Privacy Policy

Updated January 15, 2013

Welcome to Mixberry Media Inc., (“Company” or “Mixberry”) is a business-to-business site targeted to Advertisers, Advertising Agencies, and Publishers. Mixberry Media’s ad network serves short audio ads (Up to 30 seconds) and companion banner ads intended to fill-in idle time in digital audio and streaming music sites. We enable advertisers to utilize complex targeting parameters and serve ads on-demand, in real-time. The security of the limited personal information you provide to us is important to us. This Privacy Policy provides information on how we collect, use, disclose, manage, and store the limited personal information that you voluntarily provide us and any such information that is collected passively through the use of cookies or image tags on our website. This Privacy Policy applies only to the Personal Information collected by this Site and is in addition to the Site’s Terms of Use Agreement, which is binding on all Site users. This Site does not collect personally identifiably information (“Personal Information”) from the general public or consumers, therefore certain U.S. and international privacy and consumer protection laws may not be applicable.

Introduction
At Mixberry, we recognize that privacy is important. This Privacy Policy applies to all of the services (“Services”) offered by Mixberry on www.mixberrymedia.com (“Websites”). Mixberry has created this Privacy Policy to explain and summarize how we collect, use and protect your personal information as you interact with us online through the Services. Mixberry reserves the right to change this Privacy Policy at any time by posting a new privacy policy on the Website. Therefore, you are responsible for periodically checking the Privacy Policy for changes. By using the Services, you indicate your agreement to and acceptance of the terms of this Privacy Policy, and consent to the collection, retention and use of your personally identifiable information consistent with this Privacy Policy, as amended from time to time. Your use of the Services is governed at all times by the Mixberry website Terms of Service available at http://www.mixberrymedia.com.

Information We Collect and How We Use It
In order to provide our full range of services, we may collect the following types of information:

  • Information you provide
    When you sign up for an account through the Services or other Mixberry service or promotion that requires registration, we ask you for personal information (such as your name, address, email, etc.). We may combine the information you submit under your account with information from other Mixberry services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt-out of combining such information. To opt out, users would simply send an email to optout@mixberrymedia.com. Upon receiving such an email, Mixberry will send a confirmation email to the email address specified in the registration process for that user. The user should reply using the same email address with the word confirmed.
  • Online Transactions
    If we offer you the opportunity to purchase products or services online and you choose to purchase such products or services, including purchase of advertising services, you may be asked to share personal information in addition to the information provided to create a user account in order to complete a transaction. In addition, you may be asked for information needed to complete your order, contact you to confirm the order, and provide related customer service. This information is used, for example, to effect your transactions, to create and share aggregate reports about these transactions, and to perform credit fraud screening services for transactions between you and Mixberry and/or our authorized service providers.
  • Cookies
    When you use the Services, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s mobile phone or computer tied to information about the user such as the user name and the encrypted password. We use session ID cookies to confirm that users are logged in. By default, we use a persistent cookie that stores your session ID to make it easier for you to login when you come back to the Services. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case Mixberry may not be able to provide those services to you.
  • Log Information
    When you access the Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
  • User Communications
    When you send email or other communications to Mixberry, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
  • Public and Shared Areas
    Any information and other content (such as written works, pictures or videos) disclosed in public areas of the Services will become public information. We cannot control the use of information and other content disclosed in public forums, such as bulletin boards, news groups, communication facilities and chat rooms, nor can we control information and other content disclosed through shared sites or pages. You should exercise caution when disclosing information and other content in public or shared areas and should refrain from disclosing your personal information. Please remember that any information or other content that is disclosed in these areas, including your name becomes available to others and you should exercise caution when deciding to disclose your personal information. Mixberry WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE.
  • Affiliated and Other Web Services or Websites
    We offer some of our Services in connection with other web services and websites. Personal information that you provide to those web services or websites may be sent to Mixberry in order to deliver the Service. We process such information in accordance with this Privacy Policy. This Privacy Policy applies to Mixberry Services only. The use of cookies by third parties is not covered by our privacy statement. The affiliated web services and websites may have different privacy practices. We do not exercise control over the web services accessible through the Services or websites displayed as search results or links from within our various Services. These other websites and third parties use session ID cookies to make it easier for you to navigate our site and may place their own cookies or other files on your computer, collect data or solicit personal information from you, and we encourage you to read their privacy policies as they govern how your information is collected and stored by or through such websites.
  • Advertisements
    Advertisements that appear through the Services are sometimes delivered (or “served”) directly to users by third party advertisers. Such third parties automatically receive your IP address when this happens. These third party advertisers may also download cookies to your mobile phone or computer (“Internet Access Device”, or use other technologies such as JavaScript and “web beacons / web bugs” (also known as “1×1 gifs” or “clear gifs”) to measure the effectiveness of their ads and to personalize advertising content. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Doing this allows the advertising network to recognize your Internet Access Device each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your Internet Access Device or browser saw their advertisements and determine which advertisements are clicked. We do not tie the information gathered by clear gifs or cookies to our customers’ personally identifiable information. Mixberry does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on the Services unless you choose to share it with them. This Privacy Policy covers the use of cookies by Mixberry and does not cover the use of cookies or other tracking technologies by any of its advertisers.
  • Links
    Mixberry may present links in a format that enables us to track whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising. For more information about links and redirected URLs, please see our FAQs.
  • Use of Information
    Mixberry only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include: providing our Services to users, including the delivery of customized content and advertising; performing audits, research, and analysis to maintain, protect and improve our services; ensuring the technical functioning of our network; and developing new services.
  • International Aspects
    Mixberry processes personal information on our servers in the United States of America and/or in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own Services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners. These Services are hosted on the cloud at Amazon.com and is intended for International visitors. If you are visiting from European Union or other regions with laws governing data collection and use that may differ from the United States’ laws, please note that you are transferring your personal data to the United States of America and by providing your personal data you consent to that transfer. When you provide personal data to Mixberry or our service providers or vendors, you consent to the processing of your data in the United States as the Website is operated in the United States.

Choices for Personal Information
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different from the purpose for which it was collected, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt-out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy or in the supplementary service privacy notices, unless we have obtained your prior consent. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, and by means of a notice on our home page.

  • Children
    Mixberry does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, you should not attempt to register for the Services or send information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to, in or on the Services. If a child under 13 submits information through any part of the Services without verification of parental consent, and we learn the person submitting the information is a child or such consent has not been verified, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any personal information from children under 13, we do not use or disclose such information to third parties. If you believe that Mixberry may have any information about a child under 13, please contact us at privacy@mixberrymedia.com.

Information Sharing
Mixberry only shares personal information with other companies or individuals outside of Mixberry in the following limited circumstances:

  • We do not share, sell, rent, or trade PII with third parties for their promotional purposes.
  • When we have your consent. We require opt-in consent for the sharing of any sensitive personal information. This step is performed when the user signs up and creates an account.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. Once an account has been set up with one of these third parties, their privacy policy would govern the use of that information.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Mixberry Application End User License Agreement or the Mixberry Website Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Mixberry, its users or the public as required or permitted by law.
  • If Mixberry becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.
  • We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.
  • We have the right to include user’s company name and/or web site address (publisher or advertisers) on Company’s web site, marketing or any other material.

Please contact us at the address below for any additional questions about the management or use of personal data.

Information Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. To protect your information as effectively as possible, all personal information is transmitted via encrypted message (Secured Socket Layer (SSL)).

Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Mixberry is not responsible for circumvention of any privacy settings or security measures contained on the Services.

We restrict access to personal information to Mixberry employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

If Mixberry learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. Mixberry may post a notice on our Website if a security breach occurs. If this happens, you will need a web browser enabling you to view the Website. Mixberry may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@mixberrymedia.com.

Purchase of Advertising Services
This Site provides the ability for Advertisers to purchase advertising campaigns. To process payment for such advertising, Advertisers will be requested to provide Sensitive Personal Information that includes credit card or other payment information. We do not store your Sensitive Personal Information. This information is used solely to perform the authorized transaction requested by the Advertiser using our secure billing service provider. For repeat transactions using the same Sensitive Personal Information, only a non-sensitive billing reference number is transferred to our secure billing service provider, without providing your Sensitive Personal Information again.

This Site requests Personal Information such as full name, billing address, email address and telephone number and any such information that is required to fulfill your order and to communicate with you regarding your order. All information collected from you is encrypted and collected though a secured Internet connection. We may use your Personal Information to contact you about future products, services and discounts.

Phishing
Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use spoofed e-mails to lead consumers to counterfeit websites designed to trick recipients into disclosing sensitive personal information such as credit card numbers, account usernames and passwords. WE WILL NEVER SEND ANY EMAIL ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at privacy@mixberrymedia.com, and then immediately delete it from your computer.

Data Integrity
Mixberry processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary. You understand and acknowledge that, even after removal, copies of your information may remain viewable in cashed or archived pages or if other users who you permitted to access your information have copied or stored your information. How You Can View, Change, or Remove Information When you use Mixberry services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. You may review or update your information by logging in to your account at any time. To delete your account, please contact us at optout@mixberrymedia.com. We reserve the right to deny access to any user if we believe there is a question about your identity.

Enforcement
Mixberry regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Mixberry’s treatment of personal information by contacting us at privacy@mixberrymedia.com or by writing to us at the address below. When we receive formal written complaints at this address, it is Mixberry’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Mixberry and an individual.

Changes to this Privacy Policy
If we decide to change our privacy policy, we will post those changes to this privacy statement at any places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our web site.

Comments or Questions
If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time at:

Mixberry Media Inc.
1860 El Camino Real, #221
Burlingame, CA 94010
United States
privacy@mixberrymedia.com