Predictive Pop Inc., d/b/a Audigent, (“Audigent,” “Company,” “we,” “our” or “us”) understands that privacy is important to our users, and this Platform Privacy Policy shows our commitment to your privacy. If you are interested in learning about how we collect, use, and disclose information through our digital advertising technology (the “Audigent Platform” or the “Platform”), you have come to the right place. If you are interested in learning how we collect, use, and disclose information through our corporate website, Audigent.com, please click here.

To go directly to our opt out page, please click here.

Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to consumers located in those geographic regions, or as required by applicable law. Our goal is to be transparent about our business by describing our technology in simple terms so that users can understand our practices. To help you further understand the technologies discussed in this Platform Privacy Policy, we’ve included a Glossary below. We know that this is complicated, so if you have any questions about this information, please contact us at info@audigent.com. 

What is in this document? This document, which we refer to as our “Platform Privacy Policy,” provides information about the Audigent Platform, which enhances our clients’ ability to buy and sell digital advertising, and then describes our practices concerning data collection and use. This policy applies to Platform Data (as defined below) including the information Audigent collects and receives from individuals (“users” or “you”) who interact with the Audigent Platform or Publisher Media Properties (as defined below) and/or other clients (as defined below) that use our Platform to buy and sell media and/or deliver data and/or data insights (the “Data Functions”). Advertisers and publishers use the Audigent Platform to make decisions regarding the buying and selling of advertising and/or to leverage the Data Functions across publishers’ websites and applications, and across internet-connected devices and platforms, including, but not limited to, mobile devices, computers, and internet connected TVs (collectively, the “Publisher Media Properties”). Those buyers and sellers are collectively referred to as “clients.” Clients and other companies participating on the Platform own their own data, and Audigent retains limited rights to use that data to run the Platform (that’s part of what makes it a Platform).  As a result, in certain cases, (and subject to applicable law in your jurisdiction) we may act as a “service provider” or “processor” of such data, and may not be a “business” or “controller” with respect to such data, as those terms are defined under applicable law.

Please note that this Platform Privacy Policy does not govern the collection, use, and disclosure of information by our clients through their Publisher Media Properties, which is governed by their own privacy policies and practices.

The Audigent Platform offers a technology that provides tools for advertisers, or buyers, to purchase ad space and other related activities, including the Data Functions. Buyers want to use their advertising dollars efficiently by reaching the right audiences, and by measuring the effectiveness of their ads. To accomplish these goals, buyers use our Platform to engage in a variety of digital advertising techniques, a number of which are further discussed in our Glossary, including interest-based advertising (also known as “IBA”, “cross-context behavioral advertising”, or “targeted advertising”), real-time bidding (or programmatic) advertising, contextual, location-based advertising, and ID Syncing. Other key terms related to certain key technologies used within programmatic advertising, like cookies, beacons, non-cookie technology, and ad servers, are also defined within the Glossary.

The Platform is operated by Predictive Pop Inc. d/b/a Audigent, 200 Varick St., Suite 514, New York, NY, 10014, USA.

The Audigent Platform is designed to collect and use data as described herein. The Audigent Platform allows Audigent to collect and use Platform Data, and in many cases we do so on behalf of our clients. The Platform ingests information, including personal information, provided by clients, data providers, partners, and other third-party sources to allow clients to use such data to target ads and/or to leverage other Data Functions. Audigent does not collect, use, or allow its clients to transfer to or use on the Platform, data that, by itself, directly identifies an individual, such as name, address, phone number, email address, or government identifier. We also prohibit certain categories of sensitive data from being collected, used, or transferred on the Platform.

When you visit a Publisher Media Property that uses Audigent technology, we may collect information about you and your device. While this information does not enable us to directly identify you or other users (we do not know your name or contact information), that information may be considered “personal data” or “personal information” under applicable privacy laws. When we refer to “personal information” and “personal data” throughout this Platform Privacy Policy, we intend for those references to include all information encompassed by the privacy laws, where those laws apply.

We collect identifiers that help recognize particular mobile devices, computers, or connected devices without identifying the device’s user, including IP addresses, cookie identifiers, device identifiers, or other identifiers, along with other information about devices. We also collect information about webpages or apps in which users view content, along with other data made available to us by publishers. That data helps our partners deliver appropriate advertisements to consumers.

Specifically, the information we collect and/or receive may include:

• Information about users’ behavior on Publisher Media Properties, including domain name, referring website addresses, date and time of visits, viewability data (information about ads served, viewed or clicked on, including the type of ad, where the ad was served, and whether you visited the advertiser’s website or downloaded the advertiser’s app), keyword searches, visitor activities, exit pages, platform type, video titles, video player size, imprecise location information, click data, and types of advertisements viewed;
• Information about your browser, including browser type, version, language, and history;
• Information about your device including device operating system version, connection type, device make, device model, device identifiers such as your IDFA or AAID, and the IP address from which the device accesses a Publisher Media Property;
• Information about your internet service provider, including which you use;
• Aggregated or de-identified data from our clients that impacts the serving of advertisements, but we do not determine your actual identity from such aggregated or de-identified data. Such aggregated or de-identified data may include encrypted or hashed forms of personal information, such as an email address.
• Geolocation information from IP addresses.
• Information from third parties that provide user demographic information or information about user preferences, patterns, click and video interactions, or behaviors or interest information.
• Information from advertisers or advertising platforms that is used to match open advertising inventory owned by publishers with the right advertisements.

We or our clients and partners may also collect and store inferences about user activity using our Platform.

The Platform uses cookies, beacons, tags, mobile SDKs, and some non-cookie technologies to collect and store data in the Platform about web browsers and devices across web sites and apps and over time.  We refer to this data along with other data we use in the Platform as “Platform Data.”  

• Cookies help match open advertising inventory owned by publishers with the right advertisements. We may perform ID syncing between publisher cookies, Audigent cookies, third party data provider cookies, and/or advertiser cookies.
• We may use other technologies, including non-cookie technology, to collect information to assist in ad delivery, provide reporting, or measure user interactions with ads.
• We may work with third party platforms, including advertising platforms, that collect information to allow us and our clients and partners to deliver targeted advertisements. For example, third party advertising companies use information about your visits to websites or applications across devices to provide you with ads that are likely associated with you. Those advertisers may use this data in combination with information we collect about users to deliver targeted ads across devices. Publishers may use that combination of data to offer audience segments, or groupings of audiences, on Publisher Media Properties as ad inventory for purchase.

Information Our Clients, Partners, and Vendors Collect

Our clients, partners, vendors, and our client’s vendors who use our technology may use their own tags, pixels, cookies, or other technology or third party technology within ads and on websites. Audigent is not responsible for the use of such tracking technologies or for their privacy practices.

Audigent uses the Platform Data to provide, operate, manage, maintain, and enhance the Platform. The Platform enables Audigent's clients to collect, license, and sell data and to use Platform Data to buy and sell online advertising. Our clients and partners may use information we provide, in combination with other information obtained independently or via third parties, to deliver targeted advertising. Sometimes Audigent staff give "hands-on" help to clients using the Platform for these purposes, for example by configuring advertising campaigns for clients to best meet their objectives. Audigent may also use information we collect for the following business and commercial purposes, some of which are “business purposes” under the California Consumer Privacy Laws (as defined below):

• To enable our clients and partners to buy and sell ads, including through interest-based advertising (also known as “IBA” or “cross context behavioral advertising) (To opt out of interest-based advertising on the Platform, go to https://privacy-center.audigent.com/;
• Limiting the number of times a user sees a particular ad;
• Showing ads in a particular sequence;
• Customizing ads to a particular location;
• Showing ads related to the content of the web page on which they are shown;
• Determining how users respond to ads;
• Reporting aggregated statistics regarding, for example, the effectiveness of online advertising campaigns;
• Compiling, analyzing, and reporting other statistics about the transactions occurring through our Platform;
• Conducting research and development for our own or our clients’ internal business purposes, such as analyzing campaign forecasts and conducting machine learning to help our clients improve their sales of ad space and delivery of ads to you;
• To operate and improve our technology, including the Platform;
• To create or enhance user data and create data products and audience segments;
• To conduct internal research for technological development and demonstration;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Debugging to identify and repair errors that impair existing intended functionality;
• For short-term transient use, including as a permitted business purpose under the California Consumer Privacy Laws, as defined below;
• Undertaking activities to verify or maintain the quality or safety of the services or devices owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the services or devices owned, manufactured, manufactured for, or controlled by us;
• Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law;
• As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties;
• The Platform may use Platform Data for cross-device mapping and/or ID syncing in order to serve or measure advertising on related devices on behalf of our clients.

Some uses of data may constitute the sale or sharing of personal information under California law, including:

• Delivering targeted advertising to users and for certain measurement and analytics purposes;
• Creating certain kinds of audience segments as advertising opportunities.

Typically, companies using technology like the Audigent Platform own the data that they provide to and get from the Platform. While the Audigent Platform is designed to use only certain types of data, and Platform clients are prohibited from bringing data onto the Platform that directly identifies an individual, when clients remove their data from the Platform, their use of that data is governed by their own privacy policies and applicable laws, rules, or regulations.

Audigent may disclose information, which may include personal information, collected as follows:

• Clients have access to their Platform Data that they collect, acquire, or use on the Platform, and may remove it from the Platform for their own use.
• Audigent may provide Platform Data to partners and service providers for the purpose of operating, managing, maintaining, or enhancing Audigent’s services, including for the safety and security of the Platform and the online industry, or as required by law.
• We may share information, including Platform Data, with clients (including vendors acting on our or their behalf) and/or other partners to help them make buying decisions on publisher’s Publisher Media Properties. They may use this information in combination with other information to provide users with targeted advertising.
• We may share information in connection with an actual or proposed sale or transfer of all or a part of our business or assets, corporate merger, consolidation, or bankruptcy.
• We may share information with law enforcement, regulatory authorities, courts with competent jurisdictions, emergency services, or other necessary third parties for legal, protection, security, and safety purposes, including: to comply with laws or regulations and respond to lawful requests or legal process; to protect Audigent’s rights and property or the rights or property of our agents, affiliates, clients, or partners; to enforce our agreements, policies, and terms of use; and/or to protect the safety of our employees, agents, customers, or third parties.
• We may share information with vendors or service providers who provide services on our or our clients’ behalf and require access to such information to do so. Examples include: analyzing data, hosting or providing data, auditing, or providing technical support.
• We may share information with our partners to enable those partners to provide services to us or our clients, or to use the data for their own purposes.
• We may also share aggregated data derived from the Platform, including, for example, statistics about Platform activity.

Platform Data is stored using generally accepted security standards. It is usually aggregated or deleted within 30-60 days, but may be retained in the Platform for up to 18 months from the date of collection before aggregation or deletion.

There are many ways to opt out of receiving targeted advertising that our clients may facilitate using our Platform or other technology. Different devices use different technologies and identifiers, so users must separately opt out from each browser and device. Once you opt out of our targeted advertising, your personal information will no longer be processed for targeted advertising on that device or browser.

In some countries, our clients are required to ask for your consent before they use our advertising technologies.  In those cases, we will not use our advertising technologies if they have told us that you do not consent to their use.  However, if you have consented and now wish to change your mind, you can opt out using our opt-out tool below.

Click to opt out of the sale of your personal information for purposes of targeted advertising.

Internet Connected Televisions

Your Internet connected televisions (e.g. a smart TV or TV connected through another device) may give you the ability to opt out of the use of information for advertising purposes. To determine if your Internet connected device has these options, please visit your device’s settings menu. For more information on how to change your preferences, please see https://www.networkadvertising.org/internet-connected-tv-choices/.

Website Display

If you do not want information about websites you visit to deliver targeted ads to you, you may opt out by using our opt-out tools, found here: https://privacy-center.audigent.com/

Additionally, you can use the following mechanisms to opt out of targeted advertising:

• Audigent is a member of the NAI and adheres to the NAI’s Code of Conduct. Accordingly, you can opt out of targeted advertising by NAI-supported companies, including Audigent, by visiting the NAI’s opt out page found at http://www.networkadvertising.org/choices/.
• Audigent is a member of the Digital Advertising Alliance (“DAA”) and adheres to the DAA Self-Regulatory Principles. Accordingly, you can opt out of targeted advertising by companies adhering to the DAA Self-Regulatory Principles, including Audigent, by visiting the DAA’s opt out page found at http://www.aboutads.info/choices/.

Note that you will still see ads on your devices and webpages after you opt out, but those ads may be less relevant to you. Website display opt outs operate by placing a cookie on your device that is unique to the browser and device used to opt out. Those cookies may not function properly if your browser is configured to reject certain cookies. If you change browsers or your device, or delete the cookies on your device, you will need to opt out again.

Mobile Apps and Location Data

Your mobile device may give you the ability to opt out of the use of information regarding the apps that you use for targeted advertising. You may opt out of the collection of location information by specific apps or from your entire device at any time by changing your preferences on your mobile device. Note that when location services have not been enabled in your apps, we may infer data about your location based on your IP address. For more information regarding your preferences and options, please see the link found here http://www.networkadvertising.org/mobile-choice and the section immediately below.

Cookies, Tracking, and Interest-Based / Targeted Advertising

If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Platform or some of its functionality may be affected.

For clarity, cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. You must separately opt out on each device.

Please note that cookie-based opt-outs are not effective on some mobile services. Users may opt out of certain advertisements on mobile applications or reset advertising identifiers via their device settings.  To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, click on the following links:

iOS - https://support.apple.com/en-us/HT202074

Android - https://support.google.com/ads/answer/2662922?hl=en

You may also download and set your preferences on the DAA’s App Choices mobile application(s) available in Google Play or the Apple App stores.

Do Not Track

Some browsers have a “do not track” (also known as DNT) feature that lets you tell websites that you do not want to have your online activities tracked. Please note that, unless required by law, we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, to the extent required by California law, we treat Global Privacy Control (“GPC”) signals for California consumers as opt-out of the sale or sharing of personal information under the California Consumer Privacy Laws (as defined below) where the users’ web browsers support this signal and where the GPC signal remains present and readable. In such cases, where a California consumer uses GPC to indicate that they do not want their personal information sold or shared Audigent will not process personal information from that California consumer on our platform for any sale or sharing purposes, so long as the GPC signal remains present and readable. For clarity, when the GPC signal is present on the Publisher Media Property, we may rely on our publisher clients to read the GPC signal.

These additional privacy right disclosures provide additional information about our personal information processing practices relating to individual residents of the applicable jurisdictions. Unless otherwise expressly stated, all defined terms in this Platform Privacy Policy retain the same meaning in the disclosures below. The rights, to the extent those rights are applicable set forth below are granted only to the extent they apply and are enforceable in an applicable jurisdiction.

These provisions apply only to California consumers and supplement this Platform Privacy Policy. The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), collectively referred to as “California Consumer Privacy Laws,” provide California consumers with specific rights regarding their personal information. This California Privacy Rights section describes your rights under the California Consumer Privacy Laws, explains how you may exercise your rights, and provides an overview on the types of personal information we collect.

California Consumer Privacy Laws provide you with the following rights:

• Right to know. You have the right to know what categories and specific pieces of personal information we collect about you, the sources from which we collect personal information, our business or commercial purpose for the collection, use, and sharing of your personal information, and any categories of third parties to whom we sell or with whom we share your personal information.  
• Right to data portability. You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. California Consumer Privacy Laws allow you to request your information from us up to twice during a twelve (12) month period.  We will provide our response in a readily usable format, which is usually electronic.
• Right to delete. You have the right to request that we delete the personal information that we have collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:
• Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
• To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
• Comply with a legal obligation.
• Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
• Right to opt out of selling or sharing. At the time this Platform Privacy Policy was last updated, we (1) SELL personal information; and (2) we SHARE personal information for the purpose of cross-context behavioral advertising.

You have the right to opt out of the sale or sharing of your personal information, along with the right to opt in to the sale of such information. If we sell or share any of your personal information, you may, at any time, tell us not to sell or share your personal information. You can make this request by clicking here. We will also treat GPC browser signals as opt-out of sale/share requests to the extent provided in the “Do Not Track” section above.

• Right to correct. You have the right to request the correction of any personal information we maintain about you.
• Right to limit use or disclosure of sensitive personal information (“SPI”). Please note that we do not currently use or disclose sensitive personal information (“SPI”) for any purposes that require disclosure or opt out under the California Consumer Privacy Laws as we understand those laws. You have the right to limit the use or disclosure of your SPI if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services.
• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services

Annual Request Statistics:

During the period January 1, 2022 to December 31, 2022, we received the following number of requests from individuals:

• Requests to know from individuals in the United States: 0 requests. We processed the requests within a median timeframe of 1 days.
• Requests to delete from individuals in the United States: 3 requests. We processed the requests within a median timeframe of 1 days. We complied with these requests within 3 days.

Requests to opt out from individuals, globally: We received 583,886  requests to opt-out, and these requests were completed in approximately real time.

How to Contact Us About Your California Privacy Rights

You can submit a request to access, delete, limit, or correct your personal information, in addition to withdrawing consent and requesting to opt-out, using the methods below.

• Calling us at 1-888-483-9029
• Emailing us at yourprivacyrights@audigent.com
• Submitting a Request Form: https://privacy-center.audigent.com/

Verification of Your Identity. After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

If you have been designated as an authorized agent to submit a request on behalf of another consumer, you must (1) download and complete this Authorized Agent Designation Form and have it signed by the consumer, and (2) attach the signed form when you submit a Request Form. 

Our Response Time to Your Request

We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the California Consumer Privacy Laws allow us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond.

Our Information Collection Practices 

• Personal Information We Collect

The California Consumer Privacy Laws define personal information as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:

• Information that is lawfully made available from federal, state, or local government records;
• De-identified or aggregated information; and
• Information excluded from the California Consumer Privacy Laws such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”).

Information regarding our collection, use and disclosure of personal information are detailed in the general Platform Privacy Policy that precedes this California Privacy Rights Section. To help consumers make informed privacy decisions, the California Consumer Privacy Laws create and define categories of personal information, and our practices regarding personal information are organized below into the aforementioned categories. Please note that some types of personal information may apply to multiple categories.

Within the previous twelve (12) months, we have collected, disclosed, and, except where we act as a service provider, may sell or share the following categories of personal information for business or other commercial purposes to the following categories of recipients:

To find more details about the specific data points Audigent collects, please see the “WHAT PERSONAL INFORMATION DO WE COLLECT AND USE?” section above. For more details on how and to whom we disclose information see SHARING OF YOUR PERSONAL INFORMATION above. 

For more details on how we use your information, please see the “HOW DO WE USE YOUR PERSONAL INFORMATION?” section above, which further describes the business and commercial purposes for which that information is used and disclosed, including the purposes for which the information is sold or shared.  You can learn more about the sources from which we obtain personal information in the “WHAT PERSONAL INFORMATION DO WE COLLECT AND USE” and “HOW DO WE COLLECT PERSONAL INFORMATION” sections above.

As noted, you can find additional information pertinent to California consumers throughout the Platform Privacy Policy sections above, including information concerning our data collection, use, and disclosure practices.

CALIFORNIA “SHINE THE LIGHT”

Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at yourprivacyrights@audigent.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at yourprivacyrights@audigent.com.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at https://privacy-center.audigent.com/ or email us at yourprivacyrights@audigent.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

The Virginia Consumer Data Protection Act (“VCDPA”) provides Virginia residents with the rights listed below, subject to applicable law. Virginia residents may exercise these rights as detailed below.

The categories of personal information, which may be referred to throughout this section as personal data for consistency with the VCDPA, we process, our purposes for processing your personal data, the categories of personal data that we share with third parties and the categories of third parties with whom we share it are detailed above in this Platform Privacy Policy.

Certain rights that you may have concerning your personal data are set forth in this Platform Privacy Policy. The VCDPA provides you with the following additional rights:

• Right to know. You have the right to know and see what personal data we have collected about you.
• Right to data portability. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, when feasible, readily usable format, where the processing is carried out by automated means.
• Right to delete. You have the right to request that we delete the personal data we have collected about you.
• Right to opt out of selling or sharing. You have the right to opt out of the sale of your personal data and/or the processing of your personal data for purposes of (i) targeted advertising or (ii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. As of the latest date of the Platform Privacy Policy:
• We DO process personal data for the purposes of targeted advertising
• We DO sell your personal data in exchange for monetary consideration
• We DO NOT engage in profiling decision based on your personal data that produce legal or similarly significant effects concerning you.
• If you wish to opt out of the processing of your personal data for any of the purposes set forth in this sub-section, please click [HERE].
• Right to correct. You have the right to request that we correct inaccurate personal data.
• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your VCDPA privacy rights. Unless permitted by the VCDPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your Virginia Privacy Rights 

If you wish to opt out of the processing of your personal information for targeted advertising, please click [HERE].

To exercise any of your Virginia privacy rights, or if you have any questions about your privacy rights, you may contact us by:

• Calling us at 1-888-483-9029
• Emailing us at yourprivacyrights@audigent.com

Verification of Your Identity. After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify using reasonably commercial efforts that the consumer submitting the request is the same individual about whom we have collected personal information, then we are not required to comply with the request; we may contact you for more information reasonably necessary to authenticate the request, but ultimately we may not be able to meet your request.

Except as required by law, only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.

Our Response Time to Your Request

We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the VCDPA allows us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond and the reason for the extension.

Your Right to Appeal

If we decline to take action regarding a request that you have submitted, we will inform you of our reason for declining to take action and provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this Virginia Privacy Rights section, you have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. Within 60 days of our receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Legal Basis:

We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

Audigent as Data Controller or Data Processor:

Audigent may act a “controller” as defined under applicable law when processing your personal data. Audigent may also act as a “processor” as defined under applicable law to the extent that it processes your personal data on behalf of and at the instruction of another party, for example an Audigent client. To contact us, please see the section titled “CONTACTING US” below.

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager who can be contacted here: yourprivacyrights@audigent.com.  

Provision of personal data and failure to provide personal data:

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

Collection of personal data from third-party sources:

We do not collect personal data about you through public sources. We may obtain personal data and other information about you through our third-party partners who help us provide our products and services to you.

Withdrawing your consent:

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at yourprivacyrights@audigent.com.

Data Transfer:

We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain service providers, we may use specific contracts approved by the European Commission or UK Secretary of State, which give personal data the same protection it has in the EEA, Switzerland, and the UK. For more information about how we transfer your data, please contact us at yourprivacyrights@audigent.com.  

Use of your personal data for marketing purposes:

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

Data Subject Rights:

If you are situated in the EEA, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise your rights under the GDPR, please contact us at yourprivacyrights@audigent.com.  Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

Audigent is located in the United States.

If you submit personal information to Audigent, your personal information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your personal information to us you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including, but not necessarily limited to, the United States.

Children under 16 years of age are not permitted to use the Platform, and we do not knowingly collect information from children under the age of 16. By accessing the Platform or using any Services available through the Platform, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.

Audigent uses industry-standard technical and organizational security measures to help protect information transmitted over or stored on our systems. Please note, however, that no transmission or storage of information can ever be guaranteed to be completely secure, though we do take all reasonable precautions to protect against security incidents.

If you have any questions about our privacy or security practices, you can contact us by mail, telephone, or e-mail:

200 Varick Street
Suite 514
New York, NY 10014

1-888-483-9029

yourprivacyrights@audigent.com

If we need, or are required, to contact you concerning any event that involves your personal information we may do so by e-mail, telephone, or mail.

We update this Platform Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat personal information by posting an updated privacy policy or other notice on relevant areas of the Website. Any updated version of this Platform Privacy Policy will be effective immediately upon the posting of the revised Platform Privacy Policy unless otherwise specified. Your continued use of the Platform or Services after the effective date of the revised Platform Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, where required by law, we will not, without your consent, use your personal information in a manner materially different from what was stated at the time your personal information was collected.

• Ad Server: An ad server, in its simplest form, is the computer responsible for delivering an ad to be shown in a web page or a mobile app. Today, communications may be sent to several servers in the process of selecting and delivering an ad. This occurs in a matter of milliseconds.
• Beacons, Pixels, Tags, and SDKs: Beacons (also sometimes referred to as web beacons or pixels) and tags are elements included in web pages to enable companies to collect data, serve advertising, and provide related services, such as measuring ad effectiveness or preventing fake ad traffic. They do this by allowing communication between a web browser and a server. A beacon is a small transparent image that is placed on a web page. A tag is small piece of website code that is run by the web browser. An SDK is a piece of computer code that developers include in their mobile applications and which may collect certain data.
• Cookie: A cookie is a small text file that is stored in a web browser by a website or ad server. By saving information in a cookie, websites and servers can remember preferences or recognize web browsers from one visit to another or from one website to another.
• Cross-Device Mapping: Cross-device mapping is the process of making inferences that certain devices are related to each other (i.e. that they belong to the same user or household). This is done using either “statistical” or “deterministic” methods (or a combination). “Statistical” refers to using mathematical techniques to make intelligent guesses that certain devices are related. “Deterministic” means using known relationships, for example logins that use the same email address or other personal information, to link multiple devices to a single user. When this method is used companies typically mask the actual email address.
• ID Syncing: ID syncing (sometimes also referred to as cookie syncing) is a common and long-standing process in the digital advertising industry. It enables advertisers to link up data from multiple advertising platforms, and helps advertisers buy ads in more than one place.

Here’s an example of how it works.

Let’s say you sell a product on your website. A customer visits your site. Your website stores a cookie to identify that customer’s browser, and the cookie contains an ID of 12345. You then associate that ID with information about what the customer shopped for on your site. If you want to then use that information to advertise to that user, you might go to an online advertising marketplace to buy ads. In order to buy the right ads and show them to the right user, you’ll need to match your ID, which is 12345 to the ID that the marketplace has assigned to the same customer (which let’s say for this example is ABCDE). The result is a record that says ID 12345 = Marketplace ID ABCDE. That way, when the marketplace offers to sell you an ad to be shown to ABCDE, your system will know that ABCDE is the same as 12345, and you can pick the right ad to show the customer.

• Interest-Based Advertising / Targeted Advertising: Interest-based advertising (“IBA”) or targeted advertising (sometimes referred to as “cross-context behavioral advertising”) is advertising that uses information collected across multiple web sites or mobile apps to predict users' preferences and to show ads that are most likely to be of interest to them. For example, if a user visits a travel site or uses a travel app, she might see travel-related ads on another site or app. Advertisers may also use other information they have or can acquire about users’ interests. Users have choices with respect to this type of advertising, as discussed herein. Please note that differing state laws may have different ways of defining interest based advertising and/or targeted advertising and those terms as used herein shall have the meanings under each applicable law as appropriate.
• Non-Cookie Technology: Companies sometimes use alternative methods that perform functions similar to cookies, which may include pixels, beacons, and tags (as discussed above in this Glossary) in order to identify unique browsers or devices. For example, some platforms, such as Apple’s iOS and Google’s Play Services for Android, provide unique IDs to be used for advertising. Additionally, mathematical or statistical techniques are sometimes used to try to identify devices. These "Statistical Identifiers" are not 100% accurate. Non-Cookie Technology may be utilized both for Ad Delivery and Reporting (ADR), and as part of Interest-Based Advertising (IBA).
• Platform Data: The Platform is designed to use certain types of data, that all together we call Platform Data. It includes data generated through the Platform as well as data clients or we receive from other sources and then use on the Platform, or that they buy or sell through the Platform. This may include information about Internet users’ browsers and devices, such as: the type of browser and its settings, information about the device’s operating system, cookie information, information about other identifiers assigned to the device, and the IP address from which the device accesses a client’s website or mobile application - where we are entitled by law to do so, information about the user’s activity on that device, including web pages and mobile apps visited or used, information about the geographic location of the device when it accesses a website or mobile application, and inferences or information about users’ interests that are created, acquired, bought, sold, or used by our clients. Some of the data that the Platform receives from browsers and devices might also be called “HTTP header data” or “clickstream data.” We do not allow data that by itself identifies an individual, such as name, address, phone number, unencrypted email address, or government identifier, to be stored or used on the Platform.
• Precise Geographic Location: Your device may be capable of sharing your precise geographic location with the apps or web pages you visit using that device. Devices use one or more methods to determine your location, including GPS coordinates and information about wi-fi networks in your vicinity. (Less exact geographic location – like the neighborhood you may live in - determined from IP address is typically not considered to be “precise.”) Devices such as iPhone or Android phones typically ask for users’ consent before installing or using an app that accesses the device’s precise geographic location. The app, in turn, may make this information available to third-party advertising companies in order to make the ads you see more relevant.
• Real-Time Transactions / Real-Time Bidding / Programmatic Advertising: Advertising buyers are able to bid in "real time" for the opportunity to show an online advertisement when a web page is loaded or an app is used. The winning bidder gets to show its ad. Of course, the explanations above are simplified. There are many resources available on the web to learn more about these concepts and online advertising in general. Although we have no responsibility for the content of these sites, we offer the following as good places to learn more:
• gov: onguardonline.gov
• All About Cookies: www.allaboutcookies.org
• Wikipedia: en.wikipedia.org/wiki/Online_advertising AboutAds.info,
• For Consumers page: www.aboutads.info/consumers
• The Network Advertising Initiative: networkadvertising.org/managing/learn_more.asp
• In the EU: www.youronlinechoices.com
• About web browser cookie settings:
• Chrome: https://www.google.com/support/chrome
• Firefox: https://support.mozilla.com/en-US/kb/Cookies
• Internet Explorer: http://windows.microsoft.com/en-US/internet-explorer/delete-manage-cookies#ie=ie-11
• Safari: http://support.apple.com/kb/PH19214?viewlocale=en_US&locale=en_US