Effective as of May 25, 2018
We have prepared this Privacy Notice to explain how, why, and when we collect data from you to provide targeted advertising services for our clients, and your rights in respect of this data. If you have additional questions, you can contact us (see the “Contact Us” section below).
1. About SellPoints’ Services
SellPoints provides targeted advertising and marketing services for our clients (“Advertisers“).
Our products help show our clients’ ads to the people that are most likely to find them interesting. We aim to make advertising more useful and relevant to consumers by showing ads that are best tied to their specific interests. And we show these ads on websites which rely on advertising revenue to support the content we all consume each day, often for free.
To do this, when you visit a website or a mobile application operated by an Advertiser (collectively “Digital Properties”) or we serve you an ad on behalf of an Advertiser on a third party site, we may collect some or all of the data described in this Privacy Notice. Our platform uses that data, as well as other data described below, to, among other things, help Advertisers provide ads to you that are more relevant to you.
For example, let’s say you are in the market for a new winter coat. If you visit a retailer’s website in search of the perfect winter coat but don’t purchase because you are still looking, we may later show you ads for that retailer to encourage you to come back and purchase one of their coats, perhaps even with a discounted offer or notice of an upcoming sale. We may also show you other ads from such retailer or ads from other companies with additional product recommendations you may be interested in, such as winter hats, as you browse the internet. If you gave the retailer your email address or mobile telephone number for marketing purposes, we may also serve ads to you from such retailer through other channels, such as by email or text messaging.
2. What data we collect
We collect the following categories of data for the purposes explained below.
- Activity on Advertisers’ Digital Properties: This is data about your browsing activity on the Advertiser’s website or app. For example, which pages you visited and when, what items were clicked on a page, how much time was spent on a page, what items you placed into your online shopping cart, what products were purchased and how much was paid.
- Device and browser information: This is technical information about the device or browser you use to access the Advertiser’s website. For example, your device’s IP address, cookie string data, operating system, and (in the case of mobile devices) your device type and mobile device’s unique identifier such as the Apple IDFA or Android Advertising ID.
- Ad data: This is data about the online ads we have served (or attempted to serve) to you. It includes things like how many times an ad has been served to you, what page the ad appeared on, and whether you clicked on or otherwise interacted with the ad.
- Data from Advertising Partners: This is data that we lawfully receive from digital advertising companies that we work with (“Advertising Partners”) to help us deliver ads to you and recognize you across browsers and devices. This may include pseudonymous advertiser identifiers (meaning identifiers that help identify your browser or device, but do not directly identify you as a person) which some Advertisers or other third party Advertising Platforms choose to share with us – for example, your “Customer ID” with an Advertiser, an identifier (such as a cookie) associated with a hashed version of your email address, or demographic data such as age range. We may work with our Advertisers and Advertising Partners to synchronize their unique, anonymous identifiers to our own to enable us to more accurately recognize a particular unique browser or device and the advertising interests associated with it.
- Email or Mobile Telephone Numbers from Advertisers: Some Advertisers choose to share actual email addresses or mobile numbers from their customers with us, so that (with the help of Advertising Partners) we can help the Advertiser serve targeted ads to customers. For example, if you have given a retailer your email address, through our service, such retailer may send you a promotional email for a product you looked at but did not purchase.
- Hashed email addresses: If an Advertiser allows, we may collect hashed versions of emails that are entered on that Advertiser’s site. Hashing is a “one-way function” which means we can go from firstname.lastname@example.org to 12345 (12345 being the “hash”), but we can’t reverse the process and go from 12345 to email@example.com. We take this step to de-identify data and protect email addresses while being able to use an identifier to better connect devices and browsers. We describe how this helps us better provide our services in the “How we use the data we collect” section below.
- Aggregated Personal Information. We may monitor your use of our Services and compile information about such use, including personal information and other data in an aggregate and anonymous manner, together with information from other users of our Services (“Anonymous Aggregated Data”), to derive statistical and performance information related to the provision and operation of our Services, or related to any other matter, and may make such information publicly available or privately available to third parties, provided that such information does not include any data that would enable the identification of you or your Personal Information or the disclosure of Customer Confidential Information. We retain all rights, title and interest in and to such statistical and performance information.
3. How we use the data we collect
We use this data to help our Advertisers identify and serve ads to you that are more relevant to you. We also use this data to operate, improve and enhance our services including enhancing the data points we or our Advertising Partners have about a particular user, browser, or device to serve the most relevant ads to you and, in turn, improve the performance of an Advertiser’s ad campaigns. Specifically, we use this data for:
- Targeting: Selecting ads that are more likely to be relevant to you based on the interests previously associated with your device and the time of day you may be most interested in viewing these specific ads. For example, we may show you ads for your favorite shopping site (or similar sites we think you may like) during lunch or commute hours.
- Frequency capping: Making sure that you don’t see the same ad too many times.
- Sequencing: If you are being served a sequence of ads, making sure we show you the right ad next in the sequence.
- Cross-device matching: Identifying all devices that are likely to be associated with you so that ads can be targeted, capped and sequenced across those devices. For example, cross-device matching helps us NOT show you ads for a product such as skis you were looking at on your phone but already purchased on your tablet. Instead, we’ll try to show you ads for a ski resort where you can use those skis. It also helps us match devices so we can honor your opt-out choices across all devices we know are connected to the opted-out cookie.
- Attribution: Monitoring when, where, and at what price we served certain ads on behalf of an Advertiser so that we can measure our influence on the marketing result of the Advertiser’s campaigns and overall marketing strategy. For example, being able to measure if a certain ad campaign (the ads shown and to whom they were shown) actually sold more products for an Advertiser.
- Reporting: Providing Advertisers insights into how their ads are performing and gain insights into their customers. Reporting may include ad metrics such as impressions, clicks, and conversions (however the Advertiser may define a “conversion,” for example, a sale or a white paper download). For example, if an ad is not performing well (customers aren’t clicking on it), the Advertiser will be able to see that data and update the ad (perhaps with a better deal!).
- Data Analytics. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities
- Customer Service. To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding products and services. To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
- Personalization. To personalize your experience on the Sites by presenting products and offers tailored to you.
- Other Uses. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Data is reported in the aggregate for the campaign and, at times, at the cookie level. For some customers, ad metrics are reported at the domain level and at the contact level. For some customers, ad metrics such as impressions, clicks, conversions etc may be aggregated at the domain level (the domain representing the company/account the Advertiser wanted to target).
4. Our legal basis for processing personal data (European Territory Visitors only)
If you are a visitor from the European Territories, our legal basis for collecting and using the personal data described above will depend on the personal information concerned and the specific context in which we collect it. “European Territories” means the European Economic Area and Switzerland. For the purpose of this Privacy Notice, the term “European Territories” shall continue to include the United Kingdom, even after the United Kingdom leaves the European Economic Area following Brexit.
However, we will normally collect personal data from you where the processing is in our legitimate business interests to, for example, administer our platforms and services and fulfill our contractual obligations as a service provider.
In some cases, we may collect and process personal data based on consent. To the extent our Advertisers and Advertising Partners need to collect and share, or allow us to facilitate collection and sharing of personal data to enable our services, it is the responsibility of these parties to provide necessary privacy notices and obtain required consent(s).
If you have questions or need further information concerning the legal basis on which we collect and use your personal information, including if you would like to better understand how our legitimate interests to process your data are balanced against your data protection rights and freedoms, then please contact us using the contact details provided under the “Contact us” section below.
Please note that when an Advertiser sends us or uploads personally identifiable information, including, but not limited to, email addresses for targeted advertising purposes, we process that data only on behalf of the relevant Advertiser as its processor. If you have any questions about the use of this data by an Advertiser for the purpose of serving targeted advertising to you, please contact the relevant Advertiser.
5. Data Sharing
We may disclose information about you:
- With an Advertiser whose Digital Properties you have visited: We may share information about how you have interacted with that Advertiser’s Digital Properties or its ads.
- With our service providers: We contract with companies who help with parts of our business operations (for example, website and data hosting, fraud prevention, viewability reporting, and email delivery). We require that our service providers only use your information in connection with the services they perform for us.
- With our Advertisers’ service providers: Our Advertisers may contract with companies who handle data (such as managing Advertisers’ customer lists) for them.
- With our related companies: But they will only process your data for the purposes already explained in this Privacy Notice. Our related companies currently include Push Holdings, Inc., Branded Response, Inc., and ConversionPoint Technologies, Inc.
- In connection with legal proceedings: When we are under a legal obligation to do so, for example, to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order), or where disclosure is necessary to exercise, establish or defend the legal rights of SellPoints, our Advertisers or any other third party.
- In connection with a sale of our business: If a third party acquires some or all of our business or assets, we may disclose your information in connection with the sale.
We also share non-personally identifiable data we obtain with other advertising companies in the digital advertising ecosystem. This enables them and us to better target ads to you. None of this data, however, enables them to identify you directly (for example, by name).
6. Cookies and related technologies
Tracking cookies enable us to identify your device when you move between different Digital Properties so that we can serve targeted advertising to you.
Specifically, the cookie we serve through the SellPoints platform for this purpose is named “SellPoints Cookie”.
We may also drop cookies from our Advertising Partners for the purposes described above. The Advertising Partner cookies dropped will vary depending on the Advertiser.
Additionally, we use non-tracking cookies (not unique) to store user decisions in terms of your ad and opt-out choices:
- We may drop a cookie with value opt-out if you opt-out as described below and a SellPoints consent cookie to track your consent choices.
- We may drop a cookie that stores the choices you have made regarding data processing and advertising by SellPoints.
7. Your choices and opting-out
We recognize how important your online privacy is to you, so we offer the following options for controlling the targeted ads you receive and how we use your data:
- You can opt out of receiving personalized ads served by us or on our behalf by following the instructions provided or by clicking here. Please note that, if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again.
- In some cases we may link multiple browsers or devices to you. If you opt out on a browser or device and we have more linked to you, we will extend your opt-out decision to the other linked browsers and devices. Since we only link users across browsers on devices in some conditions, there could be cases where you are still being tracked in a different browser or device we have not linked, and where we are treating you as a different user.
- We also comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You may opt out of receiving personalized ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners via the DAA website here.
- We also comply with the Canadian Self-regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance of Canada (DAAC). You may opt out of receiving personalized ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners via the DAAC website here.
- We also adhere to the European Interactive Advertising Digital Alliance (EDAA) guidelines for online advertising and you may opt out via their Your Online Choices
- Please note that when using the ad industry opt-out tools described above:
- If you opt-out, your browser may still send us data, for example, your IP address. However, we isolate this data and do not use it other than for accounting and, in some cases, for fraud prevention. If you have opted-out on that browser, we do not use this data to personalize ads or to track you.
- If you use multiple browsers or devices we will additionally opt out those we have linked to you. Since we may not have all your browsers or devices connected back to your user, you may need to execute this opt-out on each browser or device.
- Other ad companies’ opt-outs may function differently from our opt-out.
- To opt out of receiving targeted ads that are based on your behavior across different mobile applications, follow the below instructions for iOS and Android devices:
- iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting
- For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”
Opting out will not prevent you from seeing ads, but those ads will likely be less relevant because they won’t be tailored to your interests. The ads might, for instance, be randomly generated or based on the web page you are visiting.
In addition, if you are located in a European Territory you will also have additional data protection rights. These are described under the heading “Additional data protection rights for European Territory residents” below.
8. Data retention
Personal data collected for other purposes is held no longer than necessary for our business purposes but is anonymized.
We apply technical, administrative and organizational security measures to protect the data we collect against accidental or unlawful destruction and loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against other unlawful forms of processing.
10. International transfers
We may transfer the data we collect about you in one country to another country (including the United States of America) for the purposes of storage and processing of data and operating our services. In general, data is transferred to the countries in which we, our Advertisers, or our or their service providers operate.
Those countries may not have the same data protection laws as your country. However, when we transfer your information to other countries, we will protect that information as described in this Privacy Notice and take steps, where necessary, to ensure that international transfers comply with applicable laws.
For example, when we transfer your information from a European Territory to our parent company in the United States, we do so under the European Commission’s Standard Contractual Clauses.
11. Additional data protection rights for EEA residents
If you are a resident of a European Territory, you have the following enhanced rights under EU data protection law:
- If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “Contact us about questions or concerns” section below.
- You can object to processing of your personal information or ask us to restrict processing of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact us about questions or concerns” section below.
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Specifically, you can withdraw consent for us or our partners to drop our SellPoints cookie and our partners’ cookies by clicking here or by withdrawing consent for SellPoints when you see a “consent banner” on a publisher or advertiser site which lists SellPoints as a vendor.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority (contact details for data protection authorities in the European Territories are available here).
Please note that we have no direct relationship with the individuals whose personal data we process on behalf of our Advertisers and Advertising Partners. Where we act as a processor for our Advertisers and Advertising Partners, you should direct any requests to access, correct, update, or delete your personal data to the respective Advertiser or Advertising Partner. We will respond to any requests by an Advertiser or Advertising Partner to provide assistance with such requests within 30 days.
12. Changes to this Privacy Notice
Changes to this Privacy Notice will be posted on this page. If we make a material change to our privacy practices, we will provide notice on the site or by other means as appropriate.
If we are required by applicable data protection laws to obtain your consent to any material changes before they come into effect, then we will do so in accordance with law.