Last Updated: September 1, 2019

Bionic offers various services to help its users with media planning and advertising operations. Bionic’s Privacy Policy (this “Privacy Policy” or “Policy”) is designed to explain the information we collect and how we use it in connection with the provision of our services. It applies to any users of www.bionic-ads.com, and any web pages, mobile applications and mobile websites operated by Bionic (collectively, the “Site”), including those individuals and companies who are seeking information about the Site or our services, and any users of any of the various services that Bionic or its affiliates provide through the Site or any other channels, including over the telephone (collectively, the “Services”).

For purposes of this Privacy Policy, the terms “Bionic,” “we,” “us,” and “our” refer to NextMark, Inc., a Delaware corporation. Bionic Advertising Systems is a registered trade name of NextMark, Inc., and “Bionic” will be used, as applicable, in certain portions of this Privacy Policy.

“You” refers to you, as a visitor to or user of the Site or the Services, and, as applicable, the company for which you work or represent in connection with the Site or the Services.

This Privacy Policy does not apply to the extent that you have a separate written agreement for the use of the Site or Services. This Privacy Policy is in addition to the “Terms of Use” which apply, as applicable, to your use of the Services. Capitalized terms that are not expressly defined in this Privacy Policy have the same meaning as set forth in the Terms of Use.

BY USING THE SITE OR THE SERVICES, YOU CONSENT TO OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. Information We Collect

How we collect and store information depends on the Services you use and the activities in which you participate. You can use some of the Site and Services without providing any information other than that automatically collected, as described below.

Visitors who access and browse the Site without registering are “Site Visitors.” In order to utilize some of the Services offered by Bionic, you must register with Bionic. All users who register with Bionic are “Registered Users.” Users of the Bionic Software (the “Software”) must be Registered Users in order to access and use that part of the Service.

2. Information You Provide

Regardless of whether you are a Site Visitor or a Registered User, all information that you provide to us when registering, using the Bionic Software, communicating through the Site or Service, using our mobile applications or that you otherwise provide on the Site or by phone, email, postal mail or otherwise, will be stored by us. You represent and warrant to us that you have the right and authority to provide us all information you provide about yourself or others. You may provide us with information in various ways, including:

2.1 When registering

When you register directly through Bionic, we will collect and store the information that you provide to us on our online registration forms. This may include, among other information, your:

  • first and last name
  • email address
  • business affiliation or employer
  • business address
  • Service interests
  • phone number

If you register for a Service that requires you to pay a fee, Bionic will also collect your payment method details, such as account number, expiration date, and security code, as well as your billing address, for payment purposes, if not previously provided.

2.2 By telephone

Both Site Visitors and Registered Users may provide information to Bionic when they contact us or utilize certain Services Bionic may provide by telephone. For example, if you call Bionic to discuss Service options over the phone, we will collect and store all of the information you choose to provide to us, including but not limited to financial information, information about the Service you need, your contact information, etc.

2.3 Otherwise through the Site or by telephone, email, postal mail or chat

Certain Registered Users may provide additional information on the Site through other Site features and offerings such as our online communication platforms. In some cases, Site Visitors may have the ability to provide us information through the Site, such as contact information. In addition, both Registered Users and Site Visitors may choose to provide information by phone, email, postal mail, or chat. We collect and store all of the information you provide us through these channels.

3. Information Provided by Others

3.1 By Site Visitors, Registered Users and others

Bionic also captures and collects information that Site Visitors, Registered Users and others provide about one another. For example, Registered Users may suggest certain Services or invite others to become Registered Users, and users of the Bionic Software may designate other Registered Users. Bionic captures and stores all information it receives from Site Visitors, Registered Users and others about others, including Registered Users and Site Visitors.

3.2 By other sources

In addition, we may obtain information about you from other sources (e.g., partners, researchers, marketers, etc.), such as demographic data, and other information to enable us to comply with regulatory requirements, ensure the accuracy of data, better understand your likely interests, prevent fraud, etc. We may combine information that we collect from you with information about you from such other sources and use it in accordance with this Privacy Policy.

4. Information you Authorize Us to Collect

We may from time to time request permission to collect certain information from or about you. If you grant your permission, we will access or store such information unless you subsequently opt out.

5. Automatically Collected Information

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Site and Services as described in this section below.

5.1 Log files, IP addresses and information about your computer and mobile device

When you visit the Site, Bionic receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the internet), your computer operating system, the type of web browser you are using, and browser language. If you are using a mobile device, Bionic may also receive unique device identifiers and other information about your mobile or other devices, and mobile operating system. We may correlate this information with other information we have about you. We may also automatically collect information related to the ways in which you interact with the Site and the Services, such as referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed (including ads viewed) and the order of such views, the amount of time spent on particular pages, the date and time you use the Services, error logs, and other similar information.

5.2 Cookies and other technologies

A cookie is a tiny data file that resides on your computer, mobile phone, or other device, and allows us to recognize you when you return to the Site using the same computer (or mobile device) and web browser. Like most websites, we and our service providers use cookies, and tracking pixels to track Site usage and trends, customize your experience on the Site and improve the quality of our Services. For example, using these technologies we can determine, among other things, which pages of our Site you visit. Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies. In some cases, however, doing so may impact your ability to use Bionic. Tracking pixels do not identify individual users, and the analysis of data obtained by tracking pixels is performed on an aggregate basis.

5.3 Online analytics and advertising

When you visit our Site or open one of our emails, we may allow authorized third parties, such as ad servers, ad agencies, ad exchanges, ad technology vendors, and research firms, to place or recognize a unique cookie, pixel, or similar technologies on your browser in order to provide you relevant Bionic advertisements as you surf the Internet. These advertisements may be targeted to you based on information these authorized third parties know or infer about you and include in the cookies placed on your browser, or on information about your Internet browsing activities gathered through your browser. If you prefer not to receive these online behavioral advertisements, you may opt-out here or here. In order for the opt-out to work, your browser must be set to accept third party cookies. Furthermore, if you buy a new computer or mobile device, change web browsers or delete the opt-out cookie, you will need to perform the opt-out task again. Please note that if you opt-out you may continue to receive Bionic advertisements as you surf the Internet, including contextual ads based on the content on a webpage you are visiting. However, these advertisements will not be displayed based on information contained in, or collected by, cookies or other technologies placed on your browser when you visit our Site or open our emails.

We also use Google Analytics to measure Site usage and improve our visitor experience. The relevant data is provided to us by Google in the aggregate (i.e., individual users are not identified) and allows us to better understand our Site audience. The Google Analytics features implemented by us allow us (i) to evaluate and generate reports on certain demographic, behavioral, and interest metrics of users collected by Google, and (ii) to create advertising remarketing audiences and campaigns based on such metrics, which may be segmented into aggregated groups.

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings form at https://www.google.com/settings/ads.

5.4 Do Not Track Notice

Some browsers used to access the Internet may give you the option through “Do Not Track” settings associated with such browsers to request that a website operator not track your information across its website or other websites. We engage in such tracking in order to optimize or customize our Services, detect and respond to allegations of fraud, and to otherwise ensure the safety of our Registered Users and Site Visitors. While we do not currently honor such browser requests, we will not use your information in a manner that violates this Privacy Policy. In addition, you retain the ability to opt out of certain online analytics and advertising activities as discussed in this section above.

5.5 Social media features and widgets

Our Site includes social media features and widgets, such as the Facebook “Like” button and the Facebook “Share” button. These features may collect your IP address, the URL of the page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

6. How We Use Information

In general, the information we collect is used (a) to improve our Services and enhance your experience with Bionic, (b) to enable us to transact business with you as you request, and (c) to help us communicate with you. For example, we may use your information to:

  • register and service your account;
  • contact you in response to questions and solicit feedback and input from you;
  • notify you about new features of the Services, special events, or products, services, and special offers, or other information that we believe will be of interest to you via email, SMS messages, or other media or networks;
  • enable Registered Users to search for, find, interact, connect and share information with other Registered Users they may have an interest in interacting with in connection with the Service;
  • verify information you provide us as well as the representations and warranties you make to us in the Terms of Use or on the Site;
  • perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the Services;
  • generate and review reports and data about our user base and usage patterns, including to improve the content and features of the Services or develop new Services; and
  • otherwise help protect the safety and integrity of the Site and Bionic users.

We may aggregate or de-identify information collected by the Site, the Services, or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated or de-identified information is not subject to any restrictions under this Privacy Policy, and we may use it or disclose it to others without limitation for any purpose.

7. How We Share Information

In addition to using the information collected by Bionic for the purposes described above, we may also share your information with various third parties, as described below.

7.1 With other Registered Users and corporate providers

If you are a Registered User, your online status may be made available to other Registered Users unless you elect to keep that information confidential.

If we terminate your registration for any reason, we reserve the right to send a notice of your termination to other Registered Users with whom we believe you have corresponded.

7.2 With vendors/service providers

We also share information with vendors with whom we have a contractual relationship and who perform services for Bionic including, without limitation, vendors who provide email, demographic information, or geo-location information services, vendors who process or accept credit card payments, vendors who send SMS messages to Registered Users’ mobile phone numbers, vendors who provide services that enable us and other third parties to detect and prevent fraud, in each case to the extent applicable. In certain cases (such as for vendors who help facilitate our online communication services or provide fraud detection and prevention services), the information we share may include the contents of written and audio messages you send through our online communication platforms.

We have implemented Google’s Invisible reCAPTCHA technology on our site. Use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.

7.3 As required by law or for reasons of safety

We may disclose your information when we believe in good faith that such disclosure is appropriate in order to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the health or physical safety of any person, violations of this Privacy Policy or the Terms of Use, or to protect the rights and property of Bionic, our employees, users, and the public. This may involve the sharing of your information with law enforcement, government agencies, courts, or other organizations.

7.4 With our affiliates

You acknowledge and agree that we may disclose any of the information we’ve collected about you to any of our affiliates or subsidiaries for the purposes of providing you with the Services, operating the Site, soliciting you for potential employment opportunities with those affiliates or subsidiaries, and our other commercial purposes, including those of our affiliates and subsidiaries.

7.5 With Your Consent

We also may share your information with a third party if you consent to the sharing.

7.6 Business transactions

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to process your information as set forth in this Privacy Policy.

8. Your Choices Regarding the Sharing of your Personal Information

Registered Users have control over what optional information they choose to share with us when utilizing our Services (such as pictures, certain details in a job description or profile, etc.). However, except as specifically provided in this Policy, Registered Users do not have the right to opt out of any particular collection and sharing of information. If a Registered User does not wish to share information subject to this Policy, he or she must terminate the account (see Section 10 below – Changing or Removing your Personal Information and Closing your Account).

Except as provided in Section 5 (Automatically Collected Information), we do not collect or maintain information from Site Visitors who are not Registered Users.

9. Your Communication Choices

By becoming a Registered User, you are consenting to receive certain email communications from us, such as special offers, notifications of new Services, customer surveys and administrative notices.

You may also opt-out of receiving unsolicited marketing calls from us regarding your Bionic account by unsubscribing.

If you have opted in to receive SMS messages from us but would now like to opt out, you may do so by adjusting your settings in your account settings.

10. Changing or Removing your Personal Information and Closing your Account

You can update certain of your information by logging into your account and accessing your account settings. To request removal of other information you have voluntarily posted on our Site, such as information you may have posted in online group forums, contact us (see Section 16 – Contact Bionic). In some cases, we may not be able to reasonably accommodate your request to remove your information, in which case we will let you know if we are unable to do so and why.

If you no longer wish to participate in our Services, you may close your account directly through your account settings, or by contacting us (see Section 16 – Contact Bionic).

If you close your Bionic account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we will retain information related to you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, de-identified information, account recovery, auditing our records, enforcing our rights and obligations under our agreements, or if required by law. Bionic may also retain and use your information if necessary to provide the Services to other Registered Users, particularly those sharing the same corporate account.

11. Collection of Information from Children

Bionic’s Site and Services are not intended for individuals under the age of 18. Moreover, if we become aware that we have collected personal information (as defined by the Children’s Online Privacy Protection Act) from children under the age of 13, we will take reasonable steps to delete it as soon as practicable.

12. How We Protect Information

We have implemented a variety of administrative, technical, and physical security measures to protect against the unauthorized access, destruction, or alteration of your information. These safeguards vary based on the sensitivity of information that we collect, process, and store and the current state of technology.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee that information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

13. Links to Other Websites

The Site and Services may contain links to third-party websites and services. However, we are not responsible for the privacy practices employed by those web sites or services, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and Services. When you use a link to go from the Site or Services to a third-party web site or service, this Policy is no longer in effect and the privacy policy of such third-party site or service will govern.

14. Changes to Our Privacy Policy

Bionic reserves the right to change this Privacy Policy and the Terms of Use at any time. We will notify you about and provide you with choice about material changes to this Privacy Policy or in our practices as required by applicable law. Material changes will typically go into effect no sooner than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated policy on our Site. You should periodically check https://www.bionic-ads.com/privacy-policy/ for updates. Your use of the Site or the Services after such effective date will constitute acceptance by you of such changes.

15. Your California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. As discussed in this Privacy Policy, we do not share your information with third parties for their own direct marketing purposes.

16. Contact Bionic

If you have any questions on our Privacy Policy, you can contact us at:

Email: support@bionic-ads.com

NextMark, Inc. d/b/a Bionic Advertising Systems
33 South Main Street
Third Floor
Hanover, NH 03755 USA

Phone +1 603 676-7285