Welcome to the ATM! We offer an advertising platform that let you get paid for watching ads and gives you control of sharing your information with advertisers!
Before using the website available at ATM.com (the “ Site ”) or the ATM mobile application (“ App ”), please take the time to carefully read our Terms of Service below (“ Terms ,” or “ Agreement ”). The Terms constitute a binding contract between you and ATM.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 15 BELOW FOR MORE INFORMATION.
1. Acceptance of Terms
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that:
1. you are accessing the Services solely within the United States of America and its territories (US),
2. you are over the age of thirteen (13) and you are not accessing the Services or using the Services on behalf of anyone whose age is under 13 years, and
3. you are fully able and competent to enter into a binding contract.
If at any time you are not in full compliance with all foregoing provisions of this Section, you are in material violation of this Agreement and you must immediately cease all use of, and access to the Services.
2. Modification to this Agreement and the Services .
Additionally, ATM reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that ATM shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to your existing third-party software on your device in order to continue to use the Services. ATM may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. License Grant
We grant to you a limited, personal, revocable, worldwide, royalty-free, non-exclusive, and non-transferable right and license to use the Services. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services.
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.
4. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
2. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3. You shall not use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
4. You shall not violate any separate agreements between you and ATM;
5. You shall not attempt to use any method to gain unauthorized access to any features of the Services;
6. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
7. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
8. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
9. You shall not directly or indirectly take any action that imposes or may impose (as determined by ATM in its sole discretion) an unreasonable or disproportionately large load on ATM ’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
10. You shall not create a false identity on the Services, misrepresent your identity, create a profile for anyone other than you, or use or attempt to use another account;
11. You shall not disclose information that you do not have the consent to disclose (such as confidential information of others (including of your employer if you are an individual)); and
12. You shall not post content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
If for any reason, ATM determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
5. Collection and Use of Your Information.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.
7. ATM Account
You may view basic landing page content on the Services without registering for an account, but as a condition of using certain aspects of the Services, including watching ads in exchange for payment, you are required to create a ATM account (an “ Account”). Each individual User may establish only one (1) Account.
You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current, and complete information, and agree to update it and keep it accurate , current, and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to ATM immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. ATM cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
8. ATM Payments
Users will receive advertisements (an “Ad”) selected by us. If you view an Ad under your User account, we will deposit a credit into your ATM account. Once you have earned at least $10 or more in credits, you will have the option to process payment of those credits directly to your checking account, PayPal, or other such services as made available on our platform, redeem credits for a gift card, or donate the credits to your favorite non-for profit. You expressly authorize ATM or ATM’s service provider to originate credit transfers to your financial institution account. We reserve the right to adjust the amount of credits you will receive per Ad view. Additional credit opportunities might be offered, with instructions on how such credits might be credited to your ATM account. You agree that you have not earned the right to any of the credits until or unless you have at least $10 worth of credits in your ATM account.
You agree that credits in your ATM account will not earn any interest. You agree to solely responsible for any taxes resulting from the processing of credits to your account, and understand that we will not withhold any credits for the purpose of paying your taxes.
9. Termination of Usage
You may cancel your account at any time through your account settings. We may suspend or cancel your account without notice to you if you violate this Agreement. If your account is cancelled, ATM reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you, subject to the account balance provisions below.
Upon termination of your account. your license to use ATM’s Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, any funds earned by you and owed to you through your use of the platform, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.
Account Balances After Termination or Inactivity
User "Inactivity" is defined by:
1. The User replying STOP to our text notifications; or
2. The User has not fully completed an opportunity in their ATM in 12 months or more.
In any case, ATM will reach out to the User via email, warning them that their account is considered inactive and will be closed if not reactivated.
After an account is deemed inactive, ATM will assess an account maintenance fee of $10.00 (or the maximum remaining balance) until the account is reactivated by emailing support@ATM.com . Prior to deducting any fees due to account inactivity, ATM will provide you at least thirty (30) days- written notice. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned.
Once an account is abandoned, ATM is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. ATM may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.
10. Third-Party Sites (including Advertiser Sites)
The Services permit you to link to other websites or resources on the internet, including when you choose to opt-in to view an advertiser’s information. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with ATM. Your dealings with third parties are solely between you and such third parties. You agree that ATM will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
11. ATM Intellectual Property and User Content
Through the Services, ATM may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “ Content ”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos.
Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. ATM shall be the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on ATM's social media pages (collectively, " Feedback "). Without limitation, ATM will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote ATM, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the Feedback.
To the extent that you decide to post any content (“ User Content ”), including your profile information, photos, or Feedback, on the Services, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ATM all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not ATM, have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and copyright. ATM may refuse to accept or transmit User Content. Additionally, ATM shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases content that has been mislabeled or is otherwise deceptive, objectionable or difficult to view. Under no circumstances will ATM be liable in any way for any User Content not modified by ATM , including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or distributed elsewhere.
12. Copyright and Trademark Notices
ATM complies with the Digital Millennium Copyright Act (DMCA). ATM will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify ATM’s Copyright Agent by email at support@ATM.com or by mail to the address in the Contact section . Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Copyright Agent. Your email must contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, sufficient for ATM to locate the material; your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, ATM has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. ATM also may terminate User accounts even based on a single infringement.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, ATM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ATM’s sole discretion.
13. Warranty and Disclaimer
YOU USE THE SERVICES IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION THAT YOU CHOOSE TO SHARE VIA THE SERVICES IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES IN THE EVENT OF AN EMERGENCY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. ATM makes no warranties or representations of any kind, express, statutory or implied as to:
1. the availability of telecommunication services from your or any other telecommunications services provider and access by you or any other user to the Services at any time or from any location;
2. any loss, damage, or other security intrusion of the telecommunication Services;
3. compatibility between our Services and your mobile device; and/or
4. any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
14. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL ATM , NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO TIMES (2X) THE TOTAL AMOUNT EARNED BY YOU ON THE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR FIVE HUNDRED U.S. DOLLARS ($500.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, ATM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and to hold harmless ATM, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Services or your inability to use the Services; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information; and (d) your Content. Your agreement to defend, to indemnify, and to hold ATM harmless applies whether any claim against ATM is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the Services caused damage to you or to any third party and/or your use and access to the Services. This indemnification section shall survive your termination of or cessation of use of the Services.
16. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
UNLESS YOU EXPRESSLY OPT-OUT, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT AS THE SOLE MEANS TO RESOLVE CLAIMS, SUBJECT TO THE TERMS SET FORTH BELOW. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “ AAA ”), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply Texas law to all other matters.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain cases. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitration will take place at any reasonable location within the United States reasonably convenient for both parties.
Class Action Waiver
WE AND YOU AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“ intellectual property rights ” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to ATM at support @ATM.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, ATM also will not be bound by them.
Changes to this Section
ATM will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
For any dispute not subject to arbitration you and ATM agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Dallas County, Texas. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and ATM shall be governed by the laws of the State of New Mexico without regard to conflict of law provisions.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you. Any assignment in violation of this section shall be null and void. ATM may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
18. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
19. Notice Policy and Your Consent
Under these Terms you are contracting with ATM Inc. , a Delaware corporation with its operations in New Mexico. All notices should be addressed to ATM Inc. at the address in the Contact section below.
You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your account or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth in the Contact section or at such other address as we may advise from time to time, pursuant to this provision.
20. Geographic Limits of Service
ATM make no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States or that these Terms comply with the laws of any other country. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
ATM reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
21. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New Mexico and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
22. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any dispute must commence within two years after the cause of action accrues, or you will be forever barred from bringing such dispute.
23. Integration and Severability
These Terms and other referenced material constitute the entire agreement between you and ATM with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and ATM with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
24. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
25. Terms for iOS App
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms , you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and , as between Apple and ATM, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ATM’s responsibility, but only to the extent provided by these Terms . Please read the entire Terms , as other sections of these Terms limit ATM’s liability in this regard.
Apple, and Apple ’s subsidiaries, are third-party beneficiaries of these Terms . Upon your acceptance of the Terms, Apple will have the right ( and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
If you have any questions regarding these Terms please contact us at support @atm.com.
Last modified: September 3, 2020
Thank you for using our Services. At ATM, we believe you should get to choose when your information is shared, which is one of the reasons we have created a platform where you can get paid for watching ads and sharing your information!
ATM Inc. (“ ATM ”) operates the ATM mobile application (“ App ”), the ATM.com website (“ Site ”), and the pay-for-views services offered through our platform (together with the App and the Sites, the “ Services ”).
INFORMATION ATM COLLECTS AND HOW WE COLLECT IT
Types of Information Collected
Through the Services, ATM may collect both personal information and non-personal information about you.
“ Personal Data” is information by which you may be personally identified. Among other data that you may voluntarily choose to provide, ATM may collect the following Personal Data from you:
• Phone Number;
• Gender (optional);
• Marital Status (optional);
• Household Income (optional);
• Profile Photos (optional); and
• Bank Account Number.
Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. We may collect your IP Address, device information, or location information.
Why we collect and how we use your information. (Legal Basis)
In general, we collect and use your Personal Data for the following reasons:
• when it is necessary for the general functioning of the Services, including to facilitate payments or to contact you;
• when it is necessary in connection with any contract you have entered into with us (including our terms of service) or to take steps prior to entering into a contract with us;
• when we have obtained your prior consent to the use (this legal basis is only used in relation to uses that are entirely voluntary - it is not used for information processing that is necessary or obligatory in any way);
• when we have a legitimate interest in processing your information for the purpose of providing or improving our Services;
• when have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law; or
• when we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws.
We may use aggregated (anonymized) information about our users, and information that does not identify any individual, without restriction.
How we collect information.
With the exception of IP addresses which may be automatically collected, we collect your Personal Data only when you affirmatively give it to us through interactions with the Services, including:
• During sign up to create an account on the Site;
• When you download and create an account through the App;
• When you enter optional preference information; and
• Through surveys, promotions, contests, and/or contact us forms;
Additionally, we may collect data via automatic means including through cookies.
Please note that if you give out personal information online such as in a forum or message board, that information is not protected, is visible to the public and other visitors of the Site and can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you voluntarily post and we have no control over how such third parties may use your information. You disclose any personal information at your own risk.
Automated Data Collection Methods
A cookie is a small file placed on the hard drive of your computer. Cookies are used to help us manage and report on your interaction with the Site. Through cookies, we are able to collect information that we use to improve the Services, authenticate your login credentials, keep track of click-stream data, or manage multiple instances of the Site in a single browser. Cookies may also collect other data such as the date and time you visited the Site, and your current IP address.
You can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
We use means to collect IP addresses, physical location, and to report access times. We use this information to ensure compliance with various state laws. Occasionally, we use the information to improve our Services.
Do Not Track Settings
We do not track our Users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals.
WHO WE SHARE DATA WITH
We may use aggregated (anonymized) information about our users, and information that does not identify any individual, without restriction.
We may share your Personal Data with the following parties under the following circumstances:
After you watch an ad, you will have the opportunity to request that we share your information with the applicable advertiser. We will only share your data if you affirmatively instruct us to via the platform.
Successors in Interest
Law enforcement and other governmental agencies.
We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
Service providers and partners
We may, for our legitimate interests, share your information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Some of the functions that our service providers provide are as follows:
- Host server infrastructure and storage;
- Business analytics services;
- In-App user management;
- Identity verification management;
- Payment processing;
- Site log analytics service for activity, performance, and troubleshooting;
- App log analytics service for activity, performance, and troubleshooting;
- Infrastructure monitoring for app performance; and
- Email management services.
HOW ATM PROTECTS YOUR INFORMATION
ATM employs physical, electronic and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. In the event that there is breach in the information that we hold, we shall notify of such breach via email or via notice on the Services.
How Long do we Store Personal Data?
We will only retain your Personal Data for as long as is necessary to fulfil the purposes for which it is collected. This length of time may vary according to the nature of your relationship with us. Personal Data will be purged after two years of nonuse of an account.
ACCESSING AND CONTROLLING YOUR INFORMATION
If you would like to prevent us from collecting your information completely, you should cease use of our Services. You can also control certain data via these other methods:
Opt-out of non-essential electronic communications: You may opt out of receiving newsletters and other non-essential messages by using the “unsubscribe” function included in all such messages. However, you will continue to receive notices and essential transactional emails. If you have already opted-in, you can later choose to stop receiving such information or opt out of a feature. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request.
Optional information: You can always choose not to fill in non-mandatory fields when you submit any form linked to our services. communications.
Amend information: You may amend your information through your account page on the platform.
If you are a California resident, you also have the rights disclosed below.
SPECIFIC RIGHTS AND DISCLOSURES FOR CALIFORNIA RESIDENTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
CCPA Privacy Notice
If you are a California resident, you have the following rights with respect to information that we hold about you. We attempt to provide you the same rights no matter where you choose to live.
• Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information‘s source, purpose and period of processing, and the persons to whom the information is shared.
• Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.
• Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.
• Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.
• Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing.
CCPA Data Collection Summary
This chart is a summary of data we do collect and have collected over the past 12 months.
Categories of Personal Information Do we Collect? Do we Disclose for a business purpose? Do we sell?
Identifiers: (Contact details, such as real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name) YES YES NO
Categories of Information described in the California Customer Records statute: (including name, email, phone number, mailing address, SSN, driver‘s license number, and bank account number) YES YES NO
Geolocation Data: (device location) YES YES NO
Inferences Drawn from other Personal Information to Create a Profile About a Consumer: (Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual‘s preferences and characteristics) YES YES NO
Internet or other Electronic Network Activity Information:
(Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements) YES YES NO
Commercial Information: (Transaction information, purchase history, financial details, and payment information) NO NO NO
Characteristics of Protected Classifications under California or Federal Law (gender and date of birth) YES YES NO
Biometric Information: (Fingerprints and voiceprints) NO NO NO
Audio, Visual, or Similar Information: (Images and audio, video, or call recordings created in connection with our business activities) NO NO NO
Professional or Employment Related Information: ( Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications) NO NO NO
Non-Public Education Information (per the Family Educational Rights and Privacy Act) (Student records and directory information) NO NO NO
THIRD-PARTY SERVICES AND WEBSITES
ATM is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Services, including advertisers you may connect with via the Services, nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party.
USERS UNDER THE AGE OF 16
Our Services are not intended for children under 16 years of age and we do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.
USERS FROM THE EUROPEAN ECONOMIC AREA
For the purposes of data collection under the GDPR, ATM shall be the data controller. If you are an individual resident in EEA, you have the following data protection rights regarding personal data:
• You have the right to access, correct, update or request deletion of your personal data. You can do so at any time by contacting us.
• You have the right to object to processing of your personal data, to ask us to restrict processing of your personal data, or to request portability of your personal data. Again, you can exercise these rights by contacting us.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
• You have that right to revoke consent that was previously given. If we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your Personal Data.
For more information, please contact your local data protection authority. If you would like to exercise any of the above rights, please contact us at support@ATM.com.
12231 Academy Rd. NE #301-173
Albuquerque NM 87111
If you have any questions or concerns regarding our policy, or if you believe our policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We will keep records of your request and any resolution.