Ezoic Inc, a Delaware corporation (“Ezoic”) provides the website located at www.ezoic.com (“ezoic.com”), all the content under this domain, certain related software, and it’s services to you subject to the following terms and conditions. By using Ezoic you agree to be bound be the latest amended versions of this Agreement and Ezoic’s Privacy and Security Policy (see “Modifications” below).
SECTION 1: ACCEPTING THE TERMS
Ezoic optimizes, caches, alters, monetizes, collects data, and serves your website to end users. Services include but are not limited to analytics tools, reporting and optimization tools and services. By using the information, tools, features and functionality located on Ezoic.com, through any Ezoic APIs, or through any software or other websites that interface with Ezoic.com or its APIs, (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Ezoic.com website) or you are a “Member” (meaning you have registered with Ezoic). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
SECTION 2: COPYRIGHTS
All content included on Ezoic.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Ezoic and protected by United States and international copyright laws. Reproduction of the content of Ezoic.com without the written permission of Ezoic is prohibited.
SECTION 3: TRADEMARKS AND SERVICEMARKS
Ezoic, the Ezoic logo, and other Ezoic graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Ezoic or its subsidiaries. Ezoic’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Ezoic’s, in any manner without Ezoic’s permission. All other trademarks not owned by Ezoic or its subsidiaries that appear on Ezoic.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ezoic or its subsidiaries.
SECTION 4: LICENSE TO ACCESS EZOIC.COM AND SERVICES AND AVAILABILITY
In consideration for accessing Ezoic.com and the Service, Ezoic grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Ezoic. This license does not allow resale of Ezoic’s services without Ezoic’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ezoic.com without express written consent of Ezoic. You may not use any meta tags or any other “hidden text” utilizing Ezoic’s name or trademarks without the express written consent of Ezoic. Any unauthorized use automatically terminates the permission or license granted by Ezoic and may incur legal liabilities for any damages. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Ezoic’s proprietary graphics or trademarks as part of the link without express written permission.
EZOIC MAKES NO GUARANTEE REGARDING THE LEVEL OF PAGEVIEWS OR AD IMPRESSIONS OR CLICKS OR THE AMOUNT OF PAYMENT MADE TO YOU UNDER THIS AGREEMENT. IN ADDITION, FOR THE AVOIDANCE OF DOUBT, EZOIC DOES NOT GUARANTEE THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR DURING ANY DOWN TIME (i) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES (ii) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR SERVICES, (iii) FOR PREVIOUSLY SCHEDULED MAINTENANCE (iv) CAUSED BY A TECHNICAL ERROR, CODING ERROR, UPDATES, MAINTENANCE AND REPAIR (v) RELATING TO EVENTS BEYOND EZOIC’S CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS OR INTERUPTIONS TO INTERNET SERVICES IN AN AREA WHERE EZOIC OR YOUR SERVERS ARE LOCATED OR CO-LOCATED. EZOIC RESERVES THE RIGHT TO SUSPEND OR INTERRUPT ACCESS TO THE SERVICE OR PORTIONS OF OUR WEBSITE, AT ANY TIME, WITH OR WITHOUT NOTICE.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Service or any software made available to you through ezoic.com, ezoic.net or it’s related services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SECTION 5: ACCOUNTS AND PASSWORDS
YOU MAY ONLY HAVE ONE EZOIC ACCOUNT. If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Ezoic reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Ezoic.com and the Ezoic Service.
SECTION 6: ADVERTISING AND PAYMENT
If you designate another entity to be your representative, then that representative shall be (“Payee”). In all other cases you are the (“Payee”)
You may NOT click on ads on your own website or cause, solicit or encourage others to click on ads on your website.
Participation in Services is subject to your acceptance and continued compliance with this agreement and with the Google Adsense Advertising Policies outlined at https://www.google.com/adsense/policies. You agree that Ezoic is not, and can not, under any circumstances be held responsible for the removal or banning of your site by Google Adsense or any other online advertising program.
You authorize Ezoic to represent you and/or act as an agent on your behalf in dealings with ad networks. Ezoic may represent your website’s inventory, setup your website and domain(s) and complete other such actions in order to get approved and to get ads running from such network.
Ezoic may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in an Ezoic product or page including such which have been created by users unless stated otherwise.
You acknowledge that the use of Ezoic Services may, under certain circumstances, raise or lower the cost of your ad serving, web hosting, analytics or other third-party services. Ezoic is in no way responsible for any change in costs associated with the Service.
SECTION 7: YOUR CONTENT AND COPYRIGHTS
You retain full copyrights in any of your materials served through Ezoic. You acknowledge that Ezoic will modify the content of your site, including but not limited to changing the layout, colors, removing content and adding content. Ezoic is not responsible for any search engine ranking changes or other traffic changes to your site. You hereby grant to Ezoic a nonexclusive, worldwide license (a) to sell (if you authorize Ezoic to do so on your behalf), deliver, publish, republish, display, distribute; (b) to reproduce and store the content on Ezoic’s computers and servers, and make back-ups of the content for disaster recovery purposes; (c) to reformat, edit, display, market, transmit, distribute, and otherwise digitally make available to end users all or any portion of the content for download, access, and viewing on a portable electronic device, making any modifications as needed to optimize how the content is displayed on a portable electronic device; and (d) to display excerpts of the content for marketing purposes. Ezoic retains full copyrights to all website layouts created by Ezoic. Should you discontinue Services, you agree that you will not utilize, copy or attempt to copy the layouts or modifications made to your site by Ezoic, however you will retain full copyrights of all of your original website content. You hereby agree that if you shall notify Ezoic if you have any legal obligations to show specific content or advertisements on your site and that you hold You agree to indemnify and hold Ezoic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of the removal or failure to display such content or advertisements.
SECTION 8: DEVICE APPLICATIONS
You acknowledge and agree that, if you opt in, Ezoic will create native applications for device platforms such as iOS and/or Android. The application will be the sole property of Ezoic Inc. and you grant Ezoic a nonexclusive license to reproduce and store your content on such applications. Mobile applications will only update their content if you have Ezoic enabled for mobile and tablet devices and showing at least 50% Ezoic versions. If you choose to discontinue the Ezoic service, turn off mobile or tablet or to show less than 50% Ezoic version on those platforms, the content in your application may stop updating. However, due to the nature of applications, users that have already installed such application will continue to have access to the outdated content and new users may install the applications using application stores such as the Apple App store, Google Play or similar. If you would like the application removed from those stores, please notify us in writing and we notify the participating app stores.
SECTION 9: RECORDS OF EZOIC.COM VISITOR USE AND ABUSE
As a visitor to Ezoic.com and a user of the Ezoic Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
SECTION 10: PRIVACY & GDPR
SECTION 11: LIMITATION ON CACHING
You acknowledge that Ezoic’s Service is offered as a platform to optimize, cache and serve web pages and websites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of optimizing, hosting and serving web pages as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Ezoic’s Service is also a shared web caching service, which means a number of customers’ websites are cached from the same server. To ensure that Ezoic’s Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of Ezoic’s Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Ezoic’s sole discretion, you are deemed to have violated this SECTION, or if Ezoic, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Ezoic’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Ezoic may suspend or terminate your account without notice to or liability to you.
SECTION 12: INVESTIGATION
Ezoic reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted the benefit of Ezoic and/or Ezoic’s partners, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Ezoic’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Ezoic may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Ezoic for such action, including but not limited to any disruption to your website. You acknowledge that Ezoic may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complainants who have filed complaints with us.
SECTION 13: INDEMNITY
You agree to indemnify and hold Ezoic, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
SECTION 14: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EZOIC.COM, THE EZOIC SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY EZOIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. EZOIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF EZOIC.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON EZOIC.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF EZOIC.COM, THE EZOIC SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZOIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EZOIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF EZOIC.COM, THE EZOIC SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EZOIC MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT EZOIC.COM, THE EZOIC SERVICE, ANY DOWNLOADABLE SOFTWARE, THE EZOIC SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZOIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EZOIC.COM, THE EZOIC SERVICE, OR EZOIC DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EZOIC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE REMOVAL, TERMINATION OR TERMINATION OF SERVICE FROM ANY THIRD PARTY SERVICE USED ON YOUR WEBSITE OR IN CONJUNCTION WITH THE EZOIC SERVICE, INCLUDING BUT NOT LIMITED TO SEARCH ENGINES (SUCH AS Google, Bing, Yahoo), AD NETWORKS OR EXCHANGES (Such as Google Adsense, ValueClick, InfoLinks).
SECTION 15: TERMINATION
Ezoic’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Ezoic may, under certain circumstances and without prior notice, immediately terminate your Ezoic account, any associated email address, and access to Ezoic.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Ezoic’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Ezoic.com and associated Services. Further, you agree that all terminations for cause shall be made in Ezoic’s sole discretion and that Ezoic shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Ezoic set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
SECTION 16: DMCA & ABUSE REPORTS
Ezoic is a pass-through network and, at most, caches content for a limited period in order to improve network performance. Ezoic automatically removes content from our caches within seven days of when it has been removed from our customer’s origin web server. Ezoic is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through Ezoic’s network may submit a complaint for investigation to: Report Abuse. Ezoic does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:
Attn: Abuse Department
6023 Innovation Way 2nd Floor Offices
Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity. By submitting a complaint, you acknowledge that, at Ezoic’s sole discretion, copies of the complaint may be provided to the Ezoic user, the user’s hosting provider, posted on Ezoic’s website, and/or provided to third party services such as ChillingEffects.org.
SECTION 17: MODIFICATIONS
Ezoic may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Ezoic.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
SECTION 18: LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Ezoic has no control over such sites and resources, you acknowledge and agree that Ezoic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ezoic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
SECTION 19: PUBLICITY AND CONFIDENTIALITY
Ezoic shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Ezoic’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes. Ezoic may utilize information gathered from the Mediation App and the Adsense Certified Program (“Mediation Information”) for it’s own purposes and for providing generalized statistics and optimizations. Ezoic may not disclose Mediation Information to any third-party other than authorized third parties. Authorized parties may include app developers, industry partners, channel partners and investment partners – provided that they have a privacy and non-disclosure agreement in place with Ezoic. You may not disclose or cause to be disclose, Ezoic Confidential Information without Ezoic’s prior written consent. “Ezoic Confidential Information” include without limitation: (a) all Ezoic software, technology programming, specifications, materials, guidelines and documentation relating to the Ezoic Service; (b) rpmv, cpms, click-through rates or other statistics relating to your site’s performance in Ezoic Service; (c) screenshots, pictures, drawings or other representations or descriptions of Ezoic Service, including the entire Ezoic publisher area, reporting area, setting pages and (d) any other information designated in writing by Ezoic as “Confidential” or an equivalent designation. However, you may disclose the amount of Ezoic’s gross payments to you from the Service.
SECTION 20: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 21: WAIVER
The failure of Ezoic to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 22: SEVERABILITY OF TERMS
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 23: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Ezoic account is non-transferable except with the written consent of Ezoic.
SECTION 24: TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Ezoic.com must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 25: APPLICABLE LAW
By visiting Ezoic.com, you agree that the laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ezoic or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Diego County, California, USA.
SECTION 26: ARBITRATION
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding. Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of such agreement within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be San Diego, California, U.S.A., unless the parties shall have agreed to another location within fifteen (15) calendar days from the first referral of the dispute to the AAA. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.
SECTION 27: VERSIONS
The authoritative version of Ezoic’s Terms of Service is available at: www.ezoic.com/terms.php. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of Ezoic.com, the Ezoic Service, and any Ezoic Downloadable Software.
SECTION 28: HEADINGS
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Last Updated: May 1, 2023
Our Website and Services are not intended for children, and we do not knowingly collect data relating to children. Children must not use the Services, except where their parent or guardian has provided consent, if this option is available in your location.
THE INFORMATION WE COLLECT
Information you give to us
Depending on your actions through our Services or by contacting us through phone or email, you may provide some or all of the following personal information to us, which is required to enable us to fulfil our contract with you (e.g., applicable terms of service) and as otherwise indicated below, by subscribing to or using our Services, creating an account with us, contacting us via our Services or by telephone, text/SMS, email, social media, instant chat, our “contact us” page, or otherwise, including:
- Contact details, as follows (name, address, phone number, email). If you do not provide this information, we will not be able to provide you with our Services.
- Account information, as follows (username, password, security questions). If you do not provide this information, we will not be able to provide you with our Services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
- Payment information, as follows (bank account, credit or debit card information, tax ID number, billing address). This information is also required to process your payment for the Services. If you do not provide this information, we will not be able to provide you with our Services.
We may collect your Social Security number for the following business purposes: to complete transactions and provide you with Services that you have requested, to comply with any applicable legal obligations, to protect or defend the Services, our rights, the rights of our users, or others, for the purpose of combatting fraud, or to otherwise operate our business. This information is required to enable us to fulfil our contract with you and to process your payment for the Services. If you do not provide this information, we will not be able to provide you with our Services.
If you choose to voluntarily provide us with such information, we may collect diversity information, such as your racial or ethnic origin, age, gender, sexual orientation, veteran status, and whether you identify as having a physical or mental disability. We use this information when directed by you and we provide this information to our partners for advertising purposes on your behalf.
Information we collect automatically
When you use our Services we automatically collect the information sent to us by your computer, mobile phone or other device. This information may include: (i) your IP address; (ii) device information including, but not limited to, name and type of operating system; (iii) mobile network information; (iv) standard web information such as your browser type and the pages you access on our Website or using our Services; (v) transaction information (but not payment card or account details), including device information, transaction details, and IP address; (vi) security information which may include a list of certain installed software, device and internet connection information, and available space on the device.
Information we collect from third parties
Information related to data collected for our clients, customers, and publishers, as follows (information sent to us by your computer, mobile phone or other device when you visit those clients’, customers’, publishers’ websites). This information includes: information regarding your interaction with the Services, such as clickstream data and ad impressions. We collect information under the direction of our clients, customers and publishers, and we have no direct relationship with the individuals whose personal information is processed. If you are a customer of one of our clients, customers or publishers and would no longer like to be contacted by one of our clients that use our service, please contact the client, customer or publisher that you interact with directly. We may collect information from third parties (for example, our business partners) where expressly authorized by you. For additional information about our advertising partners, please see our Advertising Partners Page.
HOW DO WE USE YOUR INFORMATION?
We process your personal information in order to perform our contract with you, such as:
- provide you with our Services, other content and Website functionality;
- register and maintain your account with us; and
- process your payment for Services.
Where required by law, we obtain your consent to process your personal information for the following reasons:
- personalize your Services for you; and
- to communicate with you about products, services, marketing, promotions, events and other news and information we think may be of interest to you.
In order to be responsive to you, to provide effective Services to you, and to maintain our business relationship, as a matter of our legitimate interests, we will use your personal information to:
- administer the Services, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis;
- maintain the safety and security of our users, our Services, and business;
- send you announcements in relation to security, privacy or administrative related communications (these communications are not marketing orientated, and we do not rely on consent, so you may not opt out);
- personalize our Services to ensure content is presented in the most effective manner for your and your device;
- improve and develop our products and services; and
- to run our business and otherwise administer our business relationship with you.
In addition, we may use some or all of the above information to comply with any applicable legal obligations, to enforce any applicable terms and conditions and/ or terms of service, and to protect or defend the Services, our rights, the rights of our users, or others.
For more information, please refer to our Cookies Policy available at https://www.ezoic.com/terms/#tab-11313.
HOW THE COMPANY SHARES YOUR INFORMATION
- With service providers and vendors for business purposes, in our legitimate interests to run our business and otherwise administer our business relationship with you or to perform a contract with you. Such third parties may include: (i) data analytics and advertising vendors; (ii) IT service management vendors; (iii) security vendors; and (iii) website hosting vendors. These service providers assist us with many different functions and tasks, such as providing data storage and disaster recovery services and communicating with you.
- With third-party payment processors, to perform a contract with you. We may share your personal information with third-party payment processors for the purpose of processing your payment transaction, if this is required.
- With our business clients, in our legitimate interests. As necessary, we may share personal information to our business clients who use our Services, including about your activity on their website. Transfers to subsequent third parties are covered by the service agreements with our clients.
- With professional advisors, in our legitimate interests or as required by law. As necessary, we may share your personal information with professional advisors functioning as service providers such as auditors, law firms, or accounting firms.
- For legal and security reasons and to protect our Services and business, in our legitimate interests or as required by law. We may share your personal information with regulators, law enforcement agencies, public authorities, or any other relevant organizations: (i) in response to a legal obligation; (ii) if we have determined that it is necessary to share your personal information to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries; (iii) to protect the interests of, and ensure the safety and security, of us, our users, a third party or the public; (iv) to exercise or defend legal claims; and (v) to enforce our terms and conditions, other applicable terms of service, or other agreements.
- With our affiliates, in our legitimate interests. We may share your personal information with companies within our corporate family.
- In connection with an asset sale or purchase, a share sale, purchase or merger, bankruptcy, or other business transaction or re-organization, in our legitimate interests. We may share your personal information with a prospective buyer, seller, new owner, or other relevant third party as necessary while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.
WHERE WE STORE YOUR INFORMATION
HOW LONG DO WE STORE YOUR PERSONAL INFORMATION?
We will retain your personal information for as long as reasonably necessary to achieve the purposes for which the information was collected, including for as long as you keep your account open or as needed to provide you with our Services.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Although we do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk.
EUROPEAN PRIVACY RIGHTS
If you are located in the EEA or the UK, you have certain rights in relation to your personal information:
- Access: You have the right to access personal information we hold about you, how we use it, and who we share it with.
- Portability: You have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Correction: You have the right to correct any of your personal information we hold that is inaccurate.
- Erasure: In certain circumstances, you have the right to delete the personal information we hold about you.
- Restriction of processing to storage only: You have the right to require us to stop processing the personal information we hold about you, other than for storage purposes, in certain circumstances.
- Objection: You have the right to object to our processing of your personal information.
- Objection to marketing: You can object to marketing at any time by opting-out using the unsubscribe/ opt-out function displayed in our communications to you.
- Withdrawal of consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent at any time by emailing us at [email protected].
Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public interests or where we are required by law to retain your personal information.
To exercise any of these rights, you can contact [email protected]. We will respond to requests to exercise these rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances).
UNITED STATES PRIVACY RIGHTS
Depending on where you live and subject to certain exceptions, you may have some or all of the following rights:
- Right to Know: You have the right to request that we disclose to you the personal information we collect, use, or disclose, and information about our data practices. If you are a resident of California, this includes the right to ask that we provide you with a copy of the following for the prior 12 months:
- categories of and specific pieces of personal information we have collected about you;
- categories of sources from which we collect personal information;
- the business of commercial purposes for collecting personal information;
- categories of third parties to whom the personal information was disclosed for a business purpose; and
- categories of personal information disclosed about you for a business purpose.
- Right to Request Correction: You have the right to request that we correct inaccurate personal information that we maintain about you.
- Right to Request Deletion: You have the right to request that we delete your personal information that we have collected from or about you.
- Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average consumer.
- Right to Restrict, Object, or Opt out of Sharing: You have the right to object or opt out of the sharing of personal information about you to third parties.
- Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.
Our Website may recognize certain opt-out preference signals transmitted by your browser, which will apply to the session in which such opt-out preference signal is received.
Under the US Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. If you use an authorized agent to submit a request, please note that we may need to collect additional information, such as a valid government-issued ID, to verify your identity before processing your request to protect your information and the integrity of our Products. In addition, where applicable, we will provide you with more information about our appeal process.
To exercise any of these rights, you can contact [email protected].
CALIFORNIA PRIVACY RIGHTS
This section applies only to California residents. It explains how we collect, use and disclose your Personal Information (as that term is defined in the California Consumer Privacy Act (“CCPA”)).
In the preceding 12 months, we collected and disclosed for a business purpose the following categories of personal information about California consumers:
Sensitive Personal Information
In the preceding 12 months, we collected and disclosed for a business purpose the following categories of sensitive personal information about you:
|Category||Examples||Categories of Recipients||Business or Commercial Purpose||Data Retention Period|
|Government Identifiers||Social Security Number||Tax and other government agencies.||For facilitating payments to you and for identification verification.||For so long as reasonably necessary for the disclosed purpose, including for so long as your account is open and as long as required thereafter to comply with any legal requirements.|
|Diversity Information||Your race or ethnicity, age, sex (including gender and sexual orientation), physical or mental disability, and veteran status.||Data analytics and advertising vendors and website hosting vendors.||To advertise your diversity and inclusion affiliations, with your consent.||For so long as reasonably necessary for the disclosed purpose, including for so long as your account is open and you have not withdrawn your consent.|
We retain Personal Information for so long as reasonably necessary for the business or commercial purposes discussed above, as determined by us in accordance with the category of information, the business or commercial purposes, and applicable law.
Selling of Personal Information
In the preceding 12 months, we have not sold personal information about California consumers.
Sharing of Personal Information
In the preceding 12 months, we have shared to third parties the following categories of personal information about California consumers:
|Category||Categories of Recipients||Business or Commercial Purpose for Sharing|
|Identifiers||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
|Personal information categories listed in the California Customer Records statute||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
|Commercial information||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
|Internet or other similar network activity||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
|Geolocation data||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
|Inferences drawn from other personal information||Business clients and data analytics and advertising vendors||Providing measurement, analytics, advertising and other business services|
SHARING FOR DIRECT MARKETING PURPOSES
California law permits users in California to request certain details about how their “personal information” (as defined in California Civil Code Section 1798.83) is shared with third parties for direct marketing purposes. We may from time to time elect to share certain “personal information” about you with third parties for those third parties’ direct marketing purposes. California users may, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year.
To make such a request, please contact us using the information listed below. Please note that we are only required to respond to one request per California resident each year.
Third Party Links
If you have complaints about how we process your personal information, you may contact us at [email protected] and we will respond to your request as soon as possible.
If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the EEA country in which you live or work or where you think we have infringed data protection laws, or with the UK Information Commissioner’s Office, as applicable to you.
You can contact us at 6023 Innovation Way, Carlsbad, California 92009, United States.
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