Flashtalking Privacy Policy

Privacy Policy & Cookies 2018-05-30T09:43:19+00:00

Last Updated: May 10th, 2018

Overview

Flashtalking and its subsidiaries and affiliated companies (“Flashtalking,” “we,” “us” or “our”) provides an interactive advertising technology that delivers advertisements on behalf of advertisers and allows them to serve ads that are customized to users’ interests and to understand how users respond to their ads (the “Services”). Once an ad has been purchased by an advertiser, Our Services allow the advertiser to serve ads, and tailor those ads such that they are more likely to be of interest and value to users of the internet and mobile apps. Flashtalking and the advertisers we work with are fully committed to preserving the privacy of users who see advertisements delivered by Flashtalking.

Flashtalking does not create consumer profiles or audiences, and never brokers or monetizes data to 3rd-parties; data is owned (controlled) by the respective advertisers, and Flashtalking does not pool consumer data across clients/advertisers. Flashtalking does not have any role in user targeting for media-buying or selling.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy. We encourage you to check back regularly to stay informed about our information practices and the choices available to you.

To learn about how Flashtalking meets the requirements of the European Union’s General Data Privacy Regulation (GDPR), please visit https://www.flashtalking.com/gdpr/

Flashtalking is a member of the Network Advertising Initiative (NAI) and adheres to NAI Codes of Conduct as well as the Digital Advertising Alliance’s Self-Regulatory Principles.

Flashtalking participates in the Privacy Shield Framework as well as adhering to their principals.  We are committed to subjecting personal data to Privacy Shield.

Cookies and Other Tracking Technologies used by the Flashtalking Platform

Flashtalking’s platform uses various technologies to collect information, including cookies, web beacons, web storage, advertising device identifiers, and similar technologies. Cookies are small data files stored on your hard drive or in device memory that help to recognize that the same device has been seen before, and where, in the context of a client’s ad campaign.  This helps indicate if an ad is effective for the advertiser, and helps the advertiser tailor messages, offers, recommendations, and promoted content to your preferences over time. For example, once and ad has been bought, a client may use our technology to show you ads that they think will be of particular interest based on your web browsing activity. The Flashtalking platform may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Services and help perform a variety of functions, including delivering cookies, counting visits, and understanding usage.

Non-cookie technologies can also be used to recognize your device in order to show you ads that are tailored to your interests and to understand how you interact with the ads we show. For example, your device might be identified through the IP address from which you interact with the Services and the user agent string broadcast by your browser or device. For more information about the choices available to you with respect to our use of information about your browser or device for interest-based advertising purposes, please see “Your Choices” below.

Sharing of Information

We may share the information we collect as follows or as otherwise described in this Privacy Policy:

  • With our advertising and publishing clients, with respect to the performance of their online ads;
  • With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property or safety of Flashtalking or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and
  • Between and among Flashtalking and any current or future parent, subsidiary and/or affiliated company.

How We Protect the Information We Collect

We take reasonable measures to help protect the information we collect from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. However, no transmission over the internet or electronic storage can be completely secure, so we cannot guarantee the absolute security of any data.

Retention of Information

Flashtalking retains information for a period of time per type of data based on Legitimate business need, Contractual obligations, and Consent.  Please request a copy of our Information Retention Policy by emailing privacy@flashtalking.com.

IP Addresses – the last octet is purged for DE residents prior to any collection.

International Data Transfers

We maintain facilities and offices around the world, including in the United States, the UK, EU, and Australia. Your personal data may be transferred to, stored, or processed outside of your country or the country in which you were located when you initially volunteered the information.  Flashtalking is responsible for onward transfer to 3rd parties if they occur.

As a global marketing technology and services provider working with international Clients, we take many steps to protect the personal data in our care, including offering contractual assurances to this effect. Should the relationship with you or one of our group companies, Clients or partners involve cross-border data flows outside the European Union, we shall formally undertake to comply with the best data protection standards by adhering to the Standard Contractual Clauses adopted by the European Commission.

Contact Us

If you have any questions or need to contact us, please first reach out at privacy@flashtalking.com.

If you wish to escalate your inquiry after contacting the privacy team, you are welcome to contact our Data Protection Officer, Lucid Privacy, reachable at DPO@flashtalking.com.

Complaints

You have the right to complain to a Data Protection Authority about our or our clients’ collection and use of your personal data. For more information, please contact your local authority or the contact details for data protection authorities in the European territories are available here:

http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm

The U.S. Federal Trade Commission (FTC) and U.S. Department of Transportation have statutory authority over organizations to the commitments to Privacy Shield.  If you wish to have third party dispute resolution or binding arbitration, we utilize the service of JAMS – www.jamsadr.com.

If you are an online consumer, please continue reading below.
If you are a commercial visitor to our website, please click here.
If you are an authorized user of our ad technology platform, please click here.

 

Privacy Policies Pertaining to Online Consumers

Collection of Information

Information We Collect Automatically Through the Services

In order to serve advertisements to your web browser and to help our customers provide ads that are relevant to your interests, we automatically collect certain information when you access websites that incorporate our Services or otherwise interact with our Services. This information does not identify you individually, but it does reflect information about the websites and mobile apps you visit and use and how you interact with the ads we serve.

  • Browser and Device Information: We collect information at the time of the ad being served about your browser and device, including your browser type, device type, IP address, user agent string, operating system, mobile carrier (if applicable), connection type and identifiers assigned to your browser or device, such as the advertising identifiers assigned by platform providers.  This information does not directly identify a natural person or individual, nor is tied to “sensitive information” under GDPR.
  • Usage Data: We collect information about the websites and mobile apps you visit, including the date and time your browser or device accesses such websites or apps and the specific pages accessed;
  • Click and Search Data: We collect information about the ads that you click on and the search terms you employ within the Services.
  • Location Information: If permitted by your browser or device, we may collect information about the geo-location of your device for the purposes of serving ads that may be more relevant to you or helping to understand how you responded to ads served to you. For more details, please see “Your Choices” below. We also infer information about your general (non-specific) location based on your IP address.

Collection of Personal Information

Although our Services are designed to avoid collecting information that identifies you personally, in certain cases, at the request of an advertiser or publisher, a Flashtalking ad may be designed to enable the collection of data such as your town, zip code, or gender.  This information is provided to the advertiser or publisher who sponsored the ad or its authorized service provider and is not used by Flashtalking for any other purpose. The advertiser or publisher’s collection and use of personal information is governed by such advertiser or publisher’s privacy policy.

Flashtalking does not collect or use data for advertising purposes which directly identifies an individual or is tied to “sensitive information” such as name, postal address, social security numbers or other government issued identifiers, insurance plan numbers, financial account numbers, sexual orientation, or precise information about past, present, or potential future health or medical conditions. We do not personalize any ads based on any health-related topics.

Grounds for Using Your Personal Data

When administering the website, Flashtalking acts as a data controller.  While collecting and processing Ad data, Flashtalking acts as a data processor, relying on the following lawful grounds to collect and process your personal data:

  • Legitimate business interests. We may use your personal data for our legitimate business interests to improve our websites and content, and to optimize your experience. Consistent with our legitimate business interests and any choices that we offer or consents that may be required under applicable laws and regulations, we may use personal data and technical information for direct marketing.
  • Performance of contract. We will need to collect and use your personal data to fulfill a contract with a client of Flashtalking, who has paid us to display advertisements. For example, when you visit a website which our clients and partners offer advertising services, Flashtalking will display an ad and collect the relevant information about the display of the advertisement.
  • User Consent. We may use personal data described in this Privacy Policy subject to your consent. Notably and where required by applicable laws and regulations, we will rely on your consent for electronic marketing and personalization of message content, which may include collecting information from your mobile device or computer. You may withdraw your consent at any time using the opt-out and preference management mechanisms provided within the message or by contacting us as described in this Privacy Policy. Withdrawing consent will not affect the lawfulness of consent-based processing before consent was withdrawn.

Use of Information

We use the information we collect to help our clients understand how their ads are performing, to serve ads that are targeted to your interests, and to understand, measure, and report on how users interact with the Services. We also use the information we collect from the Service to maintain and constantly improve upon the Services.

Your Choices

Opting out of Interest-Based Advertising

Please go to our Opt Out Page located here – https://www.flashtalking.com/optout/

Request removal of your Personal Data for EU citizens

Please request from the Advertiser network or you may request by emailing privacy@flashtalking.com.  The Opt Out above is a self-initiated action which will accomplish the same goal.

Data Subject Rights (EU only)

This section addresses the Article 12 requirement for Transparent information, communication and modalities for the exercise of the rights of the data subject.  An individual consumer who seeks access to personal data concerning them, or who seeks to correct, amend, request processing restrictions, object to processing, or delete personal data or exercise a right of portability should direct his or her query to the respective Flashtalking clients.

Flashtalking abides by the Data Subject Rights requests referenced within GDPR Articles 13-22 with respect to:

  • Right to be informed (about processing activities and applicable rights)
  • Right to access data (or obtain data being processed)
  • Right to rectify information (when outdated or incorrect)
  • Right to erasure (and to be publicly forgotten)
  • Right to object to processing (particularly activities based on consent)
  • Right to restrict processing (when processing is deemed to be unlawful)
  • Right to data portability (between proprietary systems in a common format)
  • Rights related to automated decision making (including decisions based on profiling activities)

Flashtalking and its subsidiaries and partners have put into place operational processes to comply with all Data Subject Rights requests within 30 days when received, however we may need to verify certain Personal data fields to ensure we act upon the correct data.

Right to be Informed about Processing (Articles 13 and 14):

  • We respect and acknowledge that individuals frequently desire to access their personal information. However, we have no direct relationship with the individuals whose personal data we process on behalf of our customers. An individual who seeks access, or who seeks to correct, amend, or delete data should direct his or her query to the respective Advertiser. If Flashtalking is requested to provide assistance by said Advertiser, we will respond/act within 30 days. You may also Opt Out of our services, in which case, we will no longer process your Personal information.

Right to access data (or obtain data being processed) (Article 15):

  • A user should first request this from the Advertiser, as we process data on their behalf (processor rather than controller) and as such we will also need their consent to release. We will then request verification of personal data prior to release of the information. If such information cannot be verified, we reserve the right to withhold fulfilment the request.

Right to rectify information (when outdated or incorrect) (Article 16):

  • Once data access is given, as per Article 15, the user has the right to rectify. However, as this data is collected from the device at the time of the ad being served, it is usually factual (at the time).  Flashtalking has a Contractual Obligation to report on advertisements being served, so the users personal data is not relevant to the ad serve action, which we are obligated to report.

Right to erasure (and to be publicly forgotten) (Article 17):

  • Once Flashtalking’s Contractual Obligations are fulfilled, the user data may be overwritten/deleted to fully anonymize the individual upon written request and verification, as per Article 15. However, based on user action, they may appear in our system with a new GUID/Cookie ID.  The Opt Out mechanism fulfils the user’s objective without risk of a new GUID or entry into our database.

Right to restrict processing (when processing is deemed to be unlawful) (Article 18):

  • Flashtalking will suppress unique identifiers to halt processing if requested to by the Advertiser and individual following the actions in Article 15 and 17. User can also accomplish by the Opt Out mechanism.

Right to data portability (between proprietary systems in a common format) (Article 20):

  • Flashtalking’s system is unique and proprietary making data portability difficult however if requested to, we will act in accordance of Article 15 provided that as per Article 20, a common format is available.

Right to object to processing (particularly activities based on consent) (Article 21):

  • Similar to Article 17, users may object to processing by either requesting from the Advertiser or via our Opt Out mechanism. Flashtalking will comply with all such requests.

Rights related to automated decision making (including decisions based on profiling activities) (Article 22):

  • While Flashtalking is a member of the advertising community, Flashtalking systems do not rely on any fully automated decision making, making this Article unlikely to apply to Flashtalking activities.

Privacy Policies Pertaining to Commercial Visitors to the Site

This section of the Privacy Policy describes how Flashtalking collects, uses, and discloses information when you visit this website (“the Site”) and applies to all websites and mobile applications from which Flashtalking collects marketing data including https://www.flashtalking.com/ and any/all related service URLs.

Information We Collect Automatically on the Site

In order to serve advertisements to your web browser that are relevant to your interests, we automatically collect certain information when you access the Site.. This information does not identify you individually, but it does reflect information about your visit(s) to the Site and how you interact with the content.

  • Browser and Device Information: We collect information at the time of your visit to the Site about your browser and device, including your browser type, device type, IP address, user agent string, operating system, mobile carrier (if applicable), connection type and identifiers assigned to your browser or device, such as the advertising identifiers assigned by platform providers.  This information does not directly identify a natural person or individual, nor is tied to “sensitive information” under GDPR.
  • Usage Data: We collect information about your visit(s) to the Site, including the date and time your browser or device accesses the Site and the specific pages accessed;
  • Click and Search Data: We collect information about the links that you click on and the search terms you employ within the Site.

Location Information: If permitted by your browser or device, we may collect information about the geo-location of your device for the purposes of serving you ads that may be more relevant to you or helping to understand how you responded to ads served to you. For more details, please see “Your Choices” below. We also infer information about your general (non-specific) location based on your IP address.

Information Collected On Our Website

Information Collected

Advertisers and publishers may provide contact information through our Site to find out more about Flashtalking, be contacted by a Flashtalking representative, or to start working with Flashtalking. Flashtalking (and its agents and service providers) may use this information to respond to your request, to send you marketing communications, and for business purposes such as marketing and research. We will also use the information we collect from advertisers and publishers for invoicing and billing purposes. You may opt out of receiving promotional emails from Flashtalking by following the instructions in those emails or by emailing us at privacy@flashtalking.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations, if applicable.

Flashtalking may also work with third parties that collect data on our Site and on other websites to serve you targeted ads. You can opt out of interest-based ads by companies that participate in the Digital Advertising Alliance opt out program by visiting here – http://optout.aboutads.info/

Information We Collect from Other Sources

We may also obtain other information that does not identify you personally (directly identify a natural person or individual or tied to “sensitive information” under GDPR) from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including our business partners, other advertising companies, and publicly available sources.  Please be aware that the information we receive from other parties is usually voluntarily given through use of their services.

Grounds for Using Your Personal Data

When administering the website, Flashtalking acts a data controller and relies on the following lawful grounds to collect and process your personal data:

  • Legitimate business interests. We may use your personal data for our legitimate business interests to improve our websites and content, and to optimize your experience. Consistent with our legitimate business interests and any choices that we offer or consents that may be required under applicable laws and regulations, we may use personal data and technical information for direct marketing.
  • User Consent. We may use personal data described in this Privacy Policy subject to your consent. Notably and where required by applicable laws and regulations, we will rely on your consent for electronic marketing and personalization of message content, which may include collecting information from your mobile device or computer. You may withdraw your consent at any time using the opt-out and preference management mechanisms provided within the message or by contacting us as described in this Privacy Policy. Withdrawing consent will not affect the lawfulness of consent-based processing before consent was withdrawn.

Use of Information

We use the information we collect through the Site to measure and improve user experience.  We may also use personal information you provide to us for sales and direct marketing-related communications.

Your Choices

Opting out of Interest-Based Advertising

Please go to our Opt Out Page located here – https://www.flashtalking.com/optout/

Request removal of your Personal Data for Marketing Communications

Whether we received your information through a form submission on the Site, through an email, provided to us directly, or through a partner service, you may opt out of marketing communications through the opt out process provided in our marketing messages. Please note that while the opt out is being processed, you may receive additional marketing communications.

Data Subject Rights (EU only)

This section addresses the Article 12 requirement for Transparent information, communication and modalities for the exercise of the rights of the data subject.  An individual who seeks access to personal data concerning them, or who seeks to correct, amend, request processing restrictions, object to processing, or delete personal data or exercise a right of portability can direct his or her query to Flashtalking at privacy@flashtalking.com.

Flashtalking abides by the Data Subject Rights requests referenced within GDPR Articles 13-22 with respect to:

  • Right to be informed (about processing activities and applicable rights)
  • Right to access data (or obtain data being processed)
  • Right to rectify information (when outdated or incorrect)
  • Right to erasure (and to be publicly forgotten)
  • Right to object to processing (particularly activities based on consent)
  • Right to restrict processing (when processing is deemed to be unlawful)
  • Right to data portability (between proprietary systems in a common format)
  • Rights related to automated decision making (including decisions based on profiling activities)

Flashtalking and its subsidiaries and partners have put into place operational processes to comply with all Data Subject Rights requests within 30 days when received, however we may need to verify certain Personal data fields to ensure we act upon the correct data.

Right to be Informed about Processing (Articles 13 and 14):

  • An individual who seeks access, or who seeks to correct, amend, or delete data collected for sales or direct marketing purposes can contact Flashtalking at privacy@flashtalking.com. We will respond/act within 30 days.  You may also Opt Out of marketing communications through the mechanism provided in the message, in which case, we will no longer use your Personal information for direct marketing.

Right to access data (or obtain data being processed) (Article 15):

  • We will release the information upon verification of personal data. If such information cannot be verified, we reserve the right to withhold fulfilment the request.

Right to rectify information (when outdated or incorrect) (Article 16):

  • Once data access is given, as per Article 15, the user has the right to rectify. Please submit such requests to privacy@flashtalking.com.

Right to erasure (and to be publicly forgotten) (Article 17):

  • Personal data held for sales and marketing purposes may be overwritten/deleted upon request.

Right to restrict processing (when processing is deemed to be unlawful) (Article 18):

  • Flashtalking will suppress use of personal data for sales and direct marketing following the actions in Article 17. Users can also accomplish this through the Opt Out mechanism provided in marketing communications.

Right to data portability (between proprietary systems in a common format) (Article 20):

  • If requested to, we will act in accordance of Article 15 provided that as per Article 20, a common format is available.

Right to object to processing (particularly activities based on consent) (Article 21):

  • Similar to Article 17, users may object to use of their personal data for sales or direct marketing communications by either requesting from Flashtalking or via the Opt Out mechanism provided in communications. Flashtalking will comply with all such requests.

Rights related to automated decision making (including decisions based on profiling activities) (Article 22):

  • Flashtalking does not rely on any fully automated decision making with respect to sales and marketing communications.

Privacy Policies Pertaining to Authorized Users of our Ad Technology Platform

This section of the Privacy Policy describes how Flashtalking collects, uses, and discloses information when you use the Services and applies to all websites and mobile applications from which Flashtalking collects data including https://www.flashtalking.com/, https://hub.flashtalking.net/, and any/all related service URLs.

Flashtalking is fully committed to preserving the privacy of users who see advertisements delivered by Flashtalking, and requires the same commitment from all users of the Services including Flashtalking employees, its clients, and anyone authorized to access and use the Platform and related services (“Platform Users,” “you,” or “your”).

Collection of Information

Information We Collect Automatically Through the Services

We automatically collect certain information when Platform Users access and interact with the Services. This information reflects the parts of the platform you visit, and how you interact with the Services.

  • Browser and Device Information: We collect information at the time of accessing the Services about your browser and device, including your browser type, device type, IP address, user agent string, operating system, mobile carrier (if applicable), connection type and identifiers assigned to your browser or device, such as the advertising identifiers assigned by platform providers.
  • Usage Data: We collect information about the date and time your browser or device accesses the Services, and the specific pages accessed;
  • Click and Search Data: We collect information about the buttons and links that you click on and the search terms you employ within the Services.
  • Location Information: If permitted by your browser or device, we may collect information about the location of your device for the purposes of tailoring the Services to your locality. We also infer information about your general (non-specific) location based on your IP address.
  • Use of our Platform (Hub): We will use your email address for login authentication, Platform update communications, and marketing communications.

Grounds for Using Your Personal Data

When administering the website through which you access the Services, Flashtalking acts a data controller.  We rely on the following lawful grounds to collect and process your personal data:

  • Legitimate business interests. We may use your personal data for our legitimate business interests to improve our websites and content, and to optimize your experience. Consistent with our legitimate business interests and any choices that we offer or consents that may be required under applicable laws and regulations, we may use personal data and technical information for direct marketing.
  • Performance of contract. If you are our client, we need to collect and use your personal data to fulfill our contract with you and provide access to the Services.
  • User Consent. We may use personal data described in this Privacy Policy subject to your consent. Notably and where required by applicable laws and regulations, we will rely on your consent for electronic marketing and personalization of message content, which may include collecting information from your mobile device or computer. You may withdraw your consent at any time using the opt-out and preference management mechanisms provided within the message or by contacting us as described in this Privacy Policy. Withdrawing consent will not affect the lawfulness of consent-based processing before consent was withdrawn.

Use of Information

We use the information we collect to grant you access to the Services, to understand, measure, and report on how you interact with the Services. We use the information we collect from the Service to maintain and constantly improve upon the Services, and to periodically send platform and marketing communications.

Your Choices

Request removal of your Personal Data for Marketing Communications

Whether we received your information through our contractual relationship or through a partner service, you may opt out of marketing communications through the opt out process provided in our marketing messages. Please note that while the opt out is being processed, you may receive additional marketing communications.