Rakuten Affiliate Network Privacy Policy

Rakuten Affiliate Network Privacy Policy Statement
Effective Date: September 10, 2014
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Effective September 10, 2014, Rakuten Marketing LLC (formerly known as LinkShare Corporation) has updated its Privacy Policy Statement. Please read the entire Privacy Policy Statement. Additional information about these updates may be found in our Frequently Asked Questions.

About Us/General Information
Rakuten Marketing LLC , on behalf of itself and its subsidiaries, Rakuten Marketing Europe Limited (“RM Europe”), Rakuten Marketing Australia PTY Ltd (“RM Australia,” and collectively with Rakuten Marketing LLC, RM Europe and RM Australia are hereinafter collectively referred to as “Rakuten Marketing” or “we” or “us”) uses these websites, www.rakutenmarketing.com, www.rakutenmarketing.co.uk, www.rakutenmarketing.com.au, www.rakutenmarketing.fr and www.rakutenmarketing.de to promote or operate our advertising services. This Privacy Policy Statement shall cover our privacy practices for all Rakuten Marketing services related to the Rakuten Affiliate Network except for privacy practices related to: 1) any services offered by Rakuten Marketing Brazil Limitada, which shall be governed by the Rakuten Marketing Brazil Privacy Policy; 2) any display or retargeting services, which will be covered separately under our Rakuten Display Privacy Policy Statement; and any attribution services, which will be covered separately in our Rakuten Attribution Privacy Policy Statement. The word “our” is a possessive pronoun referring to Rakuten Marketing.

While certain areas of this website may be accessed and viewed by members of the public, not all visitors to this website may use the Rakuten Affiliate Network. The Rakuten Affiliate Network is available for use only by persons or entities that join the Rakuten Affiliate Network as either an “Advertiser” or a “Publisher.”

Only persons or entities that operate websites through which they conduct a business are eligible to become Advertisers. Publishers must be corporations or other legal entities or adults (at least of the legal age to be able to enter into contracts in the jurisdiction in which they reside) that also manage or operate websites which they use to conduct a business or generate revenues. In order to become an Advertiser or Publisher, a person or entity must apply for membership and have the application accepted by Rakuten Marketing, which includes accepting certain contractual terms.

Information Collected from Visitors to this Website
We gather standard information that accompanies internet transmissions (e.g. IP Address), which in some jurisdictions may be considered personally-identifiable information. Other than this information, we do not gather personally-identifiable information about or from visitors to or users of this website solely as a result of such visits or usage, other than from (i) people requesting to be contacted with more information about Rakuten Marketing offerings, (ii) persons or entities whom we allow to join Rakuten Affiliate Network as an Advertiser pursuant to a written contract that we and the Advertiser sign and physically deliver (an “Advertiser Agreement”) and (iii) persons or entities whom we allow to join the Rakuten Affiliate Network as a Publisher pursuant to an “online” contract that the Publisher can review on the Publisher registration page on this website and agree to by clicking on a button on that page or other agreement between us and the Publisher (a “Publisher Agreement”). We use the personally-identifiable information submitted with inquiries about Rakuten Marketing’s offerings to respond to those inquiries.

Our servers log the standard information that accompanies Internet transmissions, like the date and time of a visit, browser type, IP address, domain names, access dates and times, referring website addresses and operating system. We use the services of our subsidiary, DC Storm Limited, as well as a third party to analyze information about how visitors use our website. This third party uses web tracking technology such as, but not limited to, cookies, Javascript and/or other kinds of Web beacons. We have no control over this third party’s tracking devices. We receive only aggregated, non-personally-identifiable information generated by this tracking technology. Rakuten Marketing may store cookies on a visitor’s computer in order to manage a visitor’s session on our site. By accessing our site, you agree that Rakuten Marketing may place cookies on your computer and our third party may use web tracking technology, in each case, as described above. You may opt-out of receiving cookies by adjusting your web browser settings to reject cookies. If you reject cookies, you may not be able to take full advantage of all of the features of our site, including “signing in” to password protected areas. A detailed summary of cookies can be found below under “Data about Customers of Advertisers and Publishers.”

The Rakuten Affiliate Network is membership-based, and members must enter into a legal contract with Rakuten Marketing in order to join and use the Rakuten Affiliate Network. Each of our contracts with Advertisers and Publishers contains terms that set forth the obligations of Rakuten Marketing with respect to the use and disclosure of the information that we gather from our Advertisers and Publishers. Advertisers and Publishers should refer to those terms and not to this Privacy Policy.

Children’s Information
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity. Rakuten Marketing does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that Rakuten Marketing has in its database the personally-identifiable information of a child under the age of 13, please contact rm-privacy@mail.rakuten.com and we will use our best efforts to remove the information from our records.

Information about Advertisers
We use a “template” form of contract to enroll Advertisers. That template changes from time to time and is accessible only by Advertisers or prospective Advertisers. We do not publish our template Advertiser Agreement on this website. We do provide the template to prospective Advertisers with whom we are interested in pursuing a business relationship with us. Each such prospective Advertiser is encouraged, and has the opportunity, to review the template and any incorporated policies, including the terms that define the respective obligations of Rakuten Marketing and the Advertiser regarding use and disclosure of confidential information and privacy. Rakuten Marketing’s rights and obligations with respect to the disclosure and use of the information we gather about any Advertiser are governed by the Advertiser Agreement that we and the Advertiser sign. 

Prospective Advertisers are required to submit certain personally-identifiable information (e.g. Company name, phone and email address) on our websites in ordered to be contacted in connection with one or more of our advertising services. If we do not enter into an agreement with such Prospective Advertiser, then we may (but have no obligation to) retain the information that the applicant provided on our website. Retention of such information may be restricted under applicable laws, and we will delete information in accordance with these laws. We will not disclose this information to third parties except, as follows:

- We may disclose this information with our corporate affiliates in response to your election to be contacted for one or more our various advertising services.

- We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.

- We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.

- In the event that Rakuten Marketing sells or transfers ownership, operation or control the Rakuten Affiliate Network, its corporate affiliates or otherwise engages any subcontractor or agent to operate the Rakuten Affiliate Network or provide any service related to the Rakuten Affiliate Network, Rakuten Marketing reserves the right to transfer or disclose all or any part of its data to the buyer, subcontractor or agent. In the case of a disclosure to a subcontractor or agent to perform services on our behalf, such contractors and agents may have access to your information, but only to perform services for us.

- In the event that Rakuten Marketing is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, reorganization or other change of control.


Information about Publishers
In order to join the Rakuten Affiliate Network as a Publisher, a person or entity has to apply for membership by completing an “online” application on this website. The online application requires personally identifiable information about the applicant. The application form may be viewed by clicking on the Publisher registration page of this website. Besides the information that we gather by means of the online application, we may obtain a great deal of personally-identifiable information about a Publisher through a variety of online or offline means. That information includes the Publisher’s contact information, Taxpayer Identification Number (which may be an individual’s Social Security Number), VAT registration numbers or other foreign tax identification numbers (for the Rakuten Affiliate Network operated outside of the U.S.), as well as information about the business conducted by the Publisher on its website related to the use of the Rakuten Affiliate Network, including information about the online marketing strategies and plans and the kinds and volumes of transactions conducted through the Rakuten Affiliate Network generally and with specific Advertisers. We may use third party vendors to authenticate and/or supplement the information a Publisher applicant submits.

Rakuten Marketing’s rights and obligations with respect to the disclosure and use of the information we gather about any Publisher are governed by the Publisher Agreement that we enter into with that Publisher. Usually, that Publisher Agreement is an “online” form that, as a condition to joining the Rakuten Affiliate Network, we require each Publisher to accept by clicking on a button on the Publisher registration page of our website used for the Rakuten Affiliate Network. In a few special cases, the Publisher Agreement may be a paper document that is manually signed and physically delivered. We post on the Publisher registration pages of this website our “template” form of contract by which we enroll Publishers. That template changes from time to time and may incorporate policies that we also publish on this website. Each prospective Publisher is encouraged, and has the opportunity, to review the template and any incorporated network policies, including their terms that define the respective obligations of Rakuten Marketing and the Publisher regarding use and disclosure of confidential information and privacy.

All applications for membership as a Publisher are subject to Rakuten Marketing’s acceptance. If we do not accept an application, then we may (but have no obligation to) retain the information that the applicant provided in the online application. Retention of such information may be restricted under applicable laws, and we will delete information in accordance with these laws. We will not disclose this information to third parties except as follows:

- We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.

- We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.

- In the event that Rakuten Marketing sells or transfers ownership, operation or control of any or all of the Rakuten Affiliate Network, its corporate affiliates or otherwise engages any subcontractor or agent to operate the Rakuten Affiliate Network or provide any service related to the Rakuten Affiliate Network, Rakuten Marketing reserves the right to transfer or disclose all or any part of its data to the buyer, subcontractor or agent. In the case of a disclosure to a subcontractor or agent to perform services on our behalf, such contractors and agents may have access to your information, but only to perform services for Rakuten Marketing.

-In the event that Rakuten Marketing is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, reorganization or other change of control.

If we accept an application for membership in the Rakuten Affiliate Network as a Publisher, we do retain the information that the applicant provided in the online application. We may also obtain other information about our Publishers during the course of their usage of our networks, including, but not limited to, information about the volumes of business they conduct through the Rakuten Affiliate Network with Advertisers or others. We may, but are not obligated to, retain the information that we obtain about any Publisher after that Publisher leaves the Rakuten Affiliate Network.

We may use and disclose the information we have or acquire about any Publisher as provided in the Publisher Agreement, which such Publisher enters into with Rakuten Marketing. The template form of Publisher Agreement gives Rakuten Marketing broad discretion in using and sharing the information that Publishers provide to us, including the right to furnish any or all of that information to Advertisers or other third parties. Rakuten Marketing is not responsible or liable for any use or disclosure by any Advertiser or other third party of information about any Publisher that we furnish.

Some of the services we offer allow a Publisher to enter into a direct business relationship with an Advertiser. For example, if an Advertiser engages us to manage its affiliate marketing program through the Rakuten Affiliate Network, the Advertiser will have the ability to make a general offer to all Publishers in the Rakuten Affiliate Network, and Publishers will have the ability to apply directly to the Advertiser's affiliate marketing program. In order to participate in that Advertiser's affiliate marketing program, each Publisher must separately apply to join that program and then must be accepted into that program by the relevant Advertiser. An Advertiser may require a Publisher applying to or participating in its program to provide information directly to the Advertiser. Any Advertiser’s use of Publisher data, however obtained, is governed by that Advertiser’s own contract, if any, with that Publisher and by its own privacy policies, if any. Rakuten Marketing is not responsible or liable for any use or disclosure of any such information by the Advertiser or any third party. If the Advertiser provides Rakuten Marketing with any data about any Publisher, then that Advertiser is solely responsible for ensuring that its provision to us is consistent with that Advertiser’s own privacy policy, own contract with such Publisher, applicable legal requirements of other obligations or commitments of such Advertiser to such Publisher. To the maximum extent permitted by applicable law, Rakuten Marketing expressly disclaims any obligation or liability to any Publisher with regard to any use, storage, processing or disclosure of any data about that Publisher that Rakuten Marketing obtains from any Advertiser or any third party.

Data about Customers of Advertisers and Publishers
In providing our affiliate marketing, search management and related services, Rakuten Marketing does not deal directly with the customers of Advertisers or Publishers. We enable Advertisers and Publishers to create links between their own websites. A visitor who clicks on an Advertiser’s banner or other promotion on a Publisher’s website is redirected, through our website, to the Advertiser’s website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Publisher to compensation from the Advertiser. As a result of such redirection through our website, our technology automatically records the IP (Internet Protocol) address of the browser used. In addition, during such redirection, we may place one or more “cookies” on the hard drive of the visitor’s computer through his or her Web browser. 

Cookies are alphanumeric identifiers that enable the systems used by the website operator who places the cookie to recognize the visitor’s browser. In connection with certain features of our services to Advertisers, we use cookies in order to determine whether and when a “cookied” Web browser is used to return to the Advertiser’s site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or click-throughs to a website and to determine whether the same browser has accessed more than one site on our Rakuten Affiliate Network, but do not permit us to determine the identity of any user of that browser or gather any other personally-identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number. To learn more about cookies, click these links:

www.iab-performance-marketing-explained.net
http://www.allaboutcookies.org
For Microsoft Internet Explorer: http://www.microsoft.com/infor/cookies.htm
For Mozilla Firefox: http://support.mozilla.com/en-USkb/Options+window+-
Google Chrome: https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies

In order to provide reports to an Advertiser and the Publishers, if applicable to the service offering, we need basic data about the kinds and volumes of Web user activities that occur as a result of the links created through the Rakuten Affiliate Network, but we do not need data that identifies or permits the identification of any customers or website visitors of an Advertiser or Publisher. Other than IP Address, we do not intentionally obtain any personally-identifiable data about any of such customers or visitors through our technology or services, unless the Advertiser or a Publisher elects to furnish it to us or authorizes us to obtain that data and to the extent that IP Address is used or disclosed, our rights and obligations with regard to that information is defined by our contract with the particular Advertiser or Publisher. We use IP Address for fraud/verification purposes (not for targeting purposes) or to extract non-exact geographical information; such information may be shared with Advertisers for reporting purposes and to give our Advertisers more information about the performance of their advertising campaigns. We do not, through this Privacy Policy or otherwise, make any promise or undertake any obligation directly to any user of any Advertiser’s or Publisher’s website with regard to any use or disclosure of information that a user furnishes directly to any Advertiser or Publisher. Each Advertiser and Publisher is solely responsible for establishing its own privacy policy, communicating that policy to the users of its website and ensuring that any access to, processing, storage and use by Rakuten Marketing, in accordance with the applicable Advertiser Agreement or Publisher Agreement, of any data about those users are consistent with that Advertiser’s or Publisher’s own privacy policy, applicable legal requirements, other obligations or commitments to such users. To the maximum extent permitted by applicable law, Rakuten Marketing expressly disclaims any obligation or liability to any user of any Advertiser’s or Publisher’s website of any nature, including with regard to any data about that user that Rakuten Marketing obtains, processes, stores, uses or discloses.

Lead Generation
Rakuten Marketing may employ a number of different methods to generate leads on behalf of its Advertisers, including publishing its own Websites to promote the products and services of Advertisers ("Proprietary Sites"). Some of our Proprietary Sites may host Web forms that can be used by visitors to or users of that site to request that they be contacted with more information about an Advertiser or category of Advertisers promoted on that site. Each Proprietary Site is managed separately from this site and will have a separate privacy policy that will govern the use and collection of information on that site.

Do Not Track
There is currently no universally recognized standard for Do Not Track signals. Accordingly, at this time, cookies used on our website and used in providing our services do not respond to any Do Not Track signals or browser settings. You may opt-out of receiving cookies by adjusting your web browser settings to reject cookies. A detailed summary of cookies can be found below under “Data about Customers of Advertisers and Publishers.”
Security

We have implemented reasonable security measures in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. These include firewalls, data encryption redundancy and intrusion detection. Our employees are made aware of and are accountable for compliance with these procedures. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure. As a result, although we strive to protect your information, we cannot ensure or warrant the security of your information against any possible loss or unauthorized access.

Your California Privacy Rights
California Law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us by email, rm-privacy@mail.rakuten.com or write to us at the address listed under Contact Information.

Transfers from the EU
If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States to Rakuten Marketing. You may revoke this consent at any time by contacting Rakuten Marketing at the address indicated below, although this may require Rakuten Marketing to restrict your use of the Site.

Changes to Our Privacy Policy
Rakuten Marketing reserves the right to change or replace this Privacy Policy at any time and from time to time. Any changes or replacement will be noted through indications on this Privacy Policy. If we have a way to do so, and your consent to do so, Rakuten Marketing will contact you by email in the event this privacy policy is materially changed. You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide personally identifiable information to Rakuten Marketing, you limit how such information will be used to communicate with you, either by Rakuten Marketing or by third parties, Rakuten Marketing will not change your preference in this regard without your express consent.

Change in Control
In the event that Rakuten Marketing sells or transfers ownership, operation or control of the company or the Rakuten Affiliate Network is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected as part of such merger, acquisition, sale, reorganization or other change of control. You agree that Rakuten Marketing may provide to such entity information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent. Any entity acquiring assets comprising or consisting of your information shall agree to handle such information in accordance with the terms of this Privacy Policy. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.

Questions and Comments about Our Privacy Policy/Removal or Correction of Information
Persons already enrolled as an Advertiser in the Rakuten Affiliate Network who have questions or comments about this Privacy Policy or the relevant provisions of their Advertiser Agreements should contact their Advertiser Services representatives. Prospective Advertisers should contact their Rakuten Marketing client development manager to discuss any such questions or comments.

Existing or prospective Publishers and others who have questions or comments about this Privacy Policy may contact us by email at pubinquiry@mail.rakuten.com or rm-privacy@mail.rakuten.com.

Consumers with questions about our privacy practices or who wish to have their personally identifiable data corrected or removed may contact us by email at rm-privacy@mail.rakuten.com.

Contact Information
Our postal address is:
Rakuten Marketing LLC
215 Park Ave. South, 9th Floor
New York, NY 10003

The European data controller for purposes of this Policy is Rakuten Marketing Europe Limited. If you are within the European Economic Area, you may contact the European data controller at the following address:
Rakuten Marketing Europe Limited
16 Holborn, 4th Floor
London WC1V 6BX
ENGLAND

Safe Harbor
Rakuten Marketing complies with the U.S.-EU Safe Harbor Framework and U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal identifiable information from European Union member countries and Switzerland. Our privacy practices are consistent with the European Union Data Protection Directive and the U.S. Department of Commerce Safe-Harbor Program Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view the company's certification, please visit http://www.export.gov/safeharbor/.


Dispute Resolution
Rakuten Marketing participates in the U.S. - E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor as set forth by the United States Department of Commerce. As part of our participation in the safe harbor program, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you are an European Union citizen and have any complaints regarding our compliance with the Safe Harbor you should first contact us at rm-privacy@.mail.rakuten.com. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet here, fax to 415-520-3420, or mail to TRUSTe Safe Harbor Complaints Dept., click for mailing address. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English. For human resources data, we have agreed to cooperate with Data Protection Authorities.