Privacy Policy

Collecting your personal data helps us to better understand what you need from us so that we can provide it. When you provide your personal data and related information about your interests, we can learn more about what types of products and services you might be most interested in so that we can present the right information to you and improve your experience of our Sites. We will hold your personal data for as long as we need it to provide information, products and services to you, or until you withdraw your consent for us to process your personal data, whichever is earlier (see “Your rights and whom to contact”).

We use personal data that we collect about you for the following purposes:

• to contact you to further discuss your interest in our companies and our Services;
• to better understand what products or services may be of interest to you;
• to improve our Sites and the Services we provide by presenting the information that is most interesting to users of the Sites;
• to perform any automated decision making such as allocating you to a specific user group with common characteristics in order to understand what products or services may be of interest to you and provide you with advertisements on social channels like Facebook, LinkedIn and Twitter that may be most relevant to you;
• to send you information regarding our companies or partners (such as marketing promotions and events).
• to evaluate our Sites, your experience as a visitor, and our offerings to our clients; and
• to track where our visitors may be coming from and what type of software they are using so we can continuously improve our visitors’ online experience and improve the Sites.

We use personal data that we collect about you with your consent to send you information regarding our companies or partners (such as marketing promotions and events).

When you express interest in purchasing our services, we also use personal data that we collect about you for the following additional purposes:

• to take necessary steps at your request prior to entering into a contract with you for our Services; and
• to provide you with Services in accordance with a contract we agree with you.

We use “cookies” which are files or pieces of information that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit our Sites. We use cookies to make our Sites easier to use and to better tailor the Sites and our products to your interests and needs. Cookies may also be used to help speed up your future activities and experience on our Sites. For example, a Site can recognize that you have provided your personal data and will not request the same information a second time.

In addition, we adhere to the Digital Advertising Alliance’s Self-regulatory Principles of Online Behavioral Advertising <http://www.aboutads.info/principles>. Companies that engage in Online Behavioral Advertising (“OBA,” or Interest-based Advertising) use information gathered about your visits over time and across different websites or applications in order to predict your preferences and show you ads that are more likely to be of interest to you. Some of our Services enable its customers to use audience data to enhance their targeting of ads. We partner with third parties to provide certain services on our website, such as the ability to share content on other platforms. Our third-party partners may use cookies or similar technologies in order to analyse your behaviour across websites.

We may also use cookies to collect information about the device you are using to view the Site or the type of Internet browser or operating system you are using, and link this to your personal data. This is to ensure that our Sites present the best web experience for you and are effective information resources.

When you click “Accept” on our cookie banner, you agree to the placement of cookies on your device by us and our analytics providers. If you do not click accept, we will place an opt-out cookie on your browser instead of our tracking cookie. You may change your preferences or withdraw your consent at any time. Most internet browsers are initially set to accept cookies, however it is possible to change the settings to block the cookies in order to opt out of the cookies we use on our Sites or to alert you when cookies are being sent to your device. You can refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings or follow the instructions as provided below. But please remember, if you disable the cookies that we use, or you do not accept our cookies, you may not be able to visit certain areas of our Site or you may not receive personalised information when you visit the Site. If you would like more information about the types of cookies we use and how we use them, please click here.

What does a cookie look like?

A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e. how long the cookie will remain on your device), and a value, which is usually a randomly generated unique number.

What types of cookies do we use and how can you opt out?

Online Behavioural Advertising
FreeWheel Media Inc has elected to participate in the DAA’s Consumer Choice Page in order to offer you the ability to elect not to receive such targeted advertising from FreeWheel customers.

Comcast International France SAS does not collect data, nor set cookies, to build profiles for OBA. Some of Comcast International France SAS’ buying partners may do this from their systems. You should check http://www.youronlinechoices.com/ to understand which companies use this data and opt out if you wish to.

User Tracking – Mobile Devices:

1. To opt out of certain targeted advertising on your mobile device via your device’s identification number, follow the instructions below:
   • For Android: (1) Open the Google Settings app on your device; and (2) select Ads.
     For iOS: devices with iOS 6 and above use Apple’s Advertising Identifier. To learn more about limiting ad tracking that uses this identifier, visit the Settings menu on your device.
   • Location Tracking: Standard functionality of FreeWheel’s Monetization Rights Management® Service (“MRM”) enables MRM customers to associate a zip code from the IP address FreeWheel Media Inc collects from you when you view an ad FreeWheel Media Inc has served. FreeWheel Media Inc may, on behalf of a customer, use this location information to improve the relevance of ads you see. Comcast International France SAS does not collect or utilize such location information.
2. The Services also enable FreeWheel to obtain precise information about your location from ads FreeWheel serves to your mobile device. In order to opt out of advertising that is targeted to your mobile device based on your location, follow the instructions below:
3. For Android, there are 2 methods:
   • Method 1: (1) Open the Google Settings app on your device; (2) go to Location (before Android 5.0); and (3) turn off the “Location” setting.
   • Method 2: (1) Open Notification Center (swipe down from top of device); and (2) Turn off the “Location” setting.
4. For iOS:
   • (1) Go to Settings; (2) go to Privacy; (3) go to Location Services; and (4) turn off the “Location Services” functionality and/or review information about specific Applications and System Services.

Use of our Services – SSP
Through our SSP Services, the following cookies are dropped onto our clients’ customers’ devices:

Use of our Services – MRM
Through our MRM Services, the following cookies are dropped onto our clients’ customers’ devices:

Are any third-party cookies set?

There are a number of suppliers that also set cookies, beacons, tags, and scripts on your device on our behalf when you visit our Sites to allow them to deliver the services they are providing (for example if you connect via Twitter, Facebook, or LinkedIn), analyse trends, administer the Sites, track users’ movements around the Site, and gathering demographic information about our user base as a whole. This means that when you visit the Sites you receive cookies from third party websites or domains. We do not control the placing of these cookies and you should check the relevant third party’s website for more information about these cookies. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Web Analytics Tools

The Sites uses web analytics tools, specifically Google Analytics to track your interactions with a Site and to store information, such as your IP address, what time you visited, whether you’ve visited before and what Site referred you to our Site. Site measurement statistics may be used to personalise your website experience, as well as to evaluate (anonymously and in the aggregate) statistics on website activity. We use this information to measure the effectiveness of our web presence and to compile statistical reports.

Where we use Google Analytics, we share this information with Google to help Google improve its capabilities for analyzing sites. For more information about Google Analytics, go to: http://www.google.com/intl/en/analytics/privacyoverview.html

When do our cookies expire?

Except for essential cookies, most of the cookies on our Site expire at the end of your current session on our Site.

We use an opt-in standard for sending you marketing communications, which means we will only do so with your express consent. If you wish to opt out of receiving emails from us, please follow the unsubscribe instructions in any emails you receive from us or contact us as provided below.

If you access the Sites via a third party website, we encourage you to read their individual privacy policies and any terms and conditions to understand how they apply to any data you might permit them to share with us. Where our Sites contain hyperlinks to third party websites you leave our Site when you click through the hyperlinks. We do not control these third party websites or any of the content they contain and we encourage you to read their privacy policies. We do not accept responsibility or liability in relation to your use of any third party Site that you access from our Sites, or which you use to access ours. You use such Sites at your own risk.

We will keep the data we hold about you for as long as we believe is necessary to provide you the information you requested or as reasonably useful for commercial purposes unless you tell us you would like us to stop holding your data. We retain IP addresses that we have collected on behalf of our customers for a maximum period of 18 months from the date of our receipt. For cookie data, please see above.

In connection with our Sites, we use the services of third parties (i.e., technology consultants, CRM vendors, etc.) who will sometimes, in the course of providing services to us, be given access to the information you have provided to us. Each of these service providers is contractually obligated to provide services to us in a manner consistent with this Policy. We may share your personal data with third parties as described below:

• other companies that form part of the FreeWheel group so that they can understand which products and services are more likely to be suited to you;
• third parties who directly support the running of our Sites (including our data centre storage providers);
• third party providers fulfilling and tracking your requests and comments;
• recruitment management providers managing your employment application to us;
• customer service providers; and
• we will also disclose your personal data if we are required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• if at any time in the future we (or our assets) are purchased by another company we can share your data with them as one of those assets.

Any such third parties are not authorised by us to use your personal data in any other way and will be required by us to implement measures to protect your personal data. Please note that we may need to disclose your personal data if we are required to do so by law including to meet national security or law enforcement requirements.

We sometimes offer you the option to post content to a blog, message board, or chat room. In the course of doing so, you may provide personal data. You should be aware that any visitor may view your postings on a blog, on a message board, or in a chat room. Furthermore, any information that you post, including your profile information, is available to all users of that blog, message board, or chat room, and thus is neither private nor confidential. We cannot guarantee the security of such information that is disclosed or communicated online in these public areas, to the extent that they do not constitute personal data, and you do so at your own risk. We reserve the right at any time to remove any content that you may post on any blog, message board, or chat room and/or restrict your access to any blog, message board, or chat room, as well as to republish any user postings, to the extent that they do not constitute personal data, from blogs, message boards, or chat rooms elsewhere on the Internet in any format. To request removal of your personal data from the blog or community forum, contact us as provided below. You understand and acknowledge that even after removal, copies of submitted content may remain viewable if other users have copies or stored your submitted content. In some cases we will not be able to remove your personal data, in which case we will let you know if so and why.

Your interactions with the user community programs we have with third party social networking Sites such as Facebook, LinkedIn, and Twitter may be displayed on this Site and used by us in a manner consistent with this Policy. Your interactions may also be displayed in your social networking profile. These interactions may be viewable by anyone that has access to that profile, depending on your privacy settings with the social networking Site. You should review the privacy policies of these social networking Sites to understand who may have access to your interactions and how the Site may use them.

Our primary data centres are located in Europe, Singapore, China and the USA. These data centres are used to store data that we receive from end-users. We comply with all applicable laws to protect the security of data during international transfer. Where applicable, we utilize the relevant data transfer mechanisms for all personal data received from European Union (EU) member countries, UK and Switzerland.

Where applicable, we are responsible for the processing of personal data we receive, and subsequently transfers to a third party acting as an agent on its behalf.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We commit to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) to address any privacy-related complaints from you. If you do not receive timely acknowledgment of your privacy-related complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.

We take reasonable precautions to keep your personal data secure and where we share your data with third parties we require them to do the same. The information is collected and stored in a manner that is appropriate for the nature of the data that we collect and the need to fulfil your request. Access to your personal data is restricted to prevent unauthorised access, loss, modification or misuse and is only permitted among our staff on a need-to-know basis. If you have any questions about the security of your personal information, you can contact us at legalnotices@freewheel.tv.

This Policy is effective as of the date set out above. We encourage you to check this Policy from time to time. If we change this Privacy Policy, we will notify you by posting the updated version of the privacy policy here. If, however, we intend to use personal data in a manner different from that stated at the time of collection we will notify visitors by posting a notice on our Sites for thirty (30) days in advance of such use and we will give you the opportunity to opt out.

We collect and process your personal data on the basis that your personal data is required for us to provide our Services to you under our contract with you or for the legitimate purposes set out in this Privacy Policy. See here for a list of the personal data we will collect about you.

Please note that you always have the right to request that we:

• provide you information about how we use your data;
• give you access to, and a copy of your personal data we hold in our systems;
• stop contacting you;
• correct, update or delete your personal data in our records;
• stop using, and ensure that all third parties stop using, some or all of your personal data; or
• note any violations of the Privacy Policy.

If you would like us to change how we deal with your personal data, you can send us an email at legalnotices@freewheel.tv or write to us at: FreeWheel Media, Inc., 12th Floor, 1407 Broadway, New York, NY 10018, Attn: Legal Counsel. We will respond to your request within a reasonable timeframe. Please note that we will require that you validate your identity prior to processing your request. If we are unable to accept your request, we will provide you with our reasons.

Please do not hesitate to contact us if you have any questions, comments or concerns about this Privacy Policy. To assist us in dealing with your request, please provide your full name and details of your query.

In addition, if you are located in the EU, you have the right to lodge a complaint with your local data protection authority about our use of your personal data.

The California Consumer Protection Act (CCPA) provides California residents with specific rights regarding their personal information. This section describes and explains how California residents can exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you.
• Our business or commercial purpose for selling or disclosing that personal information, if applicable.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete personal information that we collected from you and retained, subject to certain exceptions. We will delete (and direct our service providers to delete) your personal information from our records upon receiving your verifiable consumer request, unless an exception applies.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a request to us by either calling us at (888) 930-6228, or, sending an email to:

FW_California_Consumers_CCPA_Data_Requests@freewheel.com

You are not required to create an account with us in order to make a request. You may also make a request on behalf of your minor child. If you use an authorized agent to submit a request on your behalf, the authorized agent must provide proof that you gave the agent signed permission to submit the request and their proof of identity and we may also require you to verify your identity directly with us.

We are not required to provide personal information to you more than twice within a 12-month period.

We cannot respond to your request or provide you with your personal information if we cannot reasonably verify your identity or authority to make the request. Please note that, in relation to data that we process as part of our services, it is usually the case that we cannot respond to your request or provide you with your personal information because we cannot reasonably verify your identity or authority to make the request, because this data only contains identifiers which are not linked by us to your name, email or residential address or other information which allows us to verify your identity. Therefore, in relation to data that we process as part of our services, your request should be submitted directly to our customers. In relation to data you submit directly to us via our Sites, please confirm the nature of your relationship with us and provide us with an appropriate form of identification to enable us to locate your personal information.

We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

Notice of California Consumer Data Collection and Sharing Practices

This Privacy Policy includes descriptions of our data collection practices, including the personal information we collect, the sources of that information, the purposes for which we collect information, and whether we sell or disclose that information to external parties. We may use any and all of the information for any of the purposes described in the privacy policy, unless limitations are listed. The categories we use to describe the information are those enumerated in the CCPA.

For Consumers:

• Personal Identifiers: We collect IP addresses and unique identifiers (such as account identifiers, cookie identifiers, and device IDs).
• Commercial Information: We collect purchasing tendencies or histories from third parties and connect that data to the categories of personal information listed here.
• Internet or Other Electronic Network Activity Information: We collect information about your internet service provider, as well as information regarding your interactions with websites and advertisements.
• Geolocation Data: We collect geolocation data.
• Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We analyze your actual or likely preferences through a series of computer algorithms.

For individuals who provide data directly to AudienceXpress:

• Personal Identifiers:
  • We may collect your name, employer, job title, telephone number, email address, and postal address. If you create an account, you will be asked to create a username and password to access our Services.
  • We collect IP address and unique identifiers (such as account identifiers, cookie identifiers, and device IDs)
• Internet or Other Electronic Network Activity Information. We may collect information about your internet service provider, as well as information regarding your interaction with websites and advertisements.
• Geolocation Data: We may collect geolocation data.
• Professional or employment-related information: We may collect your job title and employment information.
• Education Information: We may collect academic information from you.
• Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We analyze your actual or likely preferences through a series of computer algorithms.

We share the above-listed information with service providers, which are external parties that we engage for business purposes and are restricted from using personal information for any purpose that is not related to our engagement. The categories of service providers with whom we share information and the service they provide are described in this Privacy Policy.

We may also disclose information to other external parties who are not listed here when required by law or to protect FreeWheel or other persons, as described in our Privacy Policy.

Do Not Sell My Personal Information

On certain occasions, we sell information to third parties. The categories of these third parties are identified above in the section marked “Sharing Information”. An external party may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using personal information for other purposes. To “sell” information means to disclose it to an external party for monetary or other benefit. We sell the following information:

• Identifiers: We provide unique personal identifiers, online identifiers, internet protocol address, or other similar identifiers to our advertising partners.
• Internet or other Electronic Network Activity Information: We provide information regarding your interaction with an internet website, application, or advertisement with our affiliates, advertising partners, data analytics providers, and audience measurement companies.

You have the right to opt-out of this sale of your personal information. To do so, please submit a request to us by either calling us at (888) 930-6228 or sending an email to FW_California_Consumers_CCPA_Data_Requests@freewheel.com.

Please note that, in relation to data that we process as part of our services, it is usually the case that we cannot respond to your request or provide you with your personal information because we cannot reasonably verify your identity or authority to make the request, because this data only contains identifiers which are not linked by us to your name, email or residential address or other information which allows us to verify your identity. Therefore, in relation to data that we process as part of our services, your request should be submitted directly to our customers. In relation to data you submit directly to us via our Sites, please confirm the nature of your relationship with us and provide us with an appropriate form of identification to enable us to locate your personal information.

You can also opt-out of the sale of personal information that is automatically collected from our Sites by changing your preferences at any time by updating your ‘Cookies Settings’ available on our website.

We do not have actual knowledge that we sell any personal information of individuals under the age of 16.

Opt-out Request

When we collect tracking information on our web sites, we do not respond to Users’ Do Not Track settings in browsers. You may choose to decline cookies in your browser settings on a desktop computer, or by declining tracking on a mobile device.

This Site is not intended for, nor does it seek to receive information from, children under the age of 13.

We are an application services provider, and host a software application that our customers access online. Although end users have a right to access their personal data collected by our customers, we have no direct business relationship with the end users of our customers. If you are a customer of one of our customer and would no longer like to be contacted by one of our customers that use our Service, please direct your requests to our customer that you interact with directly. We will transfer personal data to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.

An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the FreeWheel’s customer (the data controller). If requested to remove data we will respond within a reasonable timeframe.

We also have no control over the content of the advertisement, including any cookies and web beacons set by advertisers on our customers’ Sites. Each customer understands that in the course of providing Services to it, we collect or receive information from the web browsers of individuals that are either visiting such customer’s web property or viewing content that is owned or displayed by such customer. This information includes frequency of ads delivered and other delivery statistics, time, browser type and version, visitor’s operating system, device type, referral URL, visitors’ IP addresses, visitors’ countries inferred from their IP addresses, and cookie data, including user IDs. We require our customers to obtain consent for our use of such information and we use it for our provision of Services and enforcement of our rights as described in the applicable customer contract, to improve our Services, and to compile aggregated statistics for internal or marketing purposes.

We do not possess or have access to information that could match IP addresses or user IDs to the identity of individuals. We do not allow visitor information collected and stored for one customer to be accessed by any other customer. Further, we may use and retain such information only as provided in its agreement with our customer. We require each of our customers to abide by all applicable laws, rules and regulations that are applicable to their use of our Services, and we promise each customer that we will do the same with respect to our provision of Services. We ask each customer to post a privacy policy that covers our Services and to maintain all necessary rights to allow us to provide the Services, including without limitation to receive the information that we collect and store on such customer’s behalf. We also require each customer to prevent personal data to be sent to us (other than IP addresses, device IDs and user IDs). An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to our applicable customer (the data controller) which has transferred such data to us for processing. If requested to remove data we will respond to such request within a reasonable timeframe.