UNDERTONE PRIVACY POLICY

Last Updated: August 1, 2019

 

This privacy policy (“Privacy Policy”) governs how we, Intercept Interactive Inc. D.B.A Undertone and any of its affiliated companies (together, “Undertone” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) on this website and when we serve advertisements on our network of websites and applications owned by third-party publishers (collectively, the “Undertone Site Network”), how such information is used, and how it is shared with third parties, including our customers (referred to as “Advertisers”) if shared at all, such as in the following use cases:

    1. When you browse or visit our website, https://www.undertone.com/ (“Website”);
    2. When you make use of, or interact with, our Website
      1. When you make a comment in our blog
      2. When you sign up for our newsletters / email list / blog
      3. When we process your job application
      4. When you contact us (e.g. customer support, help, submit a request)
    3. When we serve to you a relevant advertising
    4. When you attend a marketing event and provide Personal Data/When you exchange business cards with us
    5. When we use the Personal Data of our service providers and suppliers
    6. When we use the Personal Data of our customers
    7. When you interact with us on our social media profiles (e.g., Facebook, Glassdoor, Twitter, LinkedIn)

 

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

Table of contents:

      1. What information we collect, why we collect it, and how it is used
      2. Period of storage of collected information
      3. How we protect and store your personal data
      4. How we share your personal data
      5. Additional information regarding transfers of personal data
      6. Your privacy rights.
      7. Use by children
      8. Adtech information
      9. California privacy rights
      10. Corporate changes
      11. How to contact us

 

This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below.  If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

  1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
Data we collect Why is the data collected and for what purposes? Legal basis (GDPR only, if applicable) Consequences of not providing the data
When you browse or visit our website
Cookies, analytic tools and log files

For more information, please read our cookies policy [link]

  • To provide better service (e.g. interest based advertising).
  • To improve the service
Consent

Legitimate interest (e.g. essential cookies)

Cannot collect and store the information

Cannot use or access some parts of the Website

When you make use of, or interact with, our Website
When you make a comment in our blog
  • Full name
  • Email address
  • Comment / messages
  • Website
  • Any other information you decide to provide/supply
  • To process and post your comment
  • To process and contact you
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Legitimate interest (e.g. to process and upload your comment)

Cannot upload your comment

We will not be able to contact you

When you sign up for our newsletters / email list / blog
  • Full name
  • Job title
  • Company
  • Email  address
  • Users preference and what you are interested in
  • To add you to our mailing list and keep you updated of new services, features and functionalities as well as updates about Undertone
  • To send updates and/or marketing communications
Consent

Legitimate interest (e.g. send you more information about Undertone)

Cannot add you to our mailing list and keep you updated

Cannot send you updated and/or marketing communications

When we process your job application
  • Full name
  • Email address
  • Phone number
  • Resume / CV
  • Gender
  • Race/Ethnicity
  • Self-Identify as a U.S. Veteran
  • Any other information you decide to provide/supply
  • To process your job application
  • To assess the candidate
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Legitimate interest (e.g. to process job applications)

Cannot process your job application

Cannot assess your suitability as a candidate

When you contact us (e.g. Customer support, help, submit a request)
  • Full name
  • Title
  • Company
  • Email  address
  • Users preference
  • Any other information you decide to provide/supply
  • To process and answer questions
  • To provide support (e.g., to solve problems, bugs or issues) and handle your complaints and/or feedback
  • To customize your experience
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Legitimate interest (e.g., respond to a query sent by you).

Cannot assist you and respond your query

Cannot provide support and handle your complaints and/or feedback

Cannot customize your experience

When we serve to you a relevant advertising
  • First party data (click, impression)
  • IP address
  • Browser type
  • Internet service provider
  • Date/time stamp
  • A unique identifier for the bid request;
  • The user’s IP address
  • Cookie IDs
  • User IDs
  • A user-agent string identifying the user’s browser and device type
  • The user’s location
  • The detected language of the user’s system
  • The device type (desktop/mobile, brand, model, operating system)
  • Other information relating to the user (this can vary)
  • To make use of our services
  • To deliver more relevant advertising to you and other visitors
  • To operate, provide, improve, update, fix and customize our services, including, serving you with first and third party contextual and personalized content on first and third party websites and applications across your devices on the Undertone Site Network
  • To monitor, analyze and optimize your use of our services, including analyzing seasonal and annual usage trends, and providing you and our business partners with new functionality and features
Consent Cannot use of our services

Cannot deliver more relevant advertising to you

Cannot improve our services and the platformed delivery

Cannot monitor, analyze and optimize your use and interaction with our ads

When you attend a marketing event and provide Personal Data / When you exchange business cards with us
  • Full name
  • Email address
  • Company name
  • Job position
  • Phone numbers
  • Any other data you decide to provide/supply
  • To establish a business connection
  • To send marketing communications
Consent

Legitimate interest (e.g. send you more information about Undertone)

Cannot establish a business connection
Cannot send marketing communications
When we use the Personal Data of our service providers and suppliers
  • Full name
  • Email address
  • Company name
  • Job position
  • Phone numbers
  • Any other data you decide to provide/supply
  • To contact our service providers
  • To perform the applicable agreement
Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Legitimate interest (e.g. perform the contract, send contract-related communications)

Cannot communicate with you

Cannot perform the applicable agreement

When we use the Personal Data of our customers
  • Full name
  • Email address
  • Company name
  • Job position
  • Company
  • Email  address
  • Phone number
  • Any other data you decide to provide/supply
  • To provide our products and services
  • To perform the applicable agreement
  • To communicate with our customers/clients
  • To send marketing communications
Processing is necessary for the performance of a contract to which our customer is a party.

Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).

Legitimate interest (e.g. send you contract-related communications)

Cannot provide the services and/or our products

Cannot perform the agreement

Cannot communicate with you

When you interact with us on our social media profiles (e.g., Facebook, Glassdoor, Twitter, LinkedIn)
  • Full name
  • Email address
  • Social media handle
  • Any other data you decide to provide/supply
  • To reply and/or respond to your request or question
  • To establish a first business connection/discussion
Consent

Legitimate interest (e.g. send you more information about Undertone)

Cannot reply or respond to your request

Cannot establish a business connection

 

Finally, please note that some of the abovementioned Personal Data will be used for fraud detection and prevention, and for security purposes. The abovementioned Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize your personal data. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

 

  1. PERIOD OF STORAGE OF COLLECTED INFORMATION

 

Personal Data. Your Personal Data (as described above) will be stored until we: (i) no longer need the information and proactively delete it or (ii) you send a valid deletion request.  Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually.

Cookies. This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings. Read more in our cookie policy (available in the link provided above)

Your Internet browser stores IBA-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, Undertone will no longer be able to recognize your browser for the purpose of IBA. The cookies that store data related to Undertone’s IBA will in any case expire, at latest, one year after the last time such information is stored, barring any technical malfunction. In the mobile environment, if you reset your device ID on your device, Undertone will no longer be able to recognize your device for the purpose of IBA.

Advertising information: Undertone retains information regarding ad delivery (see, “Ad Delivery & Reporting” above) for up to two (2) years. However, Undertone may retain aggregate statistics, reports and summaries regarding ad delivery for a longer period.

 

  1. HOW WE PROTECT AND STORE YOUR INFORMATION

 

Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

 

Retention of your Personal Data. In addition to the retention periods mentioned in Section 2 above, in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

 

  1. HOW WE SHARE YOUR PERSONAL DATA

 

We will share your data with several categories of recipients, for the following activities:

 

With multinational CRM providers (such as Salesforce) for customer management;

With multinational cloud providers (such as Amazon) for hosting purposes;

With multinational word press service providers in order to help us manage our subscription and blog service;

With US and EU based recruitment companies in order to manage our recruitment life cycle;

With US and EU based marketing companies to assist with our marketing needs (such as event planning);

With US and EU based analytic companies to help us understand and analyze data we collect (which may include Personal Data) in accordance with this policy; and

With US and EU based ad exchanges companies to help us to deliver our ads.

 

In addition to the categories of recipients described above, we may share your Personal Data as follows:

 

To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;

If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events; and/or

Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

 

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, to the maximum extent permitted under applicable law is not and will not be responsible for the information practices of any of the third party entities referenced in this Privacy Policy, 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. If you want to exercise your right of access information, please make your request by contacting us to privacy@undertone.com.

 

  1. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

 

Internal transfers: We ensure transfers with the affiliated companies of Undertone will be covered by an agreement entered into by members of the such group of companies (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;

 

External transfers:

Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data or rely on adequacy decisions issued by the European Commission. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.

 

Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

 

  1. YOUR PRIVACY RIGHTS.

 

Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;

You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading;

You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;

You have the right to object, to or to request restriction, of the processing;

You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;

You have the right to object to profiling;

You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;

You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;

You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

 

You can exercise your rights by contacting us at privacy@undertone.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

 

  1. USE BY CHILDREN

 

Undertone is very sensitive to the issue of children’s privacy. Some of Undertone’s products and services are developed for, or directed to children. However, Undertone does not collect, use, or disclose personal information from children under 13, as that is defined by the FTC under the Children’s Online Privacy Protection Act (COPPA), and Undertone is fully compliant with COPPA.  If you believe your child has provided us with PII through the Undertone corporate site or through our corporate marketing materials, please contact us and we will delete any such data.

 

  1. ADTECH INFORMATION

 

The AdTech ecosystem is intended to provide more relevant advertising to you and other visitors allows owners of website and applications 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 the Undertone Site Network and from third party data vendors with whom we have engaged with  in order to categorize likely consumer interest segments for use in advertising online (“Interest-Based Advertising” or “IBA”) such as the web pages you visit or applications you use, the content you see, access and utilize on such web pages and applications; for example, offerings and advertisements that you view, use and access, how you use them and your response to them (i.e., clickstream data), how frequently and when you use them. For example, we can analyze 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 of the visitor.

 

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, without limitation, 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 or application; and tracking the number of ads served on a particular day to a particular website or application. To do so, we collect certain technical information about an end user when they interact with our services including the type of device, browser, mobile application and operating system used including the particular version or model and certain configurations and settings, non-precise geographical location (through IP addresses and regional data), device identifiers such as IDFA for IOS and the Advertising ID for Android, ISP (Internet Service Provider) and ISP location, as well as the domain name or details of the application, day and time of visit, and page(s) visited. In order to better serve advertisements, we will associate multiple browsers or devices to the same user. We do so across multiple web domains and applications owned or operated by different entities within the Undertone Site Network. Undertone may also collect this information when you are visiting the Undertone corporate site.

 

a)              IBA Opt-Out

Undertone is committed to providing consumers notice and choice regarding IBA. Undertone offers an “opt-out cookie” for those that wish to opt-out of Undertone IBA activities on the web. This cookie will honor your IBA preferences for a period of 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. Undertone may be unable to provide you with an opt-out cookie if your browser is set to block third-party cookies.

To opt-out of IBA, please use our opt-out tool. You may also opt-out of web IBA conducted by Undertone and other member companies of the Network Advertising Initiative (NAI) by visiting the NAI website.  Or you may opt-out of IBA by Undertone and other member companies of the Digital Advertising Alliance (DAA) by visiting the DAA website .

For Canadian consumers, you may also access the opt-out tool on the Digital Advertising Alliance of Canada (DAAC) website or the Ad Choices Canada website (en Français).

Please report any problems related to the opt-out process to privacy@undertone.com.

 

b)             Mobile Opt-Out

Undertone is also committed to providing customers the ability to opt-out of IBA in the mobile setting. For mobile opt-outs, we rely on the standard opt-out mechanism for ad traffic that we get from mobile applications. Users may choose not to be tracked for advertising purposes by accessing their mobile device’s privacy settings. When Undertone receives an in-app ad request from an in-app advertising partner, it also receives a “DNT” (do not track) indication in the ad request. The value for the DNT parameter is captured from the user’s privacy settings. When Undertone receives a DNT=1, we honor this as an opt-out request. For detailed instructions on how to opt-out of IBA according to the user’s mobile operating system, please visit http://www.networkadvertising.org/mobile-choice.

c)              User Choice and Privacy Generally

Undertone is a member of the Network Advertising Initiative (“NAI”) and adheres to the NAI’s Code of Conduct. 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.

AdChoices: Undertone supports deployment of AdChoices icon, in partnership with Ghostery Enterprise, 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.

.

d)             Internet Technology

We, our advertising partners and certain technology vendors collect the information described above by using log files, pixels or web beacons and cookies. We often engage or cooperate with service and technology companies to collect this information. If you want to receive the list of recipients of your Personal Data, please make your request by contacting us to privacy@undertone.comWhile 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.

·         “Pixels” or “Web beacons” are electronic files or tags that reside on web pages and applications and are 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, tablet, or mobile device). 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.

 

In the mobile environment, we use device identifiers such as the IDFA (Identifier for Advertisers used in IOS) and the Advertising ID (Identifier for Advertisers used in Android) in the same way as we use cookies to identify your device for IBA purposes.

In addition to the uses set forth below, our primary use of the information we collect is 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.

 

  1. CALIFORNIA PRIVACY RIGHTS

 

Access Requests. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@undertone.com. Please note that we are only required to respond to one request per customer each year.

Our California Do Not Track Notice. Do Not Track is a privacy preference that can be configured in certain web browsers (the “DNT Feature”); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. Undertone does not currently respond or recognize DNT Feature signals.

Deletion of Content From California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. To remove, please send an email to privacy@undertone.com. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

 

  1. 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.

 

  1. CONTACT US

 

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at to privacy@undertone.com.

TO THE MAXIMUM EXTENT PERMIITED BY LAW, YOU UNDERSTAND AND AGREE THAT UNDERTONE’S 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.

Intercept Interactive, Inc. d.b.a. Undertone

Attn: Chief Compliance Officer

One World Trade Center, 77th Floor, Suite A

New York, NY  10007