Conceptual Minds Notice of Marketing Practices

Background

This document is intended to serve as a resource to explain Conceptual Minds’ privacy practices with respect to our various products, including how we use cookies.  It is your obligation to ensure that your privacy policies permit the actions taken by Conceptual Minds as described below.  If you need suggestions on how to make your privacy policy consistent with the actions taken by Conceptual Minds, please contact your Conceptual Minds representative.  However, please note that any language provided by your Conceptual Minds representative will be for illustration purposes only.  You have to determine what language is appropriate for your site.

Privacy Implications of our Products

Reverse Proxy. A key component of our pay-per-click technology is what we refer to as reverse proxy.  Reverse proxy enables us to provide you with transparency into the success of your advertising with Conceptual Minds.  Through reverse proxy, when a consumer clicks a link to your website through one of the ads we place for you, our router calls your site and redisplays the site (under a slightly different URL) to the consumer with a few important changes.  We change the phone number to a number that we have provisioned on your behalf.  This enables us to provide you with caller ID information and to record the calls so that you and we may assess the quality of the leads that you are getting through our advertising.  We always play a recording in advance of the call notifying the consumer that the call is being recorded so that the consumer may hang up if he or she does not want to be recorded.  In addition, you must notify all of your employees that their calls may be recorded and ensure that such recordings and notifications comply with all laws, regulations and practices relevant and/or applicable to you or your business.

We generally replace email links with web based email forms. By using the email forms we are able to show you how many emails are attributable to our advertising services.  We are also able to forward you the emails if, for some reason, you do not receive them or have mistakenly deleted them.  It is worth noting that Reverse proxy is not the same as creating a mirrored version of a site.  We’re only redisplaying your site with the changes discussed above.  Related to this point, if you have links to third party sites on your site, such links will also be run through our proxy servers.  We can deactivate such proxying of third-party links if you request us to do so.

In connection with implementation of reverse proxy, we also collect the referrer URL (which is the URL for the site that the consumer was viewing prior to visiting your site), and the consumer’s browser type (such as Google Chrome or Internet Explorer), internet protocol (IP) address, and date and time, and may use cookies and web beacons as further described below.

Capture Code. Capture Code is code that enables you to monitor the efficacy of our advertising campaigns by tracking visits and activities on your site.  Much in the same way that Reverse Proxy tracks activity on the proxy version of your site (see discussion above), Capture Code tracks the same activity on your native site.  In addition, Capture Code will also collect the referrer URL, which is the URL for the site that the consumer was viewing prior to visiting your site, and the consumer’s browser type (such as Google Chrome or Internet Explorer) and internet protocol (IP) address and allow the application of cookies and web beacons by us and our third-party publisher platforms.

Search Marketing/Targeted Display/Social Ads. Our Targeted Display  and Social Ads products use web beacons (also known as web bugs, pixel tags, tracking pixels, or clear gifs) which cause “cookies” or similar technology to be stored on a visitor’s browsers when they visit or view your site or other content served by or on behalf of your site on other web sites or applications.  This is necessary to provide the appropriate services.  In addition, the web beacons will provide for the collection of the referrer URL (which is the URL for the site that the visitor was on prior to visiting your site), and the visitor’s browser type (such as Google Chrome or Internet Explorer), IP address, and date and time of the visit. The collection of this data allows us to better target advertising to visitors’ interests. The data also allows us to provide improvements to our services, such as improving the effectiveness of the advertisements delivered to visitors and determining the number of times a visitor sees a given advertisement. Capture Code and our reverse proxy technology may implement such tracking when installed (or implemented in the case of proxy) to better permit us to deliver Retargeting, Targeted Display and Social Ads and other products or services when enabled. In order to optimize the targeting and performance of your Media Products or recommend other marketing services, we may also perform automated scans and collect text data and publicly available content from your website and/or the specific URL to which you direct your campaigns. The data collected from such scans is deleted automatically if you cease to be a Conceptual Minds customer or upon request. You may also opt out of this data collection at any time.

Some of our media products, such as in-app Targeted Display, utilize publishers that use location data, or that identify users’ devices using hardware, operating system or other identifiers, to deliver targeted ads to visitors. Visitors can opt-out of location-based tracking using the settings on their device and can also limit tailored ads using the “Limit Ad Tracking” settings on their device. We do not control, and are not responsible for, a given publisher’s privacy practices.

Please make sure that you make appropriate revisions to your privacy policy, if necessary. For Social Ads, you should direct your visitors to adjust their ad preference and/or privacy settings on Facebook, if they would like to opt out.  You understand and acknowledge that you are solely responsible for any liability resulting from your failure to ensure that your privacy policy is adequate.

Client Center. Client center with lead management is a marketing system that combines a customized website that utilizes the Capture Code, automated lead management software, and a powerful mobile app. Client Center with lead management captures your leads, notifies you of new leads, reminds you to follow up and take action, and can automatically send out auto-response and nurturing emails to your leads based on your account settings.  Client Center with lead management collects, in one place, contact and other information from inbound calls, web forms and emails submitted by consumers.  You can augment the contact information by editing it directly in the Client Center with lead management system and by uploading other contact information and customer data that you may have.  Online forms that contain areas for notes from consumers are also captured, and such notes may contain personal information.  If you are using phone call recording in connection with Client Center with lead management, links to the recorded calls are accessible online or through the mobile app.  Recipients of emails sent using Client Center with lead management can unsubscribe by clicking the unsubscribe link included in every email.  See above for a discussion of the privacy implications of the Capture Code.

Custom Tracking.  Our custom tracking product utilizes our reverse proxy technology to track your online and offline advertising through call and web tracking. Call tracking utilizes a trackable phone number that enables us to provide you with caller ID information and to record your phone calls. Web tracking tracks page views, emails and web forms, so that you and we may assess the quality of the leads that you are getting through your advertising campaigns. See above under “Reverse Proxy” for more information on our reverse proxy technology.

Social Media Marketing.  Our Social Media Marketing product seeks to build your brand throughout the web by creating and casting content and social updates about your business and listening and engaging with consumers talking about your business online.  Social Media Marketing collects information that personally identifies your website visitors, such as name, business name, address, telephone number, username, e-mail, payment information, and other personally identifiable information that your website visitors choose to provide you.

Please note that Conceptual Minds and any of our third-party providers retain the ability to access all information that is retained while managing digital ad campaigns for purposes of quality assurance and campaign assessment.

Cookies and Web Beacons

In connection with our products, we utilize “cookies”, web beacons and other tracking technologies and may also permit third parties to do so.  Cookies are text files containing small amounts of information that are downloaded to a user’s device when the user visits a website (including when using one of our online software solutions). Cookies are later sent back to the originating website on the user’s subsequent visits to that website. Web beacons are tiny and/or invisible graphics with a unique identifier, similar in function to cookies, that we and our third-party publishers place on your site, the proxy site and other publishers’ locations that host or may host your ads. When users access these pages, web beacons generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If a user turns off cookies the web beacon will simply detect an anonymous website visit.

Cookies are useful because they allow a website to recognize a user’s device. Cookies allow your website visitors to navigate between pages efficiently, the website to remember preferences, and us to generally improve the user experience. Separately and in conjunction with web beacons from us and our third-party publishing partners, they can also be used by us and our third-party publishing partners to tailor advertising to the consumer’s interests through tracking of browsing across websites, report about the effectiveness of that advertising, and determine which consumers to target marketing products and services.  Cookies may be disabled by following the instructions for specific browsers set out here. However, some of our products may lose functionality if the cookies are disabled.

Your Obligations

It is your obligation to ensure that you maintain a privacy policy on your site(s) and that such privacy policy does not impose obligations or conditions that are inconsistent with the Conceptual Minds products and services that you are purchasing. We may from time to time provide you with a template to help you create privacy. You understand and acknowledge that this template should NOT be construed as legal advice or used as a substitute for seeking professional legal advice. The drafters and providers of this template are not responsible for the use of this template or any information or absence of information in this template.

Your Use of our Products

In connection with your purchase of our products, you voluntarily give us certain information such as a name, physical address, phone number, email address and payment information. In addition, as you use our products we collect information from your website visitors and customers as described above and we also collect certain technical information such as log data (your IP address, browser type and settings, the date and time of your request, clickstream patterns, and other cookie data) and device information (your device type, operating system, settings, unique device identifiers and crash data).

We use the information we collect to provide our products to you and also to make them better and develop new products. The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We may use or store information wherever we do business, including countries outside your own. You can review, correct, update, or change your personal information, or opt out of our direct marketing efforts, by changing the relevant account settings (as available). You may also set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our products may not function properly or may be slower if you refuse cookies. While our products do not currently respond to ‘Do Not Track’ signals submitted by your browser, you can opt out of the advertising cookies from our third-party publishing partners at any time by simply visiting https://conceptualminds.com/opt-out-preferences/ to adjust your preferences. You and your users can find out more about your ‘Do Not Track’ options by visiting http://www.allaboutDNT.com. If a user does not opt out of such tracking, the cookies and web beacons we install from our partners shall be subject to their terms and conditions and privacy policies. A list of our current such partners can be found at https://conceptualminds.com/opt-out-preferences/. In order to stop all on-going tracking by Capture Code, and the third-party cookies and web beacons included within Capture Code, Capture Code must be removed from your site.

We may sometimes use other businesses to perform certain services for us, which may include handling or processing personal information when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to ensure that these third-party service providers are obligated to protect personal information on our behalf. We will not sell or share your personal information with any unaffiliated third parties for marketing purposes. In the event that Conceptual Minds or all of its assets are acquired, all of the data collected by us through your use of our products and through other means and services provided by Conceptual Minds would be among the transferred assets. We reserve the right to disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose such information when we believe in good faith that the law requires it.

Posting a Privacy Policy or Similar Disclosure

We may, from time to time, include a link on our products to web page(s) that provides disclosure of our privacy practices, though we’re not obligated to do so.

Changes to this Document

We may update this document from time to time and we would encourage you to review the document to stay informed.

Last updated on September 15, 2019