Privacy Policy
Effective Date: December 29, 2022
InMarket Media, LLC (“InMarket,” “we,” “us,” or “our”) is committed to honoring the privacy rights and respecting the privacy decisions of individuals. We believe you deserve to understand and make choices about how your data is collected, used and shared.
This Privacy Policy explains how InMarket collects, uses, and may sell or disclose personal information that we receive about you when you use our Services. Our “Services” means our mobile applications, third party mobile applications that incorporate our software development kit (“SDK”), our advertising platform (including our demand side platform), our technology, our websites, and our related services. As of the date of this Privacy Policy, InMarket owns and operates mobile and web-based applications called CheckPoints, ListEase, Key Ring, Unflation, and Out of Milk (the “InMarket Applications”). This list is subject to change. “Third Party Partners” are companies who integrate with or use our Services, such as advertisers (our “customers”), digital marketers, data companies, and publishers who integrate our Services into their mobile applications. We require our Third Party Partners to comply with all applicable laws and regulations, including applicable privacy laws.
InMarket is a proud member of the Network Advertising Initiative (NAI). We are committed to the core NAI values of notice and choice in advertising and we adhere to the NAI Code of Conduct. We also adhere to the Digital Advertising Alliance Codes that apply to our business.
We partner with third party advertising companies to manage our advertising on the InMarket Applications. Because we enable these third parties on the InMarket Applications, we may be considered to have sold data to these third parties over the past 12 months. Our Third Party Partners may use cookies, hashed identifiers, or similar technologies in order to provide you with relevant advertising based upon your browsing activities and interests. This practice is sometimes referred to as personalized, targeted or interest-based advertising. If you wish to opt out of interest-based advertising from those partners, click here.
1. Sources of Personal Information Collected
Information from You
You may provide information manually while using our Services, for example, by typing your name and email address or by using a social profile to register for or update an account in one of the InMarket Applications. Some InMarket Applications invite you to link to your banking or payment card accounts and your retail shopping accounts (such as your online store user account or a store loyalty account). We also collect personal information when you communicate with us for support or any other reason or when you register for a promotion.
Information from our Services
Our Services may collect personal information through the InMarket Applications, our Third Party Partners’ mobile applications, and our websites. Our Services and our Third Party Partners may also collect data using technology such as cookies, ad tags, and pixels. Web beacons are invisibly embedded electronic images and are about the size of the period at the end of this sentence. We use cookies to store this type of information when we serve ads onto Internet browsers. For more information about cookies and web beacons, please visit: http://www.allaboutcookies.org/cookies/. Some of our partners send us information directly via a “server to server” file instead of using web technologies like cookies, web beacons or pixels. We also collect mobile advertising identifiers (IDFA for Apple devices or AAID for Android devices), third party proprietary identifiers, ad exposure information such as URL, site name, creative, publisher, and channel, precise geolocation information, session information, operating system, internet protocol address (IP address), hashed email address and device model. All of these technologies help us to deliver relevant ads, provide ad measurement and reporting, and to generate market insights.
Information from Third Party Sources
We may also collect information about you and your device from third party sources including public databases, social media platforms, data append services, third party marketing partners, data brokers, and others. The information we collect from third party sources may include categories such as demographic information and commercial information. We combine this third party data with the personal information that we have collected.
2. Categories of Personal Information Collected
InMarket collects, and has collected in the past 12 months, the following categories of personal information:
(a) personal identifiers (for example, your name (either first, last or both), email address, postal address, zip code, phone number, mobile advertising identifier, IP address, and cookie ID);
(b) protected information under the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), (for example, your first and last name, or financial information);
(c) protected class characteristics (for example, gender);
(d) commercial information (for example, records of purchases made, records of purchases considered, consuming histories and tendencies, purchase transaction receipts, shopping lists). When you connect your bank account to an InMarket Application, we will collect your purchase transaction details including vendor category, date, amount, merchant name, merchant description and personal finance category, merchant name. When you connect your retail accounts (such as an online store user account or retail store loyalty account) to your Unflation application, we will receive full access to the accounts you link. InMarket will not use this access to make purchases or change items in your shopping cart. We will collect item-level purchase data each day, including the item names and details, date, quantity, price and transaction total using your account info and other store data;
(e) internet activity information (for example, information regarding your interactions with a website, mobile application or advertisement, device operating system, browser type‚ referring website, the pages viewed on the website or application, and the application name and version, social profile data);
(f) precise geolocation, which is a category of “Sensitive Personal Information” under the California Consumer Privacy Act of 2018, as modified by the Consumer Privacy Rights Act of 2020 (CCPA as defined below), and is a category of “Sensitive Data” under the Virginia Consumer Data Protection Act (VCDPA as defined below);
(g) inferences drawn from personal information to create a consumer profile (for example, profiles regarding consumer preferences, behavior, or interests); and
(h) Certain information we collect, or inferences we may make, may reveal racial or ethnic origin, religious or philosophical beliefs, or sexual orientation, which may be “Sensitive Data” under the VCDPA and “Sensitive Personal Information” under the CCPA.
3. How We Use Personal Information
While we do not use all the personal information we collect for each purposes below, we may use information for business purposes related to:
Your Account. To create and update your account in the InMarket Applications, our business records, and rewards programs.
Communication. To communicate with you about our Services and our offerings.
Business Operations and Continuous Improvement. For business operational needs like accounting, verifying advertisement performance, and other record keeping. We also use it to improve our Services, consider new opportunities in the marketplace, and make improvements to our operations and products.
Advertising.To help our customers deliver more relevant advertising to you, including when you use our Services, in mobile applications, on websites, or across your devices, and to fulfill advertising orders or share consumer insights and attributes, audience segments, and related information with our customers. We use precise geolocation information such as lat/long coordinates collected via mobile applications operated by InMarket or Third Party Partners to help our customers deliver relevant advertisements to consumers, including when you use our Services, provide ad measurement and reporting, and generate consumer and market insights.
Consumer Attributes. To generate insights regarding consumer attributes (for example, “Fast Food Eater” or “Pet Owner”) based on inferences from data we collect. We combine the data we collect with third party data sets that provide additional attributes.
Audience Segments. To create audience segments for interest-based advertising/targeting. We use some of the personal information we collect to create standard audience segments related to health and wellness interests; you can review a list of our standard health and wellness audience segments here. We also create custom health and wellness audience segments for specific customers; you can review a sample of our custom audience segments in this category here.
Analytics and Market Reports. To perform analytics and produce market research reports based on aggregated data.
Security. To protect, defend or investigate potential violations of the Terms of Use for our websites, the InMarket Applications, or third party applications that integrate our Services. We may also use such information to protect privacy, security, safety, rights, property, and to prevent fraud.
Legal Compliance. We may use and disclose personal information that we collect to comply with any applicable law or regulation. We also use the personal information we collect to comply with legal process, including subpoenas and search warrants.
4. Opt-out of Ad Targeting – Your Choice Mechanisms
InMarket offers consumers the ability to opt-out of our use of your information to serve personalized ads to you across devices, mobile applications, and websites. If you don’t want the information we collect used for the purpose of serving you such personalized ads, we offer a number of choice mechanisms. Please note that none of our choice mechanisms will opt you out of all advertising. You will continue to receive generic ads but they won’t be targeted by us and we will remove opted out browsers or devices from our ad targeting system. Your opt-out choice will be applied only to the browser or device that has opted out.
(a) Mobile OS Opt-Out. We honor the mobile device settings for Android and Apple iOS devices. To exercise this opt-out, please visit the privacy settings of your Android or iOS device and select “limit ad tracking” (Apple iOS) or “opt-out of interest based ads” (Android). For devices where we see that such a selection has been made, we will not use information collected from that device to deliver re-targeted advertising.
(b) Mobile Location Choices. If you’d like to adjust your setting regarding the use of precise geolocation information by third parties such as InMarket, you may do so via the privacy settings on your device. This can either be done globally across all apps by turning off Location Services, or for specific apps. Mobile applications that collect precise geolocation information typically offer mechanisms in the operating system settings to control the collection and use of precise geolocation information. Please note that these choice mechanisms won’t impact previously collected precise geolocation information.
(c) Connected TV/Over the Top Streaming (“CTV/OTT”). InMarket does not collect data through CTV/OTT streaming devices, but some data we collect may be used to target ads on CTV/OTT devices. You may limit ad tracking on many CTV/OTT devices; your device manufacturer may provide instructions for updating ad tracking settings. The NAI provides additional information on opting out on CTV/OTT devices and instructions for updating privacy preferences of many such devices at Connected TV Choices.
(d) Hashed Personally Identifiable Information. Consumers who wish to opt out of the use of hashed PII for interest-based advertising should visit the Digital Advertising Alliance’s AdChoices token opt-out page to submit a request.
5. Notice of Financial Incentives
InMarket offers financial incentives to consumers in exchange for the consumer sharing certain personal information with us through websites and mobile applications we own, such as CheckPoints.
In the CheckPoints mobile application, consumers can earn points redeemable in a rewards program in exchange for various activities such as sharing precise geolocation information (for example, by visiting a retail location), scanning product barcodes in a retail location, sharing purchase records, taking surveys, and sharing personal information such as name and email address. The specific instructions for how to participate and the rewards offered as incentives in each mobile application may vary and are set out within each mobile application. Additional voluntary incentive opportunities may be presented from time to time in the InMarket Applications.
We collect and use the information we obtain through the InMarket Applications to further our business in accordance with our Privacy Policy. We offer an incentive to consumers who provide us with information through the InMarket Applications because it allows us to gain insights into consumer trends and habits. We value the information a consumer provides us through the InMarket Applications as equal to the value of the reward that we provide for sharing the information. InMarket receives a nominal fee for certain completed surveys in the CheckPoints mobile application, which is the basis upon which we value this CheckPoints survey information. Regarding the rest of the data for which we offer an incentive in the InMarket Applications, one consumer’s data has nominal value to us because in large data sets that also include data collected without incentive, the utility and value of the set is only nominally enhanced by the inclusion of one additional entry.
To participate in any of these incentive-based offers you can opt-in by intentionally sharing the required information through the InMarket Applications.
You can opt-out of participation in any of our incentive-based offers at any time. If you wish to opt-out, stop submitting additional information and please submit a “Do Not Sell My Personal Information” request or a “Delete My Personal Information” request as described below this Privacy Policy. You may also delete the mobile application.
6. Sale of Personal Information
According to the definitions and terms included in the California Consumer Privacy Act of 2018 and other California state privacy laws and regulations (we collectively call these laws the “CCPA”), in the past 12 months InMarket has sold its Third Party Partners some consumer personal information that falls within these categories:
(a) personal identifiers;
(b) protected personal information under the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
(c) protected class characteristics;
(d) commercial information;
(e) internet activity information;
(f) geolocation data/precise geolocation information; and
(g) inferences drawn from personal information to create a consumer profile.
7. Disclosure of Personal Information
According to the definitions and terms included in the CCPA, in the past 12 months, InMarket has disclosed for business purposes some consumer personal information that falls within these categories:
(a) personal identifiers, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of auditing compliance with advertising specifications and agreements; detecting security issues; logging and debugging errors; performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; and activities to improve and enhance InMarket’s services;
(b) protected personal information under the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of auditing compliance with advertising specifications and agreements; detecting security issues; logging and debugging errors; performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; and activities to improve and enhance InMarket’s services;
(c) protected class characteristics, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services;
(d) commercial information, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; and activities to improve and enhance InMarket’s services;
(e) internet activity information, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of auditing compliance with advertising specifications and agreements; detecting security issues; logging and debugging errors; performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; and activities to improve and enhance InMarket’s services;
(f) precise geolocation information, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of auditing compliance with advertising specifications and agreements; detecting security issues; logging and debugging errors; performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; activities to improve and enhance InMarket’s services; and
(g) inferences drawn from personal information to create a consumer profile, which we disclosed to some customers, customers’ vendors, Third Party Partners, and our vendors and service providers for the purpose of auditing compliance with advertising specifications and agreements; performing services for InMarket, including storing records, transaction fulfillment, processing payments, advertising and marketing services, analytics services, and related services; internal research for technological development; activities to improve and enhance InMarket’s services.
8. Other Sale or Disclosure
We may sell or disclose information about you to: (i) comply with any applicable law, regulation, subpoena, governmental request or legal process; (ii) protect, defend or investigate potential violations of the Terms of Use for our websites, the InMarket Applications, or any third party applications that integrate our Services; (iii) protect the safety, rights, property, or security of InMarket or any third party; and (iv) detect, prevent or address fraud, security or technical issues. Such disclosures may occur without additional notice to you.
We may disclose, sell or otherwise transfer personal information to our subsidiaries and affiliates and in connection with a potential or actual corporate merger, consolidation, restructuring, sale of our business or assets, or any other corporate change.
9. Minors and Children
Our Services are intended for general adult audiences and are not intended for children. We do not knowingly collect, store, or sell the personal information of children who are under 16 years of age. If you believe we have collected such information, please contact us immediately at [email protected].
10. California Residents: CCPA Rights and Requests
If you are a California resident, California state law also provides specific rights regarding our use of your personal information. Our Privacy Policy is intended to comply with CCPA. Any terms defined in the CCPA have the same meaning in this Privacy Policy.
CCPA: Right to Know
You have the right to request the categories and the specific pieces of your personal information that we have collected about you in the past 12 months and the sources of such information. You may also request to know how we used your personal information, the categories of information we disclosed or sold and the categories of third parties to which we disclosed or sold it. This right is subject to certain exceptions. To submit a request please email us at [email protected], or call us toll-free at 1 (888) 506-4042. We may take additional steps to verify your identity before sharing personal information in response to a request.
CCPA: Right to Delete
You have the right to request that we delete your personal information, subject to certain exceptions. To submit a request to delete your personal information, you may complete this Delete My Personal Information form or email us at [email protected].
CCPA: Right to Opt-Out of the Sale or Sharing of Personal Information
California Consumers have the right to opt-out of our sale or sharing of their personal information under the CCPA. InMarket voluntarily provides opt-out rights to any consumer that wishes, regardless of their state of residence. To opt-out, you may complete this Do Not Sell or Share My Personal Information form, click on the “Do Not Sell or Share My Personal Information” link provided on our websites and in our applications, or email us at [email protected]. Alternatively, scroll up to the Section of this Privacy Policy entitled “Opt Out of Ad Targeting – Your Choice Mechanisms” for additional opt-out mechanisms you may choose.
CCPA: Right to Correct Inaccurate Personal Information
You have the right to correct any inaccuracies in your personal information. Please email us at [email protected] and indicate you are a California resident who wishes to correct your personal information, and provide a written explanation, together with supporting evidence as applicable, setting out (1) what inaccurate information InMarket possesses, and (2) the corrected version of this information.
CCPA: Verifiable Consumer Requests
Please submit any requests under the California rights through the means described above. For certain requests, we may need you to provide additional information to verify your request, such as providing additional personal information so that we can verify your identity. We will not use such information for any purpose besides handling your request. You may designate an authorized agent to make a request on your behalf in certain circumstances. The designation must be in writing and your agent must be registered with the California Secretary of State.
We strive to complete all consumer requests within 45 days of receipt. If we require additional time (up to 45 additional days) we will advise you of our need for an extension within the first 45 days.
Business to Business Contacts
InMarket collects personal information as part of its business to business operations, including sales and marketing efforts and communications with current and prospective customers, vendors, agencies, service providers and others. This personal information includes names, business email addresses, phone numbers, mailing addresses, employer and job title. InMarket does not sell such personal information but we may use it for marketing or promotional materials and share it with third parties for this purpose. If you wish to exercise your rights under the CCPA, please call us toll-free at 1 (888) 506-4042, email your request to [email protected], or complete the relevant form: Business Contacts – Delete My Personal Information or Business Contacts – Opt-Out of Sharing My Personal Information
11. Virginia Residents: Virginia Consumer Data Protection Act (VCDPA) Rights and Requests
Virginia state law provides specific rights regarding our use of your personal data. Our Privacy Policy is intended to comply with VCDPA. Any terms defined in the VCDPA have the same meaning in this Privacy Policy.
VCDPA: Right to Access
You have the right to request the categories and the specific pieces of your personal data that we have collected about you. This right is subject to certain exceptions. To submit a request please email us at [email protected], or call us toll-free at 1 (888) 506-4042. Please indicate that you are a Virginia resident making a “Virginia Consumer Data Protection Act access request” in your communication with us. We may take additional steps to verify your identity before sharing personal data in response to a request.
VCDPA: Right to Delete
You have the right to request that we delete your personal data, subject to any applicable exceptions. To submit a request to delete your personal data, you may complete this Delete My Personal Information form or email us at [email protected].
VCDPA: Right to Correct
You have the right to request that we correct inaccuracies in the personal data that we have collected from you. We will respond to such requests in accordance with our obligations under the VCDPA. Please email us at [email protected] to request a correction to your personal data.
VCDPA: Right to Opt-Out of Profiling and Targeted Advertising
Virginia consumers have the right to opt-out of profiling and targeted advertising under the VCDPA. InMarket voluntarily provides opt-out rights to any consumer that wishes, regardless of their state of residence. To opt-out, you may complete this Do Not Sell or Share My Personal Information form, click on the “Do Not Sell or Share My Personal Information” link provided on our websites and in our applications, or email us with your request at [email protected]. Alternatively, scroll up to the Section of this Privacy Policy entitled “Opt Out of Ad Targeting – Your Choice Mechanisms” for additional opt-out mechanisms you may choose.
Verification: For certain requests, we may need you to provide additional information to verify your request, such as providing additional personal data so that we can verify your identity.
Appealing Rejected Requests: If, for any reason, your request is rejected, you will receive a notification with the details of reason for rejection and instructions about how to appeal the decision to reject. Any appeal must be submitted within 15 days of receipt of the rejection notice. We will respond to you within 60 days of your appeal submission.
12. Other Consumer Requests
If you are not a California resident, you may submit privacy requests to [email protected]. Please include your name, your email address, your device’s mobile advertising identifier, your state of residence, and the nature of your request. InMarket will comply with its legal obligations with respect to consumer requests. With the exception of requests to opt-out which are governed by the NAI Codes and which we grant to all consumers who request them, requests that are not based on a consumer’s legal rights will be reviewed and may be granted at InMarket’s sole discretion. Granting any such request does not waive InMarket’s rights under applicable law, applicable terms of use, or this Privacy Policy.
13. Marketing Communications
You have the opportunity to opt-in to marketing communications. You can opt-out of our email lists by following the unsubscribe link included at the bottom of such emails. Depending on our relationship, we may still send you transactional messages, including information about changes to our policies and other important notices. Generally, users cannot opt-out of these communications, but they are informational, not promotional.
This Privacy Policy contains many options for ensuring your privacy. With regard to web browser Do Not Track (DNT) signals, InMarket does not currently monitor or respond to such signals.
14. Data Security and Retention
We incorporate commercially reasonable physical, electronic, and administrative security and safeguards to protect the information we collect. No security system is impenetrable, and we do not guarantee the security of any information. We do not retain personal information for more than 5 years unless it is associated with an active user account. Aggregated reports not containing personal information may be retained beyond 5 years.
15. CCPA: Additional California Residents Notice
CCPA gives California residents additional rights. This section specifically supplements both the general provisions and the CCPA-specific provisions included throughout this Privacy Policy.
Right to Nondiscrimination
We will not discriminate against you for exercising any of your CCPA rights.
Shine the Light
California Civil Code Section 1798.83 permits California residents to make a request, once a year, for information regarding the disclosure of their personal information to third parties for those third parties’ direct marketing purposes. Please send such requests by email to [email protected].
16. Canadian Residents: Access to Personal Information
Subject to applicable law, Canadian residents have the right to access, update and correct inaccuracies in their personal information in our custody and control. You may request access, updates and corrections of inaccuracies to your personal information in our custody or control by emailing or calling us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of individuals seeking access to personal information records.
17. Modifications
We reserve the right to change this Privacy Policy at any time. If we make any material changes, we will notify you by placing a prominent notice on our website and/or via the InMarket Applications. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your subsequent use of our website, the InMarket Applications, or any third party mobile application that integrates our Services indicates your consent to the Privacy Policy posted at the time of use.
18. Contact Us
If you would like more information or have questions about this Privacy Policy or how we or our service providers treat your personal information, or to submit a request to exercise your rights under applicable laws, please contact us at [email protected] or at 1 (888) 506-4042.