PRIVACY

Undertone is a digital advertising company that may deliver advertisements to the websites you visit and applications you use. Undertone understands that your online privacy is important to you. We have created the following Privacy Policy to let you know what information we collect on this website 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.

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

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

Information We Collect

Ad Delivery & Reporting Across Multiple Sites; Corporate Websites

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. We do so across multiple web domains and applications owned or operated by different entities (each, a “Site”).

Undertone may also collect this information when you are visiting the Undertone corporate site or any website within the Undertone Site Network.

Relevant Advertising

We want to deliver more relevant advertising to you. Delivering 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 multiple web domains and applications owned or operated by different entities 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 (ie. 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.

If you do not wish to benefit from relevant advertising, please feel free opt out IBA as described in the paragraph titled “IBA _Opt-Out”, below.

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. While this tracking and collection technology is commonly used, you might not be familiar with it, and we would like to explain it:

  • “Log files” track actions occurring on websites and collect data including your IP address, browser type, Internet service provider, referring/exit pages, platform type, date/time stamp, click data and types of advertisements viewed.
  • “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. You can learn more about cookies on the Internet Advertising Bureau’s website: http://www.allaboutcookies.org.

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.

Personally Identifiable Information

In certain circumstances, Undertone, or Advertisers, may collect personally identifiable information, which is any information that identifies you or can be used to identify you (PII), including  but not limited to, your name, telephone number, address, email address, and date of birth, but only if you choose to provide it to us. These circumstances can include as part of an advertising campaign (eg. through online forms on advertisements and which will not be used for IBA) or through your interaction with Customer Forms on the Undertone corporate site. Examples of such Customer Forms include, but are not limited to: registration forms to access Undertone published white papers or Undertone produced webinars, and forms providing customer contact information when requesting information from Undertone. Such information will only be used to provide you with support services and contact you in connection with the services we provide.

Customer Forms are not intended for use by individuals under the age of 18 or those who are not residents of the United States. If you are not 18 years of age or you do not agree with the terms of this Privacy Policy, do not provide us with any information or use any of the Customer Forms.

Notwithstanding, in certain jurisdiction such as the European Union, some of the information that Undertone collects and uses as a necessary part of providing advertising services (including for IBA) may be considered personal data, such as IP address, device IDs, online identifiers or user profiles.

Information Obtained from Other Companies

We license and otherwise obtain data from various other companies, including research companies, data aggregation companies, data management platforms, cross device vendors and other third party companies. Data sets may include information about you or your demographic segment that such companies have licensed, purchased or collected. We use this information for all the purposes described in this Privacy Policy, and for any other purpose that we chose. To the extent the information is personal data including PII, we process this information in accordance with this Privacy Policy, including, amongst others, in relation to the stated purposes of processing (which may include the use of automated decision-making algorithms and processes), data retention, cross border transfers, your rights to the data and the right to lodge complaints.

Using and Sharing Your Information

Undertone and the Undertone Entities may use and share your information: (1) to operate, provide, improve, update, fix and customize its services including serving you with first and third party contextual and personalized content on first and third party websites and applications across your devices including through automated decision-making algorithms and processes. Such automated decision-making algorithms and processes allow us and our partners to provide you with more relevant and interesting content online; (2) to enable third party service providers to assist or facilitate in the services we provide to our clients and customers; (3) to monitor, analyze and optimize your use of our services, including analyzing seasonal and annual usage trends, and providing you and its business partners with new functionality and features; (4) to comply with applicable laws and regulations or to respond to a subpoena, search warrant or other lawful request for information received by us, whether or not a response is required by applicable law; (5) to enforce our terms of use or to protect our rights; (6) to protect the safety of members of the public and users of our services; (7) with other Undertone Entities and third party marketing partners; (8) with advertisers, publishers, ad networks, agencies and various ad platforms and exchanges, third party research companies, vendors, administrative service providers, technology providers, and selected partners for data validation, aggregation, enhancement, verification and suppression purposes, and for research, marketing, advertising, and data aggregation purposes; (9) for the purposes described elsewhere in this Privacy Policy; or (10) for any other purpose for which you provide consent.

We also may share information with advertisers, publishers and other third parties for marketing and advertising purposes, but such information does not include PII (but may include certain personal data such as IP address, device identifiers and other online identifiers) except if you actively provided it in connection with an advertisement.

We use data collected through Customer Forms (which includes PII) to notify you of (i) new services, features and functionalities as well as updates about Undertone; (ii) to provide you with support and handle your complaints and/or feedback; and (iii) to take any action in case of a dispute involving you in connection with our services. Despite the previous paragraph, we do not share this information with any third parties except for technology vendors and service providers who provide us with services or who provide services on our behalf (and who are subject always to this Privacy Policy) and to comply with applicable laws and regulations or to respond to a subpoena, search warrant or other lawful request for information received by us, whether or not a response is required by applicable law.

While Undertone strongly encourages its advertising customers, service providers, partners, and members of the Undertone Site Network to adopt responsible approaches to online marketing, Undertone is not responsible for the information practices of any of third party entities referenced in this 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.

Corporate Changes

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

Information Collected by Third Party Sites

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

Data Retention

Your Internet browser stores 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.

Undertone retains information regarding ad delivery (see, “Ad Delivery & Reporting” above) for up to fourteen (14) months. However, Undertone may retain aggregate statistics, reports and summaries regarding ad delivery for a longer period.

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

Your Choices

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.

Please note that the above opt-out link is applicable to Undertone IBA activities conducted on the web through “ads.undertone.com” as well as “legolas-media.com.” 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 here. Or you may opt-out of IBA by Undertone and other member companies of the Digital Advertising Alliance (DAA) by visiting the DAA website here.

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

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

European Union

Undertone adheres to the Interactive Advertising Bureau Europe’s OBA Framework and participates in the European Interactive Digital Advertising Alliance’s (EDAA) self-regulatory initiative. Accordingly, in addition to the opt-out options above, users can learn more about IBA and opt-out through the industry page www.youronlinechoices.eu.

Undertone has been independently verified to be in full compliance with the European OBA Self-Regulatory Programme. TRUSTe

Further, Undertone does not collect or use for the purpose of IBA, data that is considered sensitive personal data under the respective national implementations of the EU Directive 95/46/EC.

Children’s Privacy

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.

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.

Your Rights.

You may send us a request to access the PII that we collect through your use of our advertising services or through your communications with us, and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of this Privacy Policy.

You may also object to further processing of the PII we hold about you or request that we suspend further processing of such PII. You may also withdraw your consent to this Privacy Policy and our processing of your PII at any time noting that such withdrawal will not affect the lawfulness of the processing prior to the withdrawal of your consent. Please note that any objection, suspension or withdrawal of your consent to our processing of PII may affect our ability to continue to provide you with the services or address your questions, requests or complaints.

In addition, you may request to receive the PII we hold about you in a structured, commonly used and machine-readable format and transmit that PII to any third party you wish. Where technically feasible, we can also transmit your PII to such third party upon your written request.

In all such cases, we may require that you provide us with additional information to verify your identity and any third party recipients of your PII based on your written request.

Security

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

Transfer of Data Outside Your Territory.

The services we provide are provided over the Internet and we may store and process information in various locations throughout the globe. If you are a resident of a European Union Member State or another jurisdiction where transfer of your personal data to another jurisdiction requires your consent, then you hereby provide us with your express consent to such transfer of your data. In addition, for residents of the European Union, the third parties that receive your personal data as described in this Privacy Policy and which are located outside of the European Economic Area are transferred on the basis set forth under applicable law in the European Union.

Notice To Californian Residents – Your California Privacy Rights.

California residents who provide us with certain types of personal information (as defined under California Civil Code Section 1798.83 (also known as California’s “Shine the Light” law)) are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for their own direct marketing use. To make such a request, please contact us through the email or physical address under the “Complaints; Contact Us” section below.

When making such a request, please ensure that you write in the subject line and the body of your message “Request for California Privacy Information”.

Please be aware that not all information sharing is covered by California’s “Shine the Light” law.

Do Not Track.

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.

Changes

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

YOU UNDERSTAND AND AGREE THAT UNDERTONE’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.

Complaints; Contact Us

If you have any complaints on our processing of your personal data, if you believe that we have breached our own privacy policies or applicable law or any other question relating to our data practices or this Privacy Policy, we encourage you to contact us at privacy@undertone.com or you can send correspondence to us at the following address:

Intercept Interactive, Inc. d.b.a. Undertone
Attn: Chief Compliance Officer
340 Madison Avenue
8th Floor
New York, NY 10173

If you are an EU resident, please note that applicable EU data protection laws provide you with a right to lodge a complaint with the competent supervisory authority as well.

Privacy Policy Last Updated: July 26, 2017