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FACTUAL PRIVACY POLICY

Effective Date: April 9, 2018

Factual values the privacy of its customers and consumers. Factual’s customers include clients of Factual’s Services (defined below), third parties (e.g., publishers) that provide data to Factual, as well as brands, advertising agencies, application developers, media and technology platforms, and others who visit any Factual website that links to this policy (“Site”) or otherwise use Factual’s Services (collectively “Customers”). “Consumers” include individuals who use Factual’s applications or who use applications from which Factual receives or collects data (such as applications that are owned and/or operated by Factual’s Customers).

Factual provides both location and point of interest data (i.e. data that matches places to location coordinates) to its Customers and offers a variety of services that use this data. Some of Factual’s services rely solely on point of interest data and other types of data that do not pertain to an individual or device, while other services involve the use of data collected from or associated with specific Consumer devices (“Device Data” as further defined below). This Privacy Policy relates only to (a) Factual’s services that involve the use of Device Data (“Services”) and (b) Factual’s collection and use of information obtained through Factual’s Site and applications as well as in connection with Factual client accounts.

This Privacy Policy does not apply to companies that Factual does not own or control, including Factual’s Customers. To learn more about how Factual’s Customers collect, use, and disclose information about consumers, please visit the Customers’ privacy policies.


Sections

  1. The Consumer Information Factual Collects for the Services
  2. How Factual Uses Device Data to Provide the Services
  3. How Factual Discloses Information through the Services
  4. Consumer Choices and How to Opt Out of Interest-Based Advertising
  5. Collection and Disclosure of Information from this Site and Factual Accounts
  6. Data Security
  7. Children’s Privacy
  8. International Visitors
  9. Changes and Updates to this Privacy Policy
  10. Additional Information
  11. Factual Contact Information

  12. The Consumer Information Factual Collects for the Services

    When Consumers use Factual applications or engage with our Customers (e.g., by using their mobile applications or viewing an ad provided by our Customers, or by using an app that has integrated our software development kit (“SDK”)), we may collect or receive Device Data that may (but does not necessarily) include the following:

    1. Consumers’ names if Consumers choose to provide this through the Factual applications;
    2. Precise geolocation data pertaining to Consumers’ devices, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques (collectively, “Device Geolocation Data”) and linked to a device identifier, such as the IDFA for iOS devices or Android ID for Android devices;
    3. Predicted or actual data about a Consumer such as age, gender, date of birth, street address; predicted or actual characteristics or interests; and any information that Consumers provide to Factual or to Factual’s Customers;
    4. Other information about a Consumer’s device, such as: device type (e.g., tablet, smartphone), operating system, IP address, network provider, mobile carrier, mobile browser type (e.g., Firefox, Chrome, Safari), other apps and SDKs installed on the device, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information;
    5. Information about the possible relationships among different devices; and/or
    6. Data about Consumer activities that helps Factual determine how a Consumer interacts with advertising or content, such as determining whether a Consumer who viewed a particular advertisement ultimately purchased the advertised product or service.

    The Device Data that Factual receives from its Customers or from Consumers may be combined with additional information Factual collects or receives from third-party sources. For example, Factual may have information about consumer products, events held at specific locations, street addresses, and categories of geographic locations or points of interest. While such information is associated with a specific device, it is treated as Device Data.

    Please see Section 5 below for a description of the information that Factual collects through its Site and in connection with Factual accounts.

  13. How Factual Uses Device Data to Provide the Services

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

    • to operate, maintain, enhance, and provide the Services described below; and
    • to improve and market the Services, and to create new features and functionality.

    Factual’s Services help application developers, publishers, advertisers, marketers, and other companies and organizations learn more about Consumers based on Device Data including Device Geolocation Data. For example, the Services help Customers:

    • provide more relevant content or advertising to Consumers over time and across multiple devices;
    • identify other Consumers that may be interested in their offerings;
    • measure the performance of Customers’ content, services, and advertising (for instance, what effect certain ads, as opposed to other ads, have), or trends or preferences among Consumers (for instance, what types of Consumers generally tend to shop at certain stores); or
    • learn about how Customers’ apps can perform better.

    Factual may also work with third parties, such as brands, advertising agencies, media platforms and publishers (such as app developers), and other advertising platforms to improve their own services. The above list is not exhaustive, but it is intended to provide illustrative examples of how Factual uses the Device Data it collects and receives.

    Factual provides Customers with standard segments based on health-related interests or information, to deliver interest-based advertisements and for other purposes; these segments are based on data that is not considered sensitive under the Network Advertising Initiative Codes of Conduct. For a complete list of such non-sensitive health segments, please click here.

    Factual may retain the Device Data:

    • as needed for interest-based advertising, ad delivery, and reporting purposes for up to approximately 24 months after Factual’s last observation of the device identifier;
    • for other business purposes (such as technical developments) for such period as Factual considers reasonably necessary.

    After this Factual will delete or de-identify the Device Data. However, Factual may retain Device Data beyond these time periods as required by law.

  14. How Factual Discloses Information Through the Services

    As part of the Services, Factual may provide Device Data and information derived from Device Data to Customers and other third parties. The use of Device Data by Factual’s Customers and other third parties is not covered by this Privacy Policy. Some of these Customers and other third parties may use cookies or web beacons (pixels) in order to send targeted ads to Consumers, engage with Consumers, or otherwise locate Consumers. For more information about cookies and web beacons (pixels), please review the relevant parts of Section 5.

    In addition:

    1. Factual may 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.
    2. Factual may also 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.
    3. 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 may transfer or assign the Device Data as part of that actual or potential merger, acquisition, sale, or other change of control.
    4. Factual may share Device Data with its affiliates and joint venture partners.
    5. Factual may share Device Data with service providers that help it operate the Services.

    Please see Section 5 below for a description of how Factual may disclose information collected from this Site and/or Factual accounts.

  15. Consumer Choices and How to Opt Out of Interest-Based Advertising

    1. Opting Out of Interest-Based Advertising Services by FactualFactual is a member of the Network Advertising Initiative (NAI) and adheres to the NAI Codes of Conduct as described on the NAI website. Factual also adheres to the Digital Advertising Alliance (DAA) Self-Regulatory Principles. For a description of the DAA Program, please visit the DAA website. As described above, Factual may use or transfer Device Data that it directly collects or that it receives from Factual’s Customers, who may use cookies or non-cookie technologies, to enable advertising that is more tailored to Consumers’ inferred interests, preferences, and locations. This practice is known as interest-based advertising. Factual may also collect, use or transfer Device Data collected from one device for interest-based advertising on other devices that may be linked to the device where data was collected. This is known as cross-device linking.Factual, and some of Factual’s Customers, provide the ability for Consumers to opt out of the collection and use of mobile app data across apps over time on a device, for interest-based advertising purposes, through the DAA’s AppChoices tool. To opt out of Factual’s collection, use, and transfer of such app usage data and of Device Geolocation Data, for interest-based advertising purposes, Consumers can download AppChoices onto the relevant mobile device and exercise choice through the app. When such choice is exercised on a device, Factual will also stop using and transferring Device Data from that device for interest-based advertising on other linked devices, and will stop using Device Data from other linked devices for interest-based advertising on the device from which choice was exercised. AppChoices is available at the links below:DAA AppChoices iOSDAA AppChoices AndroidDAA AppChoices AmazonPlease note that Consumers who use more than one mobile device should renew their opt-out choices on each device. Consumers who opt out from use of their Device Data as part of Factual’s Services may continue to receive interest-based advertising from other companies.Consumers who have downloaded Factual’s applications, but who no longer wish to provide information to Factual for interest-based advertising purposes, should opt out through AppChoices as described above.
    2. Opting Out of Interest-Based Advertising by Third Parties on the Factual SiteFactual may permit third parties to collect information on its Site and combine that information with other information collected on non-affiliated websites or applications over time. These third parties may use technologies, including cookies and web beacons, to collect information about Consumers’ or Customers’ use of the Site in order to analyze, report on, or customize content or advertising on the Factual Site or on other sites, or to help us operate and improve the Site. To find out more about interest-based advertising in the web environment, and how to opt-out of information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page. EEA and Swiss residents, please refer to www.youronlinechoices.com.
    3. Opting Out of Interest-Based Advertising on Websites by Factual CustomersFactual sometimes works with web-based Customers, such as to coordinate and integrate information across platforms. To find out more about interest-based advertising in the web environment, and how to opt-out of Web viewing information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page. EEA and Swiss residents please refer to www.youronlinechoices.com.

  16. Collection and Disclosure of Information from this Site and Factual Accounts

    1. Information Collected on the SiteFactual may collect information about Customers, Consumers, and others using other Factual services (collectively, “Users”) through its account tools and corporate websites, including any website on which this Privacy Policy appears (“Site”). In order to use some features of this Site or to have an account, Users may be asked to register or to provide certain contact information including name and email address. Factual may collect billing information as needed to collect payment. In addition, Factual may request or collect other information from time to time, such as to conduct surveys, offer sweepstakes, update its data, communicate with Users, and make other opportunities available that ask individuals to provide personal information such as their name and email address.For Users who provide Factual with an email address, Factual may use such email addresses for administrative communications such as marketing, notifying Users of major Site and Services updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact Users regarding any content that they have posted to or downloaded from the Site or Services. If you do not want to receive promotional emails, please follow the unsubscribe instructions within the email.To review or update your contact or billing information maintained by Factual, you can contact us via our contact form.Factual’s server logs also automatically collect User information such as Users’ IP addresses, pages Users access, browser type and language, and the date and time of visits, which helps Factual track use of the Site and understand trends.
    2. Cookies and Similar TechnologiesFor individuals of the EEA and Switzerland, please see Factual’s EEA Cookie Policy.Factual may place one or more cookies on a User’s computer if the User visits the Factual Site. Factual’s cookies may collect information to facilitate access to Factual’s website and to personalize the User’s online experience.Interest-Based Advertising: Factual may work with third-party service providers that use cookies and similar technologies for interest-based advertising purposes (including to show Users ads about Factual Services on unrelated websites). Please see Section 4(b) above to learn about and exercise User choices regarding interest-based advertising by third parties through the Site.Analytics: Factual also works with third-party service providers, such as Google Analytics, which collect information about Users’ use of the Site and Factual Services (and other unrelated sites over time). Data collected via Google Analytics can be connected to other data that Factual has about its Users. These third-party service providers may use tools such as cookies, web beacons, and similar technologies 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. Factual does not control the third-party technologies employed on its Site for this purpose. 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.
    3. How Factual Discloses Information from the SiteFactual may disclose personal information collected on this Site or through other account tools (including contact or billing information):
      • with consent;
      • to affiliated companies or joint venture partners;
      • to other businesses or persons that help Factual operate or improve Factual’s business;
      • if Factual 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;
      • if Factual believes that disclosure will help protect Factual, its Users, or any other person or third party, or to help enforce any legal rights;
      • 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 may transfer or assign the information as part of that actual or potential merger, acquisition, sale, or other change of control.
    4. Disabling CookiesMost web browsers are set up to accept cookies. Users may be able to set their browsers to warn them before accepting certain cookies or to refuse certain cookies. However, if a User disables the use of cookies, some features of the Site, the Services and/or Factual’s Customers’ websites or services may be difficult to use or inoperable.

  17. Data Security

    Factual uses reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Users’ personal information.

  18. Children’s Privacy

    Factual does not knowingly collect personal information from children under 13 years old or from websites or online services directed to children under 13 years old. Users should not create Factual accounts unless they are legally old enough to form a binding contract and in any case are 13 years of age or older. In the unlikely event that you are the parent or legal guardian of a child under 13 who has registered with the Site or Services, please contact Factual to have your child’s personal information deleted.

  19. International Visitors

    For Users visiting the Site or Consumers whose data is collected through the Services from non-U.S. territories, please note that any data entered into the Site or that is collected through the Services will be transferred outside such non-U.S. territory for use by Factual and its affiliates for any of the purposes described herein. In addition, because Factual operates globally, it may make information it gathers available to worldwide business units and affiliates. By providing and/or using any data on the Site or through Factual’s Services, individuals hereby expressly consent to such transfers of data to the United States or other countries.

    More Information for Individuals from the European Economic Area (“EEA”) and Switzerland

    EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

    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/.

    Residents of the EEA and Switzerland have the right to access the personal data that Factual maintains about you, and you may be able to correct or amend that information if it is inaccurate or has been processed in violation of the Privacy Shield Principles, to the extent allowed by law. To exercise this right, please email privacy@factual.com. For information on opting out of interest-based advertising enabled by Factual, please see Section 4(a) above.

    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 agents 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:

    privacy@factual.com

    Factual Inc.

    P.O. Box 49348

    Los Angeles, CA 90049

    USA

    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.

    What is the legal basis on which Factual relies to process personal data?

    On most occasions, Factual may process personal data with the individual’s consent (e.g. when a User agrees that Factual may place cookies, or process information that the User inputs into the Factual website for specified purposes; when a Consumer agrees that a Customer may collect Consumer’s location for Factual to process for specified purposes; etc).

    On other occasions, Factual may process personal data when Factual needs to do this to fulfil a contract (for example, for billing purposes) or where Factual is required to do this by law.

    If necessary, Factual may also process a User’s data when it is in Factual’s legitimate interests to do this and when these interests are not overridden by the individual’s data protection rights.

    Who is responsible for the data?

    For the majority of the services it offers, Factual, Inc. is a data controller, and works closely with its partners who serve as co-controllers of the data.

    If you have any questions or comments please contact Factual at the contact details set out at Section 11 below.

    Your rights

    You may ask Factual for a copy of your information, to correct it, erase it, and to transfer it to other organisations at your request. You also have rights to object to some processing and, where Factual has asked for your consent to process your data, to withdraw this consent. Factual will only send marketing to you, if you have indicated that you are happy to receive marketing information from us. In addition, you have rights to object to direct marketing at any time. Where Factual processes your data because Factual has a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations – for example, where Factual can demonstrate that it has a legal requirement to process your data.

    Factual hopes to satisfy queries you may have about the way Factual processes your data. For details on how to opt-out of Factual’s interest-based advertising services, please see Section 4(a) above.

    However, if you have unresolved concerns you may also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.

  20. Changes and Updates to this Privacy Policy

    This Privacy Policy may be revised periodically without further notice. To stay aware of any changes, please revisit this page regularly.

  21. Additional Information

    Factual’s Site may include links to other websites, apps, and services whose privacy practices may differ from Factual’s practices. Information collected from by those companies is governed by their privacy policies or statements.

    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.

    Factual’s Site may include social media features. These features may collect information such as IP address or pages(s) visited on Factual’s Site, and may set a cookie to enable the feature to function properly. Such features may also collect or share other information as permitted by their privacy policies and a User’s settings with the third-party social media company. Social media features are either hosted by a third party or hosted directly on the Site. Interactions with these features are governed by the privacy policy of the company providing it.

  22. Factual Contact Information

    Please contact Factual, Inc. with any questions or comments about this Privacy Policy or the company’s practices at: Factual Inc., P.O. Box 49348, Los Angeles, CA 90049, by email at privacy@factual.com.
1999 Ave of the Stars, Los Angeles, CA 90067