privacy

Privacy Policy for Undertone Advertising Network and Corporate Sites

Undertone is a digital advertising company that may deliver advertisements to the websites you visit. Undertone understands that your online privacy is important to you. We have created the following Privacy Policy to let you know what information we collect on this website, when you visit our customer's (referred to as "Advertisers") websites and when we serve advertisements on our network of websites owned by third-party publishers (collectively, the "Undertone Site Network"), how such information is used, and how it is shared with third parties if shared at all.

Please read this privacy policy carefully. Use of the Undertone Site Network, this website and your sharing of information with us is subject to the terms and conditions of this Privacy Policy. By using the Undertone Site Network, this website or sharing information with us, you give your agreement to this Privacy Policy. The Privacy Policy may be revised or updated at any time by us as further described below.

Please note that this Privacy Policy does not govern or extend to Intercept Interactive's customer form business in which a web visitor completes a form or provides personal information as a response to an ad, including offers and promotions ("Customer Form Ads"). That is addressed by a separate privacy policy found at this link: Customer Form Privacy Policy.

The terms "you," "your," and "yours" refer to the website visitor or consumer. The terms "Undertone," "we," "us," and "our" refer to Undertone Networks, and the companies under its control (such as subsidiaries), or under common control (such as parent companies, or companies owned by its parent company) (collectively, "Undertone Entities").

Information We Collect

Ad Delivery & Reporting Across Multiple Sites

As part of our ad delivery and reporting, we log page views and collect information for the purpose of delivering ads or providing advertising-related services, including providing a specific advertisement based on a particular type of browser or time of day; statistical reporting in connection with the activity on a website; and tracking the number of ads served on a particular day to a particular website. To do so, we collect information about the type of browser and operating system of website visitors, as well as the domain name, day and time of visit, and page(s) visited. We do so across multiple web domains owned or operated by different entities (each, a "Site").

Relevant Advertising

We want to deliver more relevant advertising to you. Delivering more relevant advertising to you and other website visitors allows website owners to generate more advertising revenue. This revenue pays for the free content that they may publish for you, or free services that they may deliver to you. It also means that you are more likely to see online advertising that meets your interests.

In an effort to deliver relevant advertising to you, we collect data across multiple web domains owned or operated by different entities to categorize likely consumer interest segments for use in advertising online ("Online Behavioral Advertising" or "OBA"). For example, we can analyze aggregate, anonymous data to determine that a visitor of a particular Site at 6:30PM is more likely to be interested in Pizza, or antique cars, or a classic movie. We can then serve an ad to the web page the visitor is viewing that offers a discounted Pizza, car show tickets, or classic movie DVD—importantly—without ever knowing the identity or personal information of the visitor.

If you do not wish to benefit from relevant advertising, please feel free opt out OBA as described in the paragraph titled "OBA Opt-Out", below.

Internet Technology

We collect the information described above by using log files, web beacons and cookies. We often engage or cooperate with service and technology companies to collect this information. While this tracking and collection technology is commonly used, you might not be familiar with it, and we would like to explain it:

• "Log files" track actions occurring on websites and collect data including your IP address, browser type, Internet service provider, referring/exit pages, platform type, date/time stamp, click data and types of advertisements viewed.
• "web beacons" are electronic files used to track your navigation of a website or collection of sites, the completion of transactions, submittal of applications and browsing behavior.
• "Cookies" are files (e.g. HTTP cookies) that are stored on your Internet enabled device (which includes your computer, BlackBerry or other PDA). Cookies are mostly used to record what pages and ads you have already viewed. Cookies are used to facilitate website navigation (for example, so your bank knows that you logged in), make sure that you are forwarded to the appropriate website when you click on an ad, and generally improve your web browsing experience. Cookies are also used to control the delivery of a series of advertisements to a web browser, and to limit the number of times a web browser receives any one advertisement. We also use cookies to estimate the total reach of an advertising campaign, as well as frequency of display. You can learn more about cookies on the Internet Advertising Bureau's website www.allaboutcookies.org/cookies/what-information-in-cookie.html.

We use the information we collect for marketing and advertising purposes, to determine which ads perform well, to better match ads and website content to your interests, to assist us in improving the operation of our services, to maintain the quality of our services, to enhance our services to our business partners and clients, to provide general statistics to our business partners and clients regarding use of Undertone's services, and for the other purposes described below.

Personally Identifiable Information

We do not collect data that includes a name, address, telephone number, email address, government-issued identification, or data that likewise would identify a specific individual ("Personal Identifiable Information" or "PII"), except:

Information Obtained from Other Companies

We license and otherwise obtain all types of information from various other companies, including research companies, data aggregation companies and other third party companies. Data sets may include information about you or your demographic segment that such companies have licensed, purchased or collected. We use this information for all the purposes described in this Privacy Policy, and for any other purpose that we chose.

Sharing Your Information

Undertone may use and share your information: (1) to enable third party service providers to assist or facilitate in the services we provide to our clients and customers; (2) to comply with applicable laws and regulations or to respond to a subpoena, search warrant or other lawful request for information received by us, whether or not a response is required by applicable law; (3) to enforce our terms of use or to protect our rights; (4) to protect the safety of members of the public and users of our services; (5) with other Undertone Entities and third party marketing partners; (6) with third party research companies, vendors, administrative service providers, technology providers, and selected partners for data validation, aggregation, enhancement, verification and suppression purposes, and for research, marketing, advertising, and data aggregation purposes; (7) for the purposes described elsewhere in this Privacy Policy; or (8) for any other purpose for which you provide consent. We also may share information with advertisers, publishers and other third parties for marketing and advertising purposes, but such information does not include PII except if you provided it as part of the Customer Form Ad Business described above. While Undertone strongly encourages its advertising customers, service providers, partners, and members of the Undertone Site Network to adopt responsible approaches to online marketing, Undertone is not responsible for the information practices of any of third party entities referenced in this paragraph, which may use the information we share with them for the same purposes as we use the information, or for their own independent purposes. The collection, use, and disclosure of information by clients and partners are subject to their respective privacy policies, which may differ from this Privacy Policy.

Corporate Changes

In the event that Undertone is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your information is treated, transferred, or used.

Information Collected by Third Party Sites

Please be aware that the Sites of our advertiser clients as well as the Sites on which we place advertisements or any Site linked to from one of our websites also may collect information from you. Such information may include non-personally identifiable information through the use of cookies and other technology and any personally identifiable information you may choose to give in registering and transacting with such website. Although we choose our business partners and clients carefully, Undertone is not responsible for the privacy practices of websites operated by such third parties. You should check the applicable privacy policies of such websites you visit to determine how they handle any information they collect from you.

Data Retention

Your Internet browser stores OBA-related data as cookies. If you have cookies disabled, if you delete your cookies, or if other software deletes the cookies used for that data storage, such data is lost because it is not retained separately by Undertone. The cookies that store data related to Undertone's OBA will in any case expire one year after the last time such information is stored, barring any technical malfunction.

Undertone retains information regarding ad delivery (see, "Ad Delivery & Reporting" above) for up to six (6) months. However, Undertone may retain aggregate statistics, reports and summaries regarding ad delivery for a longer period.

Undertone may delete any or all of OBA or information regarding ad delivery that relates to you at any time and in Undertone's sole discretion, notwithstanding its normal data retention policies. Further, Undertone reserves the right to retain and use any information described in this Privacy Policy as reasonably necessary to comply with laws or regulations, notwithstanding any limitations described in this Privacy Policy to the contrary. If Undertone changes its retention data policies by updating this Privacy Policy, its new policies will apply to all data then retained by Undertone.

Your Choices

OBA Opt-Out

If you would like to opt out of OBA, then we offer "opt-out cookies" to block the tracking and placement of future Undertone cookies for OBA purposes on your system for five (5) years. We may increase this period, which means your opt-out choice will continue for a longer period. If you have multiple Internet browsers or users on the same computer, you will need to perform the opt-out operation for each browser and/or user. If you or your anti-virus or other software deletes the opt-out cookies from your computer, if you re-install your browser, or if you delete your cookies (which can happen if you clear or delete your browser history), then you will need to repeat the process. The opt-out cookies will not work while you have set your browser to ignore cookies. Click Here to Install the Undertone Opt-Out Cookie. To opt out of OBA by other NAI member companies, please visit the Network Advertising Initiative website here or the Digital Advertising Alliance (DAA) website here.

Please note that the above link for opt-out cookies is applicable to Undertone and Intercept Interactive, but not any other Undertone Entity website. Also, please note that use of the opt-out cookies will affect our ability to provide you content and advertisements that will more effectively match your interests and may prevent us from controlling the frequency with which you may view any particular advertisement. Please report any problems related to the opt-out process to privacy@undertone.com.

Server Change Notice

Undertone transitioned away from a third-party ad service company in July 2009. If you opted out of targeted advertising between August 2008 and June 2009, you should opt-out again to ensure that your choice is saved and recognized by our ad server. Click Here to Install the Undertone Opt-Out Cookie. To opt out of OBA by other NAI member companies, please visit the Network Advertising Initiative website here or the Digital Advertising Alliance (DAA) website here.

While we enjoy offering you the ability to opt out of OBA, you should know that the opt-out technology, as with most computer technology, is not foolproof. We cannot promise and do not guarantee that our computer systems or those of our vendors will always function properly to exclude you from OBA even thought we work towards that result. To ensure your choice, you may want to revisit the opt-out page and refresh your selection from time to time.

European Union Privacy

The European Union ("EU") maintains strict privacy laws. These rules differ significantly from the laws of the United States of America ("US"). To reconcile these differences, the US and the EU have created a safe harbor ("Safe Harbor") that defines mutually acceptable privacy operations. For more information see www.export.gov/safeharbor. By providing information to us, you acknowledge that we operate in the US and you agree to (i) permit us to transmit and use your user information anywhere necessary, including across international boundaries, to better improve the services and transactions provided by Undertone; and (ii) that such use by us shall be subject to the terms and conditions stated in this Privacy Policy and our Terms of Use.

Children's Privacy

Undertone is very sensitive to the issue of children's privacy. Undertone's products and services are neither developed for, nor directed at, children. Undertone does not employ or offer targeting towards children under the age of 13. If you believe your child has provided us with personally identifiable data, and you would like to have the data removed, please contact us.

User Choice and Privacy Generally

NAI: Undertone is a member of the Network Advertising Initiative ("NAI"). The NAI is a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards. For more information, please visit www.networkadvertising.org.

Ad Choices: Undertone supports deployment of Advertising Option icon (Ad Choices), in partnership with Evidon, as part of its compliance with Digital Advertising Alliance self-regulation program. As part of this service, online advertisements served by Undertone are sometimes delivered with icons that help consumers understand how their data is being used and provide choice options to consumers that want more control.

Security

Undertone employs standard measures to ensure the security of all information. We routinely evaluate our practices to identify security threats or opportunities for the improvement of our services. No transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume these risks when communicating with us.

Changes

Undertone may find it appropriate or necessary, or may be legally obligated, to update this Privacy Policy from time to time. When we do, we will post those changes on this page and update the effective date (found at the bottom) so that you have a way to always become aware of the information we collect, how we use it, and under what circumstances we disclose it. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of information you have already provided to us, we will attempt to obtain your consent (if we have the necessary contact information) before implementing such revisions with respect to such information, or notify you either by placing a prominent notice on the home page of our website or by directly sending you a notification. For all other changes, it is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

YOU UNDERSTAND AND AGREE THAT UNDERTONE NETWORKS' LIABILITY FROM ANY DISPUTE OVER PRIVACY OR THIS PRIVACY POLICY WILL BE LIMITED AS SET FORTH IN THE TERMS AND CONDITIONS OF OUR APPLICABLE WEBSITE TERMS AND CONDITIONS.

Contact Us

If you have questions about this Privacy Policy, the practices of or your dealings with us relating to this Privacy Policy, please email us at privacy@undertone.com or you can send correspondence to us at the following address:

Undertone
Attn: Chief Compliance Officer
101 Park Avenue
17th Floor
New York, NY 10178

Privacy Policy - October 21, 2011