Privacy Policy

SUMMARY

At Mindspark, we respect your privacy, and we understand the importance of the information you entrust to us. This Privacy Policy describes the practices concerning the information collected by the Mindspark family of companies consisting of Mindspark Interactive Network, Inc. and IAC Search and Media Europe Limited (Mindspark, we, us and our) through the use of the (i) websites and applications (the MS Products) and (ii) our Search Applications made available by means of a search box on a MS Product or website from which you can access our search services.

Collectively, we refer to the MS Products and these Search Applications in this Privacy Policy as the MS Services.

Mindspark respects the privacy of users of the MS Services, and has developed this privacy policy (the Privacy Policy) to demonstrate our commitment to protecting your privacy. This Privacy Policy is intended to describe for you the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.We encourage you to read this Privacy Policy carefully. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us. Unless indicated otherwise MS Services are subject to our Terms of Service, this Privacy Policy, and for downloadable software (where applicable) the End User License Agreement. Certain MS Services may be subject to different privacy policies and/or terms of service as indicated on the sites from where those services are available and/ or accessed.

We have recently updated our policies and we are in the process of translating it into several languages. If you do not have an appropriate language option and you have any questions please contact us via the methods described below.

A. WHO WE ARE

If you reside in the EEA then the company that is responsible for your personal information is our Irish affiliate IAC Search and Media Europe Limited (SAM EU).

If you reside outside of the EEA then the company that is responsible for your personal information is Mindspark.

Both Mindspark and SAM EU are member of the IAC family of companies. We are committed to providing you with the best service as well as respecting your privacy ‑ if anything in this Privacy Policy is not clear then please contact us via the methods described below.

B. WHAT WE DO

We provide you with a range of services, including websites, browser extensions and search applications. All of these are designed to help you manage your browsing experience in a more customizable fashion. We provide further detail below about the MS Services.

SEARCH APPLICATIONS

The Search Applications provide features to facilitate Internet search services while using the MS Products. This search functionality may be implemented through browser settings and extensions. These set your browser homepage, start page, new tab page and/or default search setting(s), depending on which MS Product you are using and what options you select. We may provide you a way to decline or opt-out of the setting(s) change by unchecking the appropriate checkbox during the download and installation process for the relevant MS Product that provides access to the Search Applications

EXTENSIONS

The MS Products are browser extensions and websites that we offer to you. The extensions can be downloaded onto your browser and offer a range of functions, including allowing you to manage and convert your documents, managing your calendar and providing you access to other functionality across the internet. Some of these MS Products, such as Chrome new tab products, may be available through the online store operated by the browser developer (e.g., the Chrome web store) and the user disclosures and options may vary based on the store's requirements.

The search features (and other features such as maps, local radio and document management), may be customized by you on your device. In addition, you may be able to disable or remove the default search features by removing or disabling the applicable extension you downloaded or changing your default search within your browser. This will depend on your browser and its relevant features. Click here to go to our support page.

In some MS Products the Search Applications are provided by Ask, one of our sister companies within the IAC group of companies. This is provided under the Ask brand in which case the relevant Ask Privacy Policy applies. For more information on this please see their privacy policy here.

C. HOW WE COLLECT INFORMATION

We may collect information from you in a variety of different ways. This is information that may identify you, and anonymous information, such as the number of your page views, link clicks, and login times. Your information may be kept in an identifiable format, or in an aggregate format which means that you cannot reasonably be identified from it. We provide further detail on the type of info we collect, and how we collect it, below:

  1. Information You Provide To Us. We may collect and store any information you provide when using the MS Services or that you provide in some other manner. This information may include information such as:
    • Your name, email address, telephone number, username and password.
    • Information provided when you log-in to the MS Services via Facebook or any other social media site (you should review the privacy policy of Facebook or any other social media site through which you choose to log into certain MS Services)
    • We also collect and store information and other content you post to the MS Services, where such features are made available (e.g., MyScrapBook which allows you to centrally save items such as photos).
    • Further, in order to permit us to protect the quality of our products and services, we may to the extent permitted by applicable law access your account and records on a case by case basis to investigate complaints or other allegations.
  2. Automatically Captured Information. We automatically collect information from your computer and/or device when you use the MS Services. This allows us to assess how you have used the MS Services, the device you have used them on and helps us to analyse how we can optimize the MS Services for you in the future. This information may include:
    • Information about your hardware and software such as your IP address, your browser type and language and other browser-related information and a time-stamp.
    • Information about how you use the Search Applications such as the keyword query, search query text, search results clicked, pages viewed and search history.
    • The content of any of our undeleted cookies, including a unique identifier (see section D "Cookies" below), software installed upon and/or devices connected to your computer and/or device, and the referring website address.
  3. Other Technologies. We may use standard Internet technology, such as web beacons, cookies and other similar technologies, to track your use of the MS Services (see our cookies policy). Web beacons are small pieces of data that are embedded in images on the pages of sites. The information we obtain in this manner enables us to customize the services we offer as part of the MS Services for our users.
  4. Third-Parties And Behavioral Advertising.

    Third Parties:We may receive information from third-parties, including our authorized service providers, IAC affiliates, advertising companies, and ad networks. These third parties may display ads via the MS Services.These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements. (To learn more about cookies generally, please go to our Cookies policy.)We may also use this information to better understand you and your interests. This will allow us to improve and customize the MS Services.

    Please note, some of these third-party advertising companies may be members of the Network Advertising Initiative, or the Digital Advertising Alliance, each of which offers a single location to opt out of ad targeting from member companies.

    Behavioral Advertising. We work with various companies (such as advertisers, ad networks and data management platforms) to tailor online ads that you see elsewhere on the internet, including through behavioral advertising designed to target users' interests and deliver more relevant advertising.

    To provide such ads, these third parties may collect and/or we may disclose to these third parties a unique ID that may be associated with your device's platform or a device/internet browser combination

    We or these third parties may collect the following information (and similar information):

    • Demographic data collected on MS Services (e.g., age, zip or postal code, gender) and geographic location derived from your IP address on your visits to the MS Services and non-affiliated websites and applications;
    • Data about your use of or visits to the MS Services and non-affiliated websites and applications;
    • Data on your interaction with the advertisement displayed on third party websites and applications; and
    • Interest and usage data (such as the pages you view and links you click on) acquired from other companies.
    • We may disclose any or all of the collected information to third parties.
     

    We or these third parties may use the collected information to provide advertisements of interest to you on certain MS Services and non-affiliated websites and applications and for other purposes described in this privacy policy (such as to improve or customize our products). We have given you the option to opt-in or out of receiving ads tailored on the MS Services, and you can manage this settings in your Privacy Centre. If you tell us not to send you these types of ads by opting out, you may still see ads, but they will not be specifically tailored to you based on your activity on the MS Services.

    Our Privacy Centre gives you the option to opt out of receiving personalized ads on the MS Services, but if you want to learn more about online behavioral advertising and how to opt out in general then please go to www.aboutads.info/choiceswww.networkadvertising.org and/or www.youronlinechoices.com. Please note, if you do not allow us to collect information from you it may result in you being unable to use certain features of the MS Services including purchase products or services and participate in a contest, promotion, survey, or sweepstakes. Please see our Cookies policy for further information about our use of these technologies and how you can opt out of cookies

  5. Mobile:Please note that you cannot opt-out of ads on mobile apps via the site listed above. However, your mobile devices may offer settings that enable users to limit how mobile device ad tracking occurs, using unique device identifiers such as the Apple IDFA and Google Android Advertising ID. Some information about those settings may be reviewed for Apple here and for Android here.
  6. Do not track signals. MS Services systems are not configured to respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party Web sites or online services.

To process your information as described above, we rely on the following legal bases:

  • Provide you with the MS Services: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service, we use your information to provide you with a more customized and personal experience.
  • Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users behavior on our services to continuously improve our offerings, ensure it is bug free, and we process information for administrative, fraud detection and other legal purposes.
  • Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by either contacting us at the address provided at the end of this Privacy Policy or in certain instances in the options in your Privacy Centre.

D. COOKIES

We use cookies and similar technologies (such as local stored objects) to collect and store information when you interact with the MS Services, view our emails or view our ads. We, and certain third parties we work with e.g. ad networks and data management platforms, may also use these technologies to better target ads to you based on your online browsing activities. Please see our Cookies Policy for further information about our use of these technologies, and please see the above Section titled "Third-Parties And Behavioral Advertising" to learn more about how we use information to (and work with others that use information to) provide behavioral targeted advertising.

E. HOW WE USE THE INFORMATION WE COLLECT

We may use information that we collect about you to:

  • Deliver the MS Services to you;
  • Respond to your queries with the best possible answers and search results;
  • Provide you with customer support;
  • Perform research and analysis about your use of, or interest in, the MS Services, or products, services or content offered by others;
  • Communicate with you by e-mail, postal mail, display media and/or mobile devices about products or services that may be of interest to you either from us, our IAC affiliates or other third parties;
  • Enable us and our search and advertising partners to develop and display content and advertising tailored to your interests, when you use the MS Services, other websites and services, or mobile applications;
  • Verify your eligibility and deliver prizes in connection with contests and sweepstakes;
  • Enforce our terms and conditions;
  • Manage our business and protect the quality of the MS Services, which includes maintenance of the MS Services systems;
  • Investigate complaints, abuse or other allegations; and
  • Perform functions as otherwise described to you at the time of collection.

F. WITH WHOM WE SHARE YOUR INFORMATION

We share your information with others as indicated below:

  1. Authorized service providers: We may share your information with our authorized service providers that perform certain services on our behalf. These services may include:
    • providing customer service, technical and operational support, and email services;
    • marketing assistance, performing business and sales analysis, billing and payment processing (if we ever accept payments from our users),
    • supporting our MS Services functionality, and supporting contests, sweepstakes, surveys and other features offered through our MS Services, as well as when we have notified you, or you have requested, that we do so.
    These service providers may have access to information, which is needed to perform their functions and provide you with the MS Services.
  2. Advertisers and Ad Networks: As described above advertisers and ad networks, and other third parties may collect information themselves from the MS Services (or we may provide them with the information described above) for purposes of delivering relevant ads. This assists us in in advertising our services and also providing you with relevant ads based on your browsing interests.
  3. Business partners: When you engage in promotions offered through the MS Services, we may share information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
  4. Share with a friend/product specific features. We share information with your friends where you use the "share with the friend functionality" on some of our MS Services (for example you can use MyFunCards to send a customized e-card to your friends).
  5. Other Situations. We may disclose your information (i) in good faith compliance with a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, (ii) in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to comply with applicable law or cooperate with law enforcement; (v) to enforce our MS Services terms and conditions or other agreements or policies; and (vi) in connection with a substantial corporate transaction, such as the sale of our business or the MS Services (or a majority of the assets of either), a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In addition, we may share aggregated information we collect, under any of the above circumstances, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.

G. HOW LONG WE KEEP YOUR INFORMATION

We only keep your personal information as long as it is necessary for the purposes set out in this Privacy Policy including for legitimate business purposes and as permitted by applicable law. We will only use your information to the extent necessary to comply with our legal obligations, resolve any legal issues, enforce our agreements, and as otherwise described in this policy.

H. WHERE WE STORE YOUR INFORMATION

Information we collect, or permit third parties to collect may be transferred to, stored and processed outside your country of residence in any country or territory where one or more of our affiliated group companies, third party service providers or advertising companies or advertising networks are located or maintain facilities, including but not limited to the United States and Ireland.

When your information is moved from your home country to another country, we ensure that such a transfer is done legally. For users based in the EEA, we may rely on the Model Clauses a standard document created by the European Commission to facilitate data transfers while ensuring that safeguards are put in place for personal information. We do not participate in the EU-US Privacy Shield but we may rely on it to transfer personal information to some of our service providers based in the USA, provided they are certified to receive such personal information pursuant to the Privacy Shield. By using the MS Services you consent to the transfer of your personal information as described in this Privacy Policy.

I. THIRD-PARTY WEBSITES

There may be places in the MS Services where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy policy of all third-party websites you visit.

J. YOUR RIGHTS

Depending on your location you may have some or all of the following rights in relation to how we use your information:

  1. Access ‑ you may request access to your information and receive copies of it;
  2. Correction to have inaccurate/incomplete information corrected and updated;
  3. Object to, or Limit or Restrict, Use of your Information: You can ask us to stop using all or some of your information or to limit our use of it.
  4. Deletion - in certain circumstances, you can request a right to be forgotten (this is a right to have your information deleted or our use of your information restricted, including for example, a right to not have a user's name appear in a search result). Ww will honour such requests unless we have to retain this information to comply with a legal obligation by European or Member State law or unless we have an overriding interest to retain it
  5. Portability- in certain circumstances, exercise the right to data portability (this is a right to obtain a transferable version of your information to transfer to another provider)
  6. Consent Management - Where we rely on consent to process your information, you may withdraw consent at any time and you do not have to provide a reason for your withdrawal. to withdraw consent at any time where processing is based on consent.

If you wish to exercise any of these rights, or wish to object to our use of your information, please write to us at the address listed below and we will consider your request in accordance with applicable laws.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person.

K. HOW WE PROTECT YOUR INFORMATION

The security and confidentiality of you information is very important to us, thus we take certain security measures (including physical, electronic and procedural measures) to help safeguard your information from unauthorized access and disclosure. Please know that, despite our best efforts, no security measures are perfect or impenetrable.

You are solely responsible for maintaining the confidentiality of any password you may use to access the MS Services. You agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the MS Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the MS Services, and to ensure that you log off/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

L. DATA PROTECTION OFFICER

For our EEA users, our Data Protection Officer is responsible for ensuring your rights are respected and to review and oversee how we collect and use your personal information. They can be reached by contacting MindsparkDPO@iacapps.com

M. CHILDREN'S PRIVACY

Our MS Services are intended for general audiences over the age of 13 years old (or over the age of 16 if you are resident in the EEA). We do not knowingly collect information from children under the age of 13 years old, or 16 in the EEA. If you are not over 13 years old (or 16 years old in the EEA) then DO NOT DOWNLOAD OR USE THE MS SERVICES

N. NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any information relating to users of the MS Services.

O. CHANGES TO THIS PRIVACY POLICY

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the Last Updated date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your information, we will notify you by posting notice of the changes on or through the applicable MS Services, or notifying you of these changes in another way reasonably calculated to provide notice. We recommend that you check this page, the help menu within an MS Product, or this url http://support.mindspark.com/, from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

We may acquire or develop new MS Products and/or MS Services from time to time that require additional privacy disclosure. In such case, we will add these additional provisions in a product specific annex or section that will only apply to such new MS Product or MS Service and will not vary the terms of this Privacy Policy in relation to your use of existing MS Products and MS Services (and, as such, we will not be required to notify you of such additional terms unless you also use the new MS Products or MS Services).

P. YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Shine The Light law, California residents may opt-out of the disclosure of information to third parties for direct marketing purposes (as those concepts are defined in that law) However, we do not currently engage in the type of sharing covered by that law.

Q. HOW TO CONTACT US

If you have any questions about this Privacy Policy and you are based outside the EEA then please contact:

Mindspark Interactive Network, Inc.
29 Wells Avenue, Suite 300
Yonkers, NY 10701
ATTN: Privacy Officer/Legal Dept.

support@help.mindspark.com

EEA users should user the below contact details:

IAC Search and Media Europe Ltd.
10 Earlsfort Terrace
Dublin 2
Ireland
MindsparkDPO@iacapps.com

You also have the right to complain to the Irish Data Protection Commission or another supervisory authority. You can contact the Office of the Data Protection Commissioner at:
Telephone: +353 (0)761 104 800 or Lo Call Number 1890 252 231

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