Effective as of 12:00 on June 20, 2016
Privacy and data security are important to us at Grok+Banter. We will never share personal information about our Users with third parties and we will not
allow other social media platforms to connect with Grok+Banter and take such personally
identifying information about our Users.
1. GENERAL PROVISIONS
1.2Grok+Banter. Grok & Banter, Inc. and its
subsidiaries and affiliates (collectively, “Grok+Banter”), a Louisiana Corporation,
operates the Site as a data capture and analytics platform that allows individuals to measure their
placement and creative in real time through a distributed network of embedded devices. Grok+Banter
is not owned, operated, controlled, or sponsored by any advertising entity, media company or brand
agency. It is a platform that enables the aforementioned to measure the placement and
(“Users”). Viewing the Site “Use”for the purposes of this Privacy
1.3.1Age; COPPA. In compliance with the Childrens
Online Privacy Protection Act (“COPPA”), Grok+Banter makes the following disclosure.
Grok+Banter will not knowingly collect personally identifiable information from any person
under thirteen (13) years old. The Site is not intended to be used by or designed to attract
the attention of persons under thirteen (13) years old. By Use of the Site you acknowledge,
agree, and aver that you are thirteen (13) years of age or older.
intended to inform you about how Grok+Banter treats Personal Information and Data and Aggregate
Data collected from Use of the Site. Use of the Site constitutes acknowledgement, agreement,
pledges to be transparent about the Personal Information and Data and Aggregate Data that is
changes in the Terms, applicable laws, or necessities of commerce.
1.4.1Personal Information and Data. “Personal
Information and Data”includes any and all information relating to a User that will allow that
User to be individually identified, such as the User’s name and email address, which comes
into the possession of Grok+Banter through the Use of the Site.
1.4.2Aggregate Data. “Aggregate Data”
includes data generated by a User’s Use of the Site, including that User’s location,
time of Use and other interactions with the Site’s features (“Activity”). Aggregate
Data is not personally identifiable, and will not be used to personally identify a User unless
aggregate as statistical and demographic information.
requirements, changes in the law, advances in technology, changes to the Site, changes to our policy
regarding disclosure of Personal Information and Data and/or Aggregate Data, and/or changes in the
types of data collected or methods of collection. By your use of the Site following an update,
1.6Securing Personal Information and Data and Aggregate Data.
Though Grok+Banter strives to implement the best administrative and technical security
measures to protect Personal Information and Data and Aggregate Data against unauthorized access,
use, duplication, or alteration, there is no method of internet communication, transmission, or
storage of information and/or data that is 100% secure. Thus, Grok+Banter cannot and does
not guarantee or warrant the absolute security of Personal Information and Data and Aggregate Data.
All Users should take the utmost care to protect their Personal Information and Data and
should not share such information with another User. GROK+BANTER EXPRESSLY WAIVES ANY AND ALL
LIABILITY FOR THE CONSEQUENCES OF OR DAMAGE RESULTING FROM THE UNAUTHORIZED ACCESS, USE,
DUPLICATION, OR ALTERATION OF PERSONAL INFORMATION AND DATA.
2. TYPES OF INFORMATION AND DATA COLLECTED AND/OR AGGREGATED
2.1User Consent. By Use of the Site, all Users consent to
the reception, collection, storage, aggregation, and processing of Personal Information and Data and
Aggregate Data by Grok+Banter, including, but not limited to, all types of Information and Data
2.1.1Grok+Banter’s Use of Personal Information
and Data and Aggregate Data. Grok+Banter will never sell, transfer, transmit, share, or
exchange (collectively, “Transfer”) Personal Information and Data about its Users to
the right to Transfer Aggregate Data, which contains no personally identifying information, to third
2.2Data and Information Gathered. Use of the Site, by
necessity, involves the use of personal information such as a user’s location and time of use.
This Aggregate Data will be collected by Grok+Banter for aggregation, and will not be used
by Grok+Banter to personally identify any Users, unless required under §4.4 of this Privacy
2.3Third Parties and Data; Social Media. Grok+Banter,
by design, does not link with other social media platforms like facebook, twitter, or instagram so
that Personal Information and Data will not be collected by those third parties. Other
applications on your phone are governed by their own privacy policies, and Grok+Banter makes no
representations or warranties regarding the data collection practices or policies of those
2.4Manual or Automated Collection, Storage, and Processing;
Employee Access. The collection, storage, and/or processing of any Personal Information and
Data and/or Aggregate Data may be done through the use of automated technologies or by manual review
by individual employees, members, officers, or independent contractors of Grok+Banter.
2.5Phishing. If you receive an email that purports
to be from Grok+Banter, any Grok+Banter User, any Grok+Banter member(s), officer(s),
director(s), employee(s), or any of Grok+Banter’s business partners, that requests Personal
Information and Data, financial information (such as your credit card number or bank account
number), Social Security number, or location, or that asks you to verify or confirm your account or
other personal information by clicking on a link, that email was likely to have been sent by someone
trying to unlawfully obtain your Personal Information and Data, sometimes referred to as “phishing."
Grok+Banter does not require most of this information, and would never request this
type of information via email. Do not provide the information or click any links in the email.
Please alert Grok+Banter to the phishing attempt.
3. PURPOSE OF INFORMATION AND DATA
COLLECTION, STORAGE, AND PROCESSING
3.1Primary Purpose. Grok+Banter will use User data to
improve the Site and the User’s experience with it, and aggregates data to better understand
who is Using the Site.
3.2Non-Exhaustive List of Purposes of Information and Data Use.
The following is a non-exhaustive list of the purposes for which Grok+Banter collects,
stores, and processes its Users’ information and data:
3.2.1To contract with third parties for any purpose,
exclusive of the Transfer of Personal Information and Data;
3.2.2To send messages to Users from time to time,
Terms, and promotional information; and
3.3Newsletters. Grok+Banter may, in its sole discretion
and from time to time, send newsletters to Users based on preferences and trends seen in information
and data that was collected from that User or other Users. These emails may be sent through a
third party with which Grok+Banter has contracted, and that third party may have access to Users’
email addresses for the sole purpose of distributing these emails. Additional data and/or
information may be collected, stored, and processed through any such newsletters or emails. Your
receipt of these newsletters is not mandatory, and you may opt out of receiving these emails and
newsletters at any time.
4. DISCLOSURE OF DATA
4.1Disclosure Overview. Grok+Banter will never Transfer
Users’Personal Information and Data to third parties, with the exception of situations covered
Aggregate Data. By Use of the Site, you acknowledge, consent, and agree that Grok+Banter may
Transfer Aggregate Data it collects, stores, and processes in any manner that still protects Users’privacy,
including, but not limited to, any of the means referenced herein.
4.2Sale or Merger. Grok+Banter expressly reserves the
right to Transfer Aggregate Data for the purposes of advancing Grok+Banter’s business or
pursuing sale of Grok+Banter to, or merger of Grok+Banter with, a separate entity. Such
sale or merger of Grok+Banter may entitle the purchasing or newly created entity to possess, and
access Users’Personal Information and Data, and subject such Personal Information and Data,
reorganization, sale of assets, bankruptcy, or insolvency event, then Grok+Banter may sell,
transfer, or share some or all of its assets, including any cache of Personal Information and Data
and Aggregate Data collected from Users. In any such event, Users will receive notice that
the event that any party makes a claim against Grok+Banter, or pursues legal action (including,
without limitation, the filing of a lawsuit), Grok+Banter shall have the right to turn over any
and all Personal Information and Data and/or Aggregate Data to its legal counsel and their
affiliated parties. In the event Grok+Banter is forced to pursue any action to enforce the
Information and Data and Aggregate Data to its legal counsel and/or any parties or entities hired to
handle the enforcement action.
4.4Necessary Disclosures. By Use of the Site, Users
acknowledge and agree that Grok+Banter may disclose any and all information and data if required
to do so by law or in a good faith belief that such collection, storage, processing, or disclosure
is reasonably necessary to:
4.4.1Respond to or address any pending or ongoing to civil
or criminal claims or complaints asserted against or involving Grok+Banter;
4.4.2Comply with legal proceedings, including, without
limitation, responding to subpoenas or warrants;
4.4.3Enforce and administer Grok+Banter’s
4.4.4Prevent fraud, assess security risks, investigate any
claims or issues involving the Site or Grok+Banter, provide customer support, develop new products
and/or revenue streams, and debug the Site; or
4.4.5Protect the rights, property, or personal safety of
Grok+Banter, its members, managers, directors, officers, and employees, the Site’s Users,
and the general public.
4.5Law Enforcement Requests. Grok+Banter shall make
commercially reasonable efforts to notify Users about law enforcement requests for their data and
any disclosures, unless Grok+Banter has a good faith belief that:
4.5.1Providing notice is prohibited, including, without
limitation, by the legal process, court order, or applicable law;
4.5.2Based on information supplied by law enforcement, Grok+Banter, in its sole discretion or that of law enforcement, believes: providing notice would create
a risk of injury or death to an individual or group of individuals, the case involves potential harm
to minors, and/or that the harm or fraud could be directed at Grok+Banter or its members,
managers, officers, directors, or the Site.
4.6Disclosures to Members. Grok+Banter will not
disclose Personal Information and Data or Aggregate Data to other Users, though a User may request
to see what Aggregate Data Grok+Banter has collected of the User and Grok+Banter will make a
reasonable effort to respond within a reasonable time.
4.7Activity on the App. Users of the App interact with it
and with other Users by providing real time ratings, rankings, and wait times on bars and
restaurants and their overall atmosphere. Though this Activity will be updated in real-time to
enable other Users to make better informed decisions about places to visit on a given evening, no
information about the User (i.e., the User’s name, email address, age, gender, or location)
will be shared with other Users.
4.8Indemnity. Users agree, by their use of the Site, to
defend, indemnify, and hold harmless Grok+Banter and any of its managers, members, directors,
officers, agents, and employees from and against any and all liability, costs, and expenses,
including, but not limited to, attorneys’fees and defense costs, and claims for damages of any
nature whatsoever, whether known or unknown, which Grok+Banter may incur, suffer, or become
liable or which may be claimed or asserted against Grok+Banter as a result of any acts,
errors, and omissions arising out of Use of the Site.
5.1Titles. Any and all titles of parts and subparts of
not intended to limit in any way the terms and provisions that follow the title.
5.2Editing or Deactivating Grok+Banter Account. Any
User may edit or deactivate their Grok+Banter account through the user profile section on the