Privacy Policy Statement

Last Updated:   February 18, 2014


LinkShare Corporation, on behalf of itself and its subsidiary, LinkShare Limited (“LinkShare Corporation” and “LinkShare Limited” are hereinafter collectively referred to as “LinkShare” or “we” or “us”) uses these websites, www.linkshare.com and www.linkshare.co.uk to promote or operate our families of advertising services.  The word “our” is a possessive pronoun referring to LinkShare. 

While certain areas of this website may be accessed and viewed by members of the public, not all visitors to this website may use our networks.  Each LinkShare network is available for use only by persons or entities that join that network as either an “Advertiser” or a “Publisher.”
Only persons or entities that operate websites through which they conduct a business are eligible to become Advertisers. Publishers must be corporations or other legal entities or adults (at least of the legal age to be able to enter into contracts in the jurisdiction in which they reside) that also manage or operate websites which they use to conduct a business or generate revenues. In order to become an Advertiser or Publisher, a person or entity must apply for membership and have the application accepted by LinkShare, which includes accepting certain contractual terms.

Information Collected from Visitors to this Website


We gather standard information that accompanies internet transmissions, which in some jurisdictions is personally-identifiable information.  Other than this information, we do not gather personally-identifiable  information about or from visitors to or users of this website solely as a result of such visits or usage, other than from (i) people requesting to be contacted with more information about LinkShare offerings, (ii) persons or entities whom we allow to join a network as an Advertiser pursuant to a written contract that we and the Advertiser sign and physically deliver (an “Advertiser Agreement”) and (iii) persons or entities whom we allow to join a network as a Publisher pursuant to an “online” contract that the Publisher can review on the Publisher registration page on this website and agree to by clicking on a button on that page or other agreement between us and the Publisher (a “Publisher Agreement”). We use the personally-identifiable information submitted with inquiries about LinkShare’s offerings to respond to those inquiries.

Our servers log the standard information that accompanies Internet transmissions, like the date and time of a visit, browser type, IP address, domain names, access dates and times, referring website addresses and operating system.  We use the services of a third party to analyze information about how visitors use our website. This third party uses web tracking technology such as, but not limited to, cookies, Javascript and/or other kinds of Web beacons. We have no control over this third party’s tracking devices.  We receive only aggregated, non-personally-identifiable information generated by this tracking technology. LinkShare may store cookies on a visitor’s computer in order to manage a visitor’s session on our site. By accessing our site, you agree that LinkShare may place cookies on your computer and our third party may use web tracking technology, in each case, as described above. You may opt-out of receiving cookies by adjusting your web browser settings to reject cookies. If you reject cookies, you may not be able to take full advantage of all of the features of our site, including “signing in” to password protected areas. A detailed summary of cookies can be found below under “Data about Customers of Advertisers and Publishers.”

Our networks are membership-based, and members must enter into a legal contract with LinkShare in order to join and use our networks.  Each of our contracts with Advertisers and Publishers contains terms that set forth the obligations of LinkShare with respect to the use and disclosure of the information that we gather from our Advertisers and Publishers.  Advertisers and Publishers should refer to those terms and not to this Privacy Policy.

Children’s Information

We believe it is important to provide added protection for children online.  We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity.  LinkShare does not knowingly collect any personally identifiable information from children under the age of 13.  If a parent or guardian believes that LinkShare has in its database the personally-identifiable information of a child under the age of 13, please contact privacy@linkshare.com and we will use our best efforts to remove the information from our records.

Information  about Advertisers

We use a “template” form of contract to enroll Advertisers.  That template changes from time to time and is accessible only by Advertisers or prospective Advertisers. We do not publish our template Advertiser Agreement on this website or make the incorporated network policies that are posted on this website available to the public.  We do provide the template and access to the incorporated network policies to prospective Advertisers with whom we are interested in pursuing a network relationship. Each such prospective Advertiser is encouraged, and has the opportunity, to review the template and any incorporated policies, including the terms that define the respective obligations of LinkShare and the Advertiser regarding use and disclosure of confidential information and privacy. 
LinkShare’s rights and obligations with respect to the disclosure and use of the information we gather about any Advertiser are governed by the Advertiser Agreement that we and the Advertiser sign.

Information about Publishers

In order to join a network as a Publisher, a person or entity has to apply for membership by completing an “online” application on this website.  The online application requires personally identifiable information about the applicant. The application form may be viewed by clicking on the Publisher registration page of this website. Besides the information that we gather by means of the online application, we may obtain a great deal of personally- identifiable information about a Publisher through a variety of online or offline means. That information includes the Publisher’s contact information, Taxpayer Identification Number (which may be an individual’s Social Security Number) and VAT registration numbers (for non-U.S. networks), as well as information about the business conducted by the Publisher on its website related to the use of our networks, including information about the online marketing strategies and plans and the kinds and volumes of transactions conducted through our networks generally and with specific Advertisers. We may use third party vendors to authenticate and/or supplement the information a Publisher applicant submits.

LinkShare’s rights and obligations with respect to the disclosure and use of the information we gather about any Publisher are governed by the Publisher Agreement that we enter into with that Publisher. Usually, that Publisher Agreement is an “online” form that, as a condition to joining any of our networks, we require each Publisher to accept by clicking on a button on the Publisher registration page of our website used for the particular network. In a few special cases, the Publisher Agreement may be a paper document that is manually signed and physically delivered. We post on the Publisher registration pages of this website our “template” form of contract by which we enroll Publishers. That template changes from time to time and may incorporate policies that we also publish on this website. Each prospective Publisher is encouraged, and has the opportunity, to review the template and any incorporated network policies, including their terms that define the respective obligations of LinkShare and the Publisher regarding use and disclosure of confidential information and privacy. 

All applications for membership as a Publisher are subject to LinkShare’s acceptance. If we do not accept an application, then we may (but have no obligation to) retain the information that the applicant provided in the online application.  Retention of such information may be restricted under applicable laws, and we will delete information in accordance with these laws. We will not disclose this information to third parties except as follows:

  • We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.
  • We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.
  •  In the event that LinkShare sells or transfers ownership, operation or control of any or all of its Networks or engages any subcontractor or agent to operate any Network or provide any service related to any Network, LinkShare reserves the right to transfer or disclose all or any part of its data to the buyer, subcontractor or agent.
  • In the event that LinkShare is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control.

If we accept an application for membership in a network as a Publisher, we do retain the information that the applicant provided in the online application. We may also obtain other information about our Publishers during the course of their usage of our networks, including, but not limited to, information about the volumes of business they conduct through the Network with Advertisers or others. We may, but are not obligated to, retain the information that we obtain about any Publisher after that Publisher leaves the Network.

We may use and disclose the information we have or acquire about any Publisher as provided in the Publisher Agreement, which such Publisher enters into with LinkShare. The template form of Publisher Agreement gives LinkShare broad discretion in using and sharing the information that Publishers provide to us, including the right to furnish any or all of that information to Advertisers or other third parties. LinkShare is not responsible or liable for any use or disclosure by any Advertiser or other third party of information about any Publisher that we furnish.

Some of the services we offer allow a Publisher to enter into a direct business relationship with an Advertiser.  For example, if an Advertiser engages us to manage its affiliate marketing program through our affiliate marketing network, the Advertiser will have the ability to make a general offer to all Publishers in the affiliate marketing network, and Publishers will have the ability to apply directly to the Advertiser's affiliate marketing program.  In order to participate in that Advertiser's affiliate marketing program, each Publisher must separately apply to join that program and then must be accepted into that program by the relevant Advertiser. An Advertiser may require a Publisher applying to or participating in its program to provide information directly to the Advertiser.  Any Advertiser’s use of Publisher data, however obtained, is governed by that Advertiser’s own contract, if any, with that Publisher and by its own privacy policies, if any. LinkShare is not responsible or liable for any use or disclosure of any such information by the Advertiser or any third party. If the Advertiser provides LinkShare with any data about any Publisher, then that Advertiser is solely responsible for ensuring that its provision to us is consistent with that Advertiser’s own privacy policy, own contract with such Publisher, applicable legal requirements of other obligations or commitments of such Advertiser to such Publisher. To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any Publisher with regard to any use, storage, processing or disclosure of any data about that Publisher that LinkShare obtains from any Advertiser or any third party.
 
Data about Customers of Advertisers and Publishers

In providing our affiliate marketing, search management and related services, LinkShare does not deal directly with the customers of Advertisers or Publishers. We enable Advertisers and Publishers to create links between their own websites. A visitor who clicks on an Advertiser’s banner or other promotion on a Publisher’s website is redirected, through our website, to the Advertiser’s website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Publisher to compensation from the Advertiser. As a result of such redirection through our website, our technology automatically records the IP (Internet Protocol) address of the browser used. In addition, during such redirection, we may place one or more “cookies” on the hard drive of the visitor’s computer through his or her Web browser.

Cookies are alphanumeric identifiers that enable the systems used by the website operator who places the cookie to recognize the visitor’s browser. In connection with certain features of our services to Advertisers, we use cookies in order to determine whether and when a “cookied” Web browser is used to return to the Advertiser’s site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or click-throughs to a website and to determine whether the same browser has accessed more than one site on our network, but do not permit us to determine the identity of any user of that browser or gather any other personally-identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number. To learn more about cookies, click these links:

www.iab-performance-marketing-explained.net
http://www.allaboutcookies.org
For Microsoft Internet Explorer: http://www.microsoft.com/infor/cookies.htm
For Mozilla Firefox: http://support.mozilla.com/en-USkb/Options+window+-
Google Chrome: https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies
 
In order to provide reports to an Advertiser and the Publishers in its Publisher program conducted through one of our networks, we need basic data about the kinds and volumes of Web user activities that occur as a result of the links created through that network, but we do not need data that identifies or permits the identification of any customers or website visitors of an Advertiser or Publisher.  Other than IP Address, we do not intentionally obtain any personally-identifiable data about any of such customers or visitors through our technology or services, unless the Advertiser or a Publisher elects to furnish it to us or authorizes us to obtain that data and to the extent that IP  Address is used or disclosed, our rights and obligations with regard to that information is defined by our contract with the particular Advertiser or Publisher. We use IP Address for fraud/verification purposes (not for targeting purposes) or to extract non-exact geographical information; such information may be shared with Advertisers for reporting purposes and to give our Advertisers more information about the performance of their advertising campaigns. We do not, through this Privacy Policy or otherwise, make any promise or undertake any obligation directly to any user of any Advertiser’s or Publisher’s website with regard to any use or disclosure of information that a user furnishes directly to any Advertiser or Publisher.  Each Advertiser and Publisher is solely responsible for establishing its own privacy policy, communicating that policy to the users of its website and ensuring that any access to, processing, storage and use by LinkShare, in accordance with the applicable Advertiser Agreement or Publisher Agreement, of any data about those users are consistent with that Advertiser’s or Publisher’s own privacy policy, applicable legal requirements of other obligations or commitments to such users.  To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any user of any Advertiser’s or Publisher’s website of any nature, including with regard to any data about that user that LinkShare obtains, processes, stores, uses or discloses.

Lead Generation

LinkShare may employ a number of different methods to generate leads on behalf of its Advertisers, including publishing its own Websites to promote the products and services of Advertisers ("Proprietary Sites").  Some of our Proprietary Sites may host Web forms that can be used by visitors to or users of that site to request that they be contacted with more information about an Advertiser or category of Advertisers promoted on that site.  Each Proprietary Site is managed separately from this site and will have a separate privacy policy that will govern the use and collection of information on that site.

Display Media/Targeting Services

In LinkShare Networks operated in the United Kingdom (or in other territories in the EU), LinkShare through its provider, MediaForge, provides display media/targeting services to present advertisements on our behalf of our Advertisers.  MediaForge collects anonymous usage data from users through the use of use cookies, web beacons, or similar technologies (i) to present advertisements tailored to interests users have shown while browsing on an Advertiser site, (ii) to determine whether users have seen a particular advertisement before so as to avoid sending such user duplicate advertisements, and (iii) to understand the patterns of users who see advertisements. In doing so, MediaForge collects anonymous non-personal data such as browser type, operating system, websites you have visited, the time of the visits, the content viewed by the user, ads viewed by the user, and similar information. MediaForge may connect information about the user’s visits on the Advertiser’s website with information about such end user’s visit on other ad network partner websites in order to tailor advertisements to the user based on this combined information. We may share anonymous, non-personal, summary, or aggregate customer data with Advertisers, MediaForge and other third parties. The use of cookies, web beacons, and similar technologies by these Advertisers, MediaForge and ad network partner websites are governed by their own privacy policies. If you wish to not have your information used to deliver targeted personalized advertising, you may opt-out of some companies personalized advertising services by visiting http://www.aboutads.info/choices/ or http://preferences-mgr.truste.com/ or http://www.networkadvertising.org/choices/.  For more information about MediaForge and its privacy policy found at http://mediaforge.com/privacy.

Do Not Track

There is currently no universally recognized standard for Do Not Track signals.  Accordingly, at this time, cookies used on our website and used in providing our services do not respond to any Do Not Track signals or browser settings.  You may opt-out of receiving cookies by adjusting your web browser settings to reject cookies.  A detailed summary of cookies can be found below under “Data about Customers of Advertisers and Publishers.”
Security

We have implemented reasonable security measures in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction.  These include firewalls, data encryption redundancy and intrusion detection.  Our employees are made aware of and are accountable for compliance with these procedures.  Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.  As a result, although we strive to protect your information, we cannot ensure or warrant the security of your information against any possible loss or unauthorized access.

Your California Privacy Rights

California Law permits our customers 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 contact us by email, privacy@linkshare.com or write to us at the address listed under Contact Information.

Transfers from the EU

If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, including those whose privacy laws may be more strict than U.S. law, please note that you are transferring your personal information to the United States to LinkShare. You may revoke this consent at any time by contacting LinkShare at the address indicated below, although this may require LinkShare to restrict your use of the Site.
 
Changes to Our Privacy Policy

LinkShare reserves the right to change or replace this Privacy Policy at any time and from time to time. Any changes or replacement will be noted through indications on this Privacy Policy.  If we have a way to do so, and your consent to do so, LinkShare will contact you by email in the event this privacy policy is materially changed.  You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide personal information to LinkShare you limit how such information will be used to communicate with you, either by LinkShare or by third parties, LinkShare will not change your preference in this regard without your express consent.

In the event that LinkShare sells or transfers ownership, operation or control of any or all of its Networks is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. You agree that LinkShare may provide to such entity information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent.  Any entity acquiring assets comprising or consisting of your information shall agree to handle such information in accordance with the terms of this Privacy Policy.  In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.
 
Questions and Comments about Our Privacy Policy/Removal or Correction of Information

Persons already enrolled as an Advertiser in one of our Networks who have questions or comments about this Privacy Policy or the relevant provisions of their Advertiser Agreements should contact their Advertiser Services representatives. Prospective Advertisers should contact their LinkShare client development manager to discuss any such questions or comments.

Existing or prospective Publishers and others who have questions or comments about this Privacy Policy may contact us by email at http://www.linkshare.com/support.

Consumers with questions about our privacy practices or who wish to have their personal data corrected or removed may contact us by email at ls-privacy@linkshare.com.
 
Contact Information

Our postal address is
215 Park Ave. South, 9th Floor
New York, NY 10003
 
The European data controller for purposes of this Policy is LinkShare Limited.  If you are within the European Economic Area, you may contact the European data controller at the following address:
16 Holborn, 4th Floor
London WC1V 6BX
ENGLAND
 
Safe Harbor

LinkShare complies with the U.S.-EU Safe Harbor Framework and U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  Our privacy practices are consistent with the European Union Data Protection Directive and the U.S. Department of Commerce Safe-Harbor Program Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view the company's certification, please visit http://www.export.gov/safeharbor/.
 
Dispute Resolution

In compliance with the Safe Harbor Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information.  European Union citizens with inquiries or complaints regarding this privacy policy should first contact: ls-privacy@linkshare.com. LinkShare has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, operated by TRUSTe. Thus, if you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by LinkShare you may raise your complaint with TRUSTe by Internet at https://feedback-form.truste.com/watchdog/request,  fax to 415-520-3420, or mail to Watchdog Complaints, TRUSTe, 55 2nd Street, 2nd Floor, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here at http://www.truste.com/products-and-services/dispute-resolution-services/ or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.




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