1. COLLECTION OF PERSONAL INFORMATION. Personal information refers to information that is related to you, and may include things such as your email address, mailing address, mobile number, demographic information, participation in marketing programs, and marketing preferences. AdAction collects personal information when Users voluntarily submit it to us. For example, we may collect or receive information from you when you create an Account, edit your Account Information, use or access Service or Content, or otherwise interact with us or other Users of the Platform. We also collect information from our Customers about their end users, which may be users of the Platform, such as Customer promotions, surveys, or contests offered to any end user of a Customer.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data||Physical location or movements.||YES|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
In addition to personal information that we may receive from you, AdAction may collect other information from Users using the following technologies:
- Cookies. “Cookies” are small bits of information that the Platform places on the hard drive of your computer. Cookies remember information about your activities on the Platform to make your visits to the Platform more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit the Platform. If you’ve chosen to disable cookies on your browser, some of the functionality of the Platform may be lost. Certain Services provided by AdAction, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
- Web Server Logs. Web server logs are records of activity created by the computer that delivers the web pages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a web page. The web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
- Device Information. We may collect information about the mobile device or computer you use to access the Platform, including without limitation the hardware model, operating system and version, browser type, unique device identifiers, and mobile network information.
AdAction participates in behavioral-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about you so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on the Platform, or on other web sites.
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including Customers, third parties, or publicly available sources.
Lastly, we may collect personal information that is necessary for our legitimate interests, which will be disclosed to you at the time of collection. AdAction will use this information for the purposes of which it was collected.
2. USE OF PERSONAL INFORMATION. AdAction’s primary purpose in collecting personal information is to provide you with advertisements about products and services that match your interests. AdAction may also use personal information about you for various purposes, including without limitation to:
- To help diagnose problems with the Platform, to administer the Platform, and to enhance the Platform for optimal User experience.
- To monitor the usage and performance of the Platform, and to determine aggregate information about our Users and usage patterns.
- To customize Content and Services that may be of interest to our Users.
- To identify you when you access and use any Sites or Applications.
- To facilitate transactions and process payments.
- To provide you with more relevant advertisements.
- To send Users materials, updates, and product information regarding the Platform.
- To provide maintenance, support, and customer service for the Platform.
- To conduct research and analysis.
- To contact Users for information verification purposes.
- To fulfil other legitimate purposes permitted by applicable law.
3. SHARING OF PERSONAL INFORMATION.
AdAction may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this policy, and we may do so with your consent. AdAction may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with AdAction). AdAction may share your personal information with service providers that perform services for AdAction, such as providing hosting services, marketing assistance, analyzing User data, processing payment card information, and for other legitimate purposes permitted by applicable law. There may also be instances when AdAction may disclose your personal information without providing you with a choice in order to protect the legal rights of AdAction, other affiliated companies or their employees, agents, and contractors; to honor a request that you have made through the Platform; to protect the safety and security of other Users; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if AdAction sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, AdAction may transfer your personal information to a third party as part of that transaction.
The Platform may offer you the ability to share your personal information through a social networking site (e.g., Facebook, Twitter, LinkedIn), using such site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables you to share personal information about yourself with other individuals or the public, depending on the settings that you have established with such social networking site. Additionally, by making personal information available on the Platform, you “opt in” to allow AdAction to provide such personal information to a social networking site without your further consent. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.
4. PUBLIC FORUM AND MESSAGING. AdAction may offer public discussion forums and bulletin boards. Please note that information that you disclose in these public forums become public. Use caution in disclosing any personal information. The Platform may also allow you to exchange messages with other Users. We may store these messages in order to deliver them and allow you to manage them.
6. ACCESS & CHOICE. AdAction has implemented the following procedure that you may use to access, correct, or delete your personal information, or choose how your information is used:
- You may have a right, in accordance with applicable laws, to access, update, correct, and in some cases requests deletion of the personal information that we hold about you. When updating your personal information, we may ask you to verify your identity before we can act on your request. Any access request will be subject to the relevant fee, if any, to meet our costs in providing you with details of the information we hold about you. We will comply with your request as soon as reasonably practicable and in accordance with applicable laws. We may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations, or to complete any transactions that you began prior to requesting such change or access.
- If you wish to stop receiving email marketing communications from AdAction, please contact us at the address listed below or clicking the “Unsubscribe” in any marketing communications. If you opt out, we may still send you non-promotional communications, such as those about your Account or to facilitate Content or Services that you have made or accepted.
- Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time AdAction does not modify your experience based upon whether such a signal is broadcast.
7. OPT-OUT. In line with best practices in our industry, we respect your rights to opt-out of receiving advertising. To opt-out of AdAction behavioral advertising, email your request to email@example.com. You can further limit the advertisements you receive using the following methods:
Device Setting. iOS devices include Apple’s advertising control features which can limit ad tracking using the “Limit Ad Tracking” setting. For example, you can do this by going to “Settings” from the device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking”. In Android devices, you can activate the “Opt-out of interest-based ads” setting. For example, you can do this by going to “Settings” on the device; select “Google Settings”; select “Ads”; and check the box labelled “Opt-Out of Interest-Based Ads”. Please note that even if you opt-out, you will still receive advertising but these messages will not feature interest-based ads that may be more relevant to you.
Advertising Alliance Programs. You may use the Network Advertising Initiative (“NAI”) and Digital Advertising Alliance (“DAA”) opt-out tools to learn more about targeted or interest based advertising and to opt out of certain targeting programs not associated with AdAction.
8. RETENTION OF PERSONAL INFORMATION. AdAction retains your personal information:
For so long as your Account is active or as needed to provide you with Services or to fulfill our contractual obligations;
As necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and
For so long as is necessary for the purposes for which we collected such personal information.
9. OTHER INFORMATION.
Notice to California Residents. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with AdAction are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below.
International Operations. AdAction is based, and this Platform is hosted, in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to AdAction, please note that any personal information that you provide to AdAction may be transferred to the United States of America. By providing your personal information, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any terms and conditions related to the use of and access to the Platform.
AdAction Interactive LLC
Attn: AdAction Legal Department
If AdAction needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.
Effective as of April 10, 2018