Part 1: Personal Information Provided to ACN
ACN respects your preferences concerning the collection and use of your Personal Information. The following privacy policies are tailored for the different ways your Personal Information is collected.
ACN Adtech, LLC and our subsidiaries and affiliates (“ACN” or “we”) respect your preferences concerning the treatment of Personal Information that we may collect. This policy lets you know how we collect and use your Personal Information, how you can control its use, and describes our practices regarding information collected from ACN websites, as well as through offline sales and marketing activities (collectively, the “Channels”).
1. Personal and Other Information We Collect
Through your interaction with and use of the Channels, ACN may collect Personal Information, which is information that identifies an individual or relates to an identifiable individual. Personal Information may include, but is not limited to, your name, physical address, telephone number, e-mail address, company affiliation and associated interests.
ACN may also collect Other Information through your interaction with and use of the Channels and non-ACN websites, which does not reveal your specific identity or does not directly relate to an individual. Other Information may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.
Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code.
In some instances, we may combine Other Information with Personal Information, such as combining a precise geographical location with your name. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information.
2. How We Use and Share Information
a. Personal Information
ACN uses and shares the Personal Information it collects (unless otherwise restricted by applicable law), to:
i. Engage in Transactions. ACN may use Personal Information to engage in transactions with you.
ii. Process Transactions. ACN may use Personal Information along with, financial, credit card, and payment information, to process your transactions.
iii. Provide Support or Other Services. ACN may use your Personal Information to provide you support or other services you have ordered, as well as product updates, product patches and fixes and other similar operational communications.
v. Provide ACN Online Communities. Some Channels permit you to: participate in interactive discussions; create a profile; post comments, opportunities or other content; communicate directly with another user; or otherwise engage in networking activities. Some of these services are moderated and all may be accessed for technical reasons. ACN does not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit Personal Information to these forums or social networks and whether you wish to make your profile available to other users, and you should tailor any content you submit appropriately. You should also review any additional terms and conditions that may govern your use of these Channels.
vii. Post Testimonials. We post testimonials on our Channels that may contain Personal Information. If you wish to update or delete your testimonial, please contact us.
viii. Select Content, Improve Quality and Facilitate Use of the Channels. ACN may use your Personal Information to help create and personalize content on our Channels, facilitate your use of the Channels (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve quality, track marketing campaign responsiveness (including online advertising and e-mail marketing), and evaluate page response rates.
ix. Power Joint Sales or Product Promotions. ACN and its partners may engage in joint sales or product promotions. Such promotions will always reference the partners involved. Both ACN and the partner(s) will have access to that information, and either ACN or our partners may provide you the sales or product promotion information. Each party will be responsible for managing their own use of the Personal Information collected for the joint sale or product promotion. We recommend you review the privacy policies of these partners to address any questions you have regarding their handling of your information.
x. Improve Products, Services, and Experiences. ACN may use your Personal Information to evaluate and improve our products, services, marketing, and customer relationships.
xi. Communicate with You about a Conference or Event. We or our partners may communicate with you about a conference or event hosted or co-sponsored by ACN or one of our partners. This may include information about the event’s content, logistics, payment, updates, and any additional meetings, special demonstrations or other customer facilitation that we may provide related to your event registration. After the event, ACN may contact you about the event and related products and services, and may share information about your attendance with your company. Where legally permitted, ACN will also allow designated partners or conference sponsors to send you communications related to your event attendance. Please note that our partners or conference sponsors may directly request your Personal Information. You should review their privacy policies to learn how they use Personal Information.
xii. Obtain Third Party Services. We also share Personal Information with third parties who provide services to ACN, such as credit card processing services, order fulfillment, analytics, event / campaign management, web site management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar services.
xiii. Protect our Employees, Sites, Facilities, and Operations. ACN may disclose your Personal Information as we believe to be necessary or appropriate to protect the health and safety of our employees and visitors, our physical and online operations, our property, rights, and privacy, and/or that of our affiliates, you or others. If you visit our offices, you may be photographed or videotaped as part of maintaining the security of our facilities. Facility security photography will be treated as sensitive information and will only be used for security and investigation purposes.
xiv. Comply with Legal Requirements and Corporate Transactions. ACN may disclose your Personal Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information we have collected to the relevant third party.
b. Other Information
We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.
3. How We Collect Information
ACN and our third party service providers may collect both Personal Information and Other Information from a variety of sources that generally fall into three categories:
a. Direct Interactions: From your use of and interaction with us through the Channels and other activities such as account creation, submission of registrations and forms, or sales inquiries and transactions.
b. Publicly Available Data / Data from Third Parties: Data from Automated Interactions on non-ACN websites, or other data you may have made publicly available, such as social media posts, or data provided by third party sources, such as marketing opt-in lists, or data aggregators.
c. Automated Interactions: From the use of technologies such as electronic communication protocols, cookies, embedded URLs or pixels, or widgets, buttons and tools.
Although ACN’s use of Automated Interactions may change over time as technology evolves, the following descriptions are designed to provide you with additional detail about ACN’s current approach to information collected from Automated Interactions.
i. Electronic Communications Protocols: As is true when you visit most websites and apps, ACN may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), and date and time.
ACN may also automatically receive and record information about your interaction with the Channels, such as clickstream information (when each ACN webpage was visited, how much time was spent on the page, and how you interacted with the webpage), or general geo-location data.
ii. Cookies: ACN’s server will query your browser to see if there are “cookies” previously set by our electronic Channels. A cookie is a small piece of information sent by a Web server to store on a Web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information, and general usage and volume statistical information. Cookies may also be used to collect individualized web site use data, provide electronic Channel personalization, or conduct and measure the effectiveness of advertising in accordance with this Policy. Some cookies may remain on users’ computers after they leave the Website. While the majority are set to expire within 1-24 months of your last visit to the website that set the cookie, others may not expire because of their nature, like cookies that remember opt-out preferences.
Your browser may provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion. Cookies, however, are important to the proper functioning of a site, and disabling them may degrade your experience and interfere with Web site features and customizations.
ACN may track and analyze both individualized usage and volume statistical information from interactions with electronic Channels.
iii. Embedded URLs: We may use a tracking technique that employs embedded URLs to allow use of the electronic Channels without cookies. Embedded URLs allow limited information to follow you as you navigate the electronic Channels, but are not associated with Personal Information and are not used beyond the session.
iv. Embedded Pixels and Similar Technologies: On the electronic Channels, ACN and its service providers may use embedded pixel technologies for the purposes of identifying unique user visits (as opposed to aggregate hits), and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails and our online display advertising to provide information on when the e-mail or ad was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient’s e-mail address.
vi. Physical Location: We may collect the physical location of your device and use it to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content.
d. Third Party Permission-Based Lists. On occasion, ACN may use third-party lists to send communications about ACN products and services. These lists, which are maintained by third parties, include users eligible under applicable law to receive e-mails from other companies such as ACN.
For California Residents. Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with ACN is primarily for personal, family, or household purposes, you may request certain data regarding ACN’s disclosure, if any, of Personal Information to third parties for the third-parties’ direct marketing purposes. You may make such a request up to once per calendar year. If applicable, we will provide you, by e-mail, a list of the categories of Personal Information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all Personal Information sharing is covered by S.B. 27’s requirements.
4. Access, Correction, and Profile Updates
You may request to review, correct, update, suppress, or otherwise modify any of your Personal Information that you have previously provided to us through the Channels, or object to the use or processing of such Personal Information by us. You have the ability to update your Personal Information at any time. If you have privacy concerns regarding access to or the correction of your Personal Information, please contact us.
5. Retention and Deletion
ACN will retain your Personal Information for as long as needed to provide you products or services; as needed for the purposes outlined in this policy or at the time of collection; as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes, and enforce our agreements; or to the extent permitted by law.
At the end of the retention period, ACN will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.
Some banner ads may contain embedded pixels that may write and read cookies or return session connection information that allows advertisers to better determine how users have engaged with the ad banner.
ACN may use advertising technologies and participate in advertising technology networks that collect Other Information from ACN and non-ACN websites, as well as from other sources, to show you ACN-related advertisements on ACN’s own and third-party websites. These advertisements may be tailored to your perceived interests using retargeting and behavioral advertising technologies, a set of practices collectively referred to as “interest based advertising” in this policy. Any retargeted or behavioral advertisements served to your browser will contain information on or near it that informs you about the advertising technology partner and how to opt-out of viewing such advertisements. Opting-out does not mean that you will stop receiving ads from ACN. It means that you still stop receiving ads from ACN that have been targeted to you based on your visits and browsing activity across websites over time.
Note that this section pertains only to advertising to market ACN products and services performed on ACN’s behalf.
The security of your Personal Information is very important to ACN. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In addition, ACN uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details. When you enter sensitive Personal Information such as your credit card number on our site, we encrypt it using secure socket layer (SSL) technology.
In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, ACN will notify you by e-mail, fax, or U.S. mail. ACN will give you notice promptly, consistent with the reasonable needs of law enforcement and/or ACN to determine the scope of the breach and to investigate and restore the integrity of the data system.
8. Sensitive Information
We ask that you not send us, and you not share any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).
9. Children’s Privacy
As a company focused on serving the needs of businesses, ACN’s Channels are not directed to minors and ACN does not promote or market its services to minors, except as part of specific educational outreach programs. If you believe that we have mistakenly or unintentionally collected Personal Information of a minor through our Channels without appropriate consent, please notify us so that we may immediately delete the information from our servers and make any other necessary corrections.
Part 2: Facilitating Interest-Based Advertising and Analytics
Part 2 of the policy applies whenever ACN facilitates the collection and flow of information about you from one data provider, customer, or partner to another for advertising purposes (both interest-based and analytics) using ACN services.
This policy applies to information used in ACN services for interest-based advertising and advertising analytics that is collected from any source or device, whether laptop or mobile device, browser or application. The process and technology used when interacting with mobile devices is described throughout this policy and is the same process and technology used for other contexts.
2. About Interest-Based Advertising
Interest-based advertising is advertising served to the users of computers and other electronic devices that is tailored based on their interests, usage patterns and behaviors. Companies use ACN for interest-based advertising to try to make the content and ads that you see more relevant to you based on information that has been collected by ACN and ACN customers, data providers and partners.
3. Types of Information Collected
When using ACN services for interest-based advertising or advertising analytics, our customers, data providers and partners share, collect, store and process information about individuals as well as attributes and behaviors of users of mobile devices and computers (“Marketing Information”). This may include information that does not identify you as well as information that does.
Marketing Information that does not directly identify an individual is information intended to identify a particular computer or device or a group of computers or devices sharing common behaviors or attributes, as well as information about the use of such computers or mobile devices. This information may include, without limitation:
a. Unique IDs of a cookie placed on a computer
b. IP addresses
c. Unique IDs sent to us from mobile devices, network carriers or data providers
d. Information contained in HTTP headers or other internet transfer protocol signals
e. De-identified personal information (such as email addresses or usernames that are “hashed” so as to be non-identifiable to the recipient of such information), and demographic information such as a user’s gender, age, and income range when not tied to personal identifiers
f. Attributes of computer or device usage, such as advertisement engagement, website engagement, and content areas visited (e.g., “sports section” or “technology section”), location information, date and time of activities, browser type and version (e.g., Internet Explorer 7.0, Firefox 3.0, or Safari 3.1.1), operating system (e.g., Windows Vista, Macintosh OS X, or Android 4.1 or iOS for mobile devices), and information about or from the presence or use of “apps” on mobile devices
Marketing Information that directly identifies a particular individual may include, without limitation:
a. Name and address
b. Email addresses, social media handles and usernames, and telephone numbers
c. Behavior or demographic attributes, such as purchase behavior or history (including from offline sources), when tied to personal identifiers
ACN recognizes that specific types of Marketing Information that do not directly identify an individual may be considered personal information in different parts of the world or when combined with other information. In such cases, ACN treats this information as personal information.
4. How Information is Collected
The ACN services and our customers, data providers and partners use a variety of technologies to collect Marketing Information, including via “cookies”, “pixel tags”, HTTP headers (or other communication protocols), and mobile signals and identifiers.
Cookies are small text files that contain a string of characters and uniquely identify a browser. They are sent to a computer by website operators or third parties. Most browsers are initially set up to accept cookies. You may, however, be able to change your browser settings to cause your browser to refuse third-party cookies or to indicate when a third-party cookie is being sent. Check your browser’s “Help” files to learn more about handling cookies on your browser.
Pixel tags are small strings of code that provide a method for delivering a graphic image on a webpage or other document. Pixel tags allow the operator of the webpage or other document, or a third party who serves the pixel tag, to set, read, and modify cookies on, and to transfer other data to, the browser used to view the webpage or other document. Pixel tags may also be used to obtain information about the computer being used to view that webpage or other document, including the IP address of the computer that the tag is sent to, the time it was sent, the user’s operating system and browser type, and other similar information (commonly known as the User Agent String).
HTTP headers are transmitted whenever a webpage is viewed, and contain technical information required for communication between a client (your computer or device) and a server (the webpage you visit). Other electronic communication protocols (such as those used for email) also use headers to transmit information. Our customers may transmit information through HTTP (or other electronic communication protocol) headers to ACN or otherwise direct ACN to retrieve such information from your interaction with the customer. This may include information about the client browser, the requested webpage, server and other information the customer knows about you, your computer or device (such as a carrier or device identifier).
ACN also allows our customers, data providers and partners to send us Marketing Information that they have previously collected, including from both online and offline sources. This may include information from customer-lists, website membership, or other information created from a third-party’s own technology (such as proprietary modeling or matching technology of other companies).
5. How ACN Uses Marketing Information
The ACN services use Marketing Information to create profiles and interest segments and to otherwise enable interest-based advertising. A “profile” is a unique set of information about a specific individual, computer or device, or a set of multiple computers or devices sharing common attributes. An “interest segment” is a group of profiles that share a common behavior or preference. For example, we may create an interest segment consisting of profiles interested in “Android Mobile Phones.” We create these interest segments based on the information available to us, our experience in the marketing industry, and the preferences and requests of our customers.
We call a profile’s membership in one or more interest segments “Interest Data.” We disclose Interest Data and other information as described in the “Disclosure of Marketing Information” section below. Our customers use Interest
6. Data to conduct interest-based advertising and advertising analytics.
We may prepare reports based on Marketing Information and provide them to our customers. Our customers may use these reports to determine information about available interest segments (such as the number of users in a segment). These reports may also be used for billing, auditing, and other operational purposes. These reports are prepared using data on users’ activity on the websites where Interest Data is collected and used.
We may also use Marketing Information for research and development purposes, for our internal operational purposes, and to create aggregate statistics for market research or analytics services. These aggregated statistics do not include any information that directly identifies an individual.
7. How ACN Creates Profiles
a. Cookies. Each cookie that is set on a user’s web browser is associated with a unique identifier. When our data providers, customers, or partners transmit information about that web browser to us, or otherwise direct ACN to collect information from the interaction between that web browser and a webpage, we use the ID from that cookie to store the information into a profile with the same ID. For example, a computer with a pre-existing ACN interest-based advertising cookie may be used to browse airline prices to Hawaii on a travel website one day, and the next day used to browse for Android tablets on a consumer electronics website. ACN will record that the profile associated with that unique cookie is interested in both travel to Hawaii and Android tablets.
b. Cross-Device/Cross-Context Technology. ACN may also create profiles using cross-device/cross-context technology. This technology is designed to enable ACN and its customers to connect a user’s Interest Data across the various devices or contexts where the user is consuming digital information and content. For example, a user might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in a user having multiple profiles across these various contexts and devices. Cross-device/cross-context technology is used to connect these various profiles and the corresponding Interest Data from the different contexts and devices.
This can be accomplished through both deterministic and statistical methods. Deterministic signals leverage data that does not change, like hashed login IDs that are created by an end user across different devices or browsers. Statistical methods leverage non-fixed data about the device or browsers that help identify devices or contexts, like partial or full IP address and browser version. The data is then analyzed to determine if the devices/contexts are likely to be related to a single user. When a probable connection is found, links are created between the profile IDs and related Interest Data from the different devices/contexts. ACN customers can then use this linked Interest Data when serving interest-based advertising and other content across the user’s devices/contexts.
c. Other Identifiers. ACN customers, data providers, or partners may create or collect other unique identifiers and provide those to ACN. These include IDs intended for advertising use (such as mobile advertising IDs), hashed email or login IDs (such as from email lists or customer databases), or their own proprietary identifiers. ACN may create connections between these and other identifiers.
8. Disclosure of Marketing Information
We disclose Marketing Information to our customers for interest-based advertising and advertising analytics. Our customers may use third-party service providers, acting on their behalf, to display advertising or other content that reflects a profile’s membership in an interest segment.
We may also share Marketing Information with third-party service providers (e.g., data storage and processing facilities or modeling vendors) in order for those service providers to perform business functions for ACN or on behalf of ACN customers.
ACN may use or disclose Marketing Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer Marketing Information to the relevant third party.
9. Retention of Marketing Information
Marketing Information is typically not available to ACN customers after 3-6 months. For example, if you last browsed an applicable travel website for airline tickets to Hawaii on January 1, your membership in ACN’s “Travel to Hawaii” interest segment would not be visible to ACN customers by July 1. On an occasional basis, ACN may permit some customers to retain Marketing Information for longer periods for limited purposes such as seasonal or cyclical interest-based advertising campaigns or internal analytics and model development.
ACN may also retain other statistical data related to the performance, operation and use of ACN services for security and operations management, statistical analyses, service improvement, and research and development.
We do not intentionally collect Interest Data from, and do not tailor any segments to, children under 13 years of age.
The security of Marketing Information is very important to ACN. We use physical, technical, and administrative safeguards that are designed to protect Marketing Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
In the event that ACN determines that Marketing Information identifying you is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, ACN will, consistent with the reasonable needs of law enforcement and subject to applicable law, notify the applicable data provider, customer or partner who provided ACN with the information so that it may notify you.
Last Revised: August 23, 2016