(Last updated: January 02,
At TagRail Inc. (“TagRail”), we know that privacy is important to you, and because of that we’ve
identifiable information (“Personal Information”) and any other information that is collected from you
when you use our custom mobile software (the “TagRail app”), its website located at tagrail.com, and
through interactive technologies implemented in connection with our retailer partners (collectively, the
“Services”). Please note that you may not use the Services if you are younger than 13 years old.
We strongly recommend that you read this policy carefully. By voluntarily using the Services or by
downloading or using the TagRail app, you are consenting to our use of your information in accordance
What Information Do We Collect?
Personal Information That You Provide: We receive and store any information that you provide to us,
either directly or through your use of our Services. For example, when you register with us, we ask you
to provide certain Personal Information, including your name, email address, gender and password (unless
you login through Facebook, which is discussed below). We also collect Personal Information from you
through other sources, such as when you contact us with inquiries, respond to one of our surveys, or use
Location Information: With your consent, we may collect two kinds of location information through your
use of the Services on your mobile phone or device. To identify stores near you and to appropriately
enable the TagRail In-Store service, we may gather location information through your mobile phone or
device’s geolocation, GPS, or similar capabilities.
Furthermore, as part of the TagRail In-Store service, we may collect information about your location
within participating stores through your mobile phone or device’s Bluetooth® or similar capabilities in
combination with technology implemented by and with our retail partners. We will only gather these kinds
of location information if you agree to share them with us by opting-in within the TagRail App (either
during your initial login or later) to receive the TagRail In-Store services and by enabling these
capabilities on your mobile device. Once you have opted-in to receive the TagRail In-Store service and
consented to our gathering of location information, the TagRail App will continue to collect location
information until you log off (it will gather location information if it is running in the background)
or use your phone’s or other device’s setting to disable your mobile device’s applicable geolocation,
GPS, Bluetooth® or similar capabilities for the TagRail App.
Facebook Information: If you initially login to the Services through the platform known as Facebook
Connect using your Facebook login and password, you will be asked to grant us permission to access
certain information from your Facebook account (“Facebook Information”). The Facebook Information we
collect is limited to that information you have explicitly authorized us to access through the Facebook
Information Collected Automatically: When you utilize the Services, we may automatically collect certain
information about your use of the Services, such as the page you requested, where you click on the page,
and other information (“Information Collected Automatically”).
Aggregated Personal Information: In an ongoing effort to better understand our users, we may aggregate
and compile Personal Information and other information we collect from our users in a way that does not
personally identify any one user (“Aggregated Personal Information”).
How Do We Use And Disclose This Information?
Personal Information: The Personal Information we collect is used for such purposes as setting up and
personalizing your account, enhancing our Service’s functionality or features, responding to your
requests and communications, providing you with information about specials and stores, and to otherwise
operate our business. We may also share certain Personal Information, such as names, email addresses or
other profile information, with our business partners so that they may better serve you with offers or
otherwise. Furthermore, some Personal Information may be made public, as discussed below. Location
Information: We treat and use Location Information as Personal Information.
Facebook Information: We treat and use Facebook information as Personal Information. We may also use
Facebook Information for, among other things, registration and social networking within the service, and
may share this information with other users to provide certain features or functionality. Information
Collected Automatically: We may use such information individually as Personal Information or we may pool
it with other information to track, for example, the total number of visitors to the Services, the
number of visitors to each page of the Services, and the domain names of our visitors' Internet service
providers. To the extent that this information is Personal Information, we treat it as such.
Aggregated Personal Information: We may use aggregated information to conduct research on our end users’
demographics, interests and behaviors or to otherwise operate or improve our business and we may share
this information with our affiliates, agents, business partners and other third parties, including our
retail partners. As an example, we may provide to our retail partners information about when TagRail
users visit their stores most frequently, which products are viewed and shared most frequently, and
which parts of their physical and online stores are most frequently visited by our users. We may also
disclose aggregated user statistics to describe our Services to current and prospective business
partners and to other third parties for other lawful purposes.
What Information Becomes Publically Available?
Certain information that you provide to the Services is or will become publically available. This may
include certain material, such as text, graphics, images, video, audio, data and other material
(collectively referred to as the “Content”) that you submit through the Services (“User Content”), and
which, by its nature, is accessible or intended to be accessible to other users of the Services. This
may also include, for example, posts to public areas of the Service, such as bulletin boards, and
Personal Information you provide or Facebook Information you authorize us to use which is displayed in
your publicly available online profile. Because this information is publically available, it may be used
or accessed by third parties, and we are not responsible for what these third parties do with this
information. For this reason, we recommend that you exercise great care in determining what information
you choose to make publicly available through the Services.
How Else Do We Disclose Information?
In addition to the foregoing, there are certain other circumstances in which we may share your
information with certain third parties without further notice to you, including as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event
of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our
business, assets or the Services, Personal Information or other information may be part of the
transferred assets. Service Providers, Agents and Related Third Parties: We sometimes hire other
companies to perform certain business-related services for us. Examples include mailing information,
maintaining databases, processing payments and providing consulting or other services. When we employ
another company to perform a function of this nature, we may need to provide them with access to certain
Personal Information or other information. However, we only provide them with the information that they
need to perform their specific service for us. Legal Requirements: We may also disclose your information
if required to do so by law or in the good faith belief that such action is necessary to (i) comply with
a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to
protect the personal safety of users of the Services or the public, or (iv) protect against legal
How Do We Store And Transfer Information?
We may store any information that we collect (personal or otherwise) ourselves or in databases owned and
maintained by our affiliates, agents or service providers. In doing so, we may transfer this information
from your current location to our offices and servers or those of our affiliates or contractors located
in the United States and other countries. By using the Services, you consent to such transfer. This
How Do We Communicate With You?
We will communicate with you through email and notices posted on the Services. Communications relating
the proper function of your account will be sent to you through email as long as you maintain an account
with us. We may also send you promotional information unless you have opted out of receiving such
information either by clicking the "unsubscribe" link at the bottom of the email or by directly
communicating with us. In response to particular offers or items you have selected, we may send you
emails or messages through the TagRail App. You may manage these messages through the “Alerts” tab of
the TagRail App.
What Choices Can I Make About My Information?
You can use the Services without providing any Personal Information. You can also restrict the Personal
Information we collect by doing such things as logging out of or uninstalling the TagRail App or turning
off or preventing the TagRail App from using your mobile device’s geolocation, Bluetooth®, or similar
capabilities. However, taking these actions may prevent you from using certain features or aspects of
What Is TagRail Policy Regarding Children?
The Services are not intended for use by children under the age of 13, we do not knowingly collect
Personal Information from children under the age of 13 and do not direct our Services to children under
13. If you are under thirteen, please do not submit any Personal Information through the Services. We
encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our
parents’ permission. If you have reason to believe that a child under the age of 13 has provided
Personal Information to us through the Services, please contact us at firstname.lastname@example.org, and we will
endeavor to delete that information from our databases as soon as possible.
How May I Correct My Personal Information?
Through the Services, we provide you with access to update your profile and revise personal account
information previously submitted through the Services. You may also contact us at any time to update
your personal account information by emailing us at email@example.com.
Links To Other Websites
The Services may contain references, links or interactions with other websites not operated or
by us ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party
Sites, and these sites may independently collect information about you. Tagrail assumes no
responsibility or liability for the privacy and information collection policies of these third parties
and we suggest contacting the providers of those sites directly for information on their privacy
Passwords And Logins
Users are solely responsible for maintaining the secrecy of their login, passwords, and account
information. We are not responsible for any action taken by a third party using your login and password.
Notice To California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request
information regarding the disclosure of your personal information by Tagrail to third parties for the
third parties' direct marketing purposes. To make such a request, please send an email to
prior notice. Please review this policy periodically, and especially before you provide any Personal
please feel free to contact us at any time through the contact mechanisms of the Services or through
TagRail Inc. (“TagRail”) allows you to shop with your own personalized catalogue of styles and offers
from the brands you love through its custom mobile software (the “ TagRail app”), its website located at
TagRail.com, and through interactive technologies implemented in connection with our retailer partners
(collectively, the “Services”). By registering to use the Services, or by downloading or using the
If you do not accept this Agreement, you are not authorized to use the Services or the TagRail app. We
may modify this Agreement at any time and such modification will be effective upon posting to the
TagRail.com website or the TagRail app, however we will endeavor to notify our users of any such changes
via email or via notification when using the Services.
Use of the Services
The Services include material, such as software, text, graphics, images, video, audio, data and other
material (collectively referred to as the “Content”). The Content may be owned by us or others,
including other users of the Services, or other third parties (the “Third Party Content”). TagRail Inc
makes no claim of ownership in connection with Third Party Content and makes either licensed use or fair
use of such content for the editorial, news reporting, or other transformative purposes of the Services.
The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the
Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and
you may not use the Content except as permitted under this Agreement.
TagRail is a trademark of TagRail Inc. All other trademarks referenced, depicted, or otherwise used in
connection with the Services (the “Third-Party Trademarks”) belong to their respective owners or
licensees and TagRail Inc is not affiliated with, sponsored by, or otherwise associated with such
entities unless such a relationship is explicitly identified in the Services. The Third-Party Trademarks
may not be used to disparage any applicable third-party, any of their products or services, or in any
manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include links to, and content and data from, third-party websites (“External Sites”). These
links, content, and data are provided solely as a convenience to you and not as an endorsement by us of
the content on such External Sites. The content of such External Sites is developed and provided by
others. In addition, the Services contain content posted, stored, or displayed at the direction of users
of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors
except those that are specifically approved by us. The following activities are expressly prohibited:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the
purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our
sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware
or software thereof, and (iii) any use of the Services that is unlawful or in violation of this
Agreement. Installing this app grants TagRail the right to send the identifiers for your device to third
parties for the use of advertising.
By using the Services, you represent and warrant that you are 13 years of age or older. Your account may
be terminated without warning if we believe that you are under 13 years of age.
Membership in the Services is subject, in our sole discretion, to termination at any time.
The Services may now or in the future permit the submission of Content at the direction of users of the
Services (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You
understand that whether or not such User Content is published, we do not guarantee any confidentiality
with respect to any submissions.
You shall be solely responsible for User Content you submit and the consequences of our posting or
publishing such User Content. In connection with any User Content you submit, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to
use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Content to enable inclusion and use of the User Content in the manner
contemplated by the Services and this Agreement; and (ii) you have the express consent, release, and/or
permission of each and every identifiable individual person in the User Content to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of the User
Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to
us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and
perform all or any portion of the User Content in connection with our operation of the Services and our
(and our successors’) business, including without limitation for promoting and redistributing part or
all of the Services (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Services a non-exclusive license to access your User Content
through the Services, if you have permitted such access through your account settings, and to use,
reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted
through the functionality of the Services and under this Agreement. We may maintain copies of any User
Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not: (i) submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant us all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material
that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or
solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any
opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in
connection with any User Content. We do not permit copyright infringing activities or infringement of
intellectual property rights through the Services, and we will remove all Content and User Content if
properly notified that such Content or User Content infringes on another's intellectual property rights.
We may remove any Content and User Content without prior notice. We may also terminate your access to
the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been
notified of infringing activity more than once and/or has had any User Content removed from the Services
more than twice. We also reserve the right to decide whether Content or User Content is appropriate and
complies with this Agreement for violations other than copyright infringement and violations of
intellectual property law, including, but not limited to, pornography, obscene or defamatory material,
or excessive length. We may remove such User Content and/or terminate your access for uploading such
material in violation of this Agreement at any time, without prior notice and at our sole discretion. If
you are a copyright owner or an agent thereof and believe that any User Content or other Content
infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative
list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
Notifications of claimed infringement and other notices relating to User Content and/or violation of
Agreement (e.g., violations of criminal laws), please email support@TagRail.com. For clarity, only DMCA
notices and notices relating to complaints in connection with User Content or violations of this
Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical
support, and other communications should be addressed to our standard support contacts as identified
through the Services.
TagRail app License
Your use of the TagRail app is subject to this Agreement as well as the Apple app Store Terms and
Conditions and the Usage Rules set forth therein. You are hereby granted a non-transferable license to
use the TagRail app on any authorized device that you lawfully own or control, for the sole purpose of
accessing and using the Services under this Agreement.
The TagRail app and related documentation are "Commercial Items", as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation",
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and (b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of
the United States.
Any use of the TagRail app beyond the scope of the foregoing license is strictly prohibited.
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands,
including, without limitation, reasonable legal and accounting fees, arising or resulting from your
breach of this Agreement or your uploading of, access to, or use or misuse of the Content or the
Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the
exclusive defense and control of any matter which is subject to indemnification under this section. In
such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER
CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR
COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS
THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU
AGREE THAT YOUR USE OF THE SERVICES, THE TAGRAIL APP, AND THE CONTENT IS AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SERVICES OR THE TAGRAIL APP WILL OPERATE ERROR FREE OR THAT THE TAGRAIL
SERVICES, THEIR SERVER(S), OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. IF YOUR USE OF THE TAGRAIL APP OR SERVICES OR THE CONTENT RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE TAGRAIL APP, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE TAGRAIL APP, SERVICES OR THE CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or
consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement is governed by the internal substantive laws of the State of California, without respect
to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction
of the state and federal courts sitting in the City of San Francisco in the State of California. If any
provision of this Agreement is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement,
which shall remain in full force and effect. Failure by us to act on or enforce any provision of the
Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.
No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as
a waiver in any other or subsequent instance. Except as expressly agreed by us and you, this Agreement
constitutes the entire agreement between you and us with respect to the subject matter, and supersedes
all previous or contemporaneous agreements, whether written or oral, between the parties with respect to
the subject matter. The section headings are provided merely for convenience and shall not be given any
legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and