Effective as of November 7, 2018
2. What do we do with information collected in connection with our Website and Services?
To power portions of our Website, and provide our Services, we collect the categories of information detailed in section 3 below. We use such collected data to: (i) analyze the quality of digital advertising opportunities, (ii) provide digital advertising inventory fraud detection services, and (iii) generate digital advertising inventory quality-related rankings, reports and indices. Because of the nature of our business, we have no reason to—and do not—combine this collected data with any other data in order to personally identify individual, human users.
3. What technologies are used, and data types are collected, in connection with operation of our Website and Services?
4. What specific data types are collected and received in connection with day-to-day operation of our business, including with respect to our billing and support of existing clients, marketing and sales to prospective and existing clients, and human resources-related activities?
In connection with the day-to-day operation of our business, we collect and receive the following categories of information:
Contact information. We collect contact information from: (i) visitors to our Website, (ii) direct marketing outreach efforts, (iii) third-party marketing automation tools, and (iv) our clients’ use of our Services. Contact information may be provided via browser- based or portable document format (PDF) forms, and may include first name, last name, email address, job title, name of the organization, street number and name, state/province/region, country, phone numbers (cell and/or landline), and other information reasonably required for us to respond and engage properly and expeditiously. This contact information may be used by our sales, customer success, human resources and/or finance teams to contact our Website visitors and Services clients, as applicable, so that we may provide requested information, support, training and/or our Services.
Billing information. We collect financial, billing and payment information from our clients, prospective clients (in connection with credit checks), and third-party vendors, which may include purchase order numbers, account numbers, credit reports, and/or instructions for wire transfers or ACH transfers. This billing and payment information may be used to prepare and send invoices, make and receive payments, and otherwise manage our clients’ and third-party vendors’ accounts.
5. What technologies are used, and what data types are collected and used, in connection with our day-to-day operations?
Automatic data collection. Like most organizations, we rely on automatic data collection technology, including third-party technologies (e.g., Google Analytics), when you access and use our Website and Services. These third-party services may use online tracking technologies to collect information such as your IP address, internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of our Website or Services you visit, number of links you click while on our Website or Services, search terms, and other data.
Please be advised that if you disable, restrict, or block cookies, or similarly opt out of or otherwise limit the performance of our Website or Services, or related services performed by any third party vendor, you may not be able to use the full functionality of our Website and Services. (For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics.)
Use of aggregated data. In an ongoing effort to better understand our Website visitors and Services clients, we may analyze information in an aggregated form to operate, maintain, manage, and improve our Website and Services. Aggregate information is anonymous (i.e., it does not identify individuals personally). We may share aggregated data with our clients and Website visitors, as well as with our agents and business partners. We may also disclose aggregated statistics to prospective business partners and other third parties, in order to describe our Website and Services and for other lawful purposes.
6. Under what circumstances would data be transferred, and what safeguards are in place regarding data transfer?
Disclosure of personal information in connection with legal and administrative proceedings. We are required from time to time to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also be required to disclose personal information in the course of defending ourselves in litigation, and to third parties when compelled to do so by governmental authorities or as otherwise required by law or regulation (including, but not limited to, in response to court and administrative orders and subpoenas). In all such circumstances, we will make reasonable efforts to maintain confidentiality of such personal information.
7. May you review, correct, modify or delete any of your personal information that we possess?
You may request to review, correct, modify or delete any of the personal information that you have previously provided to us. To update your billing information, or request return or deletion of your data associated with your account, please contact your account representative or our customer success team. For other requests to access, correct, modify or delete your personal information, please email email@example.com. Requests to access, change, or delete your personal information will be addressed within a reasonable timeframe. If we are merely a processor of your personal information, we encourage you to contact the third-party controller of your personal information directly for assistance in accessing, correcting, updating or deleting such information.
8. How long is personal information retained, and what steps are taken to safeguard personal information?
9. Is your Website or Services collecting information from children, or directed in any way towards children?
We do not knowingly collect any personal information from children under the age of 13 in connection with our Website or Services, and our business is not directed in any way towards children. If you are under age 13, please do use our Website or Services, and do not give us any personal information. If you have reason to believe that a child under the age of 13 has provided any personal information to us, please contact us at firstname.lastname@example.org, and we will endeavor to delete that information from our databases expeditiously.
10. Do you exercise any control over the privacy practices of third-party websites to which you may link?
11. Does the European Union (“EU”)’s General Data Protection Regulation (“GDPR”) apply to you?
GDPR effective date and applicability. The GDPR came into force across the EU on 25 May 2018. The GDPR applies to the collection, use, and disclosure of data relating to identified or identifiable human end users in the EU (“Data Subjects”). The GDPR describes system- and device-related identifiers like IP addresses, unique device IDs, and cookie IDs as “pseudonymous” forms of Data Subjects’ personal information.
Pseudonymous information. Information in pseudonymous form is commonly collected and processed in connection with digital advertising. Even though operation of our Website and Services do not require processing or storage of names, phone numbers, house numbers, street addresses, or similarly-identifying data elements of Data Subjects—nor does operation of our Website and Services require processing or storage of sensitive personal information of Data Subjects, such as governmental ID numbers or personal health information—the GDPR still applies to our business.
Fraud prevention is a legal basis under Article 6 and Recital 47 of the GDPR. Article 6 of the GDPR requires a legal basis for the processing of a Data Subject’s personal data. The GDPR provides a right to process the personal data of Data Subjects to further a company’s own “legitimate interests,” or the legitimate interests of a third party, provided that doing so will not infringe adversely upon the fundamental rights and freedoms of the applicable Data Subjects. Recital 47 of the GDPR states expressly that the “processing of personal data strictly necessary for the purposes of preventing fraud” constitutes a legitimate interest, and such provision serves as our legal basis for the processing of Data Subjects’ personal data in connection with operation of our Website and Services.
Express consent is a legal basis under GDPR Article 6. Another permissible legal basis to process a Data Subject’s personal data is express consent from the Data Subject. We may utilize such basis from time to time in connection with our direct marketing efforts to Data Subjects. With respect to the processing of client and client-prospect data relating to Pixalate’s business, we will take reasonable steps to ensure that our consent mechanisms for obtaining personal data of Data Subjects enable them to understand what consent(s) they are providing, and why and how we use such consent(s); and we give clear, defined ways to consent to us controlling and/or processing such Data Subject personal data. Where we use any third party to process Data Subjects’ personal data on our behalf (e.g., employee payroll, recruitment, and benefits), we will enter into reasonable data- processor agreements and establish (and update from time to time) due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures will include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organizational measures in place to ensure reasonable data protection and compliance with the GDPR.
Safeguards regarding data transfer of personal information to third parties. Where the a third party to which we are transferring personal information is acting as:
- A data controller, we ensure, contractually, that such: (i) third party complies with applicable notice and choice obligations, and (ii) data may only be processed for limited and specified purposes (e.g., fraud prevention). Where consent serves as a legal basis for processing, we ensure, contractually, that: (A) the processing will be consistent with the consent provided by the individual, (B) the third party will provide at least the same level of information security and privacy protection as Pixalate, and (C) the third party will notify us if it makes a determination that it can no longer meet these contractual obligations; or
- Our agent, we ensure, contractually, that: (i) such data is only processed for limited and specified purposes (e.g., fraud prevention), and (ii) the agent: (A) provides at least the same level of information security and privacy protection as Pixalate, (B) processes the personal information transferred in a manner consistent with our obligations specified herein, and (C) notifies us promptly if it makes a determination that it can no longer meet these contractual obligations. (We will provide a summary or a representative copy of the relevant privacy provisions of our contract with the applicable third-party agent to government authorities upon request.)
In the event that a third party data controller or agent to which we are transferring personal information makes a determination that it can no longer meet its information security and privacy obligations to us as referenced above, the applicable contract will require cessation of processing and other reasonable and appropriate steps to remediate any such failure.
Hosting on third-party platforms. Pixalate’s Services run on Amazon Web Services (“AWS”) and the Google Cloud Platform. The EU data protection authorities, acting collectively as the Article 29 Working Party, approved: (i) Google’s “model clauses” based agreements for its Cloud Platform, and (ii) Amazon’s AWS Data Processing Agreement (DPA).
12. Is Pixalate certified under the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield frameworks?
Pixalate complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from EEA member countries and Switzerland (the “Principles”). To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
Pixalate Inc., 2209 El Camino Real, Suite 202, Palo Alto, CA 94306 USA
Pixalate has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles or the Swiss-U.S. Privacy Shield Principles to JAMS. If you do not receive timely acknowledgment from Pixalate of your inquiry or complaint, or if your inquiry or complaint is not addressed satisfactorily, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information. A binding arbitration option may also be made available to you in order to address complaints not resolved by any other means. Pixalate is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
13. How do California residents submit requests for information under California’s privacy rights regulation?
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Pixalate via email at email@example.com.
14. Is it possible to opt out of direct marketing and/or interest-based digital advertising?
Opting out of direct marketing or email management. You may opt out at any time from the use of your personal information for direct marketing purposes, or the transfer of your personal information to third parties for direct marketing purposes, by emailing us at firstname.lastname@example.org. Please allow us a reasonable time to process your request. If you are a Pixalate client company, you may not opt out from receiving transactional emails related to your account.
Browser tracking opt out. Individual users may opt out of interest-based digital advertising in the context of internet browsing, or otherwise limit the information that may be collected about them and/or how it is used. Please visit www.aboutads.info/choices to learn more about interest-based advertising and how to opt out of this form of advertising.
Mobile device tracking opt-out. Individual users who opt-out of mobile device tracking limit the information that may be collected about them and/or how it may be used. You may opt-out of interest-based and demographic-based advertising using your mobile device settings. Please follow the instructions below for Android and iOS applications.
Opt-out process for Android-based mobile devices:
- Open the Google Settings app on your device
- Select Ads
- Set the “Opt-out of interest-based ads” slider to your desired position
- Optionally, you may reset the advertising identifier associated with your device
Opt-out process for iOS-based mobile devices:
- Open Settings
- Select Privacy
- Select Advertising
- Set the “Limit Ad Tracking” slider to your desired position
- Optionally, you may reset the advertising identifier associated with your device
Please note that opting out via your browser on your desktop computer will not limit the collection of information on your mobile device(s) or OTT system(s), and opting out on your mobile device(s) or OTT system(s) will not limit the collection of information through your computer’s internet browser. Opting out limits the collection of data but does not eliminate such data collection completely. Some information may still be collected about your browsing of websites, and use of mobile applications or OTT systems, after you limit tracking on such browsers, devices or systems.
“Do Not Track” signals. Currently, various browsers—including Chrome, Firefox, and Safari—offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user's browser DNT preference setting. At present, Pixalate does not commit to responding to browsers' DNT signals with respect to our Website or Services, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators. Accordingly, there is not presently a consistent standard for interpreting user intent. Pixalate takes privacy and meaningful choice seriously and will continue to monitor developments around DNT browser technology and the implementation of any such standards.
16. How do you contact us?
Call us at 1-888-PIXALATE; or Write to us at:
2209 El Camino Real, Suite 202, Palo Alto, CA 94306 USA
Attn: Legal Affairs