Last Updated: July 2018
Collection of Information
We collect information from and about users of our App directly from you when you provide it to us and automatically when you use the App in order to provide and improve the App for you. We collect information provided by users for specific features of the app, such as the Rewards/Loyalty program.
While using the App, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:
First name and last name
We may automatically collect certain kinds of non-personal information that your browser sends whenever you access or use the App through a mobile device (“Usage Data”). This Usage Data may include information about your mobile device and internet connection, such as the type of mobile device you use, your IP address, your mobile operating system, the type of mobile Internet browser you use, the pages of the App you visit, the date and time of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. This Usage Data is collected in aggregate form, without identifying any user individually. While we may collect unique device IDs for the purpose of aggregate user base reporting and system administration, we do not have access to any Personal Data associated with device IDs.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this Location Data to provide features of the App, to improve and customize the App. You can enable or disable location services when you use our App at any time, through your device settings.
We will not collect, accept or utilize any Personal Data that is not provided by you through the App or through your use of the App.
How Your Information is Used
Except as provided herein, we use your Personal Data, Location Data, and other information we collect or you provide in the following ways:
To provide and maintain the App
To allow you to participate in interactive features of the App when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve the App
To monitor the usage of the App
To detect, prevent and address technical issues
Protecting Your Information
Third Party Links
We may employ third party companies to facilitate a service (“Service Providers”), to perform App-related services or to assist us in analyzing how the App is used. These Service Providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Service Providers may be used for the purpose of analytics, ad server, and other such services.
Disclosure to Third Parties
We will not share your Personal Data with third parties (other than Service Providers) without your express consent, except in the limited circumstances described below:
To fulfill the purpose for which you provide it.
We will share your Personal Data when required by law, regulation, or litigation, and as necessary for purposes of national security, law enforcement, or other issues of public importance.
If the App is sold, acquired by or merged with another entity, we may provide such entity with your information without obtaining your further consent. We may provide notice of such asset sales, acquisitions, or mergers on the App.
We do not share, sell, rent or trade any information you provide or we collect with third parties for promotional or direct marketing purposes. We may share aggregate data, such as demographics and usage statistics, with client sponsors for administrative purposes.
The security of your information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the information you have provided or that we have collected from you.
You can always choose not to provide information when you are prompted to do so. Note that if you do not provide us with certain mandatory information, then you may be unable to take advantage of certain features of the App.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at email@example.com. Please note that removing your Personal Data from our systems may require the deletion of your account.
In case you are uncomfortable with our receipt of Location Data when you use the App, most mobile devices allow you to turn off location services.
You may also adjust your privacy settings within the App.
The App is intended for adult audiences only, and we do not knowingly collect any personal information from anyone under 13 years of age. If you are under age 13, please do not attempt to register for the App or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any personal information from a child under the age of 13, please contact us immediately at firstname.lastname@example.org.
The App is intended for users in the United States, and the information you provide and we collect is governed by United States law. Users outside of the United States are advised not to disclose information to us.
From Now On, LLC 2120 S. 72d St., Suite 1300 Omaha, NE 68124 Your California Privacy Rights
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
From Now On, LLC 2120 S. 72d St., Suite 1300 Omaha, NE 68124
App Store Guidelines and Agreements
Updated November 2018
This app utilizes features developed by a 3rd party provider and deployed by From Now On on behalf of the University of Nebraska. The below document covers how your privacy is protected when using those features.
OUR BUSINESS AND WHAT WE DO
We partner with event and concert venues, sports teams, broadcast and media companies, and brands to deliver immersive experiences and advertising opportunities by transmitting data through audible or inaudible sound which can be recognized by devices with microphones that have downloaded our app or use one of our client’s apps that utilizes our technology where the user has consented to the app’s use of the device’s microphone. These audio signals are typically in a range that is inaudible for most people.
For example, a concert venue may use their speakers to transmit an ultrasonic signal that is recognized by our app which then triggers everyone’s device who has the app to act as a “pocket jumbotron,” where the device’s display is in sync with the song or displays complimentary media. Likewise, if you are at a sports game, the venue could use these ultrasonic signals to plan fan roulette and have the devices of participating users light up with the lights stopping on the winning section. This can also be used to create the wave or choreographed light show using section-based lighting on the fan’s devices.
These ultrasonic signals can also be used to reward participants with an advertiser’s special offers, or to direct web traffic to online destinations, for example, to a team’s online merchandise store or sponsor’s website immediately following an event.
These ultrasonic signals can also be transmitted via television broadcasts or any other sound-based media. This could allow a national restaurant chain to deliver a special coupon offer directly to you after you see one of their advertisements while watching television or listening to music. This can also help brands and advertisers measure the effectiveness of their marketing campaigns.
COLLECTION OF AUDIO AND USE OF DEVICE MICROPHONE
WHAT OTHER INFORMATION WE COLLECT AND HOW IT IS COLLECTED
CUE Audio collects information about you when you interact with our sites or apps, including:
We collect information you provide us when you register for an account. If you sign in by email we will store your email address.
If you provide us with consent, we will collect your location to provide additional features and functionality.
If you participate in any contests or surveys, you may provide us with personal information.
We record logs about how you use the app (e.g. what features you use and what venues you attend).
HOW WE USE YOUR INFORMATION
CUE Audio uses the information collected about you to:
Provide you with our services and personalize them.
Manage and improve the services and our internal operations.
Protect our rights, enforce our policies, and comply with laws.
If you provide us with consent, we will send you offers we believe may be of interest to you.
For more detailed information on what information we collect and how it is collected, please go here.
WHEN AND HOW WE SHARE YOUR NON-AUDIO RECORDING INFORMATION
Service providers who perform services and functions on our behalf to help deliver the services and communicate with you.
Third parties including advertisers and partners, some of whom may use your information for the purpose of providing you with interest-based advertisements.
We also may share your information (including audio recordings) in order to comply with laws or valid legal requests for information such as a subpoena or search warrant.
YOUR CHOICES AND CONTROL OVER YOUR INFORMATION
CUE Audio provides multiple methods for you to exercise control and choices over the information we collect from you, including the ability to update or delete information or limit cookies or advertising, by:
Updating your account through the sites.
Contacting us directly.
Controlling the settings on your browser or mobile device.
HOW WE PROTECT YOUR INFORMATION
CUE Audio has implemented technical, organizational, administrative, and physical security measures that are designed to protect your information from unauthorized accidental or unlawful access, disclosure, use and modification; however, no security measures are perfect or impenetrable.
HOW TO CONTACT US
1550 Wewatta Street, Suite 3121
Denver, CO 80202
1. What Information We Collect and How It Is Collected.
CUE Audio collects information about you when you interact with the sites or apps.
CUE Audio Use of Your Device’s Microphone.
By using our services and installing our app or any third-party app that utilizes our technology where you have given the app permission to utilize the device’s microphone, you give the app permission to access your device’s microphone while the app is running (including while running in the background). The microphone is used as part of CUE Audio’s services which detect high frequency ultrasonic signals transmitted through speakers, television, radio, or other media which typically cannot be heard by humans. Specifically, these signals typically use the ultrasonic frequency range between 18 and 20 kHz of audio content and detect them with the device’s regular microphone. These signals cause the app to present location-specific or brand-specific content to you or can allow you to use the device to become part of a larger crowd interaction and immersion at certain events. These signals may also be used to track effectiveness of marketing and other advertising by registering that the device was in range when an ultrasonic signal was transmitted.
Depending on your device, you may be able to turn off CUE Audio’s access to your device’s microphone in the settings of your device. Turning off CUE Audio’s access to your device’s microphone also will disable certain aspects of the app and our services. You can always uninstall the app and stop using our services.
Information You Provide to Us.
Although some features of our sites or apps are available without creating an account, if you choose to register for an account to access additional CUE Audio features we may request some information, including, but not limited to, your name and email address. We may also collect information about you when you participate in certain activities such as filling out a form to take advantage of offers, completing a survey, participating in a contest or promotion or to sign up to receive one of our newsletters, communicating with us via third-party social media sites, requesting customer support, or otherwise communicating with us.
When you launch the app that utilizes our technology, the app may ask to access your location to provide additional features and functionality, although sharing your location is not required. Your device’s settings may provide you with location permissions settings. The default settings may vary from device to device and are subject to your specific device’s functionality. In the event you allow location information collection through your device, we may collect precise geographic location information. Whether we can collect precise location information is controlled by your device’s operating system. Our collection methods may include GPS, cellular network location and other location-based services. Depending on your device’s operating system, we typically receive the latitude and longitude of your mobile device, as well as date and time, but the precision of latitude and longitude varies greatly and is determined by various factors controlled by your device or mobile service provider.
We may also ask you for permission to send push notifications to your device.
You may also choose to provide us with information, some of which may be personal data, when you interact with the sites or apps in the following ways:
i. Complete a survey—for example, you may choose to provide us with an email address so that we or our clients can contact you about your survey response;
ii. Register for a contest, sweepstakes, or other promotion—for example, you may provide your telephone number and home address and we may be legally obligated to disclose this information if you win;
iii. Send us an email message or complete an inquiry form to receive additional information—for example, you might email us with a question and we will use your email and contact information to respond to your inquiry.
iv. Engage with interactive advertising—we receive the information you provide when you submit oral or written questions or comments via the interactive ads that are placed on the sites and apps or on third-party platforms, and we may share this information with our ad partners;
Information Collected Automatically.
We also automatically receive and track certain data about your device when you visit our sites or apps, including, but not limited to, your device type, IP address, software and language preference, browser, type of operating system, date and time of viewing, use of our features and history or preferences, advertising identifiers, and your taps and interests. This helps us to understand, analyze, and measure how users use the sites and apps; manage the sites’ and apps’ operations; deliver and measure the effectiveness of advertisements; help diagnose problems; recognize repeat visitors; and facilitate your access to and use of the services and apps. We may also create a unique device or user ID for you so we can recognize you.
In some cases or on some devices, we may automatically detect or infer your location using GPS, your IP address, or your device’s microphone, but often your operating system will require you to grant us permission to access your GPS or microphone settings; please refer to your device’s system settings regarding location services and microphone access. We collect location information through the sites and apps so that we can offer you certain location-based content, provide advertisements that are relevant to your geographic location, and conduct analytics to improve the sites and apps.
Some browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not been adopted, and there is currently disagreement concerning what, if anything, websites should do when they receive such signals, CUE Audio does not process or respond to “Do Not Track” signals. If and when a final standard is established and accepted, we may reassess how to respond to these signals. We do, however, respect established industry opt-out mechanisms.
We may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically.
2. How We Use Your Information
i. to provide you with our services including, but not limited to, the display of customized content, integration with our partner apps, and targeted advertising both on websites and other apps/websites that we advertise through;
ii. to communicate with you about CUE Audio products and services, including sending marketing communications that we believe may be of interest to you, through electronic communications with your consent or where otherwise permitted by applicable law, and to provide assistance with customer service issues;
iii. to provide you with an interactive social media experience that enables you to connect your social networking community to our sites or apps;
iv. to determine when you link from our app to one of our partner apps or services, so that we can monitor the level of traffic that we generate for our partner apps or services;
v. to manage CUE Audio’s everyday business needs, such as administration and improvement of the sites and apps and ensure the technical functioning of our products and services;
vi. to protect CUE Audio’s intellectual property, including its copyrights;
vii. to enforce our EULA and prevent fraud;
viii. to comply with our legal and regulatory obligations, requests from government bodies or courts, or to respond to litigation;
ix. to enable us to use a third party to measure the usage of our services by our users, with your consent or where otherwise permitted by applicable law; and
x. in any other way we may describe when you provide the information or in any way that you explicitly consent to.
We may aggregate your data with other users’ data in order to create statistics about the general use of the sites or apps, which helps us to develop new products and services. We may also share this aggregated data with our business partners and third-party advertisers. This aggregated data cannot be used to identify you and cannot be otherwise traced back to you.
3. Data Collection Technologies and Consumer Choice
We and third parties acting on our behalf use various technologies that help us to manage the operations of our sites and apps and track usage behavior so that we can tailor information and advertisements to make your use more enjoyable and meaningful. These data collection technologies include:
Cookies: Cookies are text files containing small amounts of information that are downloaded to your device when you visit a site and stored within your browser. Cookies are then sent back to the originating site on each subsequent visit to that site or to another site that recognizes those cookies. Some cookies on our sites and apps collect IP and Mac addresses. Cookies are useful because they allow a site to recognize a user’s device. If you have registered for an account on the site, these cookies may let us know who you are, may be necessary to access your account information, and may provide us and our service providers with information that we will use to personalize the sites and apps in accordance with your preferences. You can find more information about cookies at www.allaboutcookies.org.
Web beacons and GIFs: Certain pages on the sites and apps contain web beacons (also known as web bugs, pixel tags and clear GIFs). A pixel tag is an electronic image, often a single pixel (1x1), which is ordinarily not visible to users and may be associated with cookies on users’ hard drives. A pixel tag allows us to understand which pages you visit on the sites and apps, and are used to help us optimize and tailor our services for you and other future users and visitors. Web beacons allow third parties to obtain information, such as the IP address of the device that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party.
Local Storage and Local Shared Objects: We may use local shared objects such as Flash Cookies and local storage, such as HTML5 Local Storage, to enhance user experience by, for example, storing your user preferences and settings (e.g., volume/mute) in connection with animated content on the sites and apps. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access personal data that you have provided on the sites and apps. Third parties with whom we partner to provide certain features on the sites and apps or to display advertising based upon your browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.
Information that we collect via the data collection technologies described in this section may be linked to other information about you outside of the sites and apps and may be personal data. We use the technologies described in this section, alone or in combination, to provide, manage and administer the sites and apps, understand user behavior, target and measure the effectiveness of advertisements, help diagnose problems, recognize repeat visitors, track and analyze usage behavior and, facilitate your access to and use of the sites and apps.
Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ “Help” feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the sites and apps and some parts of the sites and apps may not function properly. For more information about cookies, please visit www.allaboutcookies.org/manage-cookies/.
We work with a variety of advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use various technologies to collect data about your use of the sites and apps (such as pages visited, ads viewed or clicked on) in order to send (or serve) relevant ads.
Ad Partners may place cookies, web beacons and/or other data collection technologies on the sites or apps to (among other purposes): track how the sites and apps are used, where users go and what they do after they leave the sites; link users’ devices to other devices to establish commonality of ownership or households where there are multiple devices; and serve more relevant ads on the sites and apps or other websites that you visit. More information about this type of advertising is available from the Network Advertising Initiative's website at www.networkadvertising.org.
The DAA also offers AppChoices, a separate choice tool for users to exercise control over the collection and use of data through mobile apps for interest-based advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s AppChoices application on your mobile device. Visit here for more information on DAA’s AppChoices tool.
The opt-outs described above are device- or browser-specific and may not work on all devices. If you choose to opt-out through any of our Ad Partners’ sites, you still may see advertisements, but the advertisements will not be based on your interests.
You can also opt-out of future information collection from the sites and apps by ceasing use of the sites or uninstalling the relevant apps.
4. When and How We Share Your Information – Key Facts and How to Opt Out.
We may share your information, such as your device, browser type, hashed email address, inferred age and gender, and location information (if you have consented to location access), with third parties including advertisers and partners, some of whom may use your data for the purposes of interest-based advertising, including demographic, behavioral, and geographic ad targeting or to provide localized services (with your prior permission or where otherwise permitted by applicable law).
We also may share your information with third-party service providers who perform services and functions on our behalf to support our interactions with you, including providing our products and services, administering surveys or contests, or communicating with you.
We may share your information (including audio recordings) with third parties, including law enforcement authorities, if we determine that doing so is appropriate and in accordance with applicable law to:
i. Enforce our EULA or other terms and conditions;
ii. Protect our intellectual property, services and legal rights;
iii. Prevent physical harm to the persons or property of others;
iv. Prevent fraud against CUE Audio and others;
v. Support auditing, compliance, and corporate governance functions;
vi. Comply with subpoenas, court orders, or similar legal processes, including to law enforcement agencies, regulators and courts; and
vii. Comply with any and all applicable laws.
If you choose to make a purchase or redeem any offer (for example, registering for a coupon offer presented on your device), you will navigate away from the app and be directed to the third-party source you selected. Any information you provide to such third party is provided by you directly to them, and typically will not be received by CUE Audio.
Third-Party Advertisements and Analytics.
CUE Audio is a free service for users. We can make it available to you this way through our support from advertisers and sponsors. We think that the ads we offer are interesting and relevant, and to make them more relevant our third parties sometimes use your personal data to personalize ads. We may share information we collect (see above) with Ad Partners so that they can deliver relevant content or ads on their own websites or apps or other third-party websites or apps and analyze and report on content or ads users see or interact with. Ad Partners may also collect, or we may also provide to Ad Partners, information via the technologies discussed in section 3 above or via interactive ads. The information may include data about how users interact with the sites and apps, information users provide to or through an interactive ad, the content and ads users have viewed, users’ activities on other websites and online services, and physical places users have visited.
Consistent with your permission, third parties, including advertisers, may collect information, potentially including personal data, about your activities over time and across different websites when you use our sites or apps. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements.
Business Transfers and Corporate Changes.
In the event that ownership of CUE Audio or an operator of one or more of the sites or apps changes as a result of a merger, acquisition, or transfer to another company, your personal data and audio recordings may be transferred. If such a transfer results in the use of or your personal data or audio recordings in a materially different way, then CUE Audio will provide you with appropriate notice (typically via email to users who have provided us with a valid email address).
As part of the sites and apps, we will prepare and maintain information collected from the sites and apps that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. We may use and share such information for our business purposes without restriction in perpetuity.
5. Links to Other Websites.
6. Minors’ Privacy
Our sites and apps are general audience sites not directed at children under the age of 13. As such, if you are under the age of 13, we have to ask you not to use our sites or apps in any capacity. We believe that children should get their parents’ or guardians’ consent before giving out any personal data or using the sites and apps. We do not knowingly collect data from anyone under the age of 13 and we do not direct any of our products or services at this age group. Any person who provides their personal data to CUE Audio through its sites or apps represents that they are 13 years of age or older.
If you become aware that we have collected personal data from a child without parental consent, please notify us promptly at email@example.com. If we become aware that we have inadvertently captured any personal data about a person who is under 13 years of age, we will take the appropriate steps to shut down the account of that person and promptly delete their information.
7. California Privacy
California Civil Code Section 1798.83 permits users of the sites and apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us at the mailing address below.
8. Change or Delete Your Information
We will retain your information for as long as your account is active or as needed to provide our services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you have registered a user account with us, you may be able to reset your password, update your personal data, correct information, delete your account or opt-out of certain services, by accessing your account within the sites or apps, or you may contact us directly at email@example.com, subject to certain exceptions prescribed by law.
You may have the right to access, update, and correct inaccuracies in certain of your personal data in our custody and control, subject to certain exceptions prescribed by law. You may request to access, update and correct inaccuracies in personal data we have in our custody or control by writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his or her personal information records. CUE Audio maintains the right to retain all aggregated and de-identified data in whatever form in perpetuity.
From time to time, we, our advertisers, suppliers or other parties may conduct promotions and other activities on, through or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). Those Promotions may have additional terms and/or rules or eligibility requirements that shall be posted or otherwise made available to you by us or the relevant third party, as applicable, in accordance with applicable law.
10. How We Store and Protect Your Information: Data Retention, Security and Integrity.
The security, integrity and confidentiality of your information are important to us. We have implemented technical, organizational and physical security measures that are designed to protect your information from unauthorized accidental or unlawful access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware, however, that, despite our best efforts, no security measures are perfect or impenetrable. Any transmission of personal information or use of the sites or apps is at your own risk.
We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example, if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information and are no longer using such information for our business purpose, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
12. Contact Us
1550 Wewatta Street, Suite 3121
Denver, CO 80202