FACTUAL PRIVACY POLICY

Effective Date: November 16th, 2018

Sections:

  1. Introduction
  2. Who this policy covers?
  3. What does this policy cover?
  4. How this policy is structured?
  5. Part A: Who we are and what we do?
  6. Part B: Consumer Data
    1. What consumer information does Factual receive?
    2. How does Factual use device data for its services?
    3. How long does Factual retain device data?
    4. Does Factual share consumer information?
  7. Part C: User Data
    1. What user information does Factual collect?
    2. Data collected from Factual sites and Factual apps
    3. How long does Factual retain user information?
    4. Does Factual share user information?
  8. Part D: General Information (including your rights)
    1. Children’s Privacy
    2. International Transfer
    3. Your Rights
    4. Changes to this policy
    5. Contact Us

1. Introduction

This Privacy Policy applies to the processing of personal data by Factual Inc. (“Factual“, “we” or “us“), which means information about an identifiable individual (“you“) that Factual collects through the use of our sites and apps (“User Information“) as well as through the use of Factual’s services that involve the use of Device Data.

If you are located in the European Economic Area (“EEA”) or Switzerland, it also describes your data protection rights, including a right to object to some of the processing which Factual carries out. More information about your rights, and how to exercise them, is set out in the International Visitors; Your Rights section below.

2. Who this Policy covers?

This policy covers the following individuals:

1. Consumers these are individuals who use apps from which Factual receives or collects data to power its Services such as apps that are owned or operated by Factual’s Partners (or partners of Factual Partners).
2. Customers this covers anyone who uses Factual’s Services and includes brands, advertising agencies, media and technology platforms.
3. Partners means third-parties (e.g., publishers, third-party app developers) who provide data to Factual which Factual use to build the Services used by Factual’s Customers, and includes parties that use Factual’s software development kit (“SDK“) to collect information. The SDK can be described as the tools used by third-party app developers to build an app.

Some of our Partners are also Customers of Factual.

4. Users users who visit Factual’s website or any website that links to this policy (“Site“) or use Factual’s apps, including you if you’re reading this Privacy Policy on our Site;

Some of our Users are also Customers of Factual.

 

Depending on your relationship with Factual, you may fall into more than one of the above categories.

3. What does this Policy Cover?

This Privacy Policy relates to: (a) Factual’s services that involve the use of Device Data and information derived from Device Data (“Services“); and, (b) Factual’s collection and use of information obtained through our Site(s) (including Factual User Accounts) and Factual’s apps (“User Information“). Device Data is described in the section Part A: Who we are and What do we do? below.

This Privacy Policy does not apply to companies that Factual does not own or control, including Factual’s Customers. For example, as part of our Services, Factual may provide Device Data and information derived from Device Data to our Customers. Factual may also provide the Device Data to third-party platforms for resale. To learn more about how Factual’s Customers collect, use and disclose information about Consumers, please refer to the relevant Customer’s privacy policy.

4. How this Policy is Structured?

Part A This explains who we are and what Factual does;
Part B This explains the Consumer data we process, including what we use it for and who we share it with;
Part C This explains the User data we process, including what we use it for and who we share it with;
Part D This covers more general information about Factual’s processing activities, including details of international transfers, and information on your rights.

 

5. Part A: Who we are and what do we do?

Factual is a location data services company. Our business is based on providing location data based services to our Customers related to two major categories of data:

  1. Points of interest data; and
  2. Device Data.

What is point-of-interest data?

Point-of-interest data means detailed data related to businesses and other points of interest e.g. restaurants, stores, hotels, doctors’ offices, airports, monuments, and includes information such as location coordinates (such as showing the location coordinates of a local grocery store).

What is Device Data?

Device Data” means observations received from or associated with specific Consumer or User devices (such as smartphone, tablet etc.) and their precise location coordinates over time from which Factual derives inferences.

Factual’s Services help our Customers learn more about Consumers based on Device Data. For example, the Services help our Customers: (a) provide more relevant content or advertising to Consumers over time and across multiple devices; (b) identify other Consumers that may be interested in our Customers products and services; (c) measure the performance of Customer’s content, services, and advertising (for instance what effect certain ads have in comparison to others), or trends and preferences among Consumers (for instance, what types of Consumers generally tend to shop at certain stores); (d) learn how Customer’s apps may perform better; or (e) generally improve their services.

(1) Factual provides accurate datasets of real-world places such as businesses, landmarks, and other points-of-interest to its Customers. This is used by Customers whose services rely on accurate location data.
(2) Factual draws observations about Consumers from the Device Data (including location data). Factual’s Customers can use these observations to improve their ad campaigns. For example, if geolocation information acquired from Device Data shows that a Consumer regularly frequents golf courses, then that particular Consumer may be more interested in receiving golf-related advertising.
(3) Factual help Customers to measure whether an online advertising campaign was effective offline. For example, a Car dealership who is running an ad campaign to promote its clearance sale, can use Factual’s location data to determine what percentage of individuals who saw an ad for the clearance sale online visited a dealership in practice.
(4) Factual’s Services help its Customers advertise to Consumers online in real time, based on the Consumer’s current presence at a specific location. For example, a Coffee Shop Chain can use Factual’s services to send a coupon for a free latte to its customers who are within close proximity of one of its stores.

 

6. Part B: Consumer Data

1. What Consumer information does Factual receive?

Factual works closely with Partners who provide data which Factual uses to power our Services. Factual’s Partners may publish (or provide services to third-party app developers who publish) apps for use by Consumers. Some of those Partners use Factual’s SDK technology within their apps to collect data for sharing with Factual. Partners may also display ads for viewing by Consumers and record whether or not the ad was displayed for an individual Consumer.

Factual may receive Device Data that varies depending on the information and consent(s) provided by a Consumer to a Partner. Additionally, some Customers may provide Factual with other information (such as street addresses and related personal information) for use in the curation of Device Data.

2. How does Factual use Device Data for its Services?

Factual generally uses the Device Data it collects or receives for the following purposes:

(i) to operate, maintain, enhance, and provide the Services (described in Section A);

(ii) to improve and market the Services; and

(iii) to create new features and functionality.

Categories of Device Data How Device Data is Used Lawful Basis
Demographic and Interest Based Information:

This is information which may include imputed or actual data about a Consumer such as age, gender, or birth year; inferred or actual characteristics or interests such as ‘coffee drinker’ or ‘frequent shopper’ which can be based on a device’s location over time; and, any other information that the Consumer provides to the relevant Partner.

This data is used to power our Services, in particular, to help our Customers target advertising based on traits such as ‘golfer’ or ‘coffee drinker’. Legitimate Interest.
Device Information:

Geolocation data, mobile advertising identifier, device type (e.g., tablet, smartphone, television), operating system (e.g. iOS, Android), app name or identifier, IP address, network provider, mobile carrier, mobile browser (e.g. Firefox, Chrome), timestamp, time zone, or other device-identifying information, including cross-device information.  When we refer to geolocation data, this means precise geolocation data from or about a Consumer’s device expressed by latitude-longitude coordinates. Geolocation data can be obtained in various ways including being derived from GPS tools, WiFi data, cell tower triangulation or other techniques, and linked to a mobile advertising identifier.

This data is used to power our Services, in particular, to help our Customers personalize services, target advertising, or measure the effectiveness of various advertising campaigns. It also helps both Factual and our Customers understand more about which devices Consumers have and how they use them. Consent.

Factual requires its Partners to provide transparent disclosures and collect consent (where required) from the Consumer as necessary to enable Factual’s use of this data.

Information about a Consumer’s activities:

This is information about Consumer activities that help Factual determine how a Consumer has responded to advertising or content, such as determining whether a Consumer who viewed a particular advertisement ultimately visited the advertiser’s retail store.

This data helps our Customers measure the effectiveness of advertising and marketing campaigns. Consent.

3. How long does Factual retain Device Data?

For data collected in the EEA or Switzerland:

When we process Device Data for interest-based advertising, ad delivery, and reporting purposes, we keep the data for up to 6 months after Factual’s receipt of that data.

Factual may retain Device Data beyond these time periods if required by law.

For data collected anywhere else in the world:

Factual may retain the Device Data: (a) as needed for interest-based advertising, ad delivery, and reporting purposes for up to 24 months after Factual’s last observation of the mobile advertising identifier; and, (b) for other business purposes (including technical developments, legal, accounting, auditing, or bug-detection and prevention) for such period as Factual considers reasonably necessary.

Factual may retain Device Data beyond these time periods if required by law.

4. Does Factual share Consumer information?

Factual will share or disclose Device Data in the following circumstances:

Categories of Recipients Purpose of Sharing
Customers. Factual will disclose Device Data in order to provide its Services to Customers.
Government, law enforcement, or regulatory body. Factual will disclose Device Data if it believes that such action is necessary to comply with applicable laws or regulatory investigations, or to respond to a court order, judicial or other government subpoena, warrant, or law enforcement request.
Factual’s service providers. Factual will store Device Data with system administration and storage service providers that help it operate the Services but those service providers do not generally have access to underlying the Device Data itself.
Factual’s affiliates and joint venture partners. Factual will share Device Data with its affiliates and joint venture partners in order to operate or enhance Factual’s business.
Acquiror or merger entity. In the event that Factual is acquired by or merged with a third-party entity or is potentially going to be acquired by or merged with a third-party entity, in any partial or total sale of assets including in the event of bankruptcy, or in any other corporate change, Factual will transfer or assign the Device Data as part of that actual or potential merger, acquisition, sale, or other change of control (or in connection with related due diligence).
Other. Factual will disclose Device Data if it believes it will help to protect Factual, its Customers, or any other person or third party, or to enforce any legal rights.

 

7. Part C: User Data

1. What User information does Factual collect?

Factual collects User information when Users visit our Site(s) or use Factual’s apps, and the information collected varies depending on the information relevant consent(s) provided by the User to Factual.  

2. Data Collected from Factual Sites and Factual Apps

Factual may place one or more Cookies on a User’s computer if a User visits our Site. Factual’s Cookies may collect information to facilitate access to our Site and to personalize a User’s online experience.  Factual will ask for the User’s consent before placing any Cookies that are not necessary for the operation of the Site; please see Factual’s Cookie Policy for more details.

In order to use some features of this Site or to create and use a Factual account (“Factual User Account“), Factual may collect some information from Users.  Factual User Accounts provide registered Users with self-service access to some of our Services.

Factual’s apps are not available to the public and are designed for limited use by friends of Factual or prospective Customers only.

User information collected from the (1) Site(s) or Factual User Accounts and (2) Factual Apps may (but does not necessarily) include that listed below:

Categories of Data How Device Data is Used Lawful Basis
Information Collected from Sites or Factual User Accounts
Contact Information.* If a User registers for a Factual User Account, Factual collects contact information including name and email address for account maintenance purposes.

If a User contacts Factual via the Site’s contact page, Factual collects contact information including name and email address so that we may respond to the User’s inquiry.

Factual may use email addresses for marketing (if the User has opted-in to receive marketing), notifying Users of major Site and Services updates, customer service communications, copyright infringement- or defamation-related communications, or to contact Users regarding any content that they have submitted to or downloaded from the Site or Services.

Legitimate Interest.

In addition, consent is obtained for email  marketing where required by applicable law.

Billing Information.* If a User utilizes our Services via a Factual User Account, Factual also collects billing information as needed to collect payment from the User. To fulfil a contract with the User.  
Survey Information. From time to time, Factual may request or collect other information such as name and email address as needed to conduct surveys, offer sweepstakes, update our data, or make other opportunities available.  Users may choose to provide this information to Factual voluntarily, or Users may choose not to participate. Legitimate Interest.
Site Support. Factual’s Site may offer a publicly accessible blog and/or a support forum. Any information provided in any such areas may be read, collected, and used by others including the general public. Legitimate Interest.
Analytics Information. Factual’s server logs automatically collect User information such as Users’ IP addresses, pages on the Site accessed by Users, browser type and language, and the date and time of visits, which helps Factual track use of the Site and understand trends.

Factual also works with third-party service providers, such as Google Analytics, which collect information about which site the User came from and Users’ use of the Site and our Services. Data collected via Google Analytics may be connected to other data that Factual has about its Users. These third-party service providers may use tools such as Cookies to provide their services. These technologies may be used to assist Factual in offering the Site, such as managing the content on the Site and understanding how Users interact with the Site.  To learn more about how Google Analytics collects and processes data and the choices Users may have to control these activities, please visit http://www.google.com/intl/en/policies/privacy/partners. To learn more about Factual’s use of cookies, please visit Factual’s Cookie Policy for more details.

Legitimate Interest.

In addition, consent is obtained for the placing of cookies and similar technologies.

Information Collected from Factual Apps
Contact Information*. If a User opts to provide contact information, Factual stores the information to identify the user of the Factual App. Legitimate Interest.
Geolocation Data This data is used to validate and improve our Services. Consent.
Device Information This helps us understand more about which devices Users have and how they use them. Consent.

*To review or update your contact or billing information maintained by Factual, you can contact us via our contact form.  

3. How long does Factual retain User information?

Factual may retain the User information as follows:

Category of Data Retention Period
1. Contact data for non-marketing relationship management purposes with Users who are not also Customers. For data collected in the EEA or Switzerland:

Up to 90 days.

For data collected anywhere else in the world:

Up to 18 months.

2. Contact data for marketing purposes. Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests).
3. Contact and billing information for other business purposes (such as legal, accounting or auditing) of Users who are Customers. Up to 7 years after the termination of the business relationship with Factual.
4. Analytics information. Up to 26 months after User’s visit is logged for analytic purposes as described in the section.

After this, Factual will delete the User information. However, Factual may retain User information beyond these time periods if required by law.

4. Does Factual share User information?

Factual may disclose User information collected on the Site(s) and Factual Apps in limited circumstances as described below:

Categories of Recipients Purpose of Sharing
Government, law enforcement, or regulatory body. Factual will disclose personal information if it believes that such action is necessary to comply with applicable laws or regulatory investigations, or to respond to a court order, judicial or other government subpoena, warrant or law enforcement request
Factual’s service providers. Factual will share personal information with its service providers as necessary to operate Factual’s business including service providers for: marketing automation, statistics, conversion tracking, issue tracking, analytics, web hosting, cookie consent management, and records management.
Factual’s affiliates and joint venture partners. Factual will share personal information with its affiliates and joint venture partners as necessary to operate Factual’s business.
Acquiror or merger entity. In the event that Factual is acquired by or merged with a third-party entity or is potentially going to be acquired by or merged with a third-party entity, in any partial or total sale of assets including in the event of bankruptcy, or in any other corporate change, Factual will transfer or assign the personal information as part of that actual or potential merger, acquisition, sale, or other change of control (including during due diligence of any such transaction).
Other. Factual will disclose personal information: (a) with your consent; or (b) if it believes it will help to protect Factual, its Customers, or any other person or third party, or to enforce any legal rights.

 

8. Part D: General Information (including your rights)

1. Children’s privacy

Factual does not knowingly collect personal information from children or from online services directed to children. Users should not create Factual accounts unless they are legally old enough to form a binding contract and in any case are 16 years of age or older (or the applicable age of majority in your jurisdiction). In the unlikely event that you are the parent or legal guardian of a child under 16 (or the applicable age of majority in your jurisdiction) who has registered with the Site or Services, please contact Factual to have your child’s personal information deleted.

2. International Transfer

Factual complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from EEA member countries and Switzerland. Factual has certified that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Factual is accountable for information that it receives under the Privacy Shield and subsequently transfers to a third party. In particular, Factual is responsible under the Privacy Shield Principles if third-party controllers to whom it transfers information or third-party processors it engages to process this information on its behalf do so in a manner inconsistent with the Principles.

Factual commits to resolve complaints about our collection or use of your personal data. Residents of the EEA or Switzerland with inquiries or complaints regarding this Privacy Policy should first contact Factual at the email or address provided in the section on Factual contact information.

Factual has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles or the Swiss-U.S. Privacy Shield Principles to JAMS. If you do not receive timely acknowledgment from Factual of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. A binding arbitration option may also be made available to you in order to address complaints not resolved by any other means.

Factual is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

3. Your Rights

You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in both the GDPR and in local implementing legislation. We will inform you of relevant exemptions we rely upon when responding to any request you make.

To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us – or our data protection officer – using the details set out below.

Details of how to change your preferences are set out in the table below:

Processing Activity How to change your preferences?
1. Internet-based advertising in the web environment by Factual’s Customers Please refer to www.youronlinechoices.com   
2. Device based internet advertising, Please refer to www.youronlinechoices.com   
3. The collection and use of mobile app data across apps Please email:

MyData AT factual.com

4. Advertising by email from Factual Please follow the unsubscribe instructions within the email
5. Opting-out of information collected from the Sites For Users located in EEA or Switzerland:

You can change your cookie preferences and withdraw your consent at any time using our Cookie Consent Tool [insert link to Cookiebot] or your browser settings and preferences.Please see Factual’s Cookie Policy for more details.

For Users located anywhere else in the world:

You can change your cookie preferences at any time using your browser settings and preferences.

6. Opting-out of information collected from Factual Apps Please email:

MyData AT factual.com

If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.

4. Changes to this Policy

This Privacy Policy may be revised periodically without further notice and any changes will become effective as of the “Effective Date” indicated at the beginning of this Privacy Policy.  Please revisit this page regularly to remain up to date on any changes. Material changes, if any, will be summarized at the top.  Users located in the EEA or Switzerland who use Factual’s Services via the Site will be provided in-product notice of upcoming changes to the Privacy Policy.

5. Contact Us

Please contact Factual, Inc. with any questions or comments about this Privacy Policy or the Company’s practices at:

Address: Factual, Inc., P.O. Box 49348, Los Angeles, CA 90049, USA

Our contact in the EEA is Factual Limited, 14 Gray’s Inn Road London WC1X 8HN.

Email: Privacy AT factual.com

The Data Protection Officer for Factual can be contacted as follows:

Email: Dpo AT factual.com