AUDIENCE, INC., ("Audience
") describes our practices in connection with Personally Identifiable Information that we collect through our website located at http://www.audience.com
"). This Policy does not address our practices regarding information that we collect through any website, or by any other means, other than through the Site; nor does this Policy govern the collection, use or disclosure of information by any third parties.
By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated
" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. Note Regarding the Use of the Site by Children:
The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site. 1. What Types of Information Does Audience Collect From Me?
Audience gathers two basic types of information through the Site: "Personally Identifiable Information
" (or "PII
") and "Non-Personally Identifiable Information
" (or "Non-PII
"). Personally Identifiable Information is information that identifies a person as an individual. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal a person’s specific identity.a. Personally Identifiable Information.
You do not have to provide PII to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to register for product announcements or updates, or to access certain areas of the Site), we may require that you furnish PII. We collect PII from you through the Site, such as your name, postal address, telephone number, or e-mail address, only when you voluntarily provide it to us.b. Non-Personally Identifiable Information.
When you visit and interact with the Site, Audience and its third party service providers or business partners may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: (i) server log files, (ii) environmental variables, (iii) cookies and other similar technologies, and (iv) information that you voluntarily provide to us.
i. Server Log Files.
Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We and our service providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.ii. Environmental Variables.
We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most websites, and can be used to optimize your experience on the Site.iii. Cookies.
Audience also collects Non-PII (e.g.
, your interests, your geographic location, etc.) when you voluntarily provide such information to us. Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
2. How Does Audience Use Information Collected From Me? a. Personally Identifiable Information.
We may use PII in the following ways:i. Fulfillment of Requests.
Audience may use PII about you to fulfill the purpose for which such PII was provided (e.g.
, to send product announcements or updates).ii. Administrative Communications.
From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.iii. Other Communications.
From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see Section 4.d ("Opt-Out
") below. iv. Promotions.
We may operate sweepstakes, contests and similar promotions (collectively, "Promotions
") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about Company's use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control. v. Internal Business Purposes.
We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.b. Non-Personally Identifiable Information.
Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non-PII, which does not personally identify you, with other third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined. 3. How Is Personally Identifiable Information Disclosed? a. Third Party Service Providers.
We work with third parties who provide services including but not limited to data analysis and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services. b. Information Posted by Visitors.
Audience may make available through the Site services, such as social media functions, which allow you to post information and materials. Except with respect to the Partner Portal (as discussed below), any information you disclose through such services or otherwise on the Site becomes public information, and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services, certain PII will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE. c. Information Uploaded by Visitors to the “Partner Portal.”
The Site includes a Partner Portal, a password-protected portion of the Site in which registered users of the Site may upload and download information and materials such as test patterns. Information uploaded by Site users to the Partner Portal will not be accessible to other Site users. d. Assignment.
We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Audience's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).e. Law Enforcement; Emergencies; Compliance.
Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations or those of any Affiliated Entities; (f) to protect the rights, privacy, safety or property of Audience, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.4. Other Important Notices Regarding Our Privacy Practices.a. Third Party Sites.
The Site may contain hyperlinks to email addresses of certain third-party distributors and representatives of Audience products. When you click on a hyperlinked email address, it is designed to open a blank email message through the email software program on your computer, with the selected email address in the “to” line. Please note that any such messages are transmitted directly to the third party, and that they are not transmitted through the Site or received by Audience. Any PII you choose to provide to these third parties will be subject to the third party’s privacy policies and practices. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY DISTRIBUTORS OR REPRESENTATIVES. c. Security.
We seek to have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 4.g ("Contacting Us")
below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).d. Opt-Out.
If you do not wish to receive marketing-related e-mails from us, you may opt-out of receiving such marketing-related e-mails by clicking on the “Unsubscribe” link in marketing-related email communications from Audience. We will endeavor to comply with your request as soon as reasonably practicable.e. Reviewing or Changing PII About You.
If you would like to review, correct or update PII that you have previously provided to us through the Site, you may do so by contacting us via e-mail at
Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared PII about you.f. Jurisdictional Issues.
The Site is controlled and operated by Audience from the United States, and is not intended to subject Audience or any Affiliated Entity to the laws or jurisdiction of any state, country or territory other than that of the United States. Audience does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. g. Contacting Us.
If you have any questions regarding this Policy, please contact us by e-mail at
, or mail your inquiry to:
Attn: Privacy Department
440 Clyde Avenue
Mountain View, CA 94043
Please note that e-mail communications will not necessarily be secure; accordingly you should not include sensitive information in your e-mail correspondence with us.