Digital Scout Privacy Policy

 

I.                   SCOPE

 

  1. This policy covers the privacy practices that Digital Scout, Inc., and our subsidiaries and affiliates (“Digital Scout” or “we”) employ when providing support, consulting, On Demand, or other services (the “services”) to our customers (“you” or “your”).

 

II.             CUSTOMER INFORMATION AND SERVICES DATA

 

  1. Customer information is information that we may collect from your use of the DigitalScout.com Web site and your interactions with our applications.

 

  1. Services Data is data that resides on Digital Scout, customer, or third-party systems to which Digital Scout is provided access to perform services (including On Demand environments as well as test, development, and production environments that may be accessed to perform Digital Scout consulting and support services).  We treat services data according to the terms of this policy, and we treat services data as confidential in accordance with the terms of your order for services.

 

  1. To illustrate the difference between customer information and services data, when a customer contracts with us for On Demand services, the customer provides information about itself, including its name, address, billing information, and some employee contact information.  Our Web site may also collect some information about the customer and some employees as part of that interaction.  All of the information is customer information and is treated according to this privacy policy.

 

  1. In contrast, having contracted with us for On Demand or other services, the customer then provides us with access to its production, development, or test environment, which may include personal information about its employees, customers, partners, or suppliers (collectively “end users”).

 

  1. We collect information to provide better services to all of our users – from figuring out basic stuff such as which language you speak, to more complex things such as which ads you will find most useful or the people who matter most to you online.  We collect information in two ways:

 

1.      Information you give us. For example, our services require you to sign up for an account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card.

2.      Information we get from your use of our services. We may collect information about the services that you use and how you use them. This information includes:

 

a.       Device information: We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.

b.      Log information: When you use our services or view content, we may automatically collect and store certain information in server logs. This may include:

 

i.        details of how you used our service, such as your search queries.

ii.      telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information, and types of calls.

iii.    Internet protocol address.

iv.    device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

v.      cookies that may uniquely identify your browser or your account.

 

c.       Location information: When you use our location-enabled service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.

d.      Unique application numbers: Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

e.       Local storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

f.       Cookies and anonymous identifiers: We use various technologies to collect and store information when you visit our service, and this may include sending one or more cookies or anonymous identifiers to your device.

g.      Web Beacons: We may collect information using Web beacons. Web beacons or "gifs", are electronic images that may be used on our Site, in our Services, or in our emails. We use Web beacons to deliver cookies, count visits, and to tell if an email has been opened and acted upon.

 

3.      Information you choose to make public: Choosing to make your information public is exactly what it sounds like: anyone, including people off of Digital Scout, will be able to see it.  Choosing to make your information public also means that this information:

 

a.       Can be associated with you (i.e., your name, profile picture, Digital Scout profile, User ID, etc.) even off Digital Scout.

b.      Can show up when someone does a search on Digital Scout or on a public search engine.

c.       Will be accessible to the applications and websites you and others use.

d.      Will be accessible to anyone who uses our APIs such as our Graph API.

 

  1. User Generated Content and Public Activities (Including Comments and Reader Reviews): We offer you opportunities to engage in public activities on our software and other services. “Public activities” are any actions you take on our software that are designed to be visible to other users, including comments, recommendations, reader reviews, ratings or any other items that you submit. Any information you disclose in your public activities, along with your screen name or ID, or any image or photo, becomes public and may be used by Digital Scout for online and offline promotional or commercial uses in any and all media. If you choose to engage in public activities, you should be aware that any personal information you submit there can be read, collected, or used by other users of these areas, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums and Digital Scout has no responsibility to publish, take down, remove or edit any of your public activities or any of your submissions that are a result of your public activities.

 

  1. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. After you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

 

  1. Digital Scout complies with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to our Web site and Services.

 

III.             HOW WE COLLECT AND USE SERVICES DATA

 

  1. Below are the conditions under which Digital Scout may access, collect and/or use services data.

 

1.      To Provide Services. Services data may be accessed and used to fulfill the requirements specified in your order for support, consulting, On Demand or other services.

2.      To Maintain and Upgrade a System. Technical staff may require periodic access to services data to monitor system performance, test systems and develop and implement upgrades to systems. Any temporary copies of services data created as a necessary part of this process are only maintained for time periods relevant to those purposes.

3.      To Address Performance and Fix Issues. On occasion, Digital Scout may develop new versions, patches, updates, and other fixes to its programs and services (such as security patches addressing newly discovered vulnerabilities). In accordance with the terms of your order for services and/or with notice to you, we may access and/or use a copy of your test, development or production environment, including services data, to test such new versions, patches, updates and fixes and validate that they work in your environment(s).

4.      As a Result of Legal Requirements. Digital Scout may be required to provide personally identifiable information to comply with legally mandated reporting, disclosure, or other legal process requirements.

5.      Digital Scout may transfer and access services data globally as required for the purposes specified above. If we hire subcontractors to assist in providing services, their access to services data will be consistent with the terms of your order for services and this services privacy policy.

6.      Digital Scout does not use services data except as stated above or in your order. We may process services data, but do not control your information collection or use practices for services data. If you provide any services data to us, you are responsible for providing any notices and/or obtaining any consents necessary for us to access and use services data as specified in this policy and your order.

 

  1. When you contact Digital Scout, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

 

  1. We use the information we receive about you in connection with the services and features we provide to you and other users and with the developers that build the applications and websites you use. For example, we may use the information we receive about you:

 

1.      as part of our efforts to keep Digital Scout safe and secure;

2.      to provide you with location features and services;

3.      to measure or understand the effectiveness of ads you and others see;

4.      to make suggestions to you and other users on Digital Scout.

 

  1. Granting us this permission not only allows us to provide Digital Scout as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.

 

  1. By submitting information to Digital Scout, you acknowledge that we own all information submitted to us, and you are allowing us to use the information we receive about you. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:

 

1.      received your permission;

2.      given you notice, such as by telling you about it in this policy; or

3.      removed your name or any other personally identifying information from it.

 

  1. Statistical Analysis

 

1.      We perform statistical, demographic and marketing analyses of users of our services, and their subscribing and purchasing patterns, for product development purposes and to generally inform advertisers about the nature of our subscriber base. We use this information for analysis purposes, including analysis to improve customer relationships.

2.      We use this information to analyze how End Users use their mobile applications as well as how applications are performing across different handsets. We obtain this information as a result of data being sent to our servers from our software “agent” if embedded in an End User’s mobile application. The data collected by the agent includes: agent version, platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, e.g., UDID, Model (non-iOS), manufacture (non-iOS) and OS version of device (non-iOS), session start/stop time, locale (specific location where a given language is spoken), time zone, and network status (WiFi, etc.). The device identifier is hashed to a Digital Scout ID. In addition, we may collect the following data if you select the option for Digital Scout to collect and provide such data: User ID, latitude and longitude (obfuscated by Digital Scout for iOS to state/city), gender, birthday (obfuscated by Digital Scout to month), events, errors, and page views. Finally, we see the IP address of the user through the HTTP request. We use this data to create reports to analyze End Users and to create reports and/or metrics against which we can compare user base. In addition, we may provide you with the option of exporting raw data to your servers such as timestamp, platform, event, and user ID. You can also record errors that occur in your applications and receive an export of data containing the error information.

 

IV.                SHARING CUSTOMER INFORMATION

 

  1. Just like when you share information by email or elsewhere on the web, information you share on Digital Scout can be re-shared. This means that if you share something on Digital Scout, anyone who can see it can share it with others.

 

  1. We will share personal information with companies, organizations or individuals outside of Digital Scout if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

 

    1. Meet any applicable law, regulation, legal process or enforceable governmental request;
    2. Enforce applicable Terms of Service, including investigation of potential violations;
    3. Detect, prevent, or otherwise address fraud, security or technical issues; or
    4. Protect against harm to the rights, property or safety of Digital Scout, our users or the public as required or permitted by law.

 

  1. We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

 

  1. If Digital Scout is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

 

  1. Digital Scout complies with the EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.  To view our certification, visit the U.S. Department of Commerce's Safe Harbor website at: https://safeharbor.export.gov/list.aspx

 

  1. We may share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves and you from violations of our Statement of Rights and Responsibilities; and to prevent death or imminent bodily harm.

 

  1. We provide initial responses to access requests within a reasonable period of time, typically within thirty (30) days. You can also download a copy of everything you've put into Digital Scout by visiting your “Account Settings” and clicking on “Download a copy of your data.”

 

V.             SOLICITATION

 

  1. In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.

 

  1. If you have registered to use our services, we will not sell, rent, swap or authorize any third party to use your e-mail address or any information that personally identifies you without your permission.

 

  1. We reserve the right to send you e-mail relating to your account status. This includes order confirmations, renewal/expiration notices, notices of credit-card problems, other transactional e-mails and notifications about major changes to our services and/or to our Privacy Policy.

 

VI.          MINORS AND SAFETY

 

  1. Under the Children's Online Privacy Protection Act (COPPA), no Web site operator can require as a condition of participating in an activity that a child under the age of 13 disclose more information than is reasonably necessary. Digital Scout does not knowingly collect or store any personal information about children under the age of 13.

 

VII.          SECURITY AND BREACH NOTIFICATION

 

  1. Digital Scout is committed to the security of your services data, and has in place physical, administrative and technical measures designed to prevent unauthorized access to that information. Our security policies cover the management of security for both our internal operations as well as the services. These policies, which are aligned with the ISO/IEC 17799:2005 and ISO/IEC 27001:2005 standards, govern all areas of security applicable to services and apply to all Digital Scout employees. Digital Scout’s Support, Consulting and On Demand lines of business have developed detailed statements of security practices that apply to many of their service offerings, which are available for review at your request.

 

  1. Digital Scout’s security policies and procedures are reviewed by the Digital Scout Security Oversight Committee (DSSOC). The OSOC coordinates implementation of security wide programs, including security policies and data privacy standards, and is responsible for security oversight, compliance and enforcement, and for conducting information security assessments and leading the development of information security policy and strategy.

 

  1. Digital Scout is also committed to reducing risks of human error, theft, fraud, and misuse of our facilities. Our efforts include making personnel aware of security policies and training employees to implement security policies. Our employees are required to maintain the confidentiality of services data. Employees’ obligations include written confidentiality agreements and compliance with company policies concerning protection of confidential information.

 

  1. Digital Scout promptly evaluates and responds to incidents that create suspicions of unauthorized handling of services data. DSSOC and Legal are informed of such incidents and, depending on the nature of the activity, define escalation paths and response teams to address the incidents. If Digital Scout determines that your services data has been misappropriated (including by an employee), we will promptly report such misappropriation to you.

 

  1. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect the information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.

 

VII.             DISCLAIMERS

 

  1. This software and its content are provided “as is” and Digital Scout excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this software are not warranted to be uninterrupted or without error. You, not Digital Scout, assume the entire cost of all necessary servicing, repair or correction due to your use of this software.

 

  1. Except as specifically stated in this Policy, or elsewhere on this Web site, or as otherwise required by applicable law, neither Digital Scout nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of this software or the content, whether or not we have been advised of the possibility of such damages.

 

  1. Digital Scout uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness, or reliability.

 

  1. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

IX.                COMPLIANCE

 

  1. Digital Scout regularly reviews our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

 

  1. Digital Scout has appointed Attorney Donna K. Lewis as Chief Privacy Officer. If you believe your services data has been used in a way that is not consistent with this policy, or if you have further questions related to this policy, please contact the Chief Privacy Officer by email at legal@digitalscout.com. Written inquiries may be addressed to Nelson, Mullins, Riley, & Scarborough LLP, Att: Donna K. Lewis, 201 17th Street NW, Suite 1700, Atlanta, Georgia  30363, USA.

 

X.             NOTICE OF CHANGES

 

  1. This Privacy Policy may be amended from time to time. Any such changes will be posted on this page. If we make a significant or material change in the way we use your personal information, the change will be posted on this page thirty (30) days prior to taking effect and registered users will be notified via e-mail.