technical agents, analytics and metrics services. These third parties will be restricted in the way they can use your Personal Information and will need to keep your information confidential and secure.
  • if permitted or required by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our users, clients, partners, or business partners.
  • When businesses subscribe to our Services, the order process may request a credit card transaction. Order information is encrypted when it is transmitted for credit card processing to the credit card services provider and when returned to us. Encryption is a process by which we use software to scramble information in transit.  We use a third party service provider to process payments made on our Sites, so your credit card information is not collected and retained by Us.

SECURITY

All of the User Information is kept on servers that UberMedia manages, using reasonable administrative, technical and physical safeguards designed to protect against unauthorized access or disclosure of data.   Please be aware that no data transmission over the Internet or information contained in our servers can be guaranteed to be 100% secure. As a result, while we strive to use commercially acceptable means to protect your information, we cannot guarantee or warrant its security.

CHILDREN’S PRIVACY

We do not knowingly collect or distribute information from or about children under age 13 (or up to age 16 in certain countries). If you believe your child has provided UberMedia with personal information, such as by registering at one of our Apps without parental consent, and you would like to have the data removed, please contact us using the contact information below.

CALIFORNIA ADDITIONAL NOTICE

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we have shared with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes in the past 12 months. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which such was shared. If you are a California resident and would like a copy of this notice, please submit a written request to the contact address set forth in the “Who We Are. Contact Us” section below. In your request, please specify that you want a ‘California Privacy Rights Notice’.

EUROPEAN UNION, UK AND SWITZERLAND ADDITIONAL NOTICE

UberMedia utilizes the services of multiple third parties ad network exchanges and tools which enable the purchase of advertising inventory and the serving of advertisements to Data Subjects of Apps and Sites.  In utilizing these services, the providers will transmit devices id, location information and other application related information (“Data”).  Such Data may include information which constitutes Personal Data, as this term is referred to under GDPR. When utilizing the described advertising services, UberMedia will undertake to hash and anonymize all device ID information, upon receipt, from Data Subjects whose devices are seen in EEA countries so as to not retain the Personal Data. We hash the device ID information before any transfer of data outside the EEA.

Legal basis for processing any personal data; Retention

As before, UberMedia will only collect and process Personal Data when we have lawful bases for doing so. These lawful bases include when you provide consent, when we have a contractual obligation to collect or process your personal data, and when we have a legitimate interest in processing your Personal Data.

While UberMedia will hash and anonymize Device Id of Data Subjects in the EEA in connection with our Services (and accordingly do not plan to store Personal Data of users located in the EEA), during the instant moment where Personal Data is sent to us in the course of performing advertising services as described above, the legal basis for this processing is in order for UberMedia to process the data under its contractual agreements in connection with serving the advertising through our ad networks. UberMedia will retain this information no longer than 24 hours as a back up to the advertising process.

In general, for any Personal Data other than as specified above (for Device Ids), We will keep your Personal Data only for as long as we need it for our legitimate business purposes. For example, we will retain your information for as long as the Services are active and after that, for a period which enables us to handle or respond to any complaints, queries or concerns relating to the Services. . We will periodically review the Personal Data we hold and delete it securely, or in some cases anonymize it, when there is no longer a legal, business, or consumer need for it to be retained

Consent; Withdrawing Consent

The ad network providers we work with will only pass device id and other information to Us if consent has been obtained from Data Subjects. We rely on the publishers of the Sites and Apps to request consent from individuals using the Site or Apps and upon our ad exchange partners in passing the information to us to ensure they only pass us device id and information from Data Subjects.  In addition, You have the ability to withdraw consent at any time by contacting the publisher of the relevant App or Site and checking your privacy settings on your devices and with the Apps and Sites you visit from time to time.

Your Rights.

We respect your privacy rights and provide you with reasonable access and rights to the Personal Data, as this term is referred to for individuals located in the countries of the EU, UK or Switzerland pursuant to the European Directives 95/46/EC and 2002/58/EC (EU General Data Protection Regulations Legislation, also known as GDPR), that you may have provided through your use of the Products. If you live in the EEA, and wish to access, amend, delete, or transfer any Personal Data we hold about you, you may contact us as set forth in the “Who We Are. Contact Us” section below.

You may update, correct, or delete your Personal Data and preferences at any time by request to us at the email below. Please note that while any changes you make will be reflected in active user 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.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Services.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact us at the email below. You also have a right to lodge a complaint with data protection authorities.

International Transfers

Where we transfer your Personal Data outside the EEA, we rely on approved standard EU Model Clauses so these transfers are conducted in accordance with applicable laws and using adequate and appropriate safeguards.

To find out more about how we safeguard your information (including obtaining a copy of such safeguards) in relation to transfers outside the EEA, please contact us via the details provided in the “Who We Are. Contact Us” section below.

HOW LONG WE RETAIN YOUR INFORMATION

Except as specified as to Personal Data for EEA Data Subjects, We generally retain your information as long as reasonably necessary to provide the Services and to comply with applicable law.  We may retain archival copies of data as reasonably necessary to comply with any legal requirements and to verify our compliance with our terms and policies.

DISPUTE RESOLUTION

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and performed in California, excluding the application of the conflict of laws provisions. You agree that any action or suit brought by a party to enforce or adjudicate your rights under this Agreement shall be brought in the federal or state courts located in Los Angeles, California.

CHANGES TO PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time.  If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

WHO WE ARE. CONTACT US

If you have any questions about this Privacy Policy or our privacy practices, please email us at privacy@ubermedia.com.

Or you can contact us by mail at:

UberMedia, Inc.
130 West Union Street
Pasadena, CA 91103

Attn: Chief Compliance Officer

Updated: May 25, 2018

Products Privacy Policy

August 3, 2018 Posted by 0 thoughts on “Products Privacy Policy”

 

 

 

 

UberMedia® Mobile App Products Privacy Policy

 

This Privacy Policy describes how UberMedia, Inc. (“UberMedia” “we” or “us”) collects, stores and uses information about users of the websites (“Sites”) and mobile applications (“Apps”) owned by UberMedia, Inc. (collectively, the “Products”). By using our Products, you agree to UberMedia’s collection, storage, use and disclosure of your information as described in this Privacy Policy. If you disagree with anything in this Privacy Policy, please do not install or use Our Products.

This Privacy Policy is also subject to our Terms of Service.

 

INFORMATION COLLECTED

We collect the following types of information from our users:

  • Information You Provide

When you set up your account, provide us with an email, or share your information with us in any other way, we collect and store the information you share.  This will include your twitter handle, for example.  You do not have to share information with us, but without it you may not be able to access certain content or features of the Products.

  • Automatic Collection: Like many technology providers, we use common internet technologies such as cookies to keep track of users’ interactions with the Products, including your internet protocol (IP) address, browser type and access times, data related to your use of the App and the device on which the App is loaded. We also contract with third party providers who use similar tracking tags on the Products via SDKs, to collect information about your use of the Products, for advertising, analytics, and measurement purposes. More about this is discussed below.
  • Publicly Posted: If you post information on public areas via the Products (or elsewhere on the internet), that information is public and may be collected, stored and used by anyone, including us.
  • Use of Social Media Applications: The Products utilize certain API “feeds” or other mechanisms provided by third parties, notably Twitter (“Third Party Apps”), to access your accounts as authorized by you during your set up and use of the Products. Those Third Party Apps may share information about you with us, depending upon the privacy settings you have set within your account for such Third Party Apps.  The Third Party App settings enabled by you do not allow us to access content, data or information not authorized by those privacy settings. Please refer to the privacy settings in your Third Party Apps account to manage your public profile and other aspects of your account with those Third Party Apps.
  • Mobile Location Information: If you consent to allow access to your geo location on the Products, and the Products are location enabled, we will collect and store information related to your mobile device location including over time to help provide a better experience with our Products and in connection with our advertising, analytics, and measurement services.  Some functional use of the Products may be dependent on the data related to your geographic location and geo-positional data (such as when you post a tweet from or about a location). If the settings on your location-aware device allow us to receive location information, we may also associate location information with other information we have about you. You are always free to turn off geolocation on your device (or limit it to certain Apps).
  • Advertising Data. The Products display advertisements (“Ads”) which are delivered by UberMedia’s services and through third party providers.  When Ads are served, information regarding your interaction with the Ads shown to you is collected by the  third party advertising exchange partners as described in the next section.

 

INTEREST BASED ADVERTISING

The Products display Ads which are delivered by UberMedia’s services and through third party providers.  The Ads that are served on the Products include targeted, behavioral advertising based upon information compiled about users to provide more relevant advertising content.  UberMedia and third parties operating the ad serving platforms we use, collect and utilize interest, contextual, demographic, geo-location information, and device related info  (i.e.  device id and browser type, date and time stamps) and information related to Ads served (such as preferences, content viewed, clicks and views) in connection with delivering and measuring advertising. This data is used to help choose which Ads to deliver and to enhance our advertising and analytics capabilities as well as to offer analytics measurement and data enhancement services to our partners for their marketing and advertising purposes.  When the Products are location enabled, and you have consented to enabling access to your geo location data on the Products, UberMedia will collect and process your location data over time and use this data in connection with the advertising, measurement and attribution services as described herein. To the extent UberMedia makes available geo-location to third parties in accordance with this Privacy Policy, it will be provided without identifying you personally.

 

HOW DO WE USE THE INFORMATION WE COLLECT?

We use the information collected to help us provide you with better experience with the Products.  It also helps us, and our advertisers and partners, provide you with more relevant offers.  Among other things, the information we collect enables us to:

  • customize the advertising and content you see (this processing may involve profiling – for example to create audiences based on demographic or location-based information for marketing and customization purposes)
  • fulfill your requests and validate your user rights
  • improve the Products
  • contact and communicate with you
  • conduct research and analysis
  • provide anonymous reporting for internal and external clients
  • use the information as described to you in this policy

 

WHEN DO WE SHARE OR DISCLOSE YOUR INFORMATION?

  • Anonymous/Aggregated Information. Anonymous or aggregated information that does not identify you personally, like usage and metrics information, may be shared with others, including partners, developers, potential investors, marketers, and business partners. Anonymous information helps us understand trends and user needs so that we can better design new products and services and refine existing products and services to serve our customers better.
  • Personally identifiable information, or Personal Data as such term is used for Data Subjects in the EU (“Personal Information”) is data relating to an identified or identifiable individual, notably with our Products your email address. Your Personal information may be shared as follows:
    • during due diligence or in preparation for or after a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation. If UberMedia or its assets is purchased, all associated data and information will be transferred
    • with those entities who are helping us make the Services available and functional under contract and with safeguards. These include third-party vendors, technical agents, subcontractors, and our affiliates and consultants who assist us in performing functions to operate our Services. These functions include, for example, web site hosting, maintenance, data analysis, customer support, infrastructure services, technical agents, analytics and metrics services. These third parties will be contractually restricted in the way they can use your Personal Information. We provide additional information about the third party service providers in connection with the Products in the section below called “Third Party Tools.”
    • As in any transaction, if you provide your credit card information for purchases on an App or Site, our credit card processor and your credit card company will be provided with all relevant information about us, item(s) purchased, cost and other information necessary to process the transaction. We use a third party service provider to process payments made on our Sites, so your credit card information is not collected and retained by Us.
    • when permitted or required by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our users or business partners.
    • If you give us permission, we may share your Personal Information with third parties who might send you marketing and promotional information.

 

SECURITY; INTERNATIONAL TRANSFERS

Information that UberMedia collects is stored on servers that UberMedia manages, using standard security procedures and practices appropriate to the nature of the information. Please be aware that no data transmission over the Internet or information contained in our servers can be guaranteed to be 100% secure. As a result, UberMedia cannot guarantee or warrant the security of any information you transmit on or through the Products and you do so at your own risk.  UberMedia is a US-Based company and much of the information is stored on servers in the United States. Information may be transferred to and maintained on servers or databases located outside your country or to a jurisdiction where the privacy laws may not be as protective. If you are located outside of the United States, please be advised that UberMedia processes and stores information in the United States and your use of our Products constitutes your consent to and understanding of this processing, except as may be prohibited by law.

 

CHILDREN’S PRIVACY

The Products not intended for children under age 13 (or up to age 16 in certain countries), or for anyone under age 18 without involvement of a parent or guardian. The Products includes unmonitored content posted by users and sourced from other third parties and as you can imagine, such content may be unsuitable for children. We do not knowingly collect or distribute information from or about children under 13 (or up to age 16 in certain countries).

 

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we have shared with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes in the past 12 months. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which such was shared. If you are a California resident and would like a copy of this notice, please submit a written request to the “Who We Are. Contact Us” section below. In your request, please specify that you want a “California Privacy Rights Notice” And allow at least thirty days for a response.


EUROPEAN UNION, UK AND SWITZERLAND ADDITIONAL NOTICE

Your Rights.

We respect your privacy rights and provide you with reasonable access and rights to the Personal Data, as this term is referred to for individuals located in the European Economic Area (EEA), pursuant to the European Directives 95/46/EC and 2002/58/EC (EU General Data Protection Regulations Legislation, also known as GDPR), that you may have provided through your use of the Products. If you live in one of those countries, and wish to access, amend, delete, or transfer any Personal Data we hold about you, you may contact us as set forth in the “Who We Are. Contact Us” section below.

You may update, correct, or delete your Personal Data and preferences at any time by request to us at the contact information below. Please note that while any changes you make will be reflected in active user 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.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Services.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact us at the email below. You also have a right to lodge a complaint with data protection authorities.

Third Party Tools.

The Products are enabled with the tools to support the services of third parties performing advertising and analytics on the Products.  The third party service provider tools implemented on our Products are for the purposes of: advertising services, analytics and crash reporting services, Emoji (in UberSocial® app/Android and UberSocial app/iPhone), Facebook to enable cross-posting and showing timelines); an Android-file logger (in Plume to allow Data Subjects to share app logs with us).

To enable these services, those tools will collect and transmit devices id, device related and  application related information (“Data”) to those providers. Such Data may include information which constitutes Personal Data, as this term is referred to under GDPR, notably your device id. When utilizing the described advertising services, UberMedia will undertake to hash all device ID information, upon receipt, from Data Subjects whose devices are seen in EEA countries so as to not retain the Personal Data.  The third party services will only be able to collect and use your device id if you have provided express consent for the collection in the particular App. We hash device ID information before any transfer of data outside the EEA.

Legal basis for processing any personal data; Retention

As before, UberMedia will only collect and process Personal Data when we have lawful bases for doing so. These lawful bases include when you provide consent, when we have a contractual obligation to collect or process your Personal Data, and when we have a legitimate interest in processing your Personal Data.

When we collect Personal Data, we keep it for as long as we need it for the purpose it is being processed for. For example, we will retain your email information for as long as the Products are active or as needed to provide you the Services; and after that, we will keep the Personal Data for a period which enables us to handle or respond to any complaints, queries or concerns relating to your use of the Products.  We retain the identifiable data we collect directly for targeting purposes for as little time as possible, after which we employ measures to permanently to delete or anonymize or de-identify the data. We will periodically review the Personal Data we hold and delete it securely when there is no longer a legal, business, or consumer need for it to be retained. 

Transfers.

Where we transfer your Personal Data outside the European Economic Area (EEA), we rely on approved standard EU Model Clauses so these transfers are conducted in accordance with applicable laws and using adequate and appropriate safeguards.

 

CHANGES TO PRIVACY POLICY

UberMedia reserves the right to change this Privacy Policy at any time, and will do so by posting changes to this Privacy Policy. The new Privacy Policy will apply to all current and past users of the Products and will replace any prior Privacy Policies that are inconsistent.

 

DISPUTE RESOLUTION

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and performed in California, excluding the application of the conflict of laws provisions. You agree that any action or suit brought by a party to enforce or adjudicate your rights under this Agreement shall be brought in the federal or state courts located in Los Angeles, California. 

WHO WE ARE. CONTACT US

UberMedia, Inc.
130 West Union Street
Pasadena, CA 91103

Attn: Compliance Officer
privacy@ubermedia.com
Updated: May 25, 2018

 

General Privacy Policy

August 3, 2018 Posted by 0 thoughts on “General Privacy Policy”

Heatwave Hotspots: The Impact of Rising Temperatures on Businesses in Pasadena, CA

July 31, 2018 Posted by Blog 0 thoughts on “Heatwave Hotspots: The Impact of Rising Temperatures on Businesses in Pasadena, CA”

Recently temperatures rose across Southern California for the second time since the initial heatwave weekend following the July 4th holiday. We decided to use our mobile location data to  analyze how hot weather impacts visits to local businesses. To do this, we looked at the percent increase/decrease in foot traffic to movie theaters, coffee shops, and restaurants in Pasadena from the weekend prior to the July 6 heatwave through the weekend after. When comparing to the average traffic observed in the weekends before and after the heatwave, we found some compelling insights.

More people visit movie theaters

While there were some compelling movies showing that weekend, visits were more likely driven by air conditioning rather than the appeal of the latest blockbuster. Overall, movie theaters saw a 6% increase in foot traffic during the weekend when compared to the average foot traffic of non-heatwave weekends.

When looking at each day over the weekend, our data reveals a delay between the increase in daily temperature and the increase in visitation. It wasn’t until Sunday, a few days into the heatwave, that theaters saw a significant change in visitation. Pasadena theaters saw a 20% increase in foot traffic on the Sunday during the heatwave when compared to the average Sunday.

Coffee shops slow down

Coffee shops saw a steady decline in foot traffic over the heatwave, with a 10% decrease in foot traffic overall when compared to the average weekend. Saturday was especially hard for coffee shops, as they saw a 28% drop in visitors when compared to the amount of visitors seen on the average Saturday.

During the peak of the heatwave, restaurants saw more patrons

Restaurants were a mixed lot. The onslaught of the heatwave brought a wave of visitors staying out of the heat of the kitchen. Restaurants in Pasadena saw a 11% increase in visitation during the peak of the heatwave when compared to the previous/following Fridays. Although it stayed warm throughout the weekend, Saturday saw 30% less visitors than the average.

There are countless unforeseen circumstances that can impact how many patrons visit a business on any given day. While we can’t change the weather, we can help coordinate with businesses to adjust their strategies based on the actual performance of their unique locations in relation to real world events.

Protected: White Papers

July 31, 2018 Posted by 0 thoughts on “Protected: White Papers”

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We’ve updated our branding

July 30, 2018 Posted by Blog 0 thoughts on “We’ve updated our branding”

We’re excited to announce an updated look for UberMedia. As market leaders leaders in mobile data, our mission is to make powerful mobile data easy-to-use. As with any complex subject, the best way to make it easy-to-use is to make it easily understood. We’ve created a new website, updated our look, and reorganized our offerings to focus on bringing clarity to mobile data.

Take a look at our new website, and keep an eye here on our blog for even more great content based on the most powerful and easy-to-use mobile data on the market.

UBERSOCIAL EULA

June 25, 2018 Posted by 0 thoughts on “UBERSOCIAL EULA”

UberSocial® app EULA

This Additional End User License Agreement (“EULA”) sets out the legal terms between you (either an individual or legal entity) and UberMedia®, Inc. (“UberMedia”). This EULA incorporates by reference the Universal Terms for use of the UberSocial application and related user documentation provided in online or electronic form (the “Software”). PLEASE READ THIS EULA AND THE UNIVERSAL TERMS CAREFULLY. BY CLICKING A BUTTON ACCEPTING THESE TERMS (IF APPLICABLE), OR BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE SOFTWARE.

1. Changes

As we say in the Universal Terms, we are constantly evolving our products. This means we may change, discontinue or disable access to the Software, UberMedia’s services provided by the Software and/or third-party services (collectively “Services”) or impose new or additional rules, policies, terms, or conditions on your use of the Software and Services, without notice or liability to you. Additional fees may apply for additional services and products offered by UberMedia and others, including, but not limited to, services that integrate with the Software or extend the functionality of the Software. We make no representations or warranties that third parties will continue to make third-party services available as part of the Services. In addition, we may change all or part of the EULA at any time. We may make changes to the EULA by posting the changed terms. YOUR CONTINUED USE OF SOFTWARE FOLLOWING UBERMEDIA’S POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.

2. License Grant

Subject to the restrictions set forth in the Agreement including this EULA, UberMedia hereby grants to you a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use in object code form a single copy of the Software on your personal computer or mobile device (e.g., iPhone, iPad, BlackBerry, Android) (each of personal computer and mobile device, a “Device”), as applicable. This license is bound to the Device you used to complete activation and to you, and it does not allow multiple users, multiple copies or copies on multiple Devices. Any attempt to use the Software other than as permitted by this license will immediately terminate the license. The license granted to you in this EULA is not a transfer or sale of UberMedia’s ownership rights in or to the Software or your copy of the Software. Other than the license grant at the beginning of this paragraph, UberMedia retains all right, title and interest (including all intellectual property rights) in and to the Software and the copy of the Software on your Device. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.

UberMedia may utilize or include in the Software third-party software that is subject to open source and third-party license terms (“Third-party Software”). You acknowledge and agree that your right to use such Third-party Software in connection with the Software is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall control with regard to your use of the relevant Third-party Software. In no event, shall Software or components thereof be deemed to be “open source” or “publicly available” software.

3. License Restrictions

You may not:

  • rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Software, your copy of the Software or any of your rights and obligations under this EULA;
  • remove or destroy any copyright notices or other proprietary markings on the Software;
  • reverse engineer, decompile, disassemble, modify or adapt the Software, merge the Software into another program, or create derivative works of the Software;
  • copy or distribute the Software;
  • transfer the Software from one device to another without UberMedia’s prior written consent; or
  • use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA.

You may print copies of any user documentation provided in online or electronic form for your personal use.

4. Termination

This EULA will be effective upon the earlier of your acceptance of this EULA (if applicable) or your download, installation, copying or use of the Software and will be terminated automatically upon the earlier of: (a) your failure to comply with any term of this EULA; (b) your discontinuing use of the Software; and (c) if your Software download required payment, the end of the time period specified at time of purchase that corresponds with your selected purchase. UberMedia may terminate this EULA for any reason or no reason in its sole discretion. If this EULA is terminated for any reason, you must cease all use of the Software and destroy all copies of the Software in your possession. If UberMedia does not take action to inform you of the termination of this EULA after you fail to comply with any of the terms of this EULA, such failure to act does not imply that the termination has not occurred or that UberMedia has waived any of the rights reserved by UberMedia under this and other provisions.

5. Software Updates and Support

The terms of this EULA will govern any updates or upgrades that may be provided by UberMedia that replace or supplement the original Software, unless such update or upgrade is accompanied by a separate license EULA in which case the terms of that license EULA will govern. UberMedia does not guarantee that any future updates or upgrades of Software will be made available to you or free of charge. Additionally, in order to enhance Software or Software security, fix bugs, comply with legal requirements or mitigate liability, from time to time, UberMedia may automatically download and install updates or other changes to the Software with or without prior notification. UberMedia is not required to reply to support requests or offer you general advice on technologies underlying or related to Software. Without limiting the generality of the foregoing, UberMedia may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.

6. Accessing Software and Services

To the extent you choose to access Services or Third-party materials, you do so at your own initiative and are responsible for such access and compliance with any applicable laws, including but not limited to applicable local laws. You need an active, functional internet connection to activate your copy of Software.

7. Privacy policy

Use of the Software is subject to our Privacy Policy, located here.

8. Transmission of Data

Use of the Software may involve the transmission of data over the Internet to UberMedia, to Twitter and to other third parties, and you will not be notified in each instance of the transmission of information from your Device. The information that is transmitted includes your Twitter username and display name, your tweets and other Twitter information needed to provide you the Service. For the sake of copy protection, a valid activation might be verified automatically by the Software from time to time.

9. Trademarks

Certain of the product and service names used in this EULA and the Software may constitute trademarks of UberMedia or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.

10. Export Controls

You agree not to export, re-export or use Software except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Software license. If you purchased or use Software in the United States, you may not export or re-export Software to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Software for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

11. U.S. Government End Users

Software is defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consists of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202. Software is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this EULA. All unpublished rights are reserved under the Copyright laws of the United States and International EULAs.

12. Miscellaneous

The Agreement, including the Universal Terms of Service and this EULA is the entire agreement between you and UberMedia relating to the Software and supersedes all prior oral or written communications and representations with respect to Software or any other subject matter covered by this EULA.

Effective: June 7th, 2011.


UNIVERSAL TERMS

June 25, 2018 Posted by 0 thoughts on “UNIVERSAL TERMS”

 

 

 

 

Universal Terms

This is a binding legal contract that applies to anyone who visits this website (“Site”) and/or uses any of our services and software (“Services”). If you do not agree to all of these terms, please do not use the Site or the Services. BY ACCESSING THE SITE OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY THE AGREEMENT, AS DEFINED BELOW

1. Our Agreement.

In addition to these UberMedia® Universal Terms, your agreement with UberMedia also includes the specific additional terms that apply to any Service(s) you use. Throughout the Site and in all of our documentation, whenever we refer to the “Agreement” we mean these Universal Terms and the applicable additional terms. “UberMedia” means UberMedia, Inc. and its subsidiaries.

Additional End User License Agreement – Echofon application: applies to anyone who downloads any software application or code, information, text, graphics or other materials relating to the Echofon application made available for download at Echofon.com or anywhere else it may be found, such as an app store or partner website. The Additional EULA is here.

Additional End User License Agreement – UberSocial® application: applies to anyone who downloads any software application or code, information, text, graphics or other materials relating to the UberSocial application made available for download at UberSocial.com or anywhere else it may be found, such as an app store or partner website. The Additional EULA is here.

2. Privacy Policy.
Use of our Site and Service is subject to our Privacy Policy, located here.

3. Changes.
We are constantly evolving our Site and Services. This means that we may change, restrict or discontinue either or both, without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these Universal Terms. We may make changes by posting the changed terms on the Site. YOUR CONTINUED USE OF THE SITE AND/OR OUR SERVICES WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.

4. User Content, Third-party Content and Links on the Site.

4.1. Postings You Can Make. You may post on the Site where permitted. Anything that you post to the Site will be treated as non-confidential and non-proprietary. You agree that any information, data, text, software, music, audio files or other sounds, photographs, graphics, video, messages, tags or other materials (“Content”) you post on the Site will not be offensive, harmful, abusive, illegal, obscene, pornographic, objectionable, hateful (including without limitation racist/discriminatory), threatening, encouraging of conduct that would give rise to civil or criminal liability, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise infringing or injurious to third parties. You further agree that the Content you post will not contain viruses or other mechanisms that may damage or interfere with our systems or other users’ property, will not advertise or solicit business, and will not involve political campaigning or be spam. You may not imply that your posted Content is sponsored or endorsed by us, and you will not mislead anyone as to the origin of any posted Content. We have the right, but not the obligation, to remove, edit or refuse to post Content; we do not make any commitment that we will police the Site for problems that have not been reported to us. You shall be solely responsible for all Content posted under your username and the consequences of publishing it. Without limiting any other rights in the Agreement, we may terminate a user’s access to the Site if we believe you have violated this section.

4.2. Third-party Technologies. UberMedia may provide technologies that allow people who publish Content on third-party services to reach Site users who are interested in that Content. We make no representations or warranties regarding the performance of such third-party services, their compliance with applicable laws and regulations, or any other aspect of such third-party services. Your use of third-party services is at your own risk. You acknowledge and agree that the third-party services and any related third-party terms of service are subject to change by the applicable third-party at its sole discretion and without any notice. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the third-party services; (ii) any products, services, processes or technology described in or offered by the third-party services; or (iii) any copyright, trademark, patent or other intellectual property right in the third-party services.

4.3. Others’ Content and Links to Third-party Websites. We make no representations or endorsements regarding the quality, accuracy, reliability, security or condition of any third-party Content, applications or websites; you acknowledge and agree that UberMedia and its affiliates are not responsible for examining or evaluating the Content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third-party materials. You are responsible for taking precautions as necessary to protect your property from viruses and other destructive mechanisms. The Site and our Services may include Content that you find offensive or otherwise objectionable, that contains inaccuracies, mistakes, or other errors, that violates the rights of third parties or that requires your agreement to additional terms and conditions (stated or unstated) in order to download, copy or use it. We do not control the Content and websites accessible through our technologies. We disclaim any responsibility for any harm resulting from your use of the Site, our Services, viewing or use of any third-party technology, Content or websites.

4.4. Removal of Content. UberMedia reserves the right to remove any Content from the Site and Services at any time, for any reason. UberMedia may reformat, excerpt or translate any Content submitted by you.

5. License

5.1. Site Use. UberMedia grants you a limited, revocable, non-transferable and non-exclusive license to browse, place orders for Services (where applicable), and upload Content onto the Site, where permitted, for personal use, solely in accord with the terms of the Agreement. This license automatically terminates upon your breach of any of these terms.

5.2. License You Grant to UberMedia for Content You Post on Site. When you upload any Content on the Site, you grant UberMedia a perpetual, irrevocable, worldwide, royalty-free license to sublicense, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, create derivative works from, and distribute such Content, in any media known now or in the future. You also grant UberMedia the right to Use the name that you submit in connection with the Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you post, that the Content is accurate and that the Use of the Content you supply does not violate our policies and will not cause injury to any person or entity.

5.3. License from You for Content from Third-party Services. In addition to third-party submissions on the Site, we may display Content on the Site or your Device (as defined in the relevant EULA) directly (a) through APIs, “feeds” or other mechanisms provided by third-party services such as Twitter and (b) by accessing your accounts with such third parties as authorized by you below and during your use of the Services (“Social Content”). You acknowledge that our Use of Social Content received directly from third parties is authorized by our agreements with those third parties without need for any direct consent or license from you. As to Social Content we receive by accessing your accounts with third parties, you hereby authorize UberMedia to access your account for the purpose of obtaining and Using such Social Content.

5.3.1. The following license applies (a) in the event that that we needed your direct consent or license to Use Social Content provided directly by third parties and (b) to all Social Content we receive by accessing your third-party accounts. You hereby grant UberMedia, its affiliates and Publishers a perpetual, irrevocable worldwide royalty-free right and license to “Use” all Social Content. “Use” means the exercise of all rights, including any copyright, trademark, patent, publicity or other rights, needed or beneficial for UberMedia, its affiliates and Publishers to operate and/or promote the Services, including any rights needed to sublicense, access, obtain, host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of the Social Content, in any media known now or in the future, including by not limited to the Service as it operates across UberMedia’s and UberMedia’s affiliates’ myriad distribution platforms. “Publisher” means a third party with whom UberMedia has an agreement to allow the display of Social Content.

5.4. You understand that we will place your Content on websites, devices, applications and other publishing platforms and mechanisms (collectively, “Properties”). Properties may include a wide variety of websites, devices, applications and other publishing platforms and mechanisms through UberMedia’s and UberMedia’s affiliates’ myriad distribution platforms. To the extent not already authorized by our agreements with third-party providers, you hereby authorize and consent to all such placements and you agree that all placements of Content shall conclusively be deemed to have been approved by you. You acknowledge that we do not offer the option of blocking Content from appearing in any specific location.

5.5. We may modify (including without limitation reformat, excerpt and translate) your Content in order to transmit, display or distribute it or to meet the limitations of Publishers, networks, devices, services or media. We may also label your Content as we believe necessary to comply with any applicable law or regulation. We may also include other Content, including advertising, alongside your Content, without sharing any revenue with or accounting to you.

5.6. You are solely responsible for your Content in every possible respect, including ensuring that your Content complies with your Representations and Warranties below.

5.7. You understand that UberMedia may evaluate any website or other published materials associated with your Content, whether by automated or manual means.

6. Accounts. UberMedia may provide the ability for you to create an account on the Site and may require, as a condition of using Services that you supply us with certain registration information. If you elect to purchase paid Services (when/if available), you agree to pay all fees and charges associated with such Services on a timely basis. We may, in our sole discretion, terminate your account or modify any account related Content or access or take any other action we deem appropriate. You are responsible for everything done through your account so please do not share your account information and password. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. You may not open a new account without our written permission if we have terminated your account or suspended your access to the Site or any Services. When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. We may delete or archive these things at our discretion.

7. Age. Certain services may be purchased with a credit card. If you are under 18, you may use the Site only with the involvement of a parent or guardian, and the adult will be considered the user responsible for all activities that take place. You many not use the Site if you are under 13.

8. Things You Cannot Do.

8.1. Give false information to us or anyone else in connection with your use of the Site or the Services. This includes but is not limited to giving false information in your account registration.

8.2. Use as your username a name that is offensive, vulgar, or obscene.

8.3. Interfere with anyone whose Content we display.

8.4. Open a new account without our written permission after we have terminated your account or suspended your access to the Site or any Services.

8.5. Do anything that smacks of bad online citizenship, such as spam anyone, distribute spyware or viruses, attempt to obtain password, account or private information from another UberMedia user, collect personal information without disclosing such and abiding by your privacy policy, harass, abuse, stalk, threaten, defame or otherwise violate the rights of any other party, or attempt to reverse engineer or hack into our systems.

8.6. Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.

8.7. Copy, modify, lease, loan, sell, distribute, create derivative works from, or distribute any Content from, the Site or Services (whether the Content has been posted by us or a third- party); copy, display or use our trademarks in any way; or use the Site or Services for any purpose not explicitly authorized in the Agreement. You may, to the extent the Site and Additional EULA authorize you to do so, download or copy software accessible from the Site, for personal use only.

8.8. Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute Content from the Service without our express written permission. Please contact us at partners@ubermedia.com for further guidance.

8.9. Other than as expressly permitted through additional terms referenced in Section 1 above to which you are a party, reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content we make available.

8.10. Use the Site or Services if you are not legally permitted to do so (e.g., subscribe to Services if you are under 18 years of age).

8.11. Anything we ask you not to do.

9. Representations and Warranties. You represent and warrant that:

9.1. All information you supply to UberMedia is complete, accurate and current.

9.2. All Social Content you have provided and will provide to or through the third-party services complies with the applicable third-party terms, rules and/or policies.

9.3. Your Content and our Use of your Content in accord with this Agreement will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third-party rights (including intellectual property and privacy rights), and is not otherwise libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.

9.4. Your Content does not contain a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, interfere with or expropriate any system, data or information.

10. Third-party Trademarks. All third-party trademarks are the property of their respective owners. Use of any third-party trademark or Content on the Site and/or by the Services does not constitute or imply affiliation with or endorsement of UberMedia by these third parties. Aside from any explicit grants in the Agreement, nothing in the Agreement grants you any license to third-party trademarks or Content.

11. Infringement. We respect the intellectual property of others and require that our users do the same. To see our Infringement Policy or learn how to report copyright or trademark infringement, click here.

12. UberMedia’s Rights. Unless otherwise specified in the Agreement and except for third-party trademarks and Content, all information and web pages appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of UberMedia. You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted uses of the Services. UberMedia retains all right, title and interest in the Site, the Services, and its trademarks, service marks and logos, including all technology and processes and any enhancements or modifications. Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensee.

13. Indemnity, Disclaimers and Limits on Liability

13.1. You will indemnify, defend, and hold harmless UberMedia, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Site, the Services (including without limitation the software that is a part of the Services) or the Agreement. This includes but is not limited to Liabilities arising out of or relating to your use of the Site or any Services, any use of your account by you or anyone else, any Content you receive through the Site or Services, claims of intellectual property or other third-party rights infringement, and taxes. UberMedia reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

13.2. UBERMEDIA PROVIDES THIS SITE, THE SERVICES AND ANY SOFTWARE DOWNLOADED FROM THE SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. UBERMEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SERVICE AND FOR ANY DOWNLOADS MADE FROM THE SITE OR SERVICES. UBERMEDIA MAKES NO WARRANTY THAT THE SITE, ANY SOFTWARE DOWNLOADED FROM THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR FREE, NOR DOES UBERMEDIA MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. UBERMEDIA DOES NOT WARRANT THAT SOFTWARE OPERATES ON THE TYPE OF DEVICE OWNED BY YOU AND YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING A DEVICE COMPATIBLE WITH SOFTWARE. UBERMEDIA IS NOT RESPONSIBLE FOR ANY CONTENT ACCESSED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UBERMEDIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

13.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WHATSOEVER SHALL UBERMEDIA, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, OR DAMAGES FOR CONTENT, OR RELATING TO DOWNLOADING SOFTWARE, SERVICES OR POSTING CONTENT, THE INABILILTY TO USE THE SOFTWARE OR THE SERVICES, ANY CONDUCT BY A THIRD-PARTY ON, OR THIRD-PARTY CONTENT ACCESSED THROUGH, THE SITE OR SERVICES, OR ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT(ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE OR THE SERVICE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. UBERMEDIA NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR THE SERVICE. UBERMEDIA’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Local Laws; Export Control. UberMedia controls and operates this Site from its headquarters in the United States of America and the Services, Social Content and/or other Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. You agree not to export, re-export or use Software except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Software license. If you purchased or use Software in the United States, you may not export or re-export Software to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Software for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

15. Miscellaneous

15.1. We do not want to receive information that is confidential or proprietary. If you send us suggestions, Content or ideas of any kind, including potential improvements to the Site, UberMedia’s software and/or Services, we may use such suggestions, Content and/or ideas for any or all purposes, with no compensation or attribution to you.

15.2. This Agreement will not be construed against either party as the drafter.

15.3. The Agreement incorporates all UberMedia policies, which can be found here. We reserve the right to change our policies at any time, effective immediately.

15.4. We will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.

15.5. We will communicate with you either by posting to a blog on the Site or on the Site itself. As stated above, the Agreement includes the Universal Terms and any additional terms that apply, as described above. The Agreement is the entire agreement between you and UberMedia and it replaces any other agreement between us on this subject. Aside from our right to make changes described in Section 3, any amendments to the Agreement must be in a writing signed by both parties.

15.6. You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.

15.7. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Agreement, our Site or our Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.

15.8. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later. The Agreement is the entire integrated agreement between you and UberMedia on this subject matter.

15.9. We may grant approvals, permissions, extensions and consents by email, but any modifications by you to the Agreement must be made in a writing executed by both parties. Any notices to UberMedia must be sent to UberMedia, Inc., 130 West Union Street, Pasadena, CA 91103, USA, Attn: Member Service, with a copy sent via first class or air mail or overnight courier, and delivery is deemed given upon receipt.

These Universal Terms were last updated June 7th, 2011.

Infringement Policy

June 25, 2018 Posted by 0 thoughts on “Infringement Policy”

Infringement Policy

UberMedia® respects the rights of copyright and trademark owners. UberMedia responds to clear notices of infringement of third party intellectual property rights in accord with the Digital Millennium Copyright Act (“DMCA”) for copyrights, and uses a similar process for trademark infringement claims.

Copyright Infringement

To notify us of alleged copyright infringement, you need to send us a written notice by mail or fax that includes all of the following:

  1. Identification of the copyrighted work you believe is being infringed. Please give us enough specific detail that we can find the work.
  2. Identification of the work you believe is infringing, with information that is reasonably sufficient for us to find it.
  3. Your address, phone number and, if applicable, email address.
  4. This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  5. This statement: “The information in this notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A physical or electronic signature of “a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.”

UberMedia will treat copyright infringement notices that meet these requirements in accord with the DMCA.

If we have taken down content that you believe should not have been removed, you can send us a written counter-notice by mail or fax that meets the DMCA requirements and we will follow the process set out in the DMCA. More information on the DMCA is available at http://copyright.gov.

Trademark Infringement

To notify us of a trademark infringement, please send us a notice that includes (a) the specific trademark you believe is being infringed, (b) detailed information about the trademark you believe is infringing and where you saw that infringing trademark on our site, (c) your name, address and email address, statements that are the equivalent to #4 and #5 above but as to the trademark instead of a copyright, (d) a physical or electronic signature meeting the requirements of information as for a copyright notice, plus the serial or registration number of the trademark if it has been registered.

UberMedia’s Response

We will respond to all infringement notices and comply with applicable law. As we say in our Universal Terms, we reserve the right to remove any content without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account and/or access if the user is determined to be a repeat infringer.

Where to Send Notices

Please send infringement notices to:

Infringement Complaints
UberMedia, Inc.
130 West Union Street
Pasadena, CA 91103

Email: copyright@ubermedia.com

Effective: March 5th, 2011