Last Updated: July 3, 2008

At NearbyNow we recognize that privacy is important. This document outlines the types of personal information we receive and collect when you use NearbyNow services and how we use that information, as well as some of the steps we take to safeguard the information you share. We hope this will help you make an informed decision about sharing personal information with us.

Personal information and other data we collect

  • For most NearbyNow services, no registration is required and we do not collect personal information. However, for some services (such as a "sale alert" service), we may require collecting personal information that can identify you, such as an e-mail, cell phone number, or other contact information.
  • We may combine personal information collected from you with information from other NearbyNow services or third parties to provide a better user experience, including customizing content for you. For example, if we see other users with similar interests, we might suggest content to you that you might like.
  • NearbyNow uses cookies (a small file containing a string of characters that uniquely identifies your browser) and other technologies to enhance your online experience and to learn about how you use NearbyNow services in order to improve the quality of our services. This allows you to do things like save your preferences, and make subsequent visits faster and easier.
  • NearbyNow's servers automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request.
  • You may send email or other communications to NearbyNow which may be used by NearbyNow to process your inquiries, respond to your requests and improve our services.

Uses

  • We may use personal information to provide the services you've requested, including services that display customized content and advertising. For example, if you would specify to receive e-mail alerts for "all sales on women's apparel", we would send an e-mail to you to notify you of the sale, and that e-mail may include a related advertisement.
  • We may share your personal information with our carefully selected partners, such as mall operators and merchants, who have products or services that may be of interest to you. For example, if you have "reserved a product" at a particular merchant, we may share your personal information with that merchant so it may contact you about other products at its store. You may opt-out of these disclosures.
  • We may also use personal information for auditing, research and analysis to operate and improve NearbyNow technologies and services.
  • We may share aggregated personal information (where information about an individual cannot be identified) with third parties outside of NearbyNow, such as mall operators, merchants, and other individuals. For example, we may let many parties know what the "most popular searches for today" are.
  • When we use third parties to assist us in processing your personal information on our behalf, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures.
  • We may be required to disclose personal or other information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may use and share personal or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent potential fraud or other illegal or prohibited activity, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
  • We may offer certain programs and promotions through third parties. We may share your information with marketers or electronic commerce providers. You may opt-out of these disclosures.
  • We may offer stores or provide services jointly with other companies. You can tell when another company is involved in any store or service provided through NearbyNow with the branding of the store or service. We may share customer information with that company in connection with your use of that store or service. This Privacy Policy does not apply to the other company's use of your customer information so please read the other company's privacy policy to understand how your information will be used.
  • If the ownership of all or substantially all of the NearbyNow business, or individual business units owned by NearbyNow, were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy.

Children under Age 13

  • If you are under 13, please do not attempt to use NearbyNow's services or send any information about yourself to us, including your name, address, telephone number, or email address.
  • NearbyNow does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No one under age 13 may provide any personal information to NearbyNow or though NearbyNow's services.
  • In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacypolicy@nearbynow.com .

Children Between the Ages of 13 and 18

  • We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Your choices

  • You may decline to provide personal information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result.
  • We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and/or delete it at your request, if it is not otherwise required to be retained by law or for legitimate business purposes. We may ask you to verify your identity and provide us with specific details about the information you have inquired about. We may decline to process requests if they are impractical, require significant or repetitive effort or jeopardize the privacy of others.
  • If you would like to opt-out of our sharing your personal information with third parties for marketing purposes, send your opt-out request to privacypolicy@nearbynow.com .

Links and Third Parties

  • NearbyNow's service may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information.
  • Advertisements that appear on NearbyNow's services are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer 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 computer or browser saw their advertisements and determine which advertisements are clicked. NearbyNow 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 personal information stored by NearbyNow unless you elect to share it with them.
  • This Privacy Policy addresses only the use and disclosure of information we collect from you. It does not cover the use of cookies or other tracking technologies by any third party. If you disclose your information, to others, whether they are third party advertisers or others, different rules may apply to their use or disclosure of the information you disclose to them. NearbyNow does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

Security

  • Your information is stored and processed on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. For instance, your personal information is located on a secured server behind a firewall.
  • However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
  • If you have any questions about the security of NearbyNow's services, please contact us at privacypolicy@nearbynow.com .

Terms of Use, Notices and Revisions

  • Your use of NearbyNow's services, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time.
  • Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date.
  • If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

More information

If you have additional questions, please contact us any time. Or write to us at:

Privacy Matters
c/o NearbyNow, Inc.
1975 W. El Camino Real Suite 101
Mountain View, CA 94040 (USA)