Privacy and Data Policy


Privacy and Data Policy

Revised and posted as of July 1, 2019

This Privacy Policy describes the practices that we, Mode Technologies, Inc. (d/b/a Adaptive Ads) (“Adaptive”), use for gathering, storing, using and disseminating information, as well as some of the steps we take to safeguard that information. We may change this policy from time to time. All changes will be posted to this site, and you are encouraged to periodically check back to this site for any changes to the privacy policy.

Adaptive uses proprietary technology (“Adaptive Tech” defined below) to provide a proprietary online advertising revenue analytics platform (“The Adaptive Platform”) and display advertising services (collectively, the “Services”) for digital property owners (“Clients”). We use cookies, pixels and other technologies to understand how advertisers and website users interact with Clients’ digital properties. We also enable advertisers to place advertisements via the Services on one or more digital properties belonging to Clients. The Services are hosted by Adaptive, its subsidiaries, and third-party contractors.

 

  1. Client & Partner Specific Terms. In addition to the remaining terms herein, this section applies specifically to Clients and Partners.
    1. Information We Collect. If you are a Client, Adaptive requires certain information related to your business, your digital properties (websites, mobile applications, etc.), and your use of the Services. This information includes both personal and non-personal information.  Adaptive will collect and store this information.
      • Adaptive collects personal information when you (1) register with Adaptive to become a Client; (2) provide comments or submit a problem to Adaptive; (3) request information from Adaptive and provide your name or return contact information; or (4) respond to special offers, contests or surveys. As part of the registration process, you may be asked to provide contact information and other personal information. Once your personal information is made available to us, you are not anonymous to us. For example, your user ID is displayed throughout the Service and is therefore available to our employees and contractors. If you choose to provide us with personal information, you consent to the transfer to and storage of that information on servers located in the United States.
      • Adaptive may collect personal information such as your name, email addresses, mailing and billing address, order information, IP address, and information about your site, including but not limited, to your digital property’s revenue earnings data, impressions, pageviews, cookies, page URLs, page visits and information about your visitors.
      • To improve and personalize the Services, Adaptive may collect information about your business from third parties and provide this information on your behalf. This information may include, but is not limited to, third-party counts of monthly pageviews, visitor composition and rankings in various indices. Adaptive may not provide you with the option to turn off the presentation of this information.
      • Adaptive may collect tax information, including Value Added Tax (VAT) or federal tax ID numbers. Adaptive will collect information regarding your activities with respect to the Services. Adaptive will collect any comments you send to us and any information you post to the Adaptive website, platforms or on Clients’ digital properties. Adaptive may also collect information through the use of Cookies (see below).
    2. Sharing Personal Information from Clients & Partners. If you are a Client, we may share information about your digital properties, including but not limited to page impressions, site traffic, prices and leadership with our business Partners. By agreeing to the terms of this Privacy Policy, you consent to such use of your information.  If you are a Partner, we may disclose your contact information and email address to Clients on whose digital properties you have placed advertisements or pixels via Adaptive proprietary technologies. If you are a Client, we may disclose your contact information and email addresses to Partners that manage or sell advertising on your behalf.
    3. The Adaptive Platform Amplified. If you are electing to use The Adaptive Platform Amplified applications, you acknowledge that the providers of such applications may have access to all of your information and you hereby contest to Adaptive provision of such access upon such election. Adaptive is not responsible for the information collection of privacy policies or practices of such providers.
    4. Contractors and Vendors. We use contractors and vendors, including information processing companies, to help with some of our operations. Some of these contractors will have access to our databases of Client and Partner information on a temporary basis for specific tasks. Adaptive also uses vendors to help with certain aspects of its operations, which may require disclosure of your personal information to them. For example, Adaptive may use a vendor to communicate with you (via telephone, e-mail, or letter) about your Service, to remit payments, to generate demographic profiles based on such information, to send out tax forms, and to perform other work that we may need to outsource. Adaptive contractually binds these contractors and vendors to use such information only as necessary to perform the services they are asked to perform.
    5. Your Account. You can add, modify, or update your email address, payment information, name, mailing address, preferences for the types of notifications you wish to receive from Adaptive, and other information by accessing your “Account” page. Other personal information may be modified or updated by accessing your “Account” page or by contacting Adaptive. Your password is the key to your Adaptive account. Use unique numbers, letters, and special characters, and do not disclose your Adaptive password to anyone, even an Adaptive representative. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Adaptive and change your password.
  2. Website User Specific Terms. In addition to the remaining terms herein, this section applies specifically to Adaptive Website Users.
    1. Information We Collect. When you access our websites, such as adaptiveads.com (“Adaptive Sites”), or visit any of the Client digital properties that participate in Adaptive’s Services or non-affiliated sites and view ads from Adaptive’s advertisers (“Platform Sites”), Adaptive automatically receives and stores certain information including IP address, web pages viewed, date and time of visit, and responses to advertisements delivered by Adaptive’s proprietary technology (“Adaptive Tech”) or third-party technologies. We also collect:
      • Information you provide. Adaptive may collect and maintain (or third parties with whom Adaptive has contracted, may collect and maintain on Adaptive’s behalf) information that you provide to us during your visit to an Adaptive site. For example, you may provide information to the Adaptive Sites when you register, sign-in, search, participate in a test profile, survey or special offers, request our e-mail newsletters, or communicate with Adaptive’s customer service. As a result of those actions, you might supply us with personal information such as your name, address, phone number, e-mail address, and personal shopping and product preferences. 
      • Device data. For both Adaptive Sites and Platform Sites, we may collect data from the device you are using, including location data, what type of device it is, what operating system you are using, device settings, unique device identifiers, and crash data. You also may give us permission to access your information in other services. For example, you may be able to link your Facebook or Twitter account to an Adaptive Site, which allows us to obtain information from those accounts (like your friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
        • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
        • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
        • Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs.
        • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
        • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
        • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
        • Cookie data: data from cookies stored on your device, including cookie IDs and settings.
    1. Use of Cookies, Log Files, Adaptive Tech, Devices and Other Technology. Adaptive uses “cookies” to collect and log certain information. A cookie is a small piece of information that a website stores on a personal computer and which it can later retrieve. Adaptive may also use cookies for informational purposes, for example, to store your preferences for certain kinds of products or to serve advertisements tailored to your preferences. If you are uncomfortable with the use of cookie technology, you may get more information on how to opt out of our cookies at any time by emailing privacy@adaptiveads.com. Please note, if you use more than one type of browser, or more than one computer to access the Internet, you will need to opt out in each browser and on each computer that you use. Certain types of Adaptive services, however, could be dependent on cookies, and you may disable those services by refusing cookies. Third parties including advertising networks and Clients may also serve ads and these third parties may also use their own cookies. Adaptive does not control these cookies or the data collection practices of these companies. For more information about these companies’ separate privacy policies, practices, and use of cookies, you should contact the advertising network or Client directly.
    2. Data Collection for Advertising. The non-personal information collected is used to provide relevant, targeted advertising and improve Adaptive’s advertising technology; monitor website traffic; collect statistical data; determine the effectiveness of advertisements and content; and collect data across multiple digital properties (websites, mobile applications, etc.) to categorize likely consumer interest segments for use in online behavioral advertising (“OBA”). Adaptive may track visits to Adaptive sites and Platform Sites and this information may be used over time to help predict your consumer interest segments and select the ad content you see. Adaptive may also use the User Analytics (as defined in the Terms of Service) for marketing other digital content, owed or related to Adaptive, to you or third parties who visited your website(s).  Adaptive may also use non-personal profile-based anonymous information with other non-personal information that Adaptive has obtained from Adaptive Tech, third-party ad serving technologies, the Glam Network, and Non-Affiliated Sites.
  1. Other Reasons We Collect Information about You and How.
    1. Website Usage. Adaptive or Adaptive’s authorized service providers may observe activities, preferences, and transactional data (such as your IP address, browser type, and operating system) relating to your use of Adaptive Sites. Adaptive may use this collected or logged information in order to provide better service, to facilitate our Clients’ use of the Services, to track usage of the websites, and to address security hazards. Adaptive, or one of Adaptive’s authorized service providers, may also use this information to track aggregate traffic patterns. We may use aggregated, statistical information to describe our customer audience, products and services, and to develop partnerships with third parties to offer products and services in which we believe our customers will be interested.
    2. Online Transactions. You may visit an Adaptive Site without registering, but if you enter a sweepstakes or contest, or use other special features that may be offered on our site, you may need to provide us with certain information such as your name, address, phone number, and e-mail address, to open an account with us. We may share your personal information with third parties or affiliates of Adaptive where it is necessary for us to complete a transaction or do something you have asked us to do. We may also use this information to assist you in creating a user ID and a password to protect your account information and facilitate your use of special features or to complete a transaction.
    3. Using Public Areas of Adaptive Sites. Any information disclosed in public areas of the Adaptive Sites, is public information that may be viewed and collected by any party. We cannot control the use of information disclosed in the social networking, chat rooms, reviews, or bulletin board portions of these Sites. You should exercise caution when disclosing information, including photos or images, in public areas of websites and should refrain from disclosing personal information. If you wish to use some of the public portions on these Sites, we will direct you to first create a public ID, which is not your real e-mail address, before you can post information to our Site. Adaptive reserves the right to remove any information at any time from the Adaptive Sites that we deem inappropriate or for any other reason.
    4. Data Sharing with 3rd parties. We may sell your personal or non-personal information to third parties for any reason. If you do not want Adaptive selling your personal information, please email privacy@adaptiveads.com.  We may disclose your personal or non-personal information to unaffiliated third parties who may want to offer you their own products and services. We may share your personal and non-personal information with third parties, or affiliates of Adaptive where it is necessary for us to complete a transaction or do something you have asked us to do. For example, we might need to provide your personal information to third parties, such as advertisers, featured on an Adaptive Site, or through a digital property participating in the Adaptive Services or a Non-Affiliated Site so they can process and fulfill your request for more information from them. We may share your personal and non-personal information with third parties with whom we have contracted to perform services on our behalf, or affiliates of Adaptive. All companies that act on our behalf are contractually obligated to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform. We may disclose personal and non-personal information about our customers as permitted or required by law, such as in connection with a subpoena or similar legal process, or in connection with a merger, acquisition, or bankruptcy, as discussed.
  2. Data Retention
    1. Personal Data. Personal data shall be kept for as long as is necessary for the purposes as described herein. We may store personal data for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.  If you wish for us to cease storing your personal data, please email privacy@adaptiveads.com.
    2. Non-personal Data. Adaptive is required to retain certain non–personal information collected from users of the Adaptive Sites, Affiliated Sites and Non-Affiliated Sites in order to provide audited information to Clients, advertisers and auditors. As a result, ad reporting and delivery data is retained for as long as is necessary for these purposes. Some of the ad reporting and delivery data may be aggregated for statistical purposes and retained indefinitely. Certain aggregated, non-personal information including historical data and attributes collected by Adaptive prior to an opt out election and which represent large numbers of users combined into aggregated statistical data and information shall be kept despite the fact that the user has opted out. Some of the aggregated, non-personal information may be further aggregated for statistical purposes and retained indefinitely.
    3. Additionally, Adaptive reserves the right to retain and use any information described in this Privacy and Security Policy as reasonably necessary to comply with all laws or regulations, regardless of any limitations set forth in this Policy. Adaptive reserves the right to change its data retention policy and the new data retention policy shall apply to all data collected following such change.
  3. Security Practices. Our internal data security policies restrict access to customers’ personal information to authorized employees. Authorized employees may use our customers’ personal information for Adaptive business purposes only. Our employees are bound by Adaptive policies that require them to maintain the confidentiality of our customers’ personal information. Employees who violate these requirements are subject to disciplinary action, up to and including termination. We maintain physical, electronic, and procedural safeguards that are designed to guard our customers’ personal information. For example, for the security of your online visit to an Adaptive Site, we may make use of firewall barriers, encryption techniques, and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Adaptive cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary, so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the e-mail address you provided to us when you registered with the Adaptive Sites. You should be careful to maintain the secrecy of your passwords and/or account information and be responsible about protecting your personal information and identity whenever you are online.
  4. Links to Third-Party Sites. Adaptive Sites may contain links to third-party sites, which are maintained by third parties. Please be aware that Adaptive is not responsible for and cannot control the privacy policies of these other linked sites or their practices. We encourage you to read the privacy policies on these sites for applicable privacy practices relating to personal information you may choose to provide in interacting with these websites and the non-personal information collected through the use of cookies and other technologies collected via those sites because they may differ from Adaptive’s privacy practices.
  5. Adaptive Sites Are Not for Use by Children. Children are not eligible to use Adaptive Sites or Services. We ask that minors (under the age of 18) only use Adaptive Sites and Services in conjunction with your parents or guardians. If you learn that your minor child has provided us with personal information without your consent, please contact us.
  6. Mergers, Acquisitions, and Bankruptcy. If Adaptive should ever file for bankruptcy or merge with another company, or if Adaptive should decide to buy another business or sell or reorganize part or all of Adaptive’s business, Adaptive may be required to disclose both the information you provide to Adaptive and the information gathered by Adaptive to prospective or actual purchasers and other parties. It is Adaptive’s practice to obtain appropriate protections for information disclosed in these types of transactions. Adaptive cannot, however, guarantee that Adaptive’s Privacy and Security Policy will remain unchanged if Adaptive is sold or merges with another company.
  7. Managing Your Privacy Choices.
  1. Updating Your Contact Preferences and Personal Information on Adaptive Sites. You have choices when it comes to how Adaptive uses your personal information. When you register online with an Adaptive Site you can choose not to receive communications from us by e-mail. If you elect not to receive information by e-mail, Adaptive may continue to contact you as necessary to service your account. You can change your contact preferences at any time by following the instructions on the applicable Adaptive Site. Keeping your account information accurate and up-to-date is very important, so we can provide you with excellent service. If your account information is incomplete, inaccurate, or not current, please follow the instructions on the applicable Adaptive Site to correct your account information online. If you need additional assistance, please contact Adaptive customer service at privacy@adaptiveads.com.
  2. Opt Out: Adaptive Client Services and Non-Affiliated Sites. If you would like to opt out from receiving customized, targeted advertisements from Adaptive based upon non-personal information, you may get more information on how to opt out by emailing privacy@adaptiveads.com. Opting out will not remove advertisements. You will continue to see advertisements provided by Adaptive, but the advertising will not be customized or targeted based on non-personal information collected by Adaptive. Please note that if you change computers or browsers, you will need to repeat this process for each computer and each browser.
  3. Deleting Your Information. You have the right to obtain the erasure of personal data without undue delay. Please contact privacy@adaptiveads.com if you would like us to delete your personal data.
  4. California Residents. California residents have the right to:
    • Know what personal information is being collected;
    • Access the personal information that is collected within 45 days of request, and request it be deleted;
    • Know whether your personal information is being shared, and if so, with whom;
    • Opt-out of the sale of your personal information; and
    • Have equal service and price, whether or not you choose to exercise your privacy rights.         
  1. This Privacy and Security Policy Applies to U.S. Customers. If you are visiting our Site from outside of the United States, please be aware that you are sending information (including personal data) to the United States where our servers are located. That information may then be transferred within in the Unites States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us.  These countries (including the United States) may not have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data will at all times continue to be governed by this Privacy Policy.  In addition, such data may be stored on servers located outside your resident jurisdiction, which may have less stringent privacy practices than your own.
  1. Contact Information. If you have questions regarding your user account, our Privacy and Security Policy, your privacy choices, our Terms of Service, or any other topic, we are always happy to answer any questions or concerns you may have. You may email us at  privacy@adaptiveads.com or write us at:

United States:                                                         Outside U.S.:     

Mode Technologies, Inc.                                           Glam Holdings US, Inc. 20-22 Wenlock Road

135 East 57th St., Floor 6                                         20-22 Wenlock Road

New York, NY 10022                                                 London, England N 7GU

 

YOU UNDERSTAND AND AGREE THAT ADAPTIVE’S LIABILITY REGARDING ANY DISPUTE OVER PRIVACY OR RELATED TO THIS PRIVACY AND SECURITY POLICY ARE HEREBY LIMITED AS SET FORTH IN THE ADAPTIVE USER TERMS OF SERVICE.