Last Updated May 22, 2020
The following Privacy Policy ("Privacy Policy") and terms and conditions (the "Terms of Use") govern your use of the website located at www.ActionSweeps.com (the "Site"). The Site is made available by AdQuire Media, LLC (collectively, the "Company" or "we" or "us"). We may change the Privacy Policy and Terms of Use at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND PRIVACY POLICY AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use or Privacy Policy, you may not access or otherwise use the Site.
AdQuire Media, LLC is committed to protecting your privacy. This Privacy Policy describes all of the information handling practices for the Site, including how we handle personal information we may obtain when you use the Site, and how we may share it. This Privacy Policy does not apply to information we may obtain through other means, including offline or online in another forum, such as elsewhere at other AdQuire Media owned web sites.
To better protect your privacy we provide this notice explaining our personal information collection and use practices and the choices you can make concerning the use of your personal information. This Privacy Policy also applies to individuals that have agreed to receive e-mail marketing from the Site or one of our advertising partners, whether at the Site, via e-mail, on third-party websites or otherwise.
For each visitor to the Site, our servers automatically recognize only the visitor's domain name, but not the e-mail address (unless requested and supplied by the visitor as a part of registration in connection with a program offered or made available on the Site).
You must register to become a member of the Site in order to qualify to receive the products and services available through the Site. In order to register, you must supply accurate and up to date personal information as indicated on the registration form (for example: full name, street address, telephone number and e-mail address) (the "Registration Information"). Certain information, such as your e-mail address, is collected, among other purposes as set forth in this Privacy Policy, in order to verify your identity in the future within our database.
You may provide additional information, such as categories of interest, preferred stores, and demographic information. The additional information is not required to become a member, but many members choose to supply the information so that they receive offers that match their shopping interests and store preferences.
We may also collect other information such as your IP address, browser type, domain names, access times and referring third party website addresses. This information is used for the operation of our Site, to maintain the quality of our offerings, and to provide general aggregate statistics regarding the use of the Site. Such information is not personally identifiable. Geographic, demographic, and category preference information across member profiles may be summarized for merchants advertising on the Site. This helps prospective sponsors understand the viewership they will reach.
In addition, we may receive personal information about you from outside sources and add it to your existing Registration Information on file at the Site. We do this to improve personalization of our services (for example, providing better newsletter content, advertising and/or special offers that we think may be of interest to you).
We also collect information such as the identification of the server that your computer is logged onto and whether you opened an e-mail message delivered to you from the Site. We also may compare our member list to various lists received from other third party companies, in an effort to avoid sending identical or similar e-mail messages to our members.
In addition to the information collected by us and registration information submitted by you, we may employ both first-party and third-party cookies. A cookie is a piece of data stored on your hard drive containing activity-based information about you, and it is designed to facilitate the receipt of targeted and relevant advertisements. The cookie is not associated with your personally identifiable information.
Depending on the settings in your browser, you may have the option to deny the session cookie; however, doing so may negatively impact upon the performance of the Site or restrict us in better serving your needs and interests. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. We occasionally use cookies to anonymously track and target the interests of our members to further enhance the experience on our Site or for advertising tracking purposes.
In addition to cookies, the Site pages and/or e-mails may contain electronic images known as "pixel tags" (also known as clear gifs) to track the pages that visitors and/or members visit at the Site for purposes of formatting future campaigns and upgrading visitor information used in reporting statistics. The Site may also contain pixel tags placed there by third parties to help determine the effectiveness of a joint promotional or advertising campaign.
We retain personal information submitted by you on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.
The personal information that you submit to us remains your property, but by submitting that personal information to us, you grant to us the right to use that information for marketing purposes, including sharing such information with third parties. For example, when you select to receive information about offerings from a third party company during the registration process, we will share your personal information with that third party company to carry out your information request. We will use your personal information to fulfill Company obligations pursuant to any contest, sweepstake, or promotional event sponsored by the Site. We may also use such information to directly market certain offers to you (via e-mail, direct mail and/or telemarketing), to monitor compliance with our Terms of Use and for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to our members. These businesses may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; and (c) telemarketers.
In addition, we reserve the right to release current or past member information in the event that we believe that a membership is being or has been used in violation of the Terms of Use or to commit unlawful acts, if the information is subpoenaed, if we are acquired, or when we deem it necessary or appropriate. By agreeing to the terms of this Privacy Policy, you hereby consent to disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time and Federal Trade Commission enabling regulations.
You also agree that we, and other third parties, may contact you via e-mail, direct mail and telemarketing for feedback purposes and surveys. In addition, we may send you e-mail regarding general and administrative information about your membership.
In addition, by registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule"). Notwithstanding that your telephone number may be listed at the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to our members' personal information as needed to perform their functions for us, but we do not permit them to use our members' personal information for other purposes.
We will not rent, sell or share any personal information we gather from you to third parties, except as indicated herein or to provide information regarding the products or services you have requested information about. Notwithstanding the foregoing, we may provide your personal information to third parties for data services which may include, but not are not limited, to data cleansing, merge-purge, appending and mapping or for other purposes to which you have consented. The Company does not allow third parties to collect information from users of the Site without the users' consent.
You may opt-out of receiving marketing e-mail messages from the Site either when you register with the Site or at a later date. To opt-out of receiving e-mails after registration, you may either: (i) click on the unsubscribe link at the bottom of any commercial e-mail you receive and follow the instructions on-screen (you may do so at any time after receipt of the e-mail), (ii) click here and choose to stop receiving e-mails, or (iii) write to AdQuire Media, 41 Purdy Ave, PO Box 457, Rye, NY 10580, Attention: Customer Service. Please note that it may take up to 72 hours for us to process an opt-out request and that any e-mail communications within the queue prior to your decision to opt-out will still be sent to you. You will still continue to receive e-mail messages from other third party services that you have requested to receive e-mails from if you opt-out of receiving marketing messages from the Company.
We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure.
We also protect your information off-line. All of our users' information is restricted in our offices. Only employees who need the information to perform a specific job are granted passwords to access personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.
Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
What You Can Do To Protect Your Information?
We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children's Online Privacy Protection Act ("COPPA"). Pursuant COPPA guidelines, we do not knowingly collect personal information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personal information through any point of contact, please contact us and we will delete the information about the child referenced from our files.
The Company may transfer, sell or assign information concerning your use of this Site, including without limitation, personal information and Registration Information that you provide and other information concerning your use of the Site, to third parties, as a result of a sale, merger, consolidation, changing control, transfer of substantial assets, reorganization or liquidation of the company.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.
By using this Site including, without limitation, signing up for offers and/or continuing to receive information from the Site, you hereby agree to this Privacy Policy. We reserve the right, at our discretion, to change, modify, add, and/or remove portions of this Privacy Policy at any time. All changes will take effect immediately upon their posting on our Site. Please check this page periodically for changes. Your continued use of the Site or acceptance of our e-mails following the posting of changes to this Privacy Policy will mean that you accept any and all such changes and agree to continue receiving directing marketing from us and other third party companies. If you do not agree to the terms of this Privacy Policy, please unsubscribe by clicking here.
This Privacy Policy is governed by the internal substantive laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within the State of New York. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The failure of the Company to enforce any term or condition of this Privacy Policy shall not be deemed a waiver thereof and shall not prevent its later enforcement.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. The Company may restrict, suspend or terminate your access to the Site and/or its services with or without cause.
As between you and the Company, the Company owns, controls, or licenses all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of the Company or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. Any use of the Site, or the content, code, data or materials thereon, except as otherwise provided herein, is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law. The use of this Website and its services is a privilege. AdQuire Media reserves the right to suspend your use of this Website for any reason at any time, in its sole discretion.
The Company values your ideas and welcomes your feedback. Please note, however, that the Company does not solicit and will not pay for your creative ideas. If you choose to send the Company feedback, you acknowledge and agree that you do so voluntarily and that no contract or confidential relationship is thereby created. You agree that you did not get the material from another person and are free to provide it to the Company. You also agree that the Company's review of your material does not mean that it is unique or original and that the Company may independently have created or create it in the future something substantially similar or identical to your submission, with no liability or obligation to you. The content of your submission will become and remain the sole property of the Company, and the Company shall be entitled to unrestricted use of your material for any purpose whatsoever, without compensation to you.
The Site and its services are intended to facilitate collection of certain information from you, for the promotion of third party goods and services. You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site.
You may not: (i) engage in spidering, "screen scraping", "database scraping", harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iii) send unsolicited commercial email to other users of the site, including spam, chain emails, advertising solicitations or similar email solicitations; (iv) delete, edit or revise any material posted on the Site by any other person or entity nor copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use; or (iv) use the Site or the Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
We may, from time to time, make messaging service, chat service, bulletin board, other forums and the like available on the Site. In addition to any other rules or regulations that we may post in connection with a messaging service, chat service, bulletin board or other forum on the Site or offered through a service on the Site, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service offered on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or the Company. The Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services by users, and the Company is not responsible for any such materials posted by users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of these Terms of Use, the Company's policies or applicable law.
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed", surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your web site at any time upon written notice to you.
You agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, members, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim.
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites;
b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes; and
j. You may not submit opinions or notices, commercial or otherwise.
The Company does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You assume the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, the Company in its discretion may review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever.
You hereby grant Company an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you in accordance with the Privacy Policy below.
You may be able to link from the Site to third party web sites ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
The Company disclaims any liability for links (1) from another web site to this Site and (2) to another web site from this Site. The Company cannot guarantee the standards of any web site to which links are provided on this Site nor shall the Company be held responsible for the contents of such non-Company sites, or any subsequent links. For this reason, the Company does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Company is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Once you select a link that takes you to a Linked Site, you are subject to the privacy policy of the Linked Site. Please note that these Linked Sites may have privacy policies that differ from those of the Company in the level of security, use of cookies and use of personally identifiable information. We have no control over any information you choose to provide those Linked Sites, and we encourage you to review the privacy policies of these web sites before providing your personally identifiable information.
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your use of this site (including negligent or wrongful conduct) by you or any other person accessing this site using your computer or Internet account.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
If you have any questions about this Privacy Policy or Terms of Use, our information-handling practices, or other aspects of privacy, please contact us by e-mail or via postal mail at: AdQuire Media, 41 Purdy Ave, PO Box 457, Rye, NY 10580, Attention: Customer Service, or CLICK HERE to send an email.