SpotXchange – Online Video Advertising

Privacy Policy

This privacy policy (Privacy Policy") explains the data practices of SpotXchange LLC. ("SpotXchange", "us", or "we"). As a general description of our services, SpotXchange is a hosted advertising management platform that provides targeted advertisement insertion and scheduling, campaign management and reporting on a real time basis primarily used in the monetization of online video content. Part I of this Privacy Policy describes our data practices with respect to information we collect about our customers and other visitors to the Website ("Customers"), while Part II describes our data practices with respect to information collected by our Customers using SpotXchange's ad serving services. The general provisions in Part III apply to our data practices in both Part I and Part II.

As used in this Privacy Policy, "Personal Information" means information about you that is personally identifiable to you, such as your name, address, email address, phone numbers, or credit card number, as well as other non-public information that is associated with the foregoing. "Anonymous Information" means information that cannot identify a particular person.

Part I

This Part I describes SpotXchange's use of Personal Information and Anonymous Information that we collect when you or your representative use our Services. By visiting the SpotXchange website, located at http://www.spotxchange.com (the "Website"), and/or using our service (the Website and services we offer are collectively referred to as the "Services"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy. As used in this Part I, "you" and "your" refer to the employees or contractors of SpotXchange's Customers.

1. COLLECTION OF CUSTOMER-PROVIDED INFORMATION

The individuals who represent SpotXchange's Customers or potential Customers ("Business Contacts") may voluntarily provide their contact information and related data, including Personal Information, to SpotXchange by various means, including telephone, email, postal mail, the "Sign Up" button for Advertisers, the "Apply" button for Publishers, or other means. The Personal Information submitted to SpotXchange is used to communicate with and provide services for Customers. SpotXchange corrects or updates Personal Information when requested to do so by the applicable Business Contact.

When a Business Contact accesses reports through SpotXchange's servers, or otherwise uses the SpotXchange platform, certain information may also be collected passively, including your Internet protocol (IP) address, browser type, and operation system. SpotXchange also stores a small text file called a cookie ("Cookie") on your computer. Each Cookie has a unique identifier ("Cookie ID") that enables us to recognize your login information and personalized settings. SpotXchange may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). SpotXchange also uses Cookies, and other navigational data that is passively collected, to gather information about your visit to the Services and the information which you searched and viewed on the Services. Most browsers are initially set up to accept Cookies, but you may reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, some features of the Services may not function properly if your Cookies are disabled.

We may receive Personal Information about you from other sources like telephone or fax, or from third parties that provide services for us in connection with the Services. We may add this information to the information we have already collected from you via our Services.

2. USE OF CUSTOMER-PROVIDED INFORMATION

In general, Personal Information you submit to us is used by us either to register you for our Services, respond to requests that you make, communicate with the Customer for whom you work regarding the Services (including for invoicing purposes), to improve our Services and to better tailor the features, performance and support of the Services, and to offer you additional information, opportunities, and functionality. If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

We may provide Personal Information to third parties to the extent such third parties provide operational assistance (i.e., outsourced or third party services) to SpotXchange and then only for that purpose. Examples of such third party services include sending e-mail, providing marketing assistance, processing credit card payments, and providing customer service. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant). SpotXchange is currently under common control with Booyah Networks, Inc., but otherwise does not currently have a parent company, any subsidiaries, joint ventures, or other companies controlling, controlled by or under a common control with Booyah Networks, Inc. (collectively, "Affiliates"). SpotXchange may share some or all of your Personal Information with current or future Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

SpotXchange may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns so that we may enhance our Services. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. This Anonymous Information may include, but is not limited to, browser type, URLs visited, and search terms entered.

Part II

This Part II describes SpotXchange's use of Personal Information and Anonymous Information that our Customers collect while using SpotXchange's video advertisement serving technology. As used in this Part II, "you" and "your" refer to individuals who visit websites that use SpotXchange's video advertisement serving technology.

1. WHAT IS AD SERVING?

In order to support their content without charging visitors, websites sell advertising space on their Web pages or within video content streamed on their Web pages. Companies like SpotXchange provide technology for the website publishers and advertisers to display or stream ads on the websites. SpotXchange's ad servers work at the direction, and on behalf, of our Customers.

When you visit a website, your computer's Internet browser transmits a "request" to that website's server, "asking" that server to send you the Web page that you are seeking. Most Web pages contain components that are pulled from different sources. For example, a Web page at a news site may get its weather section from one provider, its sports results from a different source, and advertisements from other servers.

If the website is using SpotXchange's technology to display ads on its site, the Web page will contain coding that directs your browser to fill the ad space on the Web page with content from one of SpotXchange's ad servers. SpotXchange's auction-based exchange for streaming video ads enables advertisers to target their campaigns against particular contextual, geographic and demographic criteria associated with website publisher properties, and bid an amount they are willing to pay for this targeted impression. Each time a SpotXchange publisher queries our platform for an ad, SpotXchange serves the most valuable advertisement to the publisher's ad slot.

2. COLLECTION AND USE OF AD-SERVING INFORMATION

Each time one of SpotXchange's servers receives a request for a video advertisement, Anonymous Information about the request received and the advertisement itself—for example, the date, the time, the geography of the user based on their IP address, the website to which the ad or image was delivered, the Cookie ID to which the ad was shown, the operating system which the browser was using—will be recorded.

The Anonymous Information that is recorded on the SpotXchange servers by our Customers' use of our technology belongs to our Customers, specifically the website publishers. Although such information may be logged on a SpotXchange server, our relationship with the Customer is that of an agent or processor. SpotXchange has the right to use statistical or aggregate information derived from Customer's use of the technology—e.g., statistics about the number of video ads served through the technology per month or analyses about what time of day is the best time to target certain types of video ads. While we cannot and do not sell this ad-serving information to other companies, we can use our aggregate analyses about the effectiveness of ad campaigns to help our Customers develop more efficient and successful campaigns.

SpotXchange's ad-serving technology utilizes only Anonymous Information. Some of our Customers may associate Personal Information that you have given them (for example, a customer number, if you have registered at or purchased from their websites), with their advertising campaigns. Although this customer number may be passed from the client to SpotXchange's ad servers during the ad delivery process, we cannot recognize this information as Personal Information and cannot link it to any person.

Part III

As used in this Part III, "you" and "your" refer to both SpotXchange's Customers and individuals who visit websites using SpotXchange's video advertisement serving technology.

1. SECURITY AND CONFIDENTIALITY

SpotXchange has put in place commercially reasonable physical, electronic, and organizational procedures to safeguard and secure the information we collect online. However, no company, including SpotXchange, can fully eliminate security risks associated with Personal Information.

We may disclose Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the visitors and users of our Services, or third parties.

2. SUCCESSORS

In the event SpotXchange goes through a business transition such as a merger, acquisition or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred or assigned. You acknowledge that such transfers or assignment may occur, and that any acquirer of SpotXchange, or of all or a portion of its assets, may continue to use your Personal Information as set forth in this Privacy Policy. You hereby consent to SpotXchange sharing your Personal Information under the above circumstances.

3. CHANGES IN THIS PRIVACY STATEMENT

We reserve the right to modify this Privacy Policy at any time. If we make material changes to it we will post those changes to this Privacy Policy, the Website, and other places we deem appropriate so that you are aware of what Personal Information we collect, how we use it, and under what circumstances, if any, we disclose it.

4. QUESTIONS

If you have any questions or suggestions regarding this Privacy Policy, please contact us at support@spotxchange.com. This Privacy Policy was last updated in March 2008.