1. INTRODUCTION. The App Development and Marketing Company, Inc., a California corporation, doing business as RAIN and Rainlocal (“us”, “we”, or the “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company site rainlocal.com and its subdomains (the “Site”). We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site and not to any other websites that you may be able to access from the Site, including any advertisements promoted through the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. To learn more about the privacy policy controlling the advertisements themselves, visit each advertiser’s website for more information.

2.   INFORMATION COLLECTION PRACTICES

2.1. TYPES OF INFORMATION COLLECTED

(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information, either through the Site or through third parties: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) other usage data (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site.

(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain premium services and to purchase products and services that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information. You assume responsibility for the Personal Data of third parties published or shared though the Site and declare that you have the right to communicate or broadcast them, thus relieving the Company of all responsibility.

(c) RETENTION TIME. The information collected is kept for the time necessary to provide the Services or other stated purposes and uses as outlined herein, unless otherwise requested by the customer.

(d) DEVICE IDENTIFICATION INFORMATION COLLECTED. The Company may track your usage of the Site by storing the unique identifier associated with your device. This information will be used for analytics purposes or to store your user preferences.

2.2. USES OF INFORMATION COLLECTED

(a) COMPANY USE OF INFORMATION. We use Contact Data to send you information about our Company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.

(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. If you do not want us to share your Contact Data with any third parties, please email us at support@rainlocal.com, but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 3.1, below.

(i)       Analytics. The services in this section allow the Company to monitor and analyze the Site traffic, and can be used to keep track of your usage behavior. Analytics are provided by Google Analytics for the usage on the Site. To learn more about the types of information gathered and how the information is used by Google Analytics, visit http://www.google.com/intl/en/policies/. In addition, the Company uses services provided by UXCam, to record video and user experience analytics while the Service is in use. To learn more about the types of information gathered and how the information is used by UXCam, visit http://uxcam.com/about/terms.

(ii)      Payments. Third party payment processing services allow the Company to process payments by credit card, bank transfer, or other means. The Company only shares the information that is necessary to execute the transaction with the third-party payment processors handling the transaction. Stripe adheres to its own privacy policy and Payment Card Industry Data Security Standards. To learn more about the types of information gathered and how the information is used by Stripe, visit https://stripe.com/us/privacy.

(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use the Site; however, you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, please email us at support@rainlocal.com.

(d) SITE NOT INTENDED FOR CHILDREN/PERSONS UNDER 18. THE SITE IS NOT DESIGNED TO BE A CHILDREN’S SITE, OR A SITE DIRECTED TOWARD CHILDREN. THE COMPANY INTENDS ONLY PERSONS WHO ARE 18 YEARS OR OLDER TO USE THE SITE. PERSONAL REGISTRATION INFORMATION SUBMITTED BY A PERSON UNDER THE AGE OF 18 WILL NOT BE ACCEPTED. ANY GENERAL INFORMATION PROVIDED BY A PERSON UNDER THE AGE OF 18 AND GATHERED (FOR EXAMPLE, THROUGH THE USE OF COOKIES) DURING HIS OR HER VISIT MAY BE USED AS INDICATED IN THIS POLICY. The Company is committed to protecting the privacy of children. We encourage parents and guardians of children to regularly check and monitor their children’s use of e-mail and other activities online.

3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may email at support@rainlocal.com and: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish for us to send you information about our Company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties.

3.2. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

3.3. PUBLIC INFORMATION. The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

4.  INTERNATIONAL USERS. Information collected or received may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there (or any other country in which we operate).

5.  INFORMATION NOT CONTAINED IN THIS PRIVACY POLICY. You may request from the Company, at any time, specific information regarding whether your personal data has been stored and can consult the Company to learn about the information stored and its origins, to verify its accuracy, or to ask that your personal data be supplemented, cancelled, updated or corrected. You may request that your personal data be transformed into an anonymous format or to black any data held in violation of the law, as well as to oppose its treatment for any and all legitimate reasons. Requests should be sent to the Company at the contact information set out above.

6.  UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.