NETRUN HOSPITALITY DATA GROUP, LLC — PRIVACY AGREEMENT AND NOTICE OF DATA PRACTICES
Effective as of the date of your acceptance. Supersedes all prior versions.
PLEASE READ THIS AGREEMENT CAREFULLY. BY CREATING AN ACCOUNT, SCANNING A VENUE
IDENTIFIER, OR OTHERWISE ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE
READ, UNDERSTOOD, AND AGREE TO BE BOUND BY EACH PROVISION SET FORTH BELOW,
INCLUDING THOSE PROVISIONS GOVERNING DISPUTE RESOLUTION AND THE DISCLOSURE OF
ACTIVITY DATA TO THIRD PARTIES.
1. DEFINITIONS AND INTERPRETATION
1.1 Defined Terms
For purposes of this Agreement, the following terms shall have the meanings set
forth in this Section 1.1, whether or not capitalized, and whether appearing in
the singular or the plural.
"Account" means the record established upon your submission of a Handle and
associated intake responses, together with all data subsequently associated
therewith.
"Activity Data" means, collectively, Venue Identifiers scanned by you, the
date and time at which each such scan occurred, the sequence and interval
between such scans, any Derived Attributes generated therefrom, and any
association drawn between your Account and any other Account.
"Derived Attributes" means characteristics, propensities, affinities, or
classifications attributed to you by algorithmic or manual means, whether or not
such characteristics are accurate, verifiable, or in any way descriptive of you.
"Handle" means the self-selected alphanumeric identifier associated with your
Account.
"Service" means the Netrun Trackerator application, all associated web
properties, and any successor or replacement offering.
"Term Partner" means any entity with which Netrun maintains a commercial
relationship for the receipt, licensing, enrichment, resale, or onward
disclosure of Activity Data, whether or not such entity is identified to you.
"Venue Identifier" means the encoded token affixed at each participating
location.
1.2 Interpretation
Headings are for convenience only and do not affect interpretation. The words
"including," "includes," and "such as" are not words of limitation. References
to a Section include all subsections thereof. Where a provision of this
Agreement conflicts with a provision of any supplemental notice, the provision
affording Netrun the broader latitude shall control to the maximum extent
permitted by applicable law.
1.3 Amendment
Netrun may amend this Agreement at any time by publishing a revised version to
the Service. Your continued use following publication constitutes acceptance.
Netrun is under no obligation to notify you of amendments, to highlight changed
provisions, or to preserve prior versions for your reference.
2. THE SERVICE
2.1 Nature of the Service
The Service permits you to record your attendance at participating locations, to
accrue points, and to receive a compiled summary of your activity. The Service
is provided on an "as is" and "as available" basis.
2.2 Eligibility
You represent that you are of the age of majority in the jurisdiction in which
you are accessing the Service, and that you have not been excluded from the
Service by prior action of Netrun.
2.3 Account Security
You are solely responsible for maintaining the confidentiality of your Handle and
recovery code. Netrun disclaims all liability arising from any use of your
Account, whether authorized or otherwise. The recovery code is not a password,
confers no security, and should not be relied upon as such.
2.4 Acceptable Use
You shall not: (a) submit a Handle that impersonates another participant, a
Netrun representative, or any real person; (b) scan a Venue Identifier at which
you are not physically present; (c) reproduce, photograph, or redistribute a
Venue Identifier for the purpose of enabling scans by non-present parties; (d)
interfere with the operation of the Service; or (e) attempt to access records
associated with an Account other than your own except by means expressly
provided within the Service.
We collect the Handle you select and your responses to the intake questionnaire.
We do not request, and the Service provides no field for, your legal name,
electronic mail address, telephone number, postal address, date of birth, or
payment credentials.
We record each Venue Identifier you scan together with the date and time of the
scan. This record is associated with your Account.
We generate Derived Attributes from the information described in Sections 3.1 and
3.2. Derived Attributes are produced by automated means. We make no
representation that any Derived Attribute is accurate. You acknowledge that
Derived Attributes may nonetheless be disclosed, licensed, or sold in the same
manner as information you have provided directly, and that the commercial value
of a Derived Attribute is not contingent upon its accuracy.
We do not collect device fingerprints, hardware identifiers, network interface
addresses, ambient wireless observations, precise geolocation, contact lists,
photographs, or biometric identifiers of any kind. No such collection occurs
through the Service, and none is contemplated by this Agreement.
4. COMMUNICATIONS
From time to time Netrun may distribute a periodic newsletter containing venue
news, run recaps, and partner content. You may withdraw your consent to
receive the newsletter, and thereby opt out of all such mailings, at any time
without cost or penalty by using the newsletter preference
control. Withdrawal of consent under this Section 4.1
takes effect promptly and does not affect any other provision of this Agreement,
any other category of communication, or any processing, disclosure, or licensing
of Activity Data described elsewhere herein.
4.2 Transactional Messages
Certain messages are integral to the operation of the Service and are not subject
to withdrawal of consent under Section 4.1. These include confirmations of
check-in, notifications regarding your Account, and notices required by law.
4.3 Partner Messaging
Where you have not indicated a contrary preference, Netrun and its Term Partners
may deliver offers, promotions, and recommendations to you through the Service
interface. Your preferences in respect of such messaging may be reviewed and
adjusted through the preference centre.
5.1 Operation of the Service
We use information to operate the Service, award points, compile your summary,
and detect misuse.
5.2 Improvement and Analysis
We analyse aggregate patterns of use to improve the Service, to evaluate venue
performance on behalf of participating locations, and to develop new products.
5.3 Personalization
We use Derived Attributes to select which offers, recommendations, and content
are presented to you.
5.4 Commercial Purposes
We use Activity Data for the commercial purposes described in Section 12,
including its disclosure to Term Partners for valuable consideration.
6. RETENTION
6.1 Retention Period
Activity Data is retained for the duration of the event and for such additional
period as Netrun determines necessary for the purposes described in this
Agreement. Records are thereafter subject to scheduled deletion.
6.2 Retention Following Restriction
Where you have exercised any right, preference, or election under this Agreement,
including any election described in Section 12.4, Netrun shall continue to
retain your Account, your Activity Data, and all associated Derived Attributes,
in each case for the full retention period otherwise applicable. No election
described in this Agreement operates as a request for deletion, and none shall
be construed as such.
6.3 Backups
Deletion applies to production systems. Netrun is under no obligation to expunge
records from backup media prior to the ordinary expiry of such media.
7. COOKIES AND SIMILAR TECHNOLOGIES
7.1 Categories
The Service uses cookies and similar local storage technologies falling within
twenty-two (22) enumerated categories, including strictly necessary, functional,
performance, analytics, and advertising categories.
7.2 Managing Cookie Preferences
You may review each category and opt out of any non-essential category at any
time using the cookie consent manager. Elections made
through the consent manager govern the storage of and access to information on
your device. For the avoidance of doubt, elections made under this Section 7.2
do not govern the collection, retention, use, licensing, or disclosure of
Activity Data associated with your Account, each of which is addressed
separately in Sections 3, 5, 6, and 12 of this Agreement.
7.3 Do Not Track Browser Signals
The Service does not respond to Do Not Track headers transmitted by your browser,
as no uniform standard for such signals has been adopted.
8. SECURITY
8.1 Measures
Netrun employs measures it considers reasonable to protect information against
unauthorized access, alteration, and destruction.
8.2 No Guarantee
No method of transmission or storage is entirely secure. Netrun does not warrant
the security of any information and disclaims liability for unauthorized access
except to the extent such disclaimer is prohibited by law.
9. DISPUTE RESOLUTION
9.1 Binding Arbitration
Any dispute arising out of or relating to this Agreement or the Service shall be
resolved by final and binding arbitration administered under the rules of a
recognized arbitral body, and not in a court of general jurisdiction.
9.2 Class Action Waiver
You waive any right to participate in a class, collective, consolidated, or
representative proceeding.
9.3 Jury Trial Waiver
Each party waives any right to trial by jury.
9.4 Governing Law
This Agreement is governed by the laws of the Commonwealth of Pennsylvania
without regard to conflict of laws principles.
9.5 Venue
Any proceeding not subject to arbitration shall be brought in the state or
federal courts located in Northampton County, Pennsylvania.
9.6 Right to Opt Out of Arbitration
You may opt out of the arbitration provision set forth in Section 9.1, the class
action waiver in Section 9.2, and the jury trial waiver in Section 9.3 by
delivering written notice to Netrun within thirty (30) days of your first
acceptance of this Agreement. Instructions for opting
out are available. An opt-out under this Section 9.6
affects only the dispute resolution provisions of Article 9. It does not affect
the collection, retention, use, licensing, or disclosure of Activity Data, and
exercising it will not alter the manner in which your Activity Data is handled.
10. THIRD PARTY SERVICES
10.1 Participating Venues
Participating venues are independent businesses. Netrun is not responsible for
their acts or omissions, their premises, their pricing, or the conduct of their
staff or patrons.
10.2 Linked Properties
The Service may link to properties operated by others. Such properties are
governed by their own terms and their own data practices.
11. YOUR RIGHTS UNDER APPLICABLE LAW
11.1 General
Depending on your jurisdiction of residence, you may hold rights of access,
correction, portability, deletion, and restriction in respect of information
associated with you.
11.2 Exercising Rights of Access and Deletion
Requests for access to, correction of, or deletion of information may be
submitted through the Service. Netrun will respond within the period prescribed
by applicable law.
11.3 Non-Discrimination
Netrun will not deny you the Service, charge you a different rate, or provide you
a different level of quality by reason of your exercise of any right described
in this Article 11 or in Section 12.4.
11.4 Authorized Agents
You may designate an authorized agent to submit a request on your behalf.
12. ANCILLARY DATA PRACTICES
12.1 Disclosure to Term Partners
Netrun discloses Activity Data, including Derived Attributes, to Term Partners in
exchange for monetary and other valuable consideration. Such disclosures occur on
a continuous basis as Activity Data is generated. Consideration received by
Netrun in respect of any individual Account is nominal.
12.2 Categories of Recipient
Term Partners include hospitality analytics providers, audience enrichment
services, identity resolution vendors, and marketing intermediaries. Netrun does
not maintain a public list of Term Partners and is under no obligation to
identify any recipient to you.
12.3 Onward Disclosure
Netrun does not control, and makes no representation regarding, the subsequent
disclosure of Activity Data by any Term Partner. Activity Data disclosed under
Section 12.1 may be combined by a recipient with information obtained from other
sources.
12.4 Suppression Requests; Do Not Sell or Share
You have the right to direct that Netrun do not sell or share Activity Data
associated with your Account. This right is exercised by means of a suppression
request. To exercise it, submit a suppression
request. A suppression request may be submitted by
you or by an authorized agent acting on your behalf, and no verification of
identity is required.
A suppression request takes effect at the moment it is received and applies
prospectively only. It does not apply to, and cannot recall, any disclosure made
prior to receipt. Activity Data generated before a suppression request is
received has already been disclosed to one or more Term Partners under Section
12.1, and the onward use of that data by any recipient is governed by Section
12.3 rather than by this Section 12.4.
A suppression request does not suspend, limit, or otherwise affect the collection
of Activity Data under Section 3, the generation of Derived Attributes under
Section 3.3, the retention of your Account and its associated records under
Section 6.2, or the use of Activity Data for any purpose described in Sections
5.1 through 5.3. Your Account and all associated records are retained in full
following a suppression request.
A suppression request may be submitted at any time and may be submitted after
Activity Data has already been generated. Netrun imposes no waiting period, no
verification requirement, no documentary requirement, and no limit on the number
of times a suppression request may be submitted.
12.5 Relationship to Other Elections
For the avoidance of doubt, elections made under Section 4.1, Section 4.3,
Section 7.2, or Section 9.6, and preferences recorded through the preference
centre, are independent of and have no effect upon the practices described in
this Article 12. A suppression request under Section 12.4 is the sole mechanism
by which the disclosures described in Section 12.1 may be restricted.
13. SUPPLEMENTAL DISCLOSURES FOR RESIDENTS OF CERTAIN STATES
13.1 Applicability
This Article 13 supplements the foregoing and applies to residents of states that
have enacted comprehensive consumer privacy legislation. Where a provision of
this Article conflicts with a provision elsewhere in this Agreement, this Article
controls as to residents to whom it applies.
In the preceding twelve months Netrun has collected the following categories:
identifiers (a self-selected Handle); commercial information (records of venue
attendance); internet or other electronic network activity information (scan
events and their timing); and inferences drawn from the foregoing to create a
profile reflecting preferences, characteristics, predispositions, and behaviour.
13.3 Categories Disclosed for Valuable Consideration
Each category enumerated in Section 13.2 has been disclosed to Term Partners for
monetary or other valuable consideration.
13.4 Sources
All information is collected directly from you, or is generated from information
collected directly from you. Netrun does not acquire information about you from
data brokers, public records, or affiliated entities.
13.5 Business and Commercial Purposes
Information is collected and disclosed for the purposes enumerated in Article 5.
Netrun does not collect personal information that is classified as sensitive
under applicable state law.
Residents to whom this Article applies have the right to direct a business not to
sell or share personal information. Netrun makes this right available to all
users regardless of residence. The mechanism for exercising it is the suppression
request described in Section 12.4.
Not applicable. See Section 13.6.
13.9 Right to Appeal
Where applicable law provides a right to appeal a refused request, you may appeal
by resubmitting the request with a statement of the grounds for appeal. Netrun
has not to date refused a request.
13.10 Metrics
Netrun does not publish annual request metrics. Applicable thresholds have not
been met.
14. CHILDREN
The Service is not directed to persons under the age of majority and Netrun does
not knowingly maintain records associated with such persons.
15. INTERNATIONAL TRANSFERS
Information may be processed in jurisdictions other than that in which you
reside, including jurisdictions that do not provide an equivalent level of
protection.
16. LIMITATION OF LIABILITY
16.1 Exclusion of Damages
To the maximum extent permitted by law, Netrun shall not be liable for indirect,
incidental, special, consequential, exemplary, or punitive damages, or for loss
of profits, revenue, data, or goodwill.
16.2 Cap
Netrun's aggregate liability shall not exceed the greater of the total
consideration received by Netrun in respect of your Activity Data, or one United
States dollar (USD $1.00). You acknowledge that the first of these figures is
likely to be substantially smaller than the second.
17. MISCELLANEOUS
17.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Netrun regarding
its subject matter and supersedes all prior understandings.
17.2 Severability
If any provision is held unenforceable, that provision shall be modified to the
minimum extent necessary and the remainder shall continue in full force. This
provision exists because someone, at some point, read all the way to the end of a
document like this one and found something that did not hold up. Statistically,
that person is not you. Congratulations if it is.
17.3 No Waiver
Failure to enforce any provision is not a waiver of the right to enforce it
later.
17.4 Assignment
You may not assign this Agreement. Netrun may assign it freely, including in
connection with a merger, acquisition, or sale of assets, and your Activity Data
constitutes an asset for this purpose.
17.5 Survival
Sections 3, 6, 9, 12, 16, and 17 survive termination of your Account.
Correspondence regarding this Agreement may be directed to Netrun Hospitality
Data Group, LLC, 1 Terminal Plaza, Suite 400, Easton, Pennsylvania 18042.
End of Agreement. Version 3.1.