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Section 1 : Device Data Collected by CITYDATA
In general, CITYDATA collects information about End Users' devices ("Device
Data") from Customers that integrate CITYDATA's products into their apps either through a
software development kit ("SDK") or from Customers that otherwise share Device Data with
CITYDATA. Device Data collected by CITYDATA may include the following:
- Location data of End Users' devices, such as latitude-longitude coordinates obtained through
GPS tools, WiFi data, Bluetooth beacons, cell tower triangulation or other techniques;
- The associated device identifier of End Users' devices, such as the Identifier for
Advertisers or IDFA for iOS devices and Advertiser ID for Android/Google devices;
- Other information about End Users' devices, such as: device type (e.g., tablet, smartphone),
hardware model, operation system and version, mobile browser type (e.g., Chrome, Firefox,
Safari), mobile network information, and mobile sensor information including speed, bearing,
orientation, time zone, timestamp and altitude;
- Usage data about how End Users use CITYDATA's products and services (through Customers' apps
using CITYDATA's GeoSDK), such as: access time, access location, activity and internet
protocol address;
- Predicted or inferred data about End Users, such as census block group, characteristics or
interests; and/or
- Any other information End Users voluntarily provide to CITYDATA or to CITYDATA's Customers.
When collecting Device Data, CITYDATA does not knowingly collect End Users' email address, name,
phone number, national identifier, date of birth or home address. If CITYDATA learns that End Users'
email address, name, phone number, national identifier, date of birth or home address was collected
or received, such information is scrubbed or deleted immediately upon receipt, before the Device
Data is stored in CITYDATA's database.
Additionally, CITYDATA may collect geo-temporal data that is not based on End Users' devices, such
as point of interest data (e.g., local businesses, place and/or time of events, performances,
historic landmarks, and restaurants), 311 customer service data, building and engineering permits
data, and aggregated data from the US Census or surveys (e.g., age range, income range, gender, and
education level). CITYDATA may then use the geo-temporal data in association with the Device Data to
segment the interests or characteristics of End Users into defined cohorts or groups. For example,
an End User's interests and behaviors (e.g., apparel shopper, coffee drinker, business traveler) may
be inferred based on the venues the End User is inferred to have visited over time. Because these
inferred information and cohorts are associated with a specific device, it is treated as Device
Data.
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Section 2 : How CITYDATA Uses Device Data
Device Data is generally used to operate, maintain and improve CITYDATA's
products and services for Customers. CITYDATA's products and services help developers, and other
companies and organizations in the public and private sectors to learn about End Users based on
the Device Data. For example, CITYDATA may enable Customers to:
- measure performances of Customers' physical location, product, content, service;
- perform competitive analysis for Customers' business category or industry vertical;
- identify the census block groups where End Users may be interested in Customers' products,
content, or services;
- understand the impact of public sector projects for economic development, urban planning,
internet-of-things, mobility and transportation;
- understand how people move through cities, districts and neighborhoods;
- understand how people move across cities and across countries, and;
- understand the impact of natural and human-made disasters;
The above list is not exhaustive, but it is intended to provide illustrative examples of how
CITYDATA uses the Device Data.
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Section 3 : Device Data Opt-in and Opt-out
Opt-in
Before CITYDATA collects Device Data from an End User's device, the End User must first opt-in
to share the device's location data. An End User is opted in when the End User downloads an app
that includes CITYDATA's GeoSDK and gives CITYDATA permission to collect Device Data.
Apps on Apple devices, like iPhones, and Android/Google devices, like Samsung Galaxy, ask for
permission to collect data in different ways. Older Android phones running older Android
operating systems require an End User to accept any permissions that the app asks for before the
End User can install the app. Thus, if the app has been downloaded, the End User is opted in.
Newer Android phones allow End Users to opt-in after downloading the app. Apple apps also allow
End Users to download the app without first opting in, however, Device Data is collected only
after End Users opt-in.
Opt-out
End Users can choose to opt-out of sharing Device Data with CITYDATA by disabling location
sharing or ad tracking on their devices. End Users can also disable location sharing with
specific apps by reviewing the settings for each app, or by choosing to not share location when
prompted after first downloading the app, or by uninstalling the app. If an End User opts-out of
location sharing or ad tracking, CITYDATA does not collect Device Data from the End User's
device.
At this time CITYDATA does not collect data from the web browser on mobile devices and does not
honor web browser Do Not Track ("DNT") signals or similar mechanisms.
For iOS, ad tracking can be disabled by navigating to Settings > Select Privacy > Select
Advertising > Enable the "Limit Ad Tracking" setting. For Android, navigate to Google
Settings app > Select Ads > Enable "Opt out of interest-based advertising." You can learn
more about how to opt-out your mobile device by visiting the NAI web site.
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Section 4 : Information Collected from Customers
CITYDATA collects information that Customers provide when Customers set up an
account, use CITYDATA's products or services and/or the Website or communicate with CITYDATA.
For example, CITYDATA may request Customer's contact and billing information (e.g., name, postal
address, email address and password and telephone number) and applicable business information
when Customers register for an account or purchase CITYDATA's products or services.
Some of the features of the Website may be accessed by a Customer only after the Customer
creates an account with CITYDATA.
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Section 5 : Information Collected from Visitors
Contact Information
CITYDATA may collect Visitors' contact information. Visitors are not required to create an
account or provide any contact information in order to browse the Website and learn more about
CITYDATA's products and services. However, if a Visitor requests or downloads any documents,
blogs, and other information or subscribes to CITYDATA's newsletter, the Visitor may be required
to provide certain contact information such as an email address, name and telephone number.
CITYDATA only uses Visitors' contact information to fulfill the request and does not share this
contact information with any third party, other than service providers if necessary to fulfill
the request, or as otherwise described in this Privacy Policy. For example, if a Visitor
subscribes to CITYDATA's newsletter, CITYDATA may provide the Visitor's contact information to a
service provider that manages and delivers the newsletters.
Use Information
When a Visitor is using the Website, CITYDATA may log information related to the Visitor's usage
of the Website, such as IP address, browser type, browser language, referring/exit pages and
URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order
of those pages, the amount of time spent on particular pages by using standard third-party
services like Google Analytics. CITYDATA also may log the Visitor's type of mobile device and
the mobile device's IP address, operating system, and the type of mobile browsers. This data is
used to manage the Website, including diagnosing problems, tracking usage and improving the
Website.
Tracking Technologies
CITYDATA may use "cookies" to measure the effectiveness of the Website and email communication.
Services of an independent company may be used to measure the effectiveness of how Visitors use
the Website. To do this, CITYDATA may use web beacons, pixels, and cookies provided by
third-party marketing companies like Facebook, Hubspot and MailChimp. The type of information
CITYDATA may collect include pages visited, videos viewed, etc. This information helps CITYDATA
learn things like what pages are most attractive to Visitors. Because cookies are stored on
Visitors' computer or device, Visitors can set their browser to decline cookies and can delete
them from their computer or device.
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Section 6 : How CITYDATA Shares Information
CITYDATA provides Customers with access to a proprietary web application (the
"Platform") that provides the Customers with a visual mapping and tracking tool to analyze
Device Data. In general, the Platform presents the Device Data in an aggregated and segmented
form and does not provide a method for a Customer to identify, track or view End Users'
individual devices.
For example, the Platform may enable a Customer to view an aggregated list of End Users' devices
that visited a particular shopping mall on a particular weekend, or the Platform may provide a
local government, as one of CITYDATA's Customers, with recreation and parks analytics based on a
group of End Users' devices.
CITYDATA may provide a Customer with tools to track End Users' devices based on
privacy-compliant mobile device identifiers (e.g., IDFA or ADID). However, these tools are
provided only if the Customer already has the ability to track End Users' devices (without
CITYDATA's tools) and has an app that's using CITYDATA's GeoSDK.
Overall, the following list explains the ways in which CITYDATA may disclose Device Data and
information collected from Visitors and Customers.
- CITYDATA may disclose Device Data to Customers for the purposes of learning more about End
Users and engaging with End Users based on Device Data;
- CITYDATA may disclose Visitors' contact information, use information and tracking
technologies to service providers who work on behalf of CITYDATA to maintain, operate and
improve the Website or to fulfill Visitors' requests;
- CITYDATA may disclose Customers' contact and billing information to service providers when
necessary to provide CITYDATA's products or services to the Customers;
- CITYDATA may disclose any information as required by law, such as to comply with a subpoena
or similar legal process;
- CITYDATA may disclose any information when CITYDATA believes in good faith that disclosure
is necessary to protect CITYDATA's legal and contractual rights or safety of others,
investigate fraud, or respond to a lawful request by public authorities, including to meet
national security or law enforcement requirements;
- CITYDATA may disclose any information if CITYDATA is involved in a merger, acquisition, or
sale of all or a portion of assets;
- CITYDATA may disclose Device Data associated with an End User if the End User grants
CITYDATA permission; or
- CITYDATA may disclose information collected from a Visitor or Customer if the Visitor or
Customer grants CITYDATA permission.
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Section 7 : Data Retention and Security
CITYDATA stores the Device Data and information collected from Visitors
indefinitely for the purposes of operating, maintaining, improving and providing CITYDATA's
products and services, for the purposes of maintaining, operating and improving the Website and
for other business purposes that CITYDATA considers reasonably necessary. CITYDATA uses
reasonable physical, managerial, and technical safeguards to preserve the integrity and security
of the Device Data and information collected from Visitors and Customers. CITYDATA minimizes
collection of identifiable information, and utilizes industry-standard end-to-end encryption for
the transmission of information.
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Section 8 : Rights of End Users, Customers, and Visitors
Under certain conditions, an End User, Customer, or Visitor may request and
obtain from CITYDATA twice a year, free of charge, upon the receipt of confirmation of identity,
categories of information collected about the End User, Customer, or Visitor; categories of
sources from which End User, Customer, or Visitor information is collected; CITYDATA's purposes
for collecting End User, Customer, or Visitor information; categories of third parties with whom
CITYDATA shares information; and specific pieces of End User, Customer, or Visitor information
that CITYDATA has collected about the End User, Customer, or Visitor. CITYDATA does not
reidentify or link non-identifiable information.
Under certain conditions, if the information the End User, Customer, or Visitor provided to
CITYDATA is incorrect, the End User, Customer, or Visitor may request CITYDATA update it.
End Users, Customers, or Visitors may obtain from CITYDATA the rectification of inaccurate
information by providing a supplementary statement to the CITYDATA privacy team.
Under certain conditions, End Users, Customers, or Visitors may request CITYDATA delete End
User, Customer, or Visitor information unless the information is required to complete a
transaction; the information is used to detect and protect against security incidents; the
information is used to identify and repair errors that impair CITYDATA's products or services;
the information is used for CITYDATA's internal uses; or non-deletion is required by law.
An End User, Customer, or Visitor shall have the right, at any time, to direct CITYDATA to stop
selling the End User's, Customer's, or Visitor's personal information to third parties. End
Users, Customers, and Visitors can opt out of the sale of personal information by selecting "Do
Not Sell My Personal Information" via the "Do not sell my personal information" web page.
An End User, Customer, or Visitor may request to see, update and/or remove End User, Customer,
or Visitor information by emailing privacy@citydata.ai or via the "Do not sell my personal
information" web page.
With respect to Visitors or Customers, CITYDATA will first verify the identity of the Visitor or
Customer, then provide and/or remove information collected from that Visitor or Customer. While,
to remove Device Data associated with an End User's device, the End User will need to provide
CITYDATA with the IDFA (iPhone) or ADID (Android phones). CITYDATA does not store email
addresses, names, or phone numbers with End Users' Device Data, so CITYDATA needs the
privacy-compliant mobile device identifier to find End Users' device in the database.
If an End User, Customer, or Visitor is a resident of the European Union, the End User,
Customer, or Visitor has a right to lodge a complaint with a local supervisory authority when
the End User, Customer, or Visitor has an objection to CITYDATA's processing. However, CITYDATA
appreciates the opportunity to first address End User, Customer, or Visitor concerns by email at
privacy@citydata.ai.
CITYDATA's Data Protection Officer ("DPO") is responsible for overseeing CITYDATA's use of
Device Data and monitoring compliance with data protection laws. For any concerns or questions
related to CITYDATA's use of the Device Data, the DPO can be contacted by email at
dpo@citydata.ai.
CITYDATA will never discriminate against an End User, Customer, or Visitor for exercising any
rights under this Privacy Policy.
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Section 9 : Children's Privacy
CITYDATA does not knowingly collect information from children under 13 years
old or from websites or apps directed to children under 13 years old. CITYDATA's products and
services are not directed to persons under 13 years of age.
If CITYDATA learns that information of persons under 13 years of age has been collected or
received, then CITYDATA will take the appropriate steps to delete this information.
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Section 10 : Dispute Resolution; Binding Arbitration and Class Action Waiver
This Section 10 (Dispute Resolution; Binding Arbitration and Class Action
Waiver) only applies to End Users and Visitors (together, "Consumers"). For similar applicable
provisions, Customers should refer to CITYDATA's Terms of Service available at
https://citydata.ai/terms_of_service.
CONSUMERS SHOULD READ THIS SECTION 10 CAREFULLY. THIS SECTION 10 MAY SIGNIFICANTLY AFFECT
CONSUMERS' LEGAL RIGHTS, INCLUDING RIGHT TO FILE A LAWSUIT IN COURT.
10.1 Governing Law. Any claims arising out of or relating to this Privacy Policy (including
interpretation, claims for breach, and all other claims, including consumer protection, unfair
competition and tort claims) will be subject to the laws of the State of California, United
States, without reference to conflict of laws principles.
10.2 Informal Dispute Resolution. Consumers should email CITYDATA at privacy@citydata.ai to
address any dispute, controversy or claim arising out of or relating to this Privacy Policy
(including its interpretation, formation, performance and breach) or the relationship between
Consumers and CITYDATA (collectively, "Disputes"). Most Disputes are quickly resolved in this
manner to Consumers' satisfaction. The parties will use best efforts to settle any Dispute
directly through consultation and good faith negotiations which will be a precondition to either
party initiating a lawsuit or arbitration.
10.3 Formal Dispute Resolution. If the parties do not agree upon a resolution in connection with
a Dispute within a period of 30 calendar days from the time informal dispute resolution is
initiated pursuant to Section 10.2 (Informal Dispute Resolution), Consumers and CITYDATA
expressly agree that the provisions in Section 10.3(a) (Agreement to Arbitrate), Section 10.3(b)
(Location), Section 10.3(c) (Class Action Waiver), Section 10.3(d) (Exception – Small Claims
Court Claims) and Section 10.3(e) (30 Day Right to Opt Out) apply to Consumers.
(a) Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a
Dispute within a period of 30 calendar days from the time informal dispute resolution is
initiated pursuant to Section 10.2 (Informal Dispute Resolution), then either party may initiate
binding arbitration as the sole means to formally resolve claims (the "Agreement to Arbitrate"),
subject to the terms set forth below. Specifically, all Disputes shall be finally settled by
binding arbitration administered by the American Arbitration Association (the "AAA"). The
arbitration proceedings shall be governed by AAA's Commercial Arbitration Rules (the "AAA
Rules") and, where appropriate, AAA's Supplementary Procedures for Resolution of
Consumer-Related Disputes (the "AAA Consumer Rules"). This arbitration provision is made
pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall
apply to the interpretation, applicability, enforceability and formation of this Privacy Policy
notwithstanding any other choice of law provision contained in this Privacy Policy. The
arbitrator, and not any federal, state or local court or agency, shall have exclusive authority
to resolve all disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of this Privacy Policy, including without limitation any claim that
all or any party of this Privacy Policy are void or voidable, or whether a claim is subject to
arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. The arbitrator's award shall be binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. The arbitration may be conducted
in person, through the submission of documents, by phone or online. The arbitrator shall make a
decision in writing, and shall provide a statement of reasons if requested by either party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails
to do so. The AAA Rules and the AAA Consumer Rules are both available at the AAA website
www.adr.org. Consumers' arbitration fees and Consumers' share of arbitrator compensation shall
be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The
parties understand that, absent this mandatory provision, they would have the right to sue in
court and have a jury trial. They further understand that, in some instances, the costs of
arbitration could exceed the cost of litigation and the right to discovery may be more limited
in arbitration than in court.
(b) Location. Arbitration shall be initiated in San Francisco County, California, and Consumers
and CITYDATA agree to submit to the personal jurisdiction of any federal or state court in San
Francisco County, California, in order to compel arbitration, to stay proceedings pending
arbitration or to confirm, modify, vacate or enter judgment on the award entered by the
arbitrator.
(c) Class Action Waiver. The parties further agree that any arbitration shall be conducted in
their individual capacities only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief on a class basis.
CONSUMERS AND CITYDATA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CONSUMERS' OR
CITYDATA'S INDIVIDUAL CAPACITY, AND NOT AS A PLANITFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver
set forth in this subsection is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, then the arbitration provision set forth above shall be deemed null
and void in its entirety and the parties shall be deemed to have not agreed to arbitrate
Disputes.
(d) Exception – Small Claims Court Claims. Notwithstanding the parties' decision to resolve all
Disputes through arbitration, either party may seek relief in a small claims court for disputes
or claims within the scope of that court's jurisdiction. For the avoidance of doubt, nothing
herein shall prevent a resident of the European Union from lodging a complaint with a local
supervisory authority.
(e) 30 Day Right to Opt Out. Consumers have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth in Subsection 10.3(a) (Agreement to
Arbitrate), Subsection 10.3(b) (Location) and Subsection 10.3(c) (Class Action Waiver) above by
sending notice of the decision to opt-out to the following email address: privacy@citydata.ai,
Attn: Legal. The notice must be sent within 30 days of Consumers' first access or use of
CITYDATA's products and services or the Website; otherwise Consumers will be bound to arbitrate
Disputes in accordance with the terms of those Subsections. If Consumers opt-out of these
arbitration provisions, CITYDATA also will not be bound by such provisions.
(f) Disputes Not Subject to Arbitration or Class Action Waiver. For Disputes not subject to the
"Agreement to Arbitrate" set forth in Section 10.3(a) (Agreement to Arbitrate), or if any court
or arbitrator determines that the "Class Action Waiver" set forth in Section 10.3(c) (Class
Action Waiver) is void or unenforceable for any reason or that an arbitration can proceed on a
class basis, exclusive jurisdiction for any claim or action arising out of or relating to
CITYDATA's products and services, the Website or this Privacy Policy shall be in the federal or
state courts in San Francisco County, California, and Consumers expressly consent to the
exercise of personal jurisdiction of such courts.
(g) Changes to Section 10. When changes are made to this Section 10, the "Effective Date" of
this policy will reflect the date of the change. Additionally, CITYDATA will provide 60-days'
notice of any changes to this Section 10 to Visitors (if contact information was provided to
CITYDATA) and End Users (by requesting the appropriate Customers to notify the End Users) and
any such change will apply only to any claims arising after the 60th day following such notice.
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Section 11 : Changes and Updates to this Privacy Policy
This Section 11 (Changes and Updates to this Privacy Policy) applies to the
entire Privacy Policy except for Section 10 (Dispute Resolution; Binding Arbitration and Class
Action Waiver). For changes to Section 10, please refer to Section 10.3(g) (Changes to Section
10).
CITYDATA may amend this Privacy Policy from time to time. When the Privacy Policy is amended,
the "Effective Date" of this policy will reflect the date of the amendment. Additionally, if the
amendment materially changes the usage of Device Data or information collected from Visitors or
Customers, CITYDATA will notify the affected Customers and Visitors (if contact information was
provided to CITYDATA) and/or request the appropriate Customers to notify the affected End Users.
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Section 12 : Contact Information
For more information, or to ask questions about this Privacy Policy or
CITYDATA's practices, please contact us at privacy@citydata.ai
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