Privacy Policy

Lytics Data Service

Last Updated September 8, 2017

Lytics, Inc. (“Lytics,” “we,” “us,” or “our”) is a marketing technology company. We have created this privacy policy (this “Privacy Policy”) to inform you how our proprietary data service (the “Service”) gathers, uses, and processes information on behalf of online marketers, website owners, leading brands, and other businesses that use our services (collectively, our “Clients”).

The Information We Collect

In the course of operating the Service and providing our services, collects the following types of information (collectively, the “Information”).

  1. Information From Your Activity. Information that we or our technology providers may automatically collect when you visit, access, and/or use our Clients ’ websites, mobile sites or mobile applications (the “Websites”), include your IP address; referring URL; time stamp; browser type and language; operating system; screen height; screen width; color depth; whether your computer is Java enabled; Internet connection type; whether or not your browser accepts cookies; pages viewed on the Websites; products viewed, content viewed, and purchases on Websites; products viewed or purchased on the Websites; and any other custom page data, as defined by our Clients.
  2. Inferred Information. Based on the Information we collect from your Website activity, search terms entered through your browser, and information gleaned from previous Lytics cookies, we may infer other information, such as zip code, country, state, time zone, weather and other information.
  3. From Cookies and JavaScript Tags. We collect Information using “cookie” technology and JavaScript tags. Cookies are small packets of data that a website stores on your computer ’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser ’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly. We use JavaScript tags to trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist) and to help us and our Clients tailor, analyze, manage, report, and optimize your experience.
  4. From API Services. We collect information from other marketing services and social networks via API. We may collect personal information about yourself, such as your name, company, title, address, e-mail address, and phone number from these different API services. We do not collect any personal information from you when you access and use the Website unless you provide such information voluntarily.
  5. Log File Information. We may collect log file information, which is automatically reported by your browser each time you access a Website. When you access a Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

How We Use and Share the Information

Lytics uses and shares the Information only as follows.

  • Personally Identifiable Information: Lytics will not rent or sell your personally identifiable information to others. We may store personal information in locations outside the direct control of Lytics (for instance, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make available publicly on Websites will be available to other Users. If you remove information that you have made public on Websites, copies may remain viewable in cached and archived pages, or if other Users have copied or saved that information.We will access, use, and share the Information as required to fulfill our contractual obligations to our Clients or subsequent requests for service and/or support by our Clients.
  • Our technical staff may require periodic access to Information to monitor system performance and network capacity, test and fix systems, and develop and implement upgrades to systems.
  • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand visitors to the Websites and other activities, the Service, and our products and services, we may analyze the Information in aggregate form in order to operate, maintain, manage, and improve the Service and/or our products and services and provide suggestions and/or benchmarking to customers.

As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.

Behavioral Targeting

We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by notifying us at [email protected]. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

The Lytics Privacy Policy does not apply to, and we cannot control the activities of, third-party ad servers and ad networks. Please contact or consult the respective privacy policies of such ad servers or ad networks for more information.

To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Lytics or others.

Accessing and Modifying Information and Communication Preferences

If you would like to opt-out of Lytics collection of Information about you using cookies or JavaScript tags, please follow the instructions found on our Clients’ Websites. We will use commercially reasonable efforts to process such requests in a timely manner.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet.

Privacy Shield Frameworks

Lytics complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Lytics has certified that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Lytics commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Lytics at: [email protected]

Lytics has further committed to refer unresolved privacy complaints under the Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

For complaints left unresolved by all other available channels, individuals may invoke binding arbitration before a Privacy Shield Panel.

Definitions

For purposes of this Policy, the following definitions shall apply:

“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Lytics or to which Lytics discloses personal information for use on Lytics’ behalf.

“Lytics” means Lytics, Inc. its predecessors, successors, subsidiaries, divisions and groups in the United States.

“Personal information” means any information or set of information that identifies or could be used by or on behalf of Lytics to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

“Sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, information about social security benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, Lytics will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

Privacy Principles

The privacy principles in this Policy have been developed based on the EU-U.S. Privacy Shield Framework and the Swiss-US Privacy Shield Framework.

Notice

Lytics is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Should an EU or Swiss individual be unable to resolve a complaint through the Council of Better Business Bureau's complaint process, they may contact the FTC at the following address:

Federal Trade Commission

Attn: Consumer Response Center

600 Pennsylvania Avenue NW

Washington, DC 20580

www.ftc.gov

Lytics may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Where Lytics collects personal information directly from individuals in the EU or Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of non–agent third parties to which Lytics discloses that information, the choices and means, if any, Lytics offers individuals for limiting the use and disclosure of personal information about them, and how to contact Lytics. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Lytics, or as soon as practicable thereafter, and in any event before Lytics uses or discloses the information for a purpose other than that for which it was originally collected.

Where Lytics receives personal information from its subsidiaries, affiliates or other entities, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

Choice

Lytics will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, Lytics will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Lytics will provide individuals with reasonable mechanisms to exercise their choices. Please contact [email protected] for more information.

Data Integrity

Lytics will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Lytics will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

Transfers To Agents

Lytics will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Privacy Principles, certification by an agent, or being subject to another European Commission or Swiss FDPIC adequacy finding (e.g., companies located in Canada). Where Lytics has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Lytics will take reasonable steps to prevent or stop the use or disclosure.

In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield Frameworks, Lytics is potentially liable.

Access and Correction

Lytics provides individuals the right to access personal information that it holds about them. In addition, Lytics will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query [email protected]. If requested to remove data, we will respond within a reasonable timeframe.

Security

Lytics will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Enforcement

Lytics will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Lytics determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Limitation on Application of Principles

Adherence by Lytics to these privacy principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

Contact Information

Questions or comments regarding this Policy should be submitted to the Lytics Privacy Office by mail to:

Lytics

1000 SW Broadway, Suite 1800
Portland, Oregon 97205

Or by e-mail to [email protected]

Changes to Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the Privacy Shield Frameworks.

Protecting the privacy of young children is important.

For that reason, Lytics does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to access or use the Service or to provide any personal information to Lytics. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected].

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Lytics in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Links to Other Web Sites

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.

Social Media Features

Our Web site includes Social Media features, such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing and/or using the Websites after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact Lytics via e-mail at [email protected] with “PRIVACY POLICY” in the subject line or at the contact information on our Contact Us page.