Looking beyond CCPA & GDPR to the future of privacy

We wholeheartedly believe that privacy is a concept to which every human that uses a connected device has a fundamental right — and it’s built into every part of our business.

At Unacast we are committed to protecting and respecting data privacy and see privacy as a key driver for the growth of location technologies. Our privacy program covers the flow of location data from the point of collection to our customers’ platforms. Through our partner terms and conditions as well as through reviews of their privacy practices by our designated privacy officers, we strive to ensure that all our partners who contribute location data to us collect, use, and disclose the location data in compliance with applicable privacy laws and industry privacy standards.

We insist, among other things, on:

  • Proper disclosures relating to the collection of location data
  • User opt-in consent for the collection of location data from mobile devices
  • Respecting mobile device users’ choices and device settings

Moreover, we also require that our customers process location data received from us in compliance with applicable privacy laws, industry standards, and their own privacy policies.

Finally, while we do not directly collect any location data, we are mindful about the privacy concerns that the users of mobile devices may have about location technologies. We describe our own privacy practices relating to the location data we receive from our partners in our Privacy Statement. If you are a visitor to our website, you can read about our privacy practices relating to the data we collect from our website in our Privacy Policy.

Privacy Statement

Last Updated: August 30, 2021

1. Introduction

Unacast, Inc. and our subsidiary Unacast AS of Norway (“Unacast, “we”, “us”) are committed to protecting and respecting privacy and the protection of information that may be used to identify you directly or indirectly (“Personal Data”). This Statement explains our approach with respect to data we receive from our partners, such as mobile application (“App”) developers and publishers, data aggregation services, and providers of location-supporting technologies (the “Partners”). The technologies utilized by the Partners interact with mobile devices in the physical world through Apps, GPS, mobile device Bluetooth connections, and Wi-Fi connections. In this Statement we also provide information on some of the methods available to individual users of mobile devices (“you” or “user”) to limit the collection of data from or about their mobile devices by the Partners.

2. How Does Unacast Obtain Data And What Data Do We Obtain?

Some of the data we receive from the Partners may constitute Personal Data under applicable laws.

The data provided by the Partners may include:

  • IDFA and/or advertising identifier (“Advertising ID”)
  • Location of the mobile device expressed as the latitude, altitude, and longitude of the mobile device and the derived identity of the location, such as a fast food restaurant
  • Mobile device operating system and operating system version
  • Mobile device make and model
  • The name and version of an App
  • Other metadata associated with the mobile device, such as network type and IP address
  • The category of the App that collected data (i.e. casual gaming, weather, social media)
  • GPS horizontal accuracy value
  • If the App was in active use or in the background when data was collected
  • The speed at which the device was traveling
  • If the device was being charged at the time of data collection
  • The direction that the device was traveling
  • If the device is connected to a WiFi or cellular network
  • WiFi SSID (network name) or BSSID (MAC address for the router)

Where required by law, such as in the European Economic Area, we process the data provided by the Partners based on your consent that you have provided to our Partners. Please be reminded that you have the right to withdraw your consent at any time.

3. What Do We Do With Partner-Provided Data And For What Purposes Is It Used?

We analyze and contextualize the data provided by the Partners for purposes of providing accurate location intelligence to our clients. This location intelligence can be used for advertising, audience segmentation, people-based movement analytics, improving business decision making by better understanding of customer movement patterns, assisting municipalities in urban planning by enhanced understanding of movement patterns, and similar purposes that utilize location as a tool. The data may also be used for the purpose of improving and analyzing the various services provided by us.

4. In What Ways Can I Control the Collection of Mobile Device Data?

Data Collected Through Apps

PRIVACY POLICIES

First, please familiarize yourself thoroughly with the privacy policy of any App you download on your mobile device, checking in particular what types of data the App collects from or about your device(s). Do not download an App if you do not feel comfortable with the data collection practices described in the applicable privacy policy. If you have already downloaded such an app, delete it.

DEVICE SETTINGS

All major mobile device operating systems enable the users of mobile devices to control the types of data collected in and through Apps.

iOS: Apple instructions on how to control iOS device location settings can be found here: https://support.apple.com/en-us/HT203033. Apple instructions on how to limit ad tracking on iOS devices can be found here: https://support.apple.com/en-us/HT202074. For other privacy-related settings on iOS, please go to Settings from your mobile device’s home screen, and select “Privacy.”

Android: Android instructions on how to control device location settings can be found here: https://support.google.com/nexus/answer/6179507?hl=en&ref_topic=6179522. Android instructions on how to limit ad tracking on Android devices can be found here: https://support.google.com/nexus/answer/3118621?hl=en.

Data Collected Via Bluetooth

All major mobile device operating systems enable the users of mobile devices to disable Bluetooth from functioning.

iOS: You can disable Bluetooth by going to “Settings” from your Device’s home screen; select “Bluetooth”; and turn Bluetooth off.

Android: You can disable Bluetooth by going to the Settings app, then “Wireless and networks,” where you can disable Bluetooth.

5. How Does Unacast Disclose the Partner-Provided Data to Third Parties?

We may disclose the data provided by the Partners to third parties such as advertising networks, advertising publishers, and advertisers, research companies, data brokers, financial institutions, data analytics platforms (collectively “Data Licensees”), in accordance with the terms of the agreements, and only for the purposes of performing such agreements, that we have in place with such third parties.

We may also disclose data provided by our Partners to:

  • Our service providers, such as data storage providers;
  • Public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties; and
  • Our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of our services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization.
  • A list of Data Licensees, and a link to their privacy policies, can be found here.

6. How Do I Check Whether Unacast Has the Advertising ID of My Mobile Device and Can I Block It From Further Use by Unacast?

You can find your mobile device’s Advertising ID on iOS by use of apps like e.g. My Device ID, and on Android by going to Settings, then selecting “Ads”. You can opt out by filling in your Advertising ID in this opt-out form, and request the blocking of the Advertising ID from further use or disclosure by Unacast. If we have that Advertising ID, once we have blocked the Advertising ID, you will receive a confirmation email from us. Please bear in mind that the blocking of the Advertising ID by Unacast following your request to that effect will not have an impact on any uses or disclosures that have already taken place. If you choose to reset your mobile device’s Advertising ID, you will have to request blocking of the Advertising ID from further use or disclosure by Unacast once again. Please also bear in mind that any additional devices you may possess have other Advertising IDs. Finally, please be aware that the use of any of the measures enlisted in this Statement does not mean that no advertising will be directed at your mobile device.

7. Other Rights You Have

We take steps to help ensure that you are able to exercise your rights regarding Personal Data about you in accordance with applicable law. If you would like to access, erase, or object to, or restrict the processing of Personal Data we collect, please visit this site. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at privacy@unacast.com, so we have an opportunity to address your concerns directly before you do so.

8.  How Long Does Unacast Keep Data About Me?

As a matter of policy, Unacast retains data received from our Partners for purposes of advertising and audience segmentation for a period of six (6) months from the date that we first receive data. For other purposes, as described above in Section 3, we may retain data for five (5) years from the date that we first receive the data.

Finally, unless we are legally required to do otherwise, if you submit a request in accordance with the instructions set out in Section 6 above, we only retain that Advertising ID for purposes of blocking it from further use and disclosure by Unacast.

9. International Transfers of Personal Data

Some elements of our data products and services may be hosted on servers located in countries outside your own country. The laws applicable to the protection of Personal Data in such countries may be different from those applicable in your home country. In particular, if you are located within the European Union, please note that Personal Data received by us from Partners may be transferred outside the European Union (the “EU”)/ European Economic Area (the “EEA”). If we transfer personal data from the EEA to third countries, we utilize standard contractual clauses authorized by the Commission of the European Union (“CEU”), or other transfer mechanisms determined lawful by the CEU or EEA Member State supervisory authorities in connection with such transfers.

10. For California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information by Unacast to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to privacy@unacast.com or write us:

Unacast, Inc.
PO Box 216 
Cos Cob 
152 E Putnam Ave 
Cos Cob, CT, 06807-9984

Furthermore, California residents have the following rights with respect to Personal Data we may have collected about them:

(i)      Requests to Know

You have the right to request that we disclose:

  • The categories of Personal Data we have collected about you;
  • The categories of Personal Data about you we have sold or disclosed for a business purpose;
  • The categories of sources from which we have collected Personal Data about you;
  • The business or commercial purposes for selling or collecting Personal Data about you;
  • The categories of Personal Data sold or shared about you, as well as the categories of third parties to whom the Personal Data was sold, by category of Personal Data for each party to whom Personal Data was sold; and
  • The specific pieces of Personal Data collected.

You may submit a request to know via this form. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a 12-month period.

(ii)      Requests to Delete

You have the right to request that we delete any Personal Data about you that we have collected. Upon receiving a verified request to delete Personal Data, we will do so unless otherwise authorized by law. You may submit a request to delete Personal Data via this form.

(iii)     Right to Opt Out of the Sale of Personal Data

You have a right to opt out of the sale of Personal Data. You may, at any time, direct us to not sell Personal Data about you to third parties.  If you exercise your right to opt out of the sale of Personal Data about you, we will not sell Personal Data about you. Any Personal Data collected in connection with your request to opt-out of the sale of Personal Data about you will be used only to facilitate that request. You may opt out of the sale of Personal Information about you here. You may also submit opt-out requests by emailing us at privacy@unacast.com.

(iv)     Authorized Agents

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

(v)     Methods for Submitting Consumer Requests and Our Response to Requests

You may submit a request for access and requests to delete Personal Data about you via this form.

Upon receipt of a request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.

We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within 45 days of receipt. In order to protect your privacy and the security of Personal Information about you, we typically verify your request by requesting additional identifying information relating to you and/or you’re your mobile device.

With respect to requests for specific pieces of Personal Data, we have determined that there is a substantial safety and security risk to a person in disclosing the geolocation of a device to another person who (i) is not the actual user of a mobile device with which geolocation data is associated, but (ii) has an interest, whether lawful or unlawful, in gaining access to geolocation data associated with a device and the movement patterns of the actual user of the device.  Given this risk, and (i) since we do not seek to determine the actual identity of persons that use mobile devices for our business purposes; (ii) we do not collect identifiers such as names, addresses, cellular/mobile phone numbers; and (iii) because we do not wish to collect extensive additional Personal Data for verification purposes, we have concluded that we currently have no reasonable method to verify the identity of the person making the request for purposes of verifying requests for specific geolocation information to a reasonably high degree of certainty. Consequently, we do not provide specific geolocation in response to data subject/consumer requests at this time. We will re-evaluate this determination on a yearly basis.

(vi) Categories of Personal Data the We Have Sold in the Last 12 Months

We have sold the following categories of Personal Data during the last 12 months:

(A) Mobile device identifiers;

(B) Internet or other electronic network activity information, including information regarding your interaction with a mobile application, and

(C) Geolocation data.

(vii) The Right to Non-Discrimination

You have the right not to be discriminated against for the exercise of your California privacy rights described above.

For information about the number the number of requests to know we have received and complied with, requests to delete we have received and complied with, requests to opt-out we have received and complied with, and the median or mean number of days taken to respond to each group of requests, please see this link.

11. Children's Privacy

The data provided by our Partners does not include Personal Data relating to children younger than sixteen (16) years of age.

12. Changes to This Statement

From time to time we may change this Statement. You can tell when changes have been made to the Statement by referring to the “Last Updated” legend on top of this page. Please review this Statement regularly to ensure that you are aware of any changes.

13. Questions or Concerns?

Should you have any questions regarding this Statement or your privacy, please contact our Privacy Team at privacy@unacast.com. We seek to promptly resolve any questions or concerns you may have.

Privacy Policy


Last Updated: March 12, 2020

1. Introduction

Unacast, Inc. and our subsidiaries and affiliates (“Unacast, “we”, “us”) are committed to protecting and respecting your privacy. This Privacy Policy explains the policies adopted and used by us in order to protect your privacy as you visit and use our website located at www.unacast.com, and associated sub-domains such as our data portal (the “Portal”) available at console.unacast.com (collectively, the “Website”) and if you otherwise communicate with us, for example by requesting information related to our services. The Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be handled by us. In this Privacy Policy, the term “personal data” means information that relates to an identified or identifiable natural person.

We know that you are concerned about how we use and disclose personal data, and we are committed to complying with data protection and privacy laws that apply to us. This Privacy Policy tells you about the ways in which we protect your privacy and personal data we process about you in connection with the Website. We wish to remind you that this Privacy Policy applies to personal data that we process when you use the Website and if you otherwise communicate with us, for example by requesting information related to our products and services. It does not apply to any links to third parties’ websites and/or services, such as third-party applications, that you may encounter when you use the Website, or personal data processed in connection with our data products. If you wish to know about our practices relating to personal data processed in connection with our data products, please review our Privacy Statement. We encourage you to carefully familiarize yourself with privacy policies applicable to any websites and/or services operated by third parties. Please be aware that we are not responsible for the privacy practices of any third parties.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

2. Information We May Collect From You

Data You Provide to Us

When you use the Website or otherwise communicate with us, we collect information that you provide to us directly. For example, we collect information in the following circumstances: when you sign up for a newsletter, when you register an account with the Portal, when you subscribe to our products and services, when you contact us via the Website; when you submit a job application, and when you otherwise communicate with us.

The information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute personal data:

  • Company name;
  • First name, Last name;
  • Phone number;
  • Website;
  • Email address;
  • Information included in your CV/resume;
  • Information available in your public LinkedIn profile; 
  • Information on your preference about joining our mailing list.

Other information: We may also collect any other information you may want to share with us, such as a record of your correspondence, if any, with us. To the extent there are any payment features on the Website, we use a third-party payment processor to process any payment information. 

Personal Data You Provide To Third Parties On Our Site

Please note that we use certain third party service providers on the Website to enhance your experience or deliver certain services. These providers may collect Personal Data in performing their services and/or functions on the Website. For example, we use the following third party service providers for the services identified:

  • Lever.com to collect Personal Data relating to open positions posted on our Site. To learn about the privacy practices of Lever, please review https://www.lever.co/privacy-policy

Data Collected Automatically

Certain information on our Website is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Website. Alone or in combination with other information, such automatically collected information may constitute personal data. We may also use third-party analytics tools (such as Google Analytics) that collect information about the use of the Website and visitor traffic. The information we may collect by automated means may include, without limitation:

  • Information about the devices you use to access the Website (such as the IP address and the type of the device, operating system, network connection, and web browser);
  • Dates, times, and duration of use of the Website (including whether you are a repeat or first-time visitor); and
  • Information on actions taken when using the Website (such as page views and website navigation patterns).

We use cookies to make interactions with the Website easy and meaningful. When you visit the Website, our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your web browser.  We may use cookies that are session-based and persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate the Website, but you may not be able to successfully use all of the features of the Website.

Google Analytics is an element of the Website. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Website, the Internet Protocol address, and the type of operating system used in the devices used to access the Website. By using a browser plugin available at http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

Our legal basis for collecting and using the personal data described in this Privacy Policy will depend on the personal data concerned and the context in which we collect it. We collect personal data from you:

  • where we need it to perform a contract with you (e.g., to fulfill an order);
  • where the processing is in our legitimate interests (which include the purposes listed, above); or
  • if we otherwise have your consent.

3. The Purposes for Which We Use the Data

We use the personal data about you for the following purposes:

  • To communicate with you;
  • To prevent and investigate fraud and other misuses;
  • To protect our rights and/or our property;
  • To operate and improve our products and services;
  • To manage the Portal and the Website;
  • To provide features available on the Website;
  • To set up and maintain your registration with the Portal;
  • To develop, improve, and protect the Website;
  • To market research and electronic direct marketing, in accordance with applicable law;
  • To audit and analyze the Website;
  • For human resource purposes; and
  • To ensure the technical functionality and security of the Website.

4. How We Disclose Data

We do not sell, lease, rent or otherwise disclose the personal data collected from the Website to third parties unless otherwise stated below.

The personal data collected may be disclosed in the following manner:

Personal Data You Provide to Us Directly

We may disclose personal data you provide to us on the Website with the following categories of third parties:

  • Service providers, such as data storage service providers and human resources service providers;
  • Our advertising partners, in accordance with applicable law;
  • Public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties; and
  • Our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Website and/or our services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.

Data Collected Automatically

The data collected automatically on the Website may be disclosed to the following categories of third parties:

  • To service providers, such as data analysis companies;
  • To public authorities, such as law enforcement, if we are legally required to do so or if we need to protect our rights or the rights of third parties; and
  • To our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Website and/or our products and services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization, in accordance with this Privacy Policy.

Moreover, we may disclose information to third parties in an aggregate format that does not constitute personal data and does not allow the identification of individual users.

5. Your Rights

You have the following rights with respect to the personal data we hold about you:

  • The right to know what data we hold about you: If you would like to know what personal data we hold about you, through this opt-out form. We seek to promptly respond to your inquiry.
  • The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. If you have questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at privacy@unacast.com.
  • The right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages and SMS-messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at privacy@unacast.com.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning personal data about you. We encourage you to first reach out to us at privacy@unacast.com so we have an opportunity to address your concerns directly before you do so.

6. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@unacast.com or write us at:

Unacast, Inc.

Attn: Chief Privacy Officer

PO Box 216
Cos Cob
152 E Putnam Ave
Cos Cob, CT, 06807-9984

If you are a California resident you may also have the right:

  • To request disclosure of the categories and specific pieces of Personal Data collected about you;
  • To request the disclosure of the business purpose for collecting or selling Personal About you; the categories of third parties with whom it is shared, and the categories of sources from which Personal Data is collected;
  • To request the deletion of Personal Data, subject to the limitations set forth in California Civil Code Section 1798.105(d); and
  • Not to be discriminated against for exercising the rights guaranteed by California Civil Code Section 1798.100 et seq.

For a list of categories of Personal Data collected and the purposes for the processing of that Personal Data, please refer to Sections 2 and 3 above.

In the last 12 months, we have not sold Personal Data collected in and through the Website.

7. Do-Not-Track Settings

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time.

8. Retention of Personal Data

We reserve the right to retain any personal data as long as the personal data are needed to: (i) fulfill the purposes that are described in Section 3 (The Purposes For Which We Use Personal Data), and (ii) comply with applicable law.

9. Data Security

The security of personal data is important to us. We take reasonable measures to protect personal data about you from unauthorized access or against loss, misuse or alteration by third parties. Despite these efforts to store personal data collected on and through the Website and otherwise by us in a secure operating environment that is not available to the public, we cannot guarantee the security of personal data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.

10. International Transfers of Personal Data

Some elements of the Website and/or our products and services may be hosted on servers located in countries outside your own country. The laws applicable to the protection of personal data in such countries may be different from those applicable in your home country. In particular, if you are located within the European Union, please note that personal data collected by us may be transferred outside the European Union (the “EU”)/ European Economic Area (the “EEA”). In connection with transfers of personal data from the EU/EEA, such transfers are made using adequate safeguards, such as the EU Standard Contractual Clauses for Controller-to-Controller and Controller-to-Processor Transfers.

11. Children’s Privacy

The Website is not directed to children younger than sixteen (16) years of age. We do not intend to collect personal data from children under 16. If you are under 16, please do not use the Website and do not send any information about yourself to us.

11. Changes to the Privacy Policy

From time to time we may change this Privacy Policy. You can tell when changes have been made to the Privacy Policy by referring to the “Last Updated” legend on top of this page. Please review this Privacy Policy regularly to ensure that you are aware of any changes. If we materially change the ways in which we use and disclose personal data, we will post a notice on the Website and send an e-mail to our registered Website visitors. Your continued use of the Website and/or our products and services following any changes to this Privacy Policy constitutes your acceptance of any such changes made.

12. Questions or Concerns?

Should you have any questions regarding this Privacy Policy, your privacy as it relates to the use of the Website, or the protection of the personal data we hold about you, please contact us at privacy@unacast.com. We seek to promptly resolve any concerns you may have.

Opt out

You may opt out of the sale of Personal Information about you by filling out the form here: Do Not Sell My Information

You may also submit opt-out requests by emailing us at privacy@unacast.com.

Opt Out

We wholeheartedly believe that privacy is a concept to which every human that uses a connected device has a fundamental right — and it’s built into every part of our business.

At Unacast we are committed to protecting and respecting data privacy and see privacy as a key driver for the growth of location technologies. Our privacy program covers the flow of location data from the point of collection to our customers’ platforms. Through our partner terms and conditions as well as through reviews of their privacy practices by our designated privacy officers, we strive to ensure that all our partners who contribute location data to us collect, use, and disclose the location data in compliance with applicable privacy laws and industry privacy standards.

We insist, among other things, on:

  • Proper disclosures relating to the collection of location data
  • Respecting user choices in connection with the collection of location data from mobile devices
  • Respecting mobile device users’ choices and device settings

Moreover, we also require that our customers process location data received from us in compliance with applicable privacy laws, industry standards, and their own privacy policies.

Finally, while we do not directly collect any location data, we are mindful about the privacy concerns that the users of mobile devices may have about location data technologies. We describe our own privacy practices relating to the location data we receive from our partners in our Privacy Statement. If you are a visitor to our website, you can read about our privacy practices relating to the data we collect from our website in our Privacy Policy.

You may opt out of the sale of personal information about you by using the form below.

Opt Out Form


You may also submit opt-out requests and other privacy related questions by emailing us at privacy@unacast.com.

Outout Stats

Number of requests to know received and complied with:

54

Requests to delete received and complied with:

16

Requests to opt-out received and complied with:

437

The median or mean number of days taken to respond to each group of requests:

Requests to know:

5.8 days

Requests to delete:

2.4 days

Requests to opt-out:

2.7 days

These opt-out stats are for 2020.

Terms of Service


Last Updated: April 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR OBTAINING ANY UNACAST DATA, MATERIALS, INFORMATION, OR PRODUCTS MADE AVAILABLE UNDER AN ORDER FORM. YOUR USE OF THE SERVICES REQUIRES ACCEPTANCE OF THESE TERMS.

UNACAST SHALL NOT MAKE AVAILABLE TO CUSTOMER ANY PERSONAL INFORMATION OR PERSONAL DATA THAT IS SUBJECT TO APPLICABLE DATA PRIVACY OR DATA PROTECTION LAWS OR REGULATIONS UNDER THESE TERMS OF SERVICE.  

These Terms of Service (“Terms”) govern use of the Services ordered under an order form (each, an “Order Form”) entered into by and between the customer identified in such OrderForm (“Customer” or “you” or “your”) and Unacast, Inc., a Delaware corporation or its affiliated entities (“Unacast”, “we”, “our” or “us”).  By signing an Order Form with Unacast, you agree to abide by, be bound by, and be subject to, these Terms as though these Terms were set forth in their entirety in such Order Form. The Order Form, these Terms, and any links, schedules, or exhibits referenced herein or in the Order Form shall constitute a legally binding agreement between the parties (the “Agreement”).

The “Services” means such services ordered pursuant to and described in an Order Form and may include (a) the Unacast data (“Unacast Data”) made available to Customer on the website located at https://app.unacast.com  or a successor site (the “Platform”), including any materials, features, or content downloadable or accessible from the Platform (the “Unacast Content”) or via another delivery mechanism specified in the Order Form, (b) any support services that may be specified in the OrderForm; and (c) any other Unacast application, software, product, or service licensed, downloaded or otherwise provided or made available to Customer pursuant to an Order Form that is subject to these Terms. In the event of a conflict between these Terms and the Order Form, these Terms shall control, except where the Order Form expressly identifies a clause or term to be superseded. No amendments may be made to the Order Form without a mutual written agreement between the parties.

Our Privacy Policy is incorporated by reference into these Terms.

THESE TERMS SHALL APPLY TO THE CUSTOMER LEGAL ENTITY IDENTIFIED IN AN ORDER FORM. IF YOU ARE ENTERING INTO AN ORDER FORM, OR USING THE SERVICES ON BEHALF OF A CUSTOMER, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF SUCH ENTITY, THAT THE EXECUTION, DELIVERY, AND PERFORMANCE OF THE AGREEMENT DOES NOT VIOLATE THE LAWSOF ANY JURISDICTION OR THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT TO WHICH YOU OR THE COMPANY YOU REPRESENT IS A PARTY OR BY WHICH YOU OR YOUR COMPANY ARE OTHERWISE BOUND, AND THAT THE BUSINESS ENTITY LISTED IN THE ORDER FORM AS THE CUSTOMER IS IN GOOD STANDING IN THE JURISDICTION WHERE IT IS FORMED. BY ORDERING, ACCESSING, REGISTERING FOR, OR USING THE SERVICES, YOU: (A)ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE ORDER FORM AND THESE TERMS; (B) AGREE TO BE BOUND BY THEM IN THEIR ENTIRETY, AND (C) ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH UNACAST. IN THE EVENT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH UNACAST (OTHER THAN AN ORDER FORM GOVERNED BY THESE TERMS) REGARDING UNACAST SERVICES, SUCH SEPARATE WRITTEN AGREEMENT SHALL CONTROL.

Unacast reserves the right to change, amend, or modify these Terms from time to time in its sole and absolute discretion. Your continued use of the Services after changes to these Terms are posted constitutes your acceptance of any such amendments or modifications to these Terms. If at any point you do not agree to any portion of the then-current version of these Terms, or any other policy or rules relating to your use of the Services as we may provide to you from time to time, you must immediately stop using the Services, and your license to use the Services shall immediately terminate.

1. LICENSE

Subject to these Terms, including the payment of the applicable Fees, Unacast hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services and the Unacast Data thereunder for your internal business purposes during the Term. Specifically, you may use and reproduce the Unacast Data for (a) interrogation, retrieval, analysis, manipulation, recompilation, and report preparation, and (b) creation of derivative works that you may make available to your third-party customers, provided no raw or unmodified Unacast Data is made directly available to such third parties (collectively, the “Permitted Uses”). Notwithstanding the foregoing, you may display to third parties (but not make available to or transfer) unmodified Unacast Data; provided, however, that you must include an attribution to Unacast and comply with other terms and conditions, if any, that Unacast may specify. 

2. RESTRICTIONS

Except as expressly permitted in these Terms (or as may be expressly agreed in an Order Form), you will not, directly or indirectly, nor will you allow any user to (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; (b) re-identify or attempt to re-identify an individual from any Unacast Data, (c) build or attempt to build a user profile for a given individual or device based on the Unacast Data nor attempt, facilitate, or encourage others to identify a given individual or user or reconstruct user profiles based on the Unacast Data, (d) modify, translate, or create derivative works based on the Services, (e) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, (f) remove any proprietary notices or labels from the Services, (g) circumvent any security control or access mechanism of the Services, (h) use the Services in connection with any products, services, or activities that compete with Unacast, (i) use, format, display or alter theServices or the Unacast Data except in accordance with the Permitted Uses, or (j) engage in any of the prohibited uses described in Section 3 below. 

3. PROHIBITED USES

3.1 You may not use the Unacast Data and/or our Services for any illegal purposes, including without limitation any uses that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, rule, regulation, order, or directive (“Law”). In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

  • Acts that may materially and adversely affect the quality of other users’ use of the Services;
  • Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
  • Introducing malicious codes or programs into the Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
  • Engaging in any monitoring or interception of data not intended for you without authorization;
  • Attempting to circumvent authentication or security of any host, network, or account without authorization;
  • Duplicating, licensing, sub licensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on the Services except as permitted in the Agreement, or as expressly authorized by Unacast in writing;
  • Using any method, software or program designed to collect personal information, authentication credentials, or other information;
  • Using the Services and/or Unacast Data for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable Law; or
  • Impersonating any person or entity, including, but not limited to, a Unacast representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

3.2 You further acknowledge and agree that you may not use the Unacast Data and/or the Services:

  • To promote any illegal product, or engage in any illegal activity;
  • To associate any natural person or device with any venue that is related to healthcare, addiction, pregnancy or pregnancy termination, gender-affirming care, or sexual orientation, or to otherwise infer an interest or characteristic related to any of the foregoing, or any other protected or sensitive categories including, but not limited to race, religion, or political affiliation;
  • For the purposes of making decisions about an individual’s eligibility for employment, health care, credit or insurance, or for any other purpose that is covered by the Fair Credit Reporting Act;
  • For purposes of targeting any natural person or device for purposes of directly identifying the natural person or tracking the geolocation of a natural person across time and/or space; or
  • To market or sell to law enforcement agencies or to any governmental agency to be used for a law enforcement purpose.

4. USE OF THE SERVICES

4.1 You agree to comply with all applicable Laws in connection with your use of Unacast Data and the Services and agree that you shall be responsible for any use of the Unacast Data and Services by your users.  

4.2 You shall be solely responsible for obtaining and maintaining, at your cost, any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”), and shall ensure such Equipment and systems are compatible with all configurations and specifications required to utilize the Services. You are further responsible for maintaining the security of such Equipment.

4.3 To use the Platform, you (and any of your users who will have access the Platform) will be required to create an account with Unacast (an “Account”). Any information submitted as part of the Account creation process must be accurate and complete and you are solely responsible for maintaining the completeness and accuracy of such information.  You shall be responsible for maintaining (and ensuring your users do the same) the security of your Account, including but not limited to, passwords and files, and for all uses of your Account with or without your knowledge or consent. If you provide any information that is false, untrue, inaccurate, not current, or incomplete, we have the right to suspend your access to your Account or terminate your Account. Account credentials may not be shared or transferred amongst users. You agree to notify us immediately in the event of any unauthorized use of or access to your Account, or if you suspect Account credentials have been compromised in any way. You shall promptly notify us when a user or individual is no longer with your organization so that we may disconnect the Account and restrict access.

4.4 We may make updates, modifications, or enhancements to the Platform from time to time and in our discretion. Any such updates, modifications, or enhancements to the Platform shall not materially diminish the functionality originally provided. You agree that the development, release, and timing of any features or functionality for the Platform are in our sole discretion and your use of the Platform is not contingent or dependent on the delivery of any future functionality, features, or other services or products.

4.5 We or any third party retained by us may, at our cost and upon prior reasonable written notice to you (including, not by way of limitation, e-mail), during normal business hours, audit your compliance with these Terms. Our right to audit shall survive the expiration or termination of the Agreement for a period of one (1) year after the date of such expiration or termination. We, or our third-party auditor, as applicable, will comply with your security and confidentiality policies in connection with such audit made known to us.

5. PROPRIETARY RIGHTS

5.1 Unacast owns and retains all right, title and interest in and to (a) the Services (including all Unacast Data and all Unacast Content thereunder), all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services, including, without limitation, support for the Services, and (c) all intellectual property rights related to any of the foregoing.  No licenses are granted by estoppel orby implication. Except for the licenses expressly granted to you here under, Unacast grants you no other right or license to the Services.

5.2 You may from time to time identify problems, solutions to problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Unacast (“Feedback”). You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Unacast shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Unacast under any circumstances relating to such Feedback.

5.3 Unacast may collect and use data reflecting your access and use of the Platform, including visit, session, impression, and click-through data (the “Usage Data”). Unacast owns and retains all right, title and interest in and to the Usage Data. Usage Data will be used solely for purposes of developing and improving the Services.  

6. FEES & PAYMENT TERMS

6.1 The fees payable shall be set forth in the Order Form (the “Fees”). Upon execution, and except as otherwise set forth herein, Order Forms are non-cancellable, Fees are non-refundable, and quantities licensed under the Order Form may not be decreased during the Term. The Fees shall escalate in accordance with the terms set forth in the Order Form. Unless otherwise agreed in an Order Form, Fees for the Services will be billed in advance and are due and payable within thirty (30) days of the invoice date. You are responsible for advising Unacast of any change in billing or contact information. Unless otherwise agreed in an Order Form, payments shall be made in U.S. dollars to an account specified by Unacast, in full without set-off, counterclaim, or deduction.

6.2 In the event you dispute an invoice, you shall submit such dispute in writing within fifteen (15) days of the date of the applicable invoice. Except for Fees disputed in good faith, any Fees not timely paid shall accrue late charges at the rate of one and one-half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by Law, whichever is less, from the date such payment was due until the date paid. You shall reimburse Unacast for any costs and expenses, including attorneys’ fees and court and administrative costs, incurred by us to collect any unpaid amount. Amounts due under an Order Form may not be withheld or offset against amounts due to you for any reason.  

6.3 All Fees and other charges specified in the Agreement are exclusive of all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including sales taxes, use taxes, and value added taxes) (“Taxes”). You shall be responsible for all Taxes related to the Services licensed to you under an Order Form, other than taxes related to our net income. If we have the legal obligation to pay or collect Taxes for which you are responsible, Unacast will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

7. TERM AND TERMINATION

7.1 The Agreement shall be effective on the Effective Date set forth in the Order Form and will remain in effect for the initial period identified in the Order Form and any renewal term(s) as may be set forth thereunder (the “Term”).

7.2 Each party may terminate the Agreement if the other party has breached a material term of the Agreement and has failed to cure such breach within thirty (30) days written notice by the non-breaching party. In addition, Unacast may take any actions it deems appropriate (including without limitation suspending or terminating your Account and your access to the Services), without notice to you, if Unacast suspects or determines that you may have (a) failed to comply with any provision of the Agreement (including non-payment), or (b) engaged in actions relating to or in the course of using the Services that may be illegal, violate applicable Law, or cause liability, harm, abuse or disruption for Unacast, the Services, or any third parties. 

7.3 Upon termination or expiration of the Agreement, (a) your access to and use of the Services will cease immediately, (b) your Account will be disabled, and (c) you shall promptly delete and remove all Unacast Data from your systems and may no longer continue to use such Unacast Data for any purpose, except as required by applicable Law or to the extent such Unacast Data has been incorporated into a derivative work prior to the effective date of termination or expiration. The terms herein shall survive with respect to any Unacast Data that is incorporated into any derivative works.  

7.4 The following will survive any termination of the Agreement:  Sections 5, 6, 7.3, 8, and 10 through 14 of these Terms.

8. CONFIDENTIALITY

8.1 You agree that you will not use in any way for your own account or the account of any third party, nor disclose to any third party, any Confidential Information revealed to you by us under the Agreement. “Confidential Information” means all information disclosed by us, directly or indirectly, in writing, orally, electronically, or in any other form, that is designated, at or before the time of disclosure, as confidential or proprietary, or reasonably understood to be confidential given the nature of the information or the circumstances of disclosure, including, without limitation, trade secrets, customer lists, business plans, technical data, product ideas, personnel, contract and financial information. In addition to the foregoing, Confidential Information shall also include the terms and contents of the Agreement, as well as the existence of the Agreement, our relationship hereunder, and any discussions or negotiations related to the Agreement. Confidential Information shall not include information which (can be demonstrated by written evidence that) (a) becomes a part of the public domain through no act, negligence or omission by you; (b) was in you lawful possession prior to the disclosure and had not been subject to limitations on disclosure or use; (c) is independently developed by you without use of the Confidential Information; or (d) is lawfully disclosed hereafter to you, without restriction, by a third party who did not acquire the information directly or indirectly from us or who was not subject to any restrictions with respect to the disclosed information. You agree that, except in connection with the performance of your obligations under the Agreement, you will not otherwise use in any way for your own account or the account of any third party, nor disclose to any third party, anyConfidential Information. Notwithstanding the foregoing, Confidential Information may be disclosed (i) to your officers, directors, employees, consultants, professional advisors, affiliates, and agents (the “Representatives”) who have a need to know for purposes of the Agreement and who are bound by written confidentiality obligations at least as restrictive as those set forth herein, or (ii) pursuant to a applicable Law, court order or rule of any applicable regulator or securities exchange (but only to the minimum extent required to comply with such Law, order, or rule and, to the extent not otherwise prohibited by Law, with advance notice to us). You shall take your best efforts to protect the confidentiality of the Confidential Information, such precaution not to be less than the precautions you take to protect the confidentiality of your own Confidential Information, and in no event shall be less than reasonable care. You shall be responsible for any breach of the confidentiality obligations hereunder by any of your Representatives to whom you disclose Confidential Information. You acknowledge that your breach of this Section may cause irreparable damage to us and hereby agrees that we shall be entitled to seek injunctive relief for breach of this Section, as well as such further relief as may be granted by a court of competent jurisdiction. Upon our request, or following termination of the Agreement, you shall return all copies of Confidential Information received hereunder or destroy such Confidential Information and certify such destruction, as requested by Unacast. Notwithstanding the foregoing, you may retain copies pursuant to automatic backups or as required by Law, provided that such retained Confidential Information shall remain subject to the confidentiality obligations hereunder.

9. SECURITY

During the Term, Unacast shall use commercially reasonable efforts to implement and maintain administrative, physical, and technical safeguards consistent with industry standards for the type of Services provided under the Agreement designed to protect the Services from unauthorized access, use, modification, or disclosure.

10. WARRANTY DISCLAIMER

10.1 YOU EXPRESSLY AGREE THAT USEOF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES AND UNACAST DATA ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, UNACAST MAKES NO WARRANTY THAT THE SERVICES OR UNACAST DATA WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE.  FURTHER, UNACAST MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

10.2 You further acknowledge (a) Unacast is not a backup service, and you are solely responsible for creating any backups of data, and (b) Unacast is not responsible for any decisions you may make based on the Services.

11. INDEMNITY

11.1 Unacast will indemnify you against any final judgment rendered against you, including, any losses, liabilities, damages, costs, and expenses, including award of reasonable attorneys’ fees (collectively, “Losses”) arising as a result of a third party claim, demand, or action (collectively, “Claims”) brought under United States law based on a finding that the Services infringe the United States intellectual property rights of a third party (“Infringement Claim”). The foregoing obligation shall not apply where such infringement: (a) relates to or is caused by use of the Services in combination with any other software, data, product, process, or material not provided by us, and the infringement would not have occurred but for the combination; (b) arises from or relates to any modification of the Services not made or authorized in writing by us; (c) use of the Services in an unauthorized manner or any manner inconsistent with any documentation we may make available to you; (d) use of the Services in violation of any Law; (e) your negligence or willful misconduct; or (f) where you (or your users) continue the activity or use constituting or contributing to the infringement after notification by us. If (1) you are enjoined from using the Services; or (2) the Services become, or Unacast believes the Services are likely to become, the subject of anInfringement Claim, then Unacast shall have the right, in its sole discretion, to (i) obtain for Customer the right to continue use of the Services; or (ii) replace or modify the Services so that they are no longer infringing. THIS SECTION 11.1 SETS FORTH UNACAST’S SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM.

11.2 You agree to indemnify, defend and hold Unacast and its affiliates or subsidiaries, or any of their directors, employees, agents, licensees or licensors (collectively, the “Unacast Parties”) harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees(including reasonable attorneys’ fees and court costs) arising out of or relating in any way to (a) your (or your users’) use of the Services, (b) information in your Account and any information you (or your users) submit, post or transmit through the Services, (c) your (or your users’) violation of the Agreement, (d) your (or your users’) violation of any Law, and (e) your (or your users’) violation of any rights of any other person or entity. 

11.3 The party seeking indemnification under this Section (the “Indemnified Party”) shall: (1) provide prompt written notice of the indemnity claim to the proposed indemnifier (the“Indemnifying Party”); (2) cooperate with the Indemnifying Party, at the Indemnifying Party’s expense, in the defense of such indemnity claim; and (3) give theIndemnifying Party the right to control the defense and settlement of such indemnity claim, except that the Indemnifying Party shall not enter into any settlement that affects the Indemnified Party’s rights or interest without the Indemnified Party’s prior written approval. The Indemnified Party shall have the right to participate in the defense and retain its own legal counsel at its own expense.

12. LIMITATION OF LIABILITY

12.1 UNDER NO CIRCUMSTANCES WILL UNACAST PARTIES BE LIABLE TO YOU, ANY OF YOUR USERS OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR UNACAST DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR ANY OTHER LEGAL THEORY.

12.2 A UNACAST PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID UNACAST FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

12.3 SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE UNACAST PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12.4 EACH PROVISION OF THE AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THE AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY UNACAST TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE AGREEMENT. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE AGREEMENT.

13. EXPORT CONTROL

You may not remove or export from the United States or allow the export or re-export of the Services and/or Unacast Data, or any direct product thereof in violation of any restrictions, Laws of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

14. NOTICES

If you have any questions or would like to speak with us regarding changes to your personal information, please email us at legal@gravyanalytics.com:

Unacast
44679 Endicott Drive, Suite 349
Ashburn, VA 20147

15. MISCELLANEOUS

15.1 The Agreement is not assignable, transferable or sublicensable by you except with Unacast’s prior written consent. Unacast may transfer and assign any of its rights and obligations under the Agreement without consent.

15.2 All notices shall be sent by registered post, return receipt requested, to the specified address in the Order Form, orby email to the designated email address and shall be deemed to have been given as of the time recorded by the delivery service. Either party may provide updated notice addresses with written notice to the other party. You acknowledge and agree that notices posted on the Platform or sent by email satisfy any legal requirement that notices be in writing.

15.3 The Agreement shall be governed by the laws of the State of New York without regard to conflict of laws provisions thereof.  Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be New York County, New York, United States. The number of arbitrators shall be one (1). The language to be used in the arbitral proceedings shall be English. Nothing contained in the Agreement shall deny either party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm and such an action may be filed and maintained notwithstanding any ongoing arbitration proceeding.

15.4 THE PARTIES TO THE AGREEMENT KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT THAT EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THE AGREEMENT.

15.5 Subject to any applicable Law to the contrary, you agree that any cause of action arising out of or related to the use of our Services and/or Unacast Data must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

15.6 You hereby grant Unacast a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your company name, and company logo for Unacast’s promotional purposes (such as on our Platform, on third-party websites, and in marketing presentations, etc.).

15.7 All rights and remedies available to Unacast, pursuant to the Agreement or otherwise, at Law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Unacast. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Unacast, to claim a beneficial interest in the Agreement or any rights occurring by virtue of theAgreement. No agency, partnership, joint venture, or employment is created as a result of the Agreement and you do not have any authority of any kind to bind Unacast in any respect whatsoever. The failure of either party to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default by the other party shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement. Any term or condition contained in customer’s purchase order is void and shall be of no effect on the parties. An Order Form may be executed in multiple counterparts and may be signed electronically.

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