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Privacy Policy

Last Revised 7/10/2014

Your privacy is important us. Our Privacy Policy covers how we collect, use, share, and store your information. Please take a moment to familiarize yourself with our privacy practices and procedures. If you have any questions, contact us at rf-info@rfactr.com.

This Privacy Policy informs you of our policies, practices and procedures regarding information we collect from users of our various platforms, products, software, services, applications and websites (our “Services”). This Privacy Policy applies to the information that we collect and process when using our Services and otherwise in the course of your interactions with us, including when using our SocialPort™ Platform and related products (the “Platform”), our websites located at rfactr.com and socialports.com, which includes all subdomains, present and future (the “Website”), and any mobile or other applications that we make available from time to time (the “Applications”).  This Privacy Policy covers the treatment of Personal Information and other non-personal information gathered by us when you are using our Services or contacting us.

For the purposes of this Privacy Policy, the terms “we,” “us” and “our” refer to rFactr, Inc. (“rFactr”), and our Affiliates. Where this Privacy Policy refers to “rFactr” or “SocialPort™”, it may refer to our Services or to rFactr, Inc. depending on the context. “You” and “your” refers to you, as user of our Services or a visitor to our Website, as applicable.

By using our Services, you agree to be bound our current Privacy Policy. We may update our Privacy Policy from time to time at our discretion. The current version of the Privacy Policy is available at http://rfactr.com/privacy-policy. You should check this Privacy Policy periodically for changes. We will notify you of material changes to the Privacy Policy that, at our sole discretion, may materially impact your use of the Services or the treatment of your Personal Information. We may notify you by placing a prominent notice on our Website, by updating this Privacy Policy, or by other reasonable means at our discretion. Your use of our Services following posting or notification of any changes constitutes your acceptance of those changes.

Social Media Platforms, Third-Party Applications and Connected Services

This Privacy Policy does not apply to the practices of any third-party social media platforms or other similar services that you may choose to connect to, authorize, associate with, or access through our Services (the “Social Media Platforms”) or to any other applications or services developed by third-parties that we do not own or control. Our Services may contain links to other third-party websites, products, and services. Information collected by Social Media Platforms or other third-party services that are beyond our control are governed by their respective privacy practices and policies. We encourage you to visit those platforms and services and review their respective privacy policies in order to learn about their information and privacy practices directly before connecting to or using such services.

Information We Collect

Generally, we collect Profile Information about our users to create and maintain individual user accounts and we automatically collect information about the use of our Services.  We collect information about user interactions with certain Social Media Platforms and third-party applications supported by our Services. We collect email addresses of those who communicate with us via email and contact information of users that communicate through other channels.

Personal information or personally identifiable information is data that uniquely identifies or that can be used to uniquely identify or contact a single person (“Personal Information”). In the course of using our Services, you may provide us with Personal Information directly and we may collect, generate or compile information and other data from your use of the Services that may be personally associated with you. We may collect Personal Information anytime you are in contact with us, through the Services or otherwise. We may also combine or associate Personal Information with other non-identifiable information to provide and improve our Services. To the extent permitted by applicable law, your consent to the collection, use and disclosure of your Personal Information may be expressed verbally, in writing or electronically, or implied by using our Services.

User Accounts and Personal Profile

To enable and authorize use of our Services, our Customers must provide authorized email addresses and other Personal Information on behalf of our users to initially create a Personal Profile, which is necessary and required to enable individual user accounts for their employees, contractors, agents and other authorized personnel to access the Services. For the purpose of this Policy, “Customer” may mean you or any other individual, company, employer, organization or other legal entity, including our partners and resellers, that authorizes your use of our Services on their behalf and that is subject to separate and distinct Subscription Agreement or other similar licensing agreement authorizing your use of our Services as an end user.

The Personal Information we collect for your Personal Profile includes, but is not limited to, your email address, your name, a profile picture, your title and subtitle with our Customer, along with other optional preferences. We will also create a unique rFactr ID, which is associated with your Personal Profile and your user of our Services. You and/or our Customer may access, review, update, or correct your Personal Profile information and preferences at any time. Personal Information may also include information you otherwise choose to supply to us concerning your preferences and interests expressed in the course of using our Services, particularly optional services and programs.

Social Media Content

Our Services may collect and process information, including Personal Information, which users create, provide, generate, or grant us access to, after giving their explicit consent to connect their respective Social Media Platform accounts to our Services. The information collected and processed may include information about individual user content and interactions created or processed on or through our Systems, including on or through their respective authorized Social Media Platforms. Information collected about such interactions may include, without limitation, the content of any posts, comments, messages, or other similar user generated content created or initiated by the users of our Services, including related metadata related to such content interactions, as well as similar information about corresponding and responsive events and activities like posts, comments, messages, shares, forwards, likes/dislikes, ratings or other similar actions made available to us from or through connected Social Medial Platforms  (“Social Media Content”). Social Media Content is used to enable our Customers to facilitate and monitor social media interactions and other similar activity of its authorized users.  We use the Social Media Content solely in order to provide our Services to you and the Customer authorizing your access and use of our Services.

When a user connects, authorized or associates a Social Media Platform account to our Services, we request and subsequently store a user access token for each such account. This will only occur after the user grants us expressed permission to do so. Our Services are then able to write, contribute or publish content created, generated or made available on or through our Services to that user’s connected accounts when the Services are explicitly instructed, directed or authorized to do so by the user and may access content, connection information and other interactions from those same accounts relating to such written or published content. Our Services may access and store information provided and made available via APIs by each connected Social Media Platform account about user’s interactions and connections within those accounts, including when authorized users create, generate or share content using our Service that are then published to the authorized Social Media Platform accounts or when users take actions within those connected accounts using our Services. If a user’s rFactr account is deactivated or disconnected the user access tokens will be removed from our Services and our Services will have no further access to such accounts. If a user revokes his or her authorization or disconnects any Social Media Platform through our Services, Personal Information associated with the revoked Social Media Platform account will be removed from our Services as described in this Privacy Policy.

MONITORING: OUR SERVICES MONITOR USER CONTENT CONTRIBUTED TO SUPPORTED AND AUTHORIZED SOCIAL MEDIA PLATFORMS IN ACCORDANCE WITH THE TERMS OF OUR LICENSE AGREEMENT WITH OUR CUSTOMERS AND OUR END USERS. OUR SERVICES PROVIDES SUPERVISION CAPABILITY FOR EACH CUSTOMER TO REPORT ON USER CONTRIBUTED CONTENT AND INTERACTIONS AND TO REVIEW CONTENT POSTED BY THEIR AUTHORIZED USERS WHO HAVE CONNECTED AND AUTHORIZED THEIR INDIVIDUAL ACCOUNTS THROUGH OUR SERVICES.

Collection and Use of Non-Personal Information

We also collect non-personal information, data in a form that does not permit direct association with any specific individual. We collect and aggregate non-personal information regarding user activity and interactions with our Services. Aggregated data is used to help us provide more useful information to our Customers and understand and improve our Services. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. We collect non-personal information so that we can better understand Customer and user behavior and improve our Services and marketing and advertising programs. We may collect, use, transfer, and disclose non-personal information for any purpose. If we combine or associate non-personal information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined or associated.

Automatically Collected Information

We automatically collect some information about you when your use our Services. For example, we will collect session data and information about your interactions and activity while using our Services. This automatically collected information is used to help us understand the interests of our users and to customize and enhance your user experience.

Our Services, Website, Platform, Applications, email messages, marketing programs and advertisements may use “cookies” and other technologies. These technologies help us better understand user behavior, tell us which parts of our Services people have used or visited, and facilitate and measure the effectiveness of our marketing and advertising programs. We use this information to understand and analyze trends, to administer our Services to learn about user behavior, and to gather important demographic information about our user base as a whole. We may use this information in our marketing and advertising programs.

We treat information collected by cookies and other technologies as non-personal information. However, to the extent that information collected by cookies and other technologies, including Internet Protocol (IP) addresses or similar identifiers, contain or are associated with Personal Information or are considered Personal Information by applicable, we treat such information and identifiers as Personal Information. To the extent that non-personal information is combined or associated with Personal Information, we treat the combined or associated information as Personal Information for the purposes of this Privacy Policy.

Logged Files

When you use our Services, our servers automatically record information that your browser or device sends whenever you interact with our Services and store it in log files. This information may include, but is not limited to, your computer or device’s Internet Protocol (IP) addresses, browser type and language, Internet Service Provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data or information you search for on our Website. To the extent that IP addresses or similar identifiers are considered Personal Information by applicable law, we also treat these identifiers as Personal Information.

Location-Based Services

To provide location-based Services we may collect, use, and share precise location data, including the real-time geographic location of your computer or other device. This location data is collected anonymously in a form that does not personally identify you and may be used by us and our partners and licensees to provide and improve our location-based products and services. Location data will only be collected when you opt-in to, purchase location services or otherwise consent to such collection. Some location-based Services that we may offer may require your Personal Information for the feature to work.  To the extent that location data is combined or associated with Personal Information, we treat the combined or associated information as Personal Information for the purposes of this Privacy Policy.

Email Links

In some of our email messages, we may use a “click-through URL” linked to content on our Website or within our Services. When you click one of these URLs, you may pass through a separate web server before arriving at the destination page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Web Beacons

A “Web Beacon” (also known as clear gifs, pixel tags or Web bugs) is a small (often invisible) graphic image or other web programming code embedded in a web page or email. We use Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors, to monitor how users navigate our Services and to count how many e-mails sent were actually opened. This helps us measure the effectiveness of our content and other offerings and to analyze, improve, optimize reduce or eliminate messaging.

Cookies

We use tracking technology (“cookies”) as part of our Services and a unique rFactr user ID to help us recognize you across our different Services. Generally, cookies are small text files, often including an anonymous unique identifier, which are sent to your browser or device from Websites and application servers and then stored on your device. By using our Services or visiting our Website you agree to the use of cookies in your browser and HTML-based emails. We use Cookies to track use of our Services and to improve your user experience. Modern Internet browsers allow you to control your cookie settings. These settings are usually accessed in the ‘Options’ or ‘Preferences’ section of your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie. If you do not accept cookies, however, you may not be able to use all of our Services. For further information about cookies and how to manage them, please visit www.allaboutcookies.org.

Session and Persistent Cookies

Our Services use “session cookies”, which improve your user experience by storing certain information from your current visit on your device, such as log-in information. Session cookies enable us to remember your log-in session so you can move easily within and use our Services and are required for us to be able to provide our Services to you. Our session cookies have limited functionalities and expirations, and you will be required to re-enter your log-in information after a certain period of time to protect you and your account from unauthorized access. Our Services may use “persistent cookies” or “tracking cookies” for user authentication, faster and more convenient access to and navigation of our Services, to store user preferences and to customize our Services for our users.

Third-Party Cookies

Although our Sites currently do not display ads from third-parties, we may work with network advertisers, ad agencies, third-party traffic measurement services and other vendors to provide us with information regarding traffic on our Sites and through our Services, to serve our advertisements on other websites, within third-party applications, and across the Internet, and to provide us with information regarding the use of our Services and the effectiveness of our advertisements. In connection with providing analytics and advertisement services, our service providers may collect certain information about your visits to our Sites or other websites. We do not share Personal Information with these service providers, but they may set and access their own tracking technologies on your computer or device (including cookies and web beacons) and may otherwise collect or have access to information about you. Cookies and web beacons, including those set by third-party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third-party advertising companies, analytics providers and other vendors for similar purposes. While we may use a variety of service providers to perform advertising and analytics services, you may wish to visit the Network Advertising Initiative (“NAI”), which provides information regarding this practice by NAI members, including the “opt-out” procedures for NAI members.

Google Analytics

We use a tool called “Google Analytics” a web analytics service provided by Google, Inc. (“Google”) to collect information about the use of our Services. Google Analytics uses “cookies” and the information generated by the cookie about your use of the Services (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google Analytics collects information such as how often our users use our Services, what pages or features they visit or use when they do so, and what other sites they used prior to coming to our using our Services. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on activity for website and application operators and providing other services relating to activity and internet usage. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return use of our Services by disabling or refusing the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our Services.

We use the information we get from Google Analytics only to improve our Services. Google Analytics collects only the IP address assigned to you on the date you use our Services, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with Personal Information. By using our Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You may opt-out of Google’s advertising tracking cookie or use a browser plugin to opt-out of all Google Analytics tracking software

Other Non-Personal Application and Mobile Application Data

We collect additional information through Applications that cannot be used to personally identify you (“Non-Personal Application Data”). Non-Personal Application Data ordinarily includes aggregate, summary, or other anonymous data. We also collect information about your device when you use our Applications, particularly our Mobile Applications, including the manufacturer of your device, the device model, the operating system used, the version of the application, and the International Mobile Equipment Identity (IMEI) number. We also collect Non-Personal Application Data from your device such as screen usage data in aggregated form to improve our Applications and Services.

How We Use Information

Generally, Personal Information we collect and process is used to improve the content, performance and quality of our Services and to contact users.

Personal Information is or may be used for the following purposes:  (i) to keep you posted on the latest announcements, updates, and news about our Services; (ii) to develop, deliver, provide and improve our Services; (iii) to administer your use of our Services; (iv) to enable you to enjoy and easily navigate our Services; (v) to better understand your needs and interests; (vi) to entertain and fulfill requests you may make; (vii) to personalize and customize your experience; (viii) for internal purposes such as auditing, data analysis, and research; (ix) to administer marketing programs like newsletters, sweepstakes, contests or similar promotions that you may sign-up for or enter; (x) to send important communications and notices about our Services, such as transactional email and notifications about changes to our terms, conditions, and policies and because this information is important to your interaction with us, you may not necessarily opt-out of receiving these communications; (xi) to provide you with further information and offers from us or third-parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third-parties. If you decide at any time that you no longer wish to receive any promotional materials or similar communications, please follow the “unsubscribe” instructions provided in any of the communications sent to you or update your preferences as available.

We also use non-personal information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies and other technologies) for the above purposes and in order to monitor and analyze use of our Services, for the technical administration of the Services, to increase the Services functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and use behavior of our users, and to verify that visitors to the Website meet the criteria required to process their requests.

Information Sharing and Disclosure

At times we may make certain Personal Information available to strategic partners that work with us to provide products and services, or that help us market to our prospective customers. Personal information will only be shared by us to provide or improve our Services and for our own internal marketing and advertising programs or as described in this Privacy Policy. Except as provided as follows and otherwise in this Privacy Policy, rFactr will not share Personal Information with third-parties without your consent.  We do not share your information with third-parties for the third-parties’ own and independent direct marketing or advertising purposes unless we receive your permission.

Your Company

As otherwise described herein, your Personal Information may be shared with the Customer that authorizes your use of our Services on their behalf (“your Company”) as necessary and required to provide our Services to you and your Company.

Service Providers, Business Partners and Others

We may share Personal Information with companies, business partners and individuals who provide services to facilitate our Services, to provide the services on our behalf, to perform related services (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services features) or to assist us in analyzing how the Services are used. These third-parties have access to your Personal Information only for purposes of performing these tasks on our behalf, are obligated to protect your information and may be located wherever we operate.

It may be necessary for us to disclose your Personal Information. We may disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate or as required by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence.

We may also disclose information about you, including Personal Information, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect you, our operations or users, including to protect the property and rights of rFactr or a third-party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

We may also disclose information about you, including Personal Information, to a parent company, subsidiaries, joint ventures, or other companies under common control with rFactr. We may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with or in anticipation of a corporate event, including a merger, acquisition, sale of stock, recapitalization, reorganization or sale of assets or in the event of bankruptcy (in which case we will require such receiving entity to assume our obligations under this Privacy Policy or to inform you that you are covered by a new privacy policy)

Notwithstanding anything in the Privacy Policy to the contrary, we may share any information we have collected about you or that you have submitted, if you expressly or explicitly instruct, direct, authorized, or consent to the disclosure of such information to a third-party, including when connecting to a third-party service, such as a Social Media Platforms or other networks and channels, that ask you if you consent to such sharing.

Notwithstanding anything in the Privacy Policy to the contrary, we may share information if it is not private, is aggregated or is otherwise non-personal information, such as your publically available information and related public data or the number or nature of user interactions with our Services.

Email Preferences

We will use email as the primary mode of communications with you. You may not opt-out from receiving certain important communications and notices about our Services, such as transactional email and notifications about changes to our terms, conditions, and policies, because such information is required for your continued use of our Services. Otherwise, if you decide at any time that you no longer wish to receive non-transactional messages from us, you may follow the “unsubscribe” instructions provided in any such communication or adjust your email preferences in your account settings as available.

Accessing Your Own Personal Information and Retention

You may obtain information about the Personal Information held about you by us. You may access, review, update, or correct the Personal Information provided in your Personal Profile at any time. We will make good faith efforts to provide you with access to your Personal Information as requested. You may access your Personal Information that we control and request that we correct or update any information that may be obsolete, incomplete or incorrect. We may need to validate your identity in order to implement such a request to ensure that we do not provide your information to anyone who does not have the right to that information. In some cases, we will not be able to provide the information we hold about you if it contains reference to other persons; except where those persons have given their consent to the disclosure or the disclosure is reasonable without their consent or it is subject to privilege recognized under applicable law.

At your request, we will remove or disassociate your Personal Information if we are not required to retain it by law or for legitimate business purposes related to our Series. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort or would unreasonably interfere with the provision of our Services, jeopardize the privacy of others, are extremely impractical, or for which access, correction or deletion is not otherwise required by local law. Access, correction, or deletion requests can be made to rf-info@rfactr.com.

Personal Information will be retained for a period of time after you terminate your account and/or cease using our Services, and may be archived from time to time, where retention is necessary or required for our legitimate business purposes or required by applicable law. Otherwise, we will retain your Personal Information for the period necessary or required to provide our Services and to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

rFactr acts as a conduit between our users and certain supported Social Media Platforms and third-party applications. Some content published via our Services will no longer be within our care, custody or control after publication on any Social Media Platform. Any content that has been shared by you through any Social Media Platforms or third-Party applications via the Services may continue to be available to third-parties and the public at large, as this content is now under the control of the operators of those Social Medial Platforms and/or the third-party applications.

To request access to your Personal Information or to file a privacy request, please contact us at rf-info@rfactr.com.

International Users and Transfer of Information

rFactr is based in the United States and by using our Services or otherwise providing your Personal Information to us, your Personal Data will be transferred to and processed in the United States. Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you are not a resident of the United States, you understand and agree that we my transfer, store and process your information to, from, on and between computers located in the United States and others outside the United States, and by providing any data or information to us, you consent to the transfer, storage and processing of such information to and in the United States and the application of the laws of the United States.

“Safe Harbor” is a program that provides a way for US businesses to demonstrate that they provide adequate protection for Personal Information transferred to it according to certain international data protection standards. While rFactr itself is not presently Safe Harbor certified by the US Department of Commerce, rFactr believes in and aligns itself with principles of the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland and the transfer and other processing of personal data transferred from the European Economic Area (“EEA”) or Switzerland to the United States (the “Principles”). Further information on Safe Harbor and the Principles is available from the US Department of Commerce’s website at see http://export.gov/safeharbor/.

Data Storage and Location

rFactr uses third-party vendors and hosting partners to provide hardware, software, networking, storage, support or related technology required to provide our Services. Your information may be accessible by such third-party vendors for the purpose of enabling them to store such data in connection with the permitted uses of your information under this Privacy Policy. Our third-party service providers have an obligation to maintain the confidentiality of the information, except where disclosure is required by law, or as otherwise described in the Privacy Policy.

Protection of Personal Information and Security

To make sure your Personal Information is secure we communicate our privacy and security guidelines to our employees, representatives, service providers and strategic partners and strictly enforce privacy safeguards within and across our company. We employ industry best practices to keep Personal Information collected or transmitted through our Services secure. We maintain commercial reasonable controls to protect against unauthorized review and use of Personal Information, including electronic safeguards such as security protocols, encryption, software and firewalls. In addition, we use qualified third-party vendors to provide the necessary hardware, software, hosting, networking, storage, and related technology required to provide our Services. These vendors utilize similar industry standard physical, electronic and technological security measures and are obligated to protect your information. Except as otherwise described herein, access to Personal Information is restricted to our authorized employees only.

Submission of information over the Internet or through any network is never entirely secure and we cannot ensure or warrant the security of the information you transmit to us, and you do so at your own risk.

California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request certain details about what Personal Information a company shares with third-parties for the third-parties’ direct marketing purposes. We do not share your Personal Information with third-parties for their own direct marketing purposes unless we receive your permission. If you are a California resident and would like to make such a request, please submit your request in writing to: 222 South Church Street, Suite 401, Charlotte, NC 28202.

Children

Our Services are not directed to anyone under 18 years of age. The minimum age (“Minimum Age”) to use our Services may mean different ages in different countries, depending on where the user accesses the services. The Services are not designed nor intended for use by children or anyone under the age of 13. We do not knowingly collect Personal Information from children under 13 or the Minimum Age. If we become aware that a child under 13 or the Minimum Age has provided us with Personal Information, we will take steps to delete the information as soon as possible. For reference, Minimum Age means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for us to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. If a parent or guardian becomes aware that his or her child or anyone under the Minimum Age has provided us with Personal Information without their consent, please contact us at: rf-info@rfactr.com.

Questions and Contacting Us

If you have any questions or concerns about this Privacy Policy or access, correcting, or removing your information, please contact us at:

rf-info@rfactr.com

222 South Church Street, Suite 401

Charlotte, NC 28202