Terms of use and Privacy Policy

LAST UPDATED DECEMBER 2019

EFFECTIVE FROM JANUARY 2020

Interest-Based Ads disclosure: We may collect information from your use of the app that we may share with our partners to deliver personalized ads, and improve our services. This data may be associated with other data collected from your visits over time and across different applications and websites to provide you with relevant and useful advertising. Click here to modify your privacy rights: https://pinsightmedia.com/metro-terms.html/#rights.

1. Introduction

This term of use privacy policy (“Policy”) governs our data practices in connection with your use of the Metro AppStore application (the “Application”) on your mobile device, a proprietary application of the InMobi group (collectively referred to as “we”, “us” or “our”).

This Policy describes (i) the types of information we may collect or that you may provide when you install, download, subscribe to, access, and/or use the features of the Application including when any advertisement or survey is displayed by the Application and/or as part of your interaction with such advertisement; (ii) how we use that information, and the purposes for which we collect it; and (iii) and how we disclose such information to third-parties.

Your device’s carrier service provider or device manufacturer may also collect, process, store your information and we urge you to refer the privacy policy of such third-party carriers/device manufacturers for more detail. Please note that such carrier/device manufacturers may levy charges towards internet usage during download/installation of the Application, for which you will be solely responsible.

2. Description

Metro AppStore is a paid app, preloaded on MetroPCS mobile devices, that provides you with suggestions of other mobile applications and redirects you to Google Play Store when you click on the suggested application to download.

Please note that, while Application facilitates the downloading of other mobile applications, each application installed will have its own terms and permissions for use of data (just as any other Android application workflow). We, therefore, urge you to carefully read and familiarize yourself with the same. We shall not in anyway be responsible for such application’s use of your data. Further, applications installed may, on its own discretion, choose to upgrade itself. Our Application may also be upgraded for maintaining service compatibility, providing security, fixing security bugs or offering new features. Pinsight has no obligation to offer any technical support during such scenarios. You acknowledge that the content/product/services of the other mobile applications are not under our control and your use of the same is pursuant to your election, therefore, we assume no responsibility for the same.

The carrier may also collect, process, store your information and we urge you to refer the privacy policy of the third-party carriers for more details, as and when made available. Please note that carrier may levy charges towards internet usage during download/ installation of the applications. You are solely responsible for checking with your carrier the cost of such service.

3. What information does the Application collect?

We are committed to respecting and protecting your privacy rights. Our Application may collect certain personal or non-personal information about you in various ways as further set out in this Policy.

User Provided Information – The Application obtains the information you provide when you download/install/launch and/or use/interact with the Application. We may ask that you provide:

(a) transaction-related information, such as when you make purchases, respond to any offers, or download or use other applications from or through the Application;

(b) information you provide us when you contact us for help and support; and

We may use the information you provided us to contact you from time to time to provide you with important information, updates and required notices.

Application Collected Information - In addition, the Application may in its operation collect certain information, such as:

1. Information about your device, including:

· Device type(e.g., make and model)

· Screen size

· Operating system (e.g., iOS, Android, Windows, Blackberry)

· Mobile browser used (e.g., Chrome, Safari, Firefox)

· Language settings and time zone

2. Device identifiers. Device identifiers are alphanumeric strings that are unique to your device. These include:

· Google Advertising ID (GAID), or Android ID for Android devices

3. Location information, where permitted, including:

· Location information we infer based on data collected through a WiFi identifier that your device is connected to, in accordance with applicable law and provided location access is permitted

· Location information we infer from your device’s IP address

4. Network information, including

· Mobile carrier

· Network provider or ISP

· Network type (e.g., WiFi or cellular)

· IP address

· IDs of WiFi access points to which your device is connected

· Date and time of connection

5. Advertisement information. We collect information about the ad presented on your device, including:

· The content type of the ad (the advertiser and category, e.g. games, finance, entertainment, news)

· The ad type (e.g. whether the ad is a text, image, video or other format based)

· Where the ad is being served (e.g. the site, digital media or app on which the ad appears)

· Whether you viewed, clicked or otherwise interacted with the ad

Some of these data sets may be considered to be personal information or personal data, in which case, we ensure compliance with the privacy laws (in force) in our collection, processing or use of the same, to the extent applicable in such jurisdictions including certain data subject rights that you may enjoy under such applicable laws. We do not collect sensitive information such as biometric data, sexual preference, physical or mental health information, political opinions, religious beliefs, credit card and other banking related information, etc. Personal information does not include aggregate or anonymous information.

4. How do we use your information?

The information we collect helps us to improve our services, conduct attribution, fraud detection and to deliver a better personalized experience which may include interest-based advertising customized to individuals’ interests, preferences and locations and to perform analysis aimed at improving your user experience. We may use the information to:

(a) Provide you with the Application features and its contents and suggestions;

(b) Provide advertisements, surveys and/or promotional content that may be of interest to you or to run advertising campaigns;

5. Does the Application collect precise real time location information of the device?

Yes, Application does collect information about the location of your device. We collect location information using network triangulation and Wi-Fi IP address to determine your general device location. We do not infer location information from Wi-Fi identifiers where the location access permission is turned off.

You may at any time opt-out from further allowing the Application to have access to your location data. Please see Section 7 “What are my privacy rights?” below.

6. Do third parties see and/or have access to information obtained by the Application?

Yes, we may share your information with third parties in the ways that are described in this Policy:

· Disclosures to protect us or others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity;

· Advertising networks and Analytics companies. We may share your information with brands, advertisers and analytics companies to allow them to understand the performance of their campaigns; and to help them better target their campaigns, products or offerings;

· Service Providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; fraud detection, information and services; payment processors; customer service provider; in relation to any contracts including with respect to billing, collection, disputes;

· Affiliates. We may share personal information with our affiliates for their business purposes including data analytics, audiences, insights, content management and targeted advertising (subject to adherence to any legal or regulatory directives); and

· Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

7. Automatic Data Collection and Advertising

We may use tools or third-party analytical software to collect and use certain user data. These data sets help us in improving our services to ensure they are more tailored to your interest.

We may also use Cookies or pixels (or mobile cookies/pixels)/ Web Beacons for automatic information collection. These are a small file(s) placed on your smart device. These permit the Application, for example, to count users who have visited those pages or for other related statistics (for example, recording the popularity of certain application content and verifying system and server integrity). It may be possible to exercise the choice to accept mobile cookies by activating the appropriate setting on your smart device. However, if you select this setting you may be unable to access certain features of the Application. Please see Section 7 “What are my privacy rights?” below.

We reserve the right to use and disclose the collected data in an anonymized and aggregated manner for the business purposes of our partners. We do not pass any information such as your name, phone number or email address to other ad networks or advertisers.

We may work with attribution partners and analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We also work with advertisers and third-party advertising companies, advertisers, ad networks, ad servers that collect information about how you interact with advertising and content provided in the Application, which helps us keep the cost of the Application free. Advertisers and advertising companies use some of the information collected by the Application, including the advertising identifier assigned to your mobile device to serve advertisements that are targeted to your interests in the Application. To learn how to opt out of the use of information collected from this Application including third party use, for targeted advertising purposes, please see the Section 7, “What are my privacy rights?”, below. If you have allowed us to collect information about your location by enabling the location option of your device, we may share it with our ad network partners in order to tailor the ads we display. We typically do not show advertising in the paid versions of the Application. If you have questions or concerns about this, please contact privacy@onelouder.com with a copy to apps-dsr@inmobi.com.

Our customers, partners or vendors (including without limitation advertising companies, advertisers, ad networks, device manufacturers or carriers or telecom partners issuing smart devices, other application developers, data enrichment partners etc.) may disclose to us certain personal or non-personal information they have separately collected about you so that we can effectively provide our services. They do this in accordance with their own specific privacy policies and subject to their own applicable legal requirements and, we will treat such information in accordance with the privacy policies of such third-parties. in addition to this policy, subject to the terms of the former. We do not use the information they provide to us for any purpose other than for providing or improving our services.

8. What are my privacy rights?

There are multiple options for users of this Application:

a) Opt-out of all information collection by uninstalling the Application – You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. The default flow is as follows: Settings > Apps > Application > Uninstall.

In the event you have uninstalled the application and want us to stop using your User Provided Information, please submit a thorough description at privacy@onelouder.com with a copy to apps-dsr@inmobi.com, and we will respond to your request in a reasonable period of time. We only retain User Provided Information as described in our Retention Policy (see Section 11) below. Please follow this guideline in your email:

Subject - “Opt-out”

Body: (Include your google_adid/ google_aid/ google advertising id, along with optional: android_id, MEID.) “in relation to Application.”

You can find your Google Ad Id by navigating your phone: Settings > Google > Ads > (Your advertising ID).

b) Opt-out of Interest based advertising: To opt out of the use of information collected by our advertising partners across different applications to serve ads that are targeted to your interests, please consult the settings available on your device (“Opt out of interest-based ads” on your Android device or “Limit Ad Tracking” on your iPhone or iPad). To learn more about interest-based advertising based on web browsing activity and to opt out of advertising based on your web browsing activities by companies that participate in the DAA, please visit http://www.aboutads.info/

c) Opt-out of Tracking Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent or use your settings to disable certain features or opt out of targeted advertising etc. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Application may then be inaccessible or not function properly.

d) Additional rights for users based out of State of California (in the United States) effective the later of (i)January 2020 or (ii) the date on which California Consumer Privacy Act (CCPA) comes in effect:

· You have a right to exercise certain data subject rights such as request to access/ correct/ delete/ anonymize your data, collected by us in the last 12 months, by writing to us at privacy@onelouder.com with a copy to apps-dsr@inmobi.com.

· California residents may submit a request by following this link: California Resident to exercise their California Consumer Privacy Act rights.

e) To the extent the privacy laws applicable to our processing of your personal data, provides certain data subject/ consumer rights to you such as election to opt-out of sale of your data, please reach out to apps-dsr@inmobi.com

The Application assumes no responsibility for any third-party landing pages you access or your direct interaction with any third party advertisers even if you engage with any specific advertisement or survey campaign displayed through the Application; we recommend that you review the privacy policies of such third parties that you elect to interact with. Certain third parties may provide you with ways to choose not to have your information collected or used by them. You can opt out of receiving certain targeted ads by visiting the third parties’ websites; however, please note that these links may not reach all of our advertising partners and certain advertising may still be displayed to you.

9. Privacy of Children

The Application is meant for general audience and is not targeted towards children as such term is defined under applicable privacy laws, such as users below thirteen years under Children's Online Privacy Protection Act (COPPA) and sixteen (16) years of age under California Consumer Privacy Act (CCPA) (when it becomes effective). Therefore, we do not knowingly request access to, collect or process personal information of any such user. We do not use the Application to knowingly collect or solicit data from or market to children. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@onelouder.comwith a copy to apps-dsr@inmobi.com. We comply with and will take all required measures to comply with the age gating requirements to the extent required by applicable privacy laws in force.

10. Security

We use reasonable technical and organizational measures to protect the information we collect about you in compliance with its legal and privacy requirements and contractual obligations. We also seek appropriate contractual protection from our partners and service providers regarding their collection, use or treatment of user data.

11. Data Retention Policy

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 36 months and thereafter may store it in aggregate, as necessary for internal analytical purposes, to comply with legal obligations, resolve disputes and enforce agreements. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at privacy@onelouder.com with a copy to apps-dsr@inmobi.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

12. Change to this Privacy Policy

This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes.

13. Your Consent

By installing, downloading, subscribing to, accessing or using the Application, you are consenting to our Processing of User Provided and Automatically Collection information as set forth in this Policy now and as amended by us. "Processing,” means using cookies on a computer/ handheld/ smart device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information. By using the Application and providing information to us, you consent to the Processing and transfer of your information within and outside of the US, subject to applicable privacy laws and regulatory directives.

14. Terms of Use

(i) License: We are providing Application solely for the purpose of allowing you to avail of or enjoy the benefits of Application as described under clause 2 for the purpose of discovering new applications (“Permitted Purpose”). You are NOT allowed to use Application for any other purposes, including distribution (either for profit or otherwise) as a stand-alone product, or as part of a compilation or anthology, or for supporting your business or customers. You affirm that you are either more than 13 years of age, or if you are a minor, possess legal parental or guardian consent, and are fully able and competent to enter the terms and conditions set forth in this Policy. You must not access Application if you are a person who is either barred or otherwise legally prohibited from using Application under the laws of the country in which you are resident or from which you access or use Application. You acknowledge that Application is provided AS-IS, with all faults, without any warranties as such, including warranties related to performance, merchantability, statutory warranties, non-infringement, fitness for purpose etc. and may contain certain open-source software which may be governed by their independent terms and for which we are not responsible.

(ii) Ownership: You acknowledge that all intellectual property rights in Application belong to us or our licensors and that you have no rights in, or to, Application other than the right to use for the Permitted Purpose. In consideration of you agreeing to these terms, we grant you a non-sub-licensable, non-transferable, non-exclusive license to use the Application solely for the Permitted Purpose. We expressly reserve all other rights. You agree not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Application or attempt to do any such thing or infringe upon our intellectual property rights.

(iii) Liability: IN NO EVENT WILL PINSIGHT OR ITS PARENT OR AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS POLICY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT PINSIGHT AND/OR IT’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PINSIGHT AND/OR ITS PARENT OR AFFILIATES’ AND/OR LICENSORS LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF ONE HUNDRED DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW. THIS POLICY AND ALL DISPUTES ARISING HEREUNDER SHALL BE GOVERNED BY THE LAWS OF STATE OF CALIFORNIA AND THE PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS IN SAN FRANCISCO.

15. Contact Us – If you have any questions regarding privacy while using the Application, or have questions about our practices, please submit a thorough description at privacy@onelouder.com with a copy to apps-dsr@inmobi.com.