Privacy Policy

We respect your privacy and we are committed to protecting it. This Privacy Policy describes the types of personally identifiable information or personal data (“Personal Information”) that Data Fusion 535 Media, LLC d/b/a DataFusion (“we” or “us”) may collect and our practices for collecting, using, maintaining, protecting and disclosing it.

This Privacy Policy is part of the Terms of Service governing your use of our website. By using our website, you accept and agree to be bound by our Terms of Service and this Privacy Policy. If you do not consent to any part of our Terms of Service or the practices described in this Privacy Policy, you must not access or use our website.

‍INTRODUCTION

Data Fusion provides an advertising platform (the “Platform”) that connects buyers and sellers of advertisements and advertising space (our “Clients”) in order to deliver targeted ads and other content that you may find useful. The Personal Information that we may collect from or about you, and how we may use and share it, depends on the nature of the relationship we have with you, as described below.

‍PERSONAL INFORMATION THAT WE COLLECT

From End Users: We collect Personal Information about individuals who have visited our clients’ and/or suppliers’ website, social media pages, or other digital properties, as well as individuals from whom our Clients or suppliers have collected Personal Information for the purposes of delivering targeted ads. We refer to these individuals as “End Users” and to our clients and suppliers together as “Clients.” This Personal Information includes contact information, online identifiers, advertising identifiers, device identifiers such as mobile IDs, and IP address information. This information may reveal your geolocation, online activities, information about your browser, and your interactions with advertisements. Occasionally, our Clients may access aggregated Personal Information through our Platform, that was collected and is maintained by third-parties, which may reveal additional demographic information including your age, marital status, income, and purchasing or browsing tendencies. Although this third-party demographic information may be delivered to our Clients through our Platform, it is not our practice to view, access, or use such information.

From our Clients and Business Contacts: We collect standard business-contact information from our Clients, prospective Clients, and business-contacts (“Clients”), and from our vendors or service providers who help us administer our business (“Service Providers”). This information may include names, contact information, professional affiliations, order history, and payment or invoicing information.

‍HOW WE USE COOKIES & TRACKERS ON OUR WEBSITE

As is true of most website, ours automatically collects certain Personal Information from visitors to our website (“Website Visitors”). We do this through the use of cookies, which are small text files that allow websites to recognize repeat visitors, facilitate a visitor’s ongoing access to and use of a website, and track usage behavior. We may also use other standard internet technologies on our website, such as beacons, pixels, or tags, to deliver or communicate with cookies and track your use of our website. The Personal Information that we may collect from our Website Visitors includes online identifiers, advertising identifiers, device identifiers such as mobile IDs, and IP address information. This information may reveal your geolocation, online activities, and information about your browser or your interactions with our website.

If a Website Visitor does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. However, visitors should note that cookies may be necessary to provide them with certain features (e.g., customized delivery of information) available on our website.

‍UNIVERSAL OPT-OUT MECHANISMS (“UOOMs”)

Universal Opt-Out Mechanisms are browser signals that indicate a visitor’s intent to opt-out of some uses of their Personal Information on websites they visit. If our website recognizes that your browser is expressing a UOOM, we will treat it as a request to opt-out of the sharing of your Personal Information. Our website does not respond to “Do Not Track” signals. In some cases, we will not be able to link the UOOM of your browser to other Personal Information that we may have collected from you by other means. To express your intent to opt-out of our processing Personal Information collected from you outside of our website, please see the section titled “Exercising Your State Privacy Rights” below.

‍HOW WE USE PERSONAL INFORMATION

We use Personal Information of End Users to provide our advertising and marketing services to our Clients, including through our Platform. These uses include: displaying advertisements; allowing Clients to search for, bid on, purchase, and place ads; tracking and reporting engagement with ads; analyzing ad effectiveness; screening for fraud or other security issues; and improving the effectiveness and engagement of ads or the operation of our Platform. For example, we may use your geolocation, zip code, or Mobile ID to allow Clients to find and place ads in a certain geofenced location. We may also use Personal Information, including online or advertising identifiers, online activities, and interactions with ads, to provide feedback to our Clients on how End Users interacted with their ads.

We use Personal Information of our Clients and Service Providers for standard business purposes such as providing our marketing and advertising services, maintaining and updating the Platform, processing orders, facilitating invoices and payments, responding to requests, and generally administering our business.

We use Personal Information from our own Website Visitors to perform statistical analyses of visitor behavior, measure interest in and use of various areas of our website, and generally improve and optimize our website. It is not our practice to link Personal Information from Cookies or similar technologies collected through our website to other Personal Information we may have about Website Visitors, although we reserve the right to do so in certain circumstances, such as to screen for or prevent fraud and to ensure website security.

HOW WE DISCLOSE PERSONAL INFORMATION

We may share your Personal Information with trusted third parties, such as Service Providers, who help us provide our marketing and advertising services and maintain our Platform or website. We may also share Personal Information with our Clients for the purposes set forth above, including to: search for, purchase, and place ads; track and report engagement; and analyze and improve ad effectiveness.

We may provide Personal Information collected through our own website to third parties, such as Google Analytics, in return for website analysis that we use for purposes of research and evaluation of our website.

Finally, in rare circumstances we may share your Personal Information to: comply with applicable laws and regulations; to detect, prevent or otherwise address fraud, security or technical issues; to respond to a subpoena, court order, other lawful request for information; or to otherwise protect our rights, property, or safety, or the rights, property, or safety of other persons or entities. In the event that we choose to sell, transfer, or merge parts of our business or our assets with another business or a third-party, your Personal Information may also be disclosed or transferred as part of that merger or transaction

‍HOW WE RETAIN AND DELETE PERSONAL INFORMATION

We do not retain Personal Information for longer than reasonably necessary to fulfill the business purposes for which it was collected, conduct audits, enforce our legal rights, prevent fraud and ensure security, or comply with our legal obligations. Because our advertising business depends on current information, most Personal Information that we collect about End Users and our Website Visitors has a pre-set expiration date. For example, information collected from cookies and other trackers on our website generally expires after 12 months.

Our retention periods for other types of Personal Information vary depending on the nature of our relationship with you, the sensitivity of the Personal Information, and the risks involved with any related processing. We regularly review our data retention periods and update these policies as needed.

‍HOW WE PROTECT PERSONAL INFORMATION

We use commercially reasonable administrative, technical, and physical security measures designed to protect and safeguard the security of the Personal Information that we process. Unfortunately, no transmission of data over the internet, and no system for storing data, is guaranteed to be completely secure. While we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information disclosed or transmitted to us and cannot be responsible for the theft, destruction, or inadvertent disclosure of Personal Information.

‍THIRD-PARTY LINKS

Our website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of those websites. We are not responsible for the content of linked third-party sites and make no representations regarding the privacy practices, content, or accuracy of materials on third-party websites. By accessing another website from ours, you hereby release us from any and all liability for your use of such link and website. We encourage you to look for and review the privacy policy of every website that you visit through a link or advertisement.

‍CHILDREN’S PRIVACY

We do not knowingly collect any Personal Information from, or market to or target, individuals under the age of 18. If you are under 18, please do not submit any Personal Information on our website or through any communications channels, including online.

‍PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA AND CERTAIN OTHER STATES

If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Montana, Minnesota, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia,, you may have certain rights regarding the use of your Personal Information. This section of the Privacy Policy describes those rights and how you can exercise them. Not all state privacy laws provide equal privacy rights. While we endeavor to respond to all privacy rights requests, we reserve the right to limit our response if we determine that your request is fraudulent or made in bad faith, or if the law otherwise does not require it.

1. The right to notice that Personal Information will be collected:

You have the right to know certain information about our collection and use of Personal Information over the past 12 months. The categories of such Personal Information are listed below along with the sources of that information, the purposes for which we collect it, the types of third parties to whom we have disclosed it, and the purposes for that disclosure.

For all of the categories listed below: (i) we do not use this Personal Information to create profiles on individuals that produce legal or similarly significant effects; and (ii) we retain this Personal Information only for the time period necessary to achieve the purposes outlined in this Privacy Policy, taking into account our business needs (such as resolving disputes, conducting audits, and enforcing legal rights), the sensitivity of the Personal Information and risks involved in keeping it, and the retention requirements under applicable law.

• • Identifiers (such as your name, postal or email address, account name, or IP address); Personal Information categories listed in Cal. Civ. Code § 17S8.80(e) (such as your name or zip code); Internet or other similar network activity (such as browsing history or a consumer’s interaction with a website, application or advertisement) and geolocation data (such as physical location); Commercial information (such as products or services considered or other consuming histories or tendencies); and Inferences drawn from other Personal Information (such as a profile reflecting a person’s preferences or trends):
    • Purposes of processing: We collect this type of information for a variety of business purposes, including but not limited to: providing our marketing and advertising services to Clients; performing our own marketing and advertising; and administering our business. The purposes for which we collect this information may vary based on our relationship with you, as described at the top of this Privacy Policy.
    • Sources: We collect this information directly from you, from our Clients (e.g., measurement companies that feed this information to our Platform), and occasionally from third-parties who collect demographic information that we match with our Clients’ preferences through our Platform.
    • Sharing, selling, and advertising: In the past 12 months, we have disclosed information in this category to: Clients (e.g., ad buyers or suppliers) and our Service Providers (e.g., Google Analytics in return for website analytics). We also make this information available to our Clients for the purpose of cross-context behavioral or targeted advertising.
  • Protected classification characteristics under California or federal law (such as age, race, ancestry, citizenship, religion, marital status, medical condition, pregnancy or childbirth, sexual orientation, or military status):
    • Purposes of processing: We collect this type of information to provide our marketing and advertising services.
    • Sources: We receive this demographic information from our service providers (e.g., Oracle).
    • Sharing, selling, and advertising: In the past 12 months, we have allowed Clients (e.g., ad buyers or suppliers) to access this information through our Platform to match their preferences with aggregated demographic information.
  • Sensitive Personal Information (that may reveal your racial or ethnic origin or sexual orientation):some text.
    • Purposes of processing: We collect this type of information in the aggregate to provide our marketing and advertising services.
    • Sources: We receive this demographic information in the aggregate from our service providers (e.g., Oracle).
    • Sharing, selling, and advertising: Although we do not review or edit this information, in the past 12 months we may have allowed Clients (e.g., ad buyers or suppliers) to match their preferences with this aggregated demographic information to target ads at certain audiences.

    We do not collect or process Personal Information in the following categories: sensory data (such as audio, electronic, visual, or similar information); or biometric information (such as fingerprints, faceprints, or voiceprints). Other than as described above, we also do not collect or process sensitive Personal Information revealing your status as transgender or nonbinary; health or medical information; religious or philosophical beliefs; genetic data; neural data; union membership; precise geolocation; status as a victim of a crime; your biometric information for identification purposes; your account login combined with a password (aside from allowing our Clients access to our Platform); the contents of your mail, email and text messages where we are not the intended recipient; your financial account, debit card or credit card number combined with any required security or access code, password, or credentials allowing access to an account; or the Personal Information of children.

2.  The right to know what Personal Information has been collected, sold or disclosed for a business purpose, and to whom it was sold or disclosed:

You have the right to know what Personal Information we have collected about you in the past 12 months. Once we receive and confirm your verifiable request, we may disclose to you:

• • • The categories of Personal Information we’ve collected about you.
    • The categories of sources for the Personal Information we’ve collected about you.
    • Our business or commercial purpose for collecting and/or selling that Personal Information.
    • The categories of Personal Information that we’ve shared with third parties.
    • The categories of third parties with whom we’ve shared that Personal Information (residents of Delaware, Minnesota, and Oregon residents have the right to request a list of such third parties).
    • The specific pieces of Personal Information we’ve collected about you.
      ‍

Pursuant to state privacy laws, we may deny your request, in whole or in part, including to comply with federal, state or local laws or to prevent disclosure of information that we are otherwise legally prohibited from disclosing. In the event that we deny your request, we will inform you of the basis for such denial.

3. The right to opt-out of the sale or sharing of Personal Information or limit the use of Sensitive Personal Information:

You have the right to direct companies not to sell your Personal Information. You also have the right to direct companies not to share your Personal Information for the purpose of (i) targeted advertising or (ii) for profiling in furtherance of decisions that produce legal or similarly significant effects. Except for Utah residents, you also have the right to opt-out from a company processing your Personal Information by automated means for profiling in furtherance of decisions that produce legal or similarly significant effects. Minnesota residents have the right to challenge and possibly change a decision made by automated profiling. Residents of most other states listed above have the right to not consent, or withdraw consent, to the processing of their sensitive Personal Information.

4. The right to have your Personal Information deleted:

You have the right to request that we delete any of your Personal Information that we have collected, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we may delete (and direct our service providers to delete) your Personal Information from our records, unless prohibited by law.

5. The right to correct your Personal Information:

You have the right to request that we correct inaccuracies in the Personal Information that we maintain about you. In responding, we may consider the nature of the Personal Information, the purposes for processing it, and the totality of the circumstances.

6. The right to data portability:

You have the right to request a copy of the Personal Information that we maintain about you in a commonly used, easily readable format.

7. The right to nondiscrimination as a result of exercising these rights:

Finally, you have the right to be protected from discrimination by any business as a result of exercising your privacy rights. For example, as a result of you exercising these rights, we will never deny you goods or services, charge you different prices or rates, or provide you a different level or quality of goods or services.

If you believe we have violated any of your rights listed in this Privacy Statement, please contact us at the information below.

Exercising your state privacy rights:

If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Montana, Minnesota, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, or Virginia and would like to make a request pursuant to any of the rights described in this section, you may do so by following the instructions on the form found here. Alternatively, you may make the same requests by calling us at (800) 452-5282, or by emailing us at [email protected]. You may also use the same webform or contact information to authorize an agent to submit requests on your behalf. We may require written and signed authorization from you before an agent may act on your behalf.

In order to protect your Personal Information, we are required to verify that any person making a request under this section is in fact you or your authorized agent. In order to verify the identity of the person making a request, we may ask you to provide the following information: your name, IP address, physical address, or phone number. We will use this information only for the purposes of verifying that your request is authentic.

Once we receive your request, we will respond within 10 business days and inform you if we need any more information in order to verify your request. We will provide the information you requested within 45 days of your request. If we require more than 45 days to respond to your request, we will inform you of the reasons why. For requests from California consumers to opt out of the sale or sharing of their Personal Information for the purposes of cross-context behavioral advertising, or requests to limit the use of sensitive Personal Information, we will respond within 15 days. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded.

Your right to appeal our response to your privacy rights requests:

Residents of Colorado, Connecticut, Minnesota, Montana, Oregon, Texas, and Virginia have the right to appeal our decisions in response to the exercise of your privacy rights requests. To initiate an internal appeal, please contact us at the addresses or phone number listed above or by filling out the form found here. We will respond to your request for an internal appeal within 45 days, but we may take up to 60 additional days for good cause. If you are unhappy with the results of your appeal, you may contact your state attorney general.

‍PRIVACY RIGHTS FOR RESIDENTS OF EUROPE, THE UNITED KINGDOM, & CANADA

If you are a resident of the European Economic Area, the United Kingdom, or Canada, you have certain rights regarding the use of your Personal Information. This section of the Privacy Policy describes those rights and how you can exercise them. This content is part of, and should be read in conjunction with, the rest of this Privacy Policy, which also contains information on our cookie use above.

The legal bases for which we may process your Personal Information include:

• • • The performance of any contractual relationship we have with you.
    • Where it is necessary for compliance with our legal obligations.
    • Where you have provided your consent to certain types of processing.
    • Where it is in our legitimate interests or the legitimate interests of our partners, affiliates, clients, vendors and service providers (provided these are not overridden by your interests and fundamental rights and freedoms), such as:some text
      • To provide our products and services, including marketing and targeted advertisements.
      • To respond to requests and inquiries.
      • To administer our business, including marketing, advertising, and analysis.
      • To prevent and detect fraud or security threats.
      • To comply with applicable laws, regulations or ethical obligations.

Where it is in our legitimate interests or the legitimate interests of our partners, affiliates, clients, vendors and service providers (provided these are not overridden by your interests and fundamental rights and freedoms), such as: Your Personal Information may be transferred to countries outside your country of residence, including to the United States. By submitting your Personal Information, you agree to this transfer, storing, and processing. Any such transfer shall take place only in accordance with and as permitted by law, but please be aware that the laws and practices relating to the protection of Personal Information are likely to be different and, in some cases, may be weaker than those within your home jurisdiction.

Residents of the European Economic Area, the United Kingdom, Canada, and certain other countries have unique privacy rights. These include the right to receive or reasonably access the Personal Information that we process, request a portable copy of that information and the ability to review, correct, delete, restrict or object to the processing of such information. You also have the right to withdraw your consent to our processing of your Personal Information at any time.

All of these rights are subject to certain conditions and exemptions. Although we make good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to when it would compromise others’ privacy or other legitimate rights, when the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or when the information is commercially proprietary. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

If you would like to review or update your Personal Information or preferences, or have your information removed from our mailing lists, please let us know by contacting us (as the “controller” of your data) at the information provided below.

UK General Data Protection Regulation (GDPR) – UK Representative Pursuant to Article 27 of the UK GDPR: we have appointed EDPO UK Ltd as our UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR by: using EDPO’s online request form at https://edpo.com/uk-gdpr-data-request/ or by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom.

Residents of the European Economic Area and the United Kingdom may also report privacy complaints directly to their local data protection authorities. See https://www.edpb.europa.eu/about-edpb/about-edpb/members_en for more information. You may also contact us to be directed to the relevant authorities for your jurisdiction.

‍HOW WE USE OUR EMPLOYEES’ PERSONAL INFORMATION

In addition to the information described in the rest of this policy, we also process the Personal Information of our employees and job applicants for standard employment-related purposes, including:

• • 1. Complying with state and federal law and regulations;
    2. Processing payroll;
    3. Maintaining insurance policies and coverages, group health insurance benefits, and 401K or retirement plans, including processing claims;
    4. Managing employee performance and conducting workplace investigations;
    5. Evaluating job applicants and candidates for employment or promotions;
    6. Communicating with employees regarding employment and human resources matters; and
    7. Managing and securing access to our IT systems, detecting security incidents, repairing errors, and protecting against malicious or illegal activity.

We may share Personal Information of our employees and job applicants with the following categories of third-parties:

• • 1. Government entities, or otherwise as required by law;
    2. HR service providers, including payroll processors, insurance providers, and retirement plans;
    3. IT service providers to maintain the security and efficiency of our IT systems and websites.

We process the following categories of employee and job applicant Personal Information for the business purposes listed above, referenced by number, and may share it with the following categories of third-parties listed above, referenced by letter: