Terms of Use and Privacy Policy

Last Updated: December, 2019

EFFECTIVE: 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/single-tap-terms.html/#rights.

1. INTRODUCTION

This terms of use and privacy policy (“Policy”) governs our data practices in connection with your use of AppSpotlight, AppStack or TopApps widgets (“Widget”) on your mobile device. Widget is a proprietary application/widget/software/feature of the InMobi group (“we”, “us”, “our”).
This policy describes (i) the types of information we may collect when you access, and/or use the features of the Widget; (ii) how we use that information, and the purposes for which we collect it; and (iii) and how we disclose such information.

2. DESCRIPTION

As a pre-loaded feature/widget within your device, Widget helps you to discover new applications without having to search for them and provides you with the easy option to download your desired applications. Certain Widget features may have the capability to enable you to download applications without redirecting you to Google Play Store.

Please note that, while Widget facilitates the downloading of applications, each application installed will have its own terms and permissions for use of data (just as any other Android application workflow) and these terms will be displayed through the Widget. We, therefore, urge you to carefully read and familiarize yourself with the same. Pursuant to your interaction with such third party application(s) after downloading/installing the same, you may elect to provide certain data to them or they may collect your data from your use of such application. Further, applications installed may, on its own discretion or as per settings on your device or permissions provided, choose to upgrade itself. Content/ product/ services of the third party applications are not under our control, therefore, Widget shall not in any way be responsible for your use of the same or such application’s use of your data.

Widget may also be upgraded for maintaining service compatibility, providing security, fixing security bugs or offering new features. We have no obligation to offer any technical support during such scenarios.

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, as and when made available. Please note that such carrier//device manufacturers 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 WIDGET OBTAIN AND HOW IS IT USED?

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

Personal information does not include aggregate or anonymous information. Your information that Widget may collect and use are as follows: IP Address, location information, Google Ad ID, Android ID, MEID, Application inventory (list of applications installed on the device and information on usage of such applications), carrier customer or subscriber ID. We may also receive information associated with a subscriber ID, so, we urge you to consult your carrier’s advertising programs for options regarding participation in such programs. We may use your information to tailor the suite of application suggestions that Widget displays and is based on the applications already in use or are otherwise relevant to you. We may also use your information to create audience segments for the benefit of our advertising partners and/or show you advertising content tailored to your interest. We do not infer location information from Wi-Fi identifiers where the location access permission is turned off.

Some of these data sets may be considered to be personal information in certain jurisdictions, in which case, we ensure compliance with applicable privacy laws 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.

4. WITH WHOM DO WE SHARE INFORMATION?

We may share your information with third parties for the purposes set out under Section 2 in the ways that are described in this Policy. We may disclose your information:

● as required by law, such as to comply with a subpoena, or similar legal process;

● when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and

● with our trusted service providers, advertising or business partners and affiliates including developers of other widgets on device, who have agreed to adhere to the principles set forth in this Policy and provide for adequate technical measures in accordance with applicable privacy laws including directives of regulatory bodies. Some of these activities may be construed to be “selling” under relevant privacy laws which apply to you and provides you with the option to opt-out. Please note that this Policy clearly indicates the categories of data collected and the purposes of use. Please see Section 8 to see your opt-out options.

5. HOW DO WE KEEP INFORMATION SECURE?

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.

6. HOW LONG DO WE RETAIN INFORMATION?

We will retain your data for as long as you use the Widget and for a reasonable time thereafter in aggregate format, as necessary for internal analytical purposes, to comply with legal obligations, resolve disputes and enforce agreements. If you’d like us to delete the information we have collected about you through your device, please contact us at apps-dsr@inmobi.com.

7. PRIVACY OF CHILDREN

Widget is meant for general audience and is not targeted towards users below sixteen (16) years of age in the United States, therefore, we do not knowingly request access to collect or process personal information of any such user or “children” as such term is defined under the Children's Online Privacy Protection Act (COPPA). We do not obtain the age of a user and do not use the Widget to knowingly collect or solicit data from or market to children under the age of sixteen (16) in the United States or any other jurisdiction with similar age gating privacy laws subject to the same. 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 apps-dsr@inmobi.com. We will promptly delete or anonymize such information from our files.

8. MANAGING YOUR INFORMATION AND OPTING OUT OF WIDGET

Following are the mechanisms which will help you manage your information processing:

You may uninstall the application, using the standard uninstall process available on your Android device. The default flow is as follows: Settings > Apps > Specific Widget > Uninstall.

To opt out of the collection and use of information by our advertising partners across different applications to serve ads that are targeted to your interest(s), 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). We fully adhere to this ‘Do not track’ signal from the operating system.

A standard navigation to this setting (in Android) is the following: Settings > Google > Ads > “reset advertising ID” or “opt out of ads personalization”.

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 Digital Advertising Alliance, please visit aboutads.info.

In the event you have uninstalled the application and want us to stop using your User Provided Information, please submit a thorough description at apps-dsr@inmobi.com and we will respond to your request in a reasonable period of time.
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 Widget.”
You can find your Google Ad Id by navigating your phone: Settings > Google > Ads > (Your advertising ID).
Additional rights for users based out of State of California (in the United States) effective from January 2020:
You can exercise certain data subject rights such as request to access/correct/delete/anonymize your data, or to opt out of sale of your data, collected by us in the last 12 months, by writing to us at apps-dsr@inmobi.com.
California residents may submit a request by following this link: California Resident to exercise their California Consumer Privacy Act rights.

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.

9. CHANGES TO THIS PRIVACY POLICY

We may amend this Policy at any time. The amended Policy will be displayed on our site. If we make any material changes, we will notify you by means of a notice on this site prior to the change becoming effective. Please check our Policy regularly to ensure you have read the latest version.

10. YOUR CONSENT

By accessing or using the Widget, you are consenting to our Processing of your information as set forth in this Privacy Policy. "Processing,” means, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information. Please also see Section 8.

11. TERMS OF USE

(i) License: We are providing Widget solely for the purpose of allowing you to avail the benefits of Widget as described under section 2 for the purpose of discovering new applications (“Permitted Purpose”). You are NOT allowed to use Widget 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 into the terms and conditions set forth in this Policy. You must not access Widget if you are a person who is either barred or otherwise legally prohibited from using Widget under the laws of the country in which you are resident or from which you access or use Widget. You acknowledge that Widget 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 Widget belong to us or our licensors and that you have no rights in, or to, Widget 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 Widget 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 Widget or attempt to do any such thing or infringe upon our intellectual property rights.

(iii) Liability: IN NO EVENT WILL WE OR OUR 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 WIDGET, 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 WE AND/OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE AND/OR OUR PARENT OR AFFILIATES’ AND/OR LICENSORS LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF FIVE 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 THE STATE OF CALIFORNIA AND THE PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS IN SAN FRANCISCO.

12. CONTACT US

If you have any questions regarding privacy while using the Widget, or have questions about our practices, please submit a thorough description at apps-dsr@inmobi.com.