Terms of Conditions and Privacy Notice

The following terms of conditions and privacy notice (the “Terms”) govern your use of the Supplier Portal Allowing Retail Coverage™ application (the “Application”), created by Rockfish Interactive Corporation (“Rockfish”). The Application is an electronically downloadable mobile application for that provides pre-authorized and certified supplier representatives with access to select store inventory data with the goal of improving on-shelf product availability. By accessing the Application, you agree to be bound by the Application's terms and conditions and to comply with all applicable laws and regulations. The materials contained in the Application are protected by applicable copyright and trademark law.

Use License

Rockfish grants you permission to download one copy of the Application. This is the grant of a license, not a transfer of title, and under this license you may not: (i) modify or copy the materials; (ii) use the materials for any unauthorized use; (iii) attempt to decompile or reverse engineer any aspect of the Application; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or "mirror" the Application on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Rockfish or its agents at any time. Upon terminating your viewing of the Application or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer of Warranties

THE APPLICATION AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION TEXT, INFORMATION, GRAPHICS, AND LINKS ARE PROVIDED BY ROCKFISH ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY LAW, ROCKFISH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APPLICATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES. WITHOUT LIMITING THE FOREGOING, ROCKFISH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED TO AND FROM THE APPLICATION OR ACCURACY OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION.

Indemnification

You agree to indemnify, defend, and hold harmless Rockfish, and its parent company, subsidiaries, affiliates, agents, directors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, (including reasonable attorneys' fees) brought by a third party, at trial and on appeal, to the extent that such action is based upon a claim that (a) if true, would constitute a breach of any of your representations, warranties, or covenants contained in these Terms, (b) arises out of your negligence or misconduct related to use of the Application.

Limitation of Liability

ROCKFISH, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APPLICATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THE FAILURE OF PERFORMANCE OF THE APPLICATION FOR ANY REASON, OR THE USE OF THE INFORMATION OR MATERIALS CONTAINED WITHIN THE APPLICATION.

Linked Websites

The Application may contain links to other websites or include third party licensed materials. Rockfish does not have any control over such materials, and your use of such materials is at your own risk. In addition, the existence of a link between the Application and other materials does not constitute an endorsement by Rockfish of the owner or any products or services presented by the owner.

What information does the Application obtain and how is it used?

User Provided Information – The Application obtains the information you provide when you download and register your unique user login through the certification process. Your unique user login will include your username and password. Through the certification process, you will be asked to provide information to validate your authorized access to the Application, which may include: (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information; and (c) credit card information for purchase and use of the Application. The Application will store your user Account credentials, whether you have completed required training, whether the license has been purchased, user status, and last login date. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. In addition, the Application may collect certain information automatically, such as the type of mobile device you use, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. See “Automatic Data Collection and Advertising” section for examples.

Does the Application collect precise real time location information of the device?

This Application does collect precise information about the location of your device in order to connect you to the desired store location. We use the information to present proper data sets to you. This information will be shared with the data provider in order to receive targeted responses. You may at any time opt-out from further allowing us to have access to your location data by disabling the locations services functionality on your device or within the Application settings. For more information, please see the section below entitled “Opt-out.”

Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • to analytics companies as described below under the section entitled Automatic Data Collection.

Automatic Data Collection

Rockfish may permit web analytics providers to collect information on the Application using automated tools to analyze traffic in an anonymous, aggregate way in order to understand our customers' and visitors' needs and to continuously improve the Application. Information gathered through analytics may include the date and time of visits, the pages viewed, IP address, time spent in the Application. If you’d like to opt-out from third party use of this type of information, please visit the section entitled “Opt-out” below.

Opt-out

Opt-out of all information collection and stop all collection of information by uninstalling the Application at any time. By uninstalling the Application, you can stop all collection of information by the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the Application marketplace.

Data Retention Policy, Managing Your Information

We will have access to User Provided Data for as long as you use the Application and for a reasonable time thereafter through the third party admin portal. If you’d like us to delete any User Provided Data that you have provided via the Application, please contact us at legal@rockfishinteractive.com and we will respond within a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly, and we may be required to retain certain information by law.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at legal@rockfishinteractive.com. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

These Terms may be updated from time to time for any reason. You are advised to consult the Terms regularly for any changes.

Your Consent

By using the Services, you are consenting to our processing of User Provided and Automatically Collected information as set forth in these terms now and as amended by us, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the Application and providing information to us, you consent to such transfer to, and processing in, the US.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at legal@rockfishinteractive.com.