ADSCEND MEDIA LLC Privacy Policy

The Adscend Media website at www.adscendmedia.com (the "Website") is provided to You by Adscend Media, LLC and/or any of its related, affiliated and/or subsidiary companies (individually and collectively, "Adscend Media", "We" or "Us"), and the following Privacy Policy applies to all of the services offered by Adscend Media in connection with the Website. For convenience, the words "User," "You" and "Your" as used in this Privacy Policy refer to users of the Website.

Adscend Media recognizes that Your privacy and the protection of Your Personal Information is important to you, and therefore, has adopted this Privacy Policy. This Privacy Policy describes Adscend Media's privacy practices and how Adscend Media treats the Personal Information that it collects from You when You use the use the Website, including any Personal Information You provide when You conduct business with Adscend Media on or through the Website or use Adscend Media's services that are provided on or through the Website.

This policy is prepared in compliance with the requirements of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), as in force from time to time. Where a particular provision applies to EU- based users only, we have made this clear. For the purposes of the GDPR, our representative within the EU is Jason Bash. Our nominated person for data protection is Jason Bash and their contact details are gdpr@adscendmedia.com.

For the purposes of this Privacy Policy, Personal Information is information that (i) You provide to Adscend Media and (ii) personally identifies You, either directly or indirectly. Personal Information includes Your name, email and postal address, billing, banking and payment information, telephone number and other data that can be used to personally identify or contact You.

HOW WE OBTAIN THE PERSONAL INFORMATION

Adscend Media may obtain, collect, retain, store or otherwise maintain Your Personal Information from the following sources:

  • Your Adscend Media Application: In order for You to use any of the services provided by Adscend Media, including becoming an Adscend Media publisher (collectively, the "Adscend Media Services"), you will be required to submit an application to Adscend Media ("Your Application"). Your Application will require You to provide Personal Information to Adscend Media. If Your Application is rejected, Adscend Media may retain Your Personal Information at its discretion.
  • Your Creation and Maintenance of Your Adscend Media Account: If Your Application is accepted, You will be required to provide Personal Information to Adscend Media in order to create and maintain as current an account with Adscend Media ("Your Account").
  • Your Responses to Communications form Adscend Media: From time to time, Adscend Media, may communicate with You through email, postal mail or other forms of electronic communications regarding the Your Account, the Adscend Media Services, the and Website. If You respond to these communications, Your responses may contain Personal Information.

You can decline to provide Your Personal Information to Adscend Media by not engaging in the activities described above. If You decline to submit Personal Information, Adscend Media may not be able to or may choose not to provide to You some or all of the Adscend Media Services.

Adscend Media also collects non-personally identifiable server-log information relating to users of the Website. This information, may include information such as, but not limited to: (i) Your account activity, including storage usage, number of log-ins, data displayed or selected, including user interface elements, links, etc.; and (ii) Your web request, Internet Protocol address, browser type, browser language, the date and time of Your request, date and time of access, one or more cookies that may uniquely identify Your browser and referrer Uniform Resource Locator. None of this information enables Adscend Media to personally identify or contact You.

WHY WE COLLECT PERSONAL INFORMATION

We collect this information for the purposes described in the section titled “How We Use Personal Information”. The lawful basis for which we process your information is: your consent processing is necessary for the performance of a contract to which you are a party. If you fail to provide this information we may be unable to perform the contract. processing is necessary for compliance with our legal obligations. processing is necessary for the purpose of the legitimate interest pursued by us or a third party, except where your rights as a data subject override our legitimate interest.

HOW WE USE PERSONAL INFORMATION

Adscend Media only uses Personal Information for the purposes and in the manner described in this Privacy Policy. Specifically, Adscend Media only uses Your Personal Information for:

  • Evaluating and verifying Your Application and communicating with You regarding Your Application;
  • Doing business with You, including processing payments and communicating with you regarding Your business activities relating to the Adscend Media Services;
  • Processing, formatting and displaying customized content on the Website for You;
  • Communicating with You regarding changes to: Adscend Media's Terms of Service, this Privacy Policy or any other policies or terms relating to the Adscend Media Services or Your relationship with Adscend Media.
  • Auditing, research and analysis in order to maintain, protect and improve the Adscend Media Services and the Website;
  • Communicating with You, with Your consent, regarding new and additional Adscend Media Services and changes to the Website; and/or
  • Ensuring the technical functioning of the Website, including creating and maintaining back-ups or other archival copies of Personal Information and other related data.

If you are based in the EU, We will only use your personal information for electronic marketing purposes if we are allowed to do this by law or if we have your consent. If you agree to us providing you with marketing information, you can always opt out at a later date. If you would rather not receive marketing material from us, please let us know at any time by opting out of marketing communications in your account settings.

Adscend Media restricts access to Personal Information to those employees, contractors and agents of Adscend Media who need to access Personal Information for the purposes specified above. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

Except as otherwise set forth herein, Adscend Media does not share Your Personal Information with third parties without Your consent, except when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce or remedy a violation(s) of Adscend Media's Terms of Service. In such circumstances, Your Personal Information may also be disclosed to Adscend Media's attorneys.

If Adscend Media desires to use Your Personal Information for any purpose other than those described in this Privacy Policy, Adscend Media will request Your consent prior to such use and offer You an effective way to opt out of the use of Personal Information for those other purposes. If You opt out or otherwise decline to submit Personal Information in response to such a request, Adscend Media may not be able to provide to You some or all of the Adscend Media Services or some or all of the features available on the Website.

THIRD PARTY INFORMATION

Adscend Media may collect or purchase information from third parties regarding persons who provided such information to those third parties. Information provided by the third party may include, but not limited to, individual names, email and postal addresses, telephone numbers, birth dates, genders, and any other information provided by the Third Party. Adscend Media uses its reasonable best efforts to ensure that (i) the third party possesses the right to transfer the information to Adscend Media and (ii) Adscend Media has received the right to communicate with the persons who provided the information.

COOKIES AND WEB BEACONS PLACED BY ADSCEND MEDIA

When You visit the Website, We send to Your computer one or more "cookies" (i.e., a small file containing a string of characters) that, among other things, uniquely identifies Your browser and allows the Website to "remember" Your computer and Your activities on the Website. Adscend Media uses cookies to uniquely and anonymously identify its users. No Personal Information is collected or stored in these cookies. These cookies cannot damage a user's files and cannot read information from a user's hard drive. Most web browsers are initially set up to accept cookies, but You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that some of the Website's features may not function properly and You may not be able to use the Adscend Media Services if Your cookies are disabled.

Adscend Media uses cookies for tracking user clicks on an ad, and subsequent successful completion and crediting of leads to the correct destination, whether that is an advertiser or publisher account at Adscend Media. Adscend Media may also use cookies for statistical analysis purposes.

A web beacon is generally a transparent graphic image (usually a very small pixel) that is placed on a website or in an email which is used to monitor behavior of a user visiting a website or email. When HTML code for a web beacon points to a site to retrieve the image, it can pass along information such as IP address of the computer that retrieved the image, time the page was viewed and length, the type of internet browser that retrieved the image, and any previously set cookie values in regards to the web beacon.

LINKS

This Privacy Policy only pertains to the Website and the Adscend Media Services. Other websites, such as those to which the Website links to or link to the Website, may have their own privacy policies. We encourage You to read the privacy policies and terms of use of the websites that You visit through links placed on the Website as well as those for websites that provide links to the Website. You should contact these websites directly if You have any questions about their use of Your Personal Information. Adscend Media is not responsible for any use of Your Personal Information or any other type of Your information when You use such third party sites and services.

INFORMATION SHARING AND ONWARD TRANSFER

Adscend Media reserves the right to sell, rent or otherwise share some or all of Your Personal Information with other companies or individuals outside of Adscend Media if:

  • You have consented to such sale, rental or sharing; and/or
  • Adscend Media becomes involved in a merger, acquisition, or any form of sale of all of its assets. In such circumstances, Adscend Media will provide notice before Personal Information is transferred and becomes subject to a different privacy policy.

In addition, Adscend Media reserves the right to share non-personally identifiable information relating to users of the Website or the Adscend Media services with our partners and advertisers. The information will not be linked to any personal identifiable information. When you sign up for any third party service, information may be shared with the third party and your privacy will be maintained in accordance with the third party privacy policy.

INFORMATION SECURITY

Adscend Media takes reasonable and appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of its data, including Personal Information stored or maintained on its servers and other systems. These measures include internal reviews of Adscend Media's data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to servers and systems where Adscend Media stores personal data.

DATA INTEGRITY

Adscend Media processes Personal Information only for the purposes for which it was collected and in accordance with this Privacy Policy. Adscend Media also takes reasonable steps to ensure that the Personal Information We process is accurate, complete, and current, but We depend on You and our other users to update or correct their Personal Information whenever necessary.

ACCESSING AND UPDATING PERSONAL INFORMATION

Except as required by the Terms of Service, You may change the settings of Your Adscend Media account via the "settings" section of such account. You may organize or delete certain information through such settings or, alternately, terminate Your Adscend Media account. Adscend Media reserves the right to retain archival copies of information that You delete. Adscend will only use Your deleted information for the purposes of detecting and avoiding fraud and will share such information with third parties only when We believe that it is reasonably necessary to do so in order to comply with a subpoena or other judicial order or process, as otherwise required by law or in order to enforce Adscend Media's Terms of Service.

When you use the Website, Adscend Media makes good faith efforts to provide you with access to your Personal Information. Where applicable, Adscend Media asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and Adscend Media may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where Adscend Media provides information access and correction, Adscend Media provides this service free of charge, except if doing so would require a disproportionate effort.

ENFORCEMENT

Adscend Media regularly reviews its compliance with this Privacy Policy. Please direct any questions or concerns regarding this Privacy Policy or Adscend Media's treatment of Personal Information by contacting Adscend Media at the address below. When Adscend Media receives formal written complaints at this address, its policy is to contact the complaining user regarding his or her concerns. Adscend Media will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Information that cannot be resolved between an individual and Adscend Media.

MINORS

Adscend Media is not interested in accepting and does not knowingly collect information from individuals under the age of 18.

If we learn that we have collected Personal Information from a minor, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at gdpr@adscendmedia.com.

If you are based in the European Union, the above provisions relating to children’s privacy generally apply to children under the age of 16, but this may vary across different member states.

INTERNATIONAL PERSONS

If you are located outside of the United States, You acknowledge and agree that by using the Adscend Media Services and by accessing the Website, Your Personal Information will be collected, stored, and used by Adscend Media in the United States. As such, you agree to the collection, transfer, storage and use of Your information in the United States and that the collection, storage, transfer and use of any of Your information will be governed by the laws of the United States.

If you are based in the EU, when you signed up to the Adscend Media Services you agreed that we may transfer your Personal Information to the USA for the purposes listed in this policy. Rest assured that we will always ensure any transfer is subject to appropriate security measures to safeguard your Personal Information.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR

We keep your information for no longer than is necessary. We will retain your information for any period required by law, and where we are not under a legal obligation to retain your information, we will determine what is necessary by reference to the lawful basis for processing set out above and our legitimate interests.

If you have any questions about how long we keep your information, please contact us.

GENERALLY

Please note that this Privacy Policy may change from time to time. Adscend Media will post any changes on this page of the Website. Adscend Media encourages You to check back and review this policy periodically so that You will always know what information We collect, how We use it, and to whom We disclose it.

If You have any additional questions or concerns about this Policy, please contact us by clicking on the link below.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 allows users who are California residents to request information about the disclosure of their personal information to third parties for direct marketing purposes. To make such a request, please contact us by clicking on the link below.

YOUR RIGHTS UNDER THE GDPR (IF YOU ARE BASED IN THE EU)

If you have created an account with us, you can sign into your account to access and update your information. You can manage your marketing preferences at any time by opting out of any marketing emails from your account page.

You have a right to ask us to confirm whether we are processing information about you, and to request access to this information (‘right of access’). You also have the right to be informed of the safeguards we have in place relating to any transfers of your information to another country.

You may ask us, or we may ask you, to rectify information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate or complete information which is incomplete (‘right to rectification’). If you inform us that your personal data is inaccurate, we will inform relevant third parties with whom we have shared your data so they may update their own records.

We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided us with changes, for example if you change your email address, name, payment details, or if you wish to cancel your registration, please let us know using the contact details at the end of this policy.

You have a right to obtain your personal data from us and reuse it for your own purposes, perhaps for another service, without hindering the usability of the data (‘right of portability’). This right does not apply where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

You have a right to seek the erasure of your data (often referred to as the ‘right to be forgotten’). You may wish to exercise this right for any reason, for example where it is no longer necessary for us to continue holding or processing your personal data you may withdraw your consent. You should note that we are entitled to and reserve the right to retain your data for statistical purposes. This right is not absolute, as we may need to continue processing this information, for example, to comply with our legal obligations, or for reasons of public interest.

You have a right to ask us to restrict our processing of your information (‘right to restriction’) if:

  • you contest its accuracy and we need to verify whether it is accurate
  • the processing is unlawful and you ask us to restrict use of it instead of erasing it
  • we no longer need the information for the purpose of processing, but you need it to establish or defend legal claims
  • you have objected to processing of your information being necessary for the performance of a task carried out in the public interest, or for the purposes of our legitimate interests. The restriction would apply while we carry out a balancing act between your rights and our legitimate interests.
  • you exercise your right to restrict processing, we would still need to process your information for the purpose of exercising or defending legal claims, protecting the rights of another person or for public interest reasons.

You have a right to prevent us from processing your data for the purposes of marketing.

If you would like to exercise any of your rights above, please let us know using the contact details at the end of this policy. We will act in accordance with your instructions as soon as reasonably possible and there will be no charge.

You have a right to report any of your concerns about our use of your data to the relevant data protection authority in your EU country.

MORE INFORMATION

Adscend Media adheres to the US safe harbor privacy principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement. For more information about the Safe Harbor framework, see the Department of Commerce's web site.

SEVERABILITY

If any provision of this Privacy Policy is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

This page was lasted updated on May 23rd, 2018.

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