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Fractional Media, Inc. Privacy Notice to Users in the European Economic Area

Effective Date: May 25, 2018

Fractional Media, Inc. (“Fractional Media,” “we,” “us,” or “our”) provides web and mobile marketing and monetization services (collectively, the "Services"). This privacy policy (“Privacy Policy”) describes how we collect, use, and share information through: (i) our Services, and (ii) our corporate website at www.fractionalmedia.com (the "Site") and applies to individuals in the European Economic Area who use the Site or whose personal data is otherwise provided to or collected by us in connection with the Services.

We are a company established in the United States with a registered office at 530 Lytton Avenue, 2nd floor, Palo Alto, California 94301, United States, and for the purpose of the General Data Protection Regulation (the “GDPR”), we are the data controller. Our data protection officer can be contacted at dataprotectionofficer@fractionalmedia.com.

Section 1: Our Corporate Website

This section of the Privacy Policy describes how we may collect, use, and share information collected on our Site. If you do not agree to the terms of this Privacy Policy, please do not use the Site.

The Information We Collect

When visiting our Site, you may voluntarily provide information about yourself including your name, e-mail address, and telephone number. We may also collect information regarding your account, such as your account name and password, as well as information about your organization, such as your publisher name, company name, and website.

We may also gather information that does not personally identify you including, but not limited to, browser type, pages visited and other activities on the Site, device type, and time and date of your visit. We may also receive information about your current location if permitted by your browser settings. We (or third parties) may use cookies or similar technology to collect such information for advertising and other purposes. See the Digital Advertising & Analytics section of this Privacy Policy to learn more about the use of this information and the choices available to you.

How We Use the Personal Information We Collect

We use your Personal Information to provide the services to you and for our legitimate interest in administering the Site and creating targeted advertisements. In particular, we may use the information for the following:

  • To respond to your inquires and requests;
  • To provide you with the Services you request;
  • For internal purposes, such as recordkeeping;
  • To operate and improve the Site; and/or
  • To comply with law and to maintain the security of the Site.

Our lawful processing grounds are consent, contractual and legal necessity and our legitimate interests or those of a third party. In litigation or for other legal purposes involving us or a third party, we may also need to transfer your personal information to countries with a lower standard of data protection laws than is applicable in your country of residence.

Information Sharing

If we have collected information that identifies you individually, we may share this personal information with other parties, on the same lawful processing grounds described above, including:

  • Our affiliates;
  • Service providers or agents that perform services on our behalf, including vendors used for payment processing, hosting services, and customer service;
  • As part of a corporate sale, merger, acquisition, other business transaction, or other transfer of all or part of our assets including as part of a bankruptcy proceeding;
  • Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties; and
  • We may also share information about you for any other purposes disclosed to you at the time we collect your information or with your consent.

We may also share information that has been anonymised and aggregated without limitation.

Information Transfers

As FM is United States company, any information you provide to us, or that we collect through your use of the Site, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and other jurisdictions may have a lower standard of data protection laws than your own jurisdiction.

Your personal data is also processed by staff or service providers operating outside the EEA in the United States, who work for us.

Digital Advertising & Analytics

When you visit our Site or use our Services, we may work with third parties that collect information across non-affiliated websites and mobile applications over time to infer consumer interests to deliver relevant advertising, as well as to associate devices together. This type of advertising is known as interest-based advertising.

Fractional Media adheres to the Digital Advertising Alliance ("DAA") Self-Regulatory Principles. You can use your device settings, such as “Limit Ad Tracking,” to exercise choice regarding our collection and use of information for interest-based advertising from mobile applications on your device. You can also limit the collection of precise location information from your device through the settings available on your device. For more information on your choices, including to opt out of receiving interest-based ads from many third parties, please go to: http://optout.aboutads.info/#!... For more information about opting out on mobile devices, please go to: https://www.networkadvertising.org/mobile-choice.

In order to deliver interest-based advertising to you, we or our partners may use “cookies,” which are small pieces of information stored by your browser or other application on your computer or device. The cookies (or similar tracking technologies) are used to connect your computer or device with information stored about your online activity, searches, and preferences, both within the same site visit and from one visit to the next on our Site or other websites. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies, or how to disable them altogether. For more information about cookies, please go to: www.allaboutcookies.org/If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA tool. Note that exercising choice will not stop advertising from appearing online or in mobile applications, but it may make the ads you see less relevant to your interests. Data may still be collected from your browser or device for purposes other than interest-based advertising, such as analytics. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site or Services may not function as intended.

We may also work with third parties that collect data about your use of the Site and Services and other sites or applications over time for non-advertising purposes.

Retention of data

We store and retain your personal information for as long as you use the Site. Notwithstanding the foregoing, we may store and retain your personal information for a reasonable time after you stopped using the Site, for internal reporting and analytics and improving the Site and/or any product or services provided thereto. If you contact us we will add your information to our data base so we can communicate with you. You can request deletion of your information by following the process set out below. This right is subject to exemptions under applicable data privacy laws.

Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. Please also note that we will maintain copies of your information to the extent retained as part of our standard backup/archive process. In addition, these procedures will not remove any of your information that you have provided to other users or third parties, or that has been collected from you by third parties linked from the Site.

Section 2: Advertising Services

This section of our Privacy Policy describes how we collect, use, and share information through our Services.

The Information We Collect

Through our Services we collect various types of information, including personal data, from mobile devices through our software development kit that application developers may integrate into the mobile applications you use. This information may include:

  • Device identifier;
  • MAC Address;
  • IP Address;
  • Information about mobile application usage;
  • How you interact with applications you use and advertising you see;
  • Precise location information; and
  • Device type.

How We Use the Personal Information We Collect

We use your personal information to provide the services to you and on the basis of our legitimate interest in running and improving our adtechnology business, on the basis of your consent to inform the advertisements you see in mobile apps, as well as other uses such as:

  • Analytics and research;
  • Providing and improving the Services, including to personalize experiences and advertising in mobile applications and websites;
  • To prevent fraud and enforce our terms of service;
  • For our own marketing and advertising purposes; and
  • Reporting, attribution and frequency capping.

Our lawful processing grounds are consent, contractual and legal necessity and our legitimate interests or those of a third party. In litigation or for other legal purposes involving us or a third party, we may also need to transfer your personal information to countries with a lower standard of data protection laws than is applicable in your country of residence.


Information Sharing

We may share the information we collect through the Services with the following categories of third parties on the same lawful processing grounds described above for the following purposes:

  • Service providers that perform services on our behalf;
  • Service providers for analytics and research purposes;
  • To our clients to provide the Services to our clients, including customizing advertising and reporting on the performance of that advertising;
  • With our affiliates for the purposes set out above;
  • In response to a legal process, such as a subpoena or court order, or as otherwise required by law, or to protect our rights or the rights of a third party;
  • To investigate, prevent, or take action regarding alleged or actual illegal activities, violations of the applicable terms, or as otherwise required by law;
  • Any other purposes disclosed to you at the time we collect your information or with your consent; and
  • As part of a corporate sale, merger, acquisition, or other business transaction, including as part of a bankruptcy proceeding.

We may also share information with third parties that has been anonymised and aggregated.


Where do we store your personal data?

As FM is United States company, any information you provide to us, or that we collect through your use of the Site, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and jurisdictions other than the one in which you are located will not have the same data protection laws as your own jurisdiction.

Your personal data is also processed by staff or service providers operating outside the EEA in the United States, who work for us.

Where we receive your information from publishers, advertisers or other adtechnology partners, and they are located in the EEA, we enter the Commission’s model contracts for the transfer of personal data to third countries.


Your Choices

As part of our Services we collect information across non-affiliated mobile applications over time. We collect this information to make inferences about your interests in order to provide advertising relevant to you based on those interests. This practice is known as interest-based advertising.

You can use your device settings, such as “Limit Ad Tracking,” to exercise choice regarding our collection and use of information for interest-based advertising from websites and mobile applications on your device. You can also limit our collection of precise location data through your device settings. For more information on your choices, including to opt out of receiving interest-based ads from many third parties, please go to: http://optout.aboutads.info/#!... For more information about opting out on mobile devices, please go to: https://www.networkadvertising.org/mobile-choice.

Note that if you exercise choice regarding interest-based advertising you will still see advertising in websites and mobile apps, but those ads may be less relevant to your interests. Data may still be collected from your device for purposes other than interest-based advertising after you make your choices. If you use different devices, or reset your device identifier, you may need to make your choices again.


Retention of data

We may retain various types of information for longer periods pursuant to legal requirements under the applicable law. We will make efforts to ensure that personal information is kept for no longer than necessary for the purposes for which the personal information is processed. As long as we use your personal information to provide the Services, we will retain your personal information unless we are required by law to delete it, or if we accept your request to delete the information, pursuant to applicable laws, or if we decide to remove it. You can request deletion of your information by following the process set out below. This right is subject to exemptions under applicable data privacy laws.

Section 3: Other General Privacy Practices for the Services and Site

Data Security

We implement reasonable security measures to help protect the security of information we collect through the Site and Services. However, no information security program can be guaranteed to be 100% secure.


Links to Other Websites

This Privacy Policy applies solely to information collected by our Site and Services. The Site may provide links to other websites that we do not control. We encourage you to review the privacy policy of those websites you may visit.


Children

The Site and Services are not intended for or directed to children (aged 13 or such higher age as required by applicable law). We do not intend to process personal information of children. If you become aware that a child has provided us with personal information, please contact us promptly by emailing us at info@fractionalmedia.com.


Changes to Our Privacy Policy

If we decide to make changes to our Privacy Policy, we will notify you and other users by placing a notice on www.fractionalmedia.com or by sending you a notice to the e-mail address we have on file for you. You should periodically check www.fractionalmedia.com and this privacy page for updates.


Your Rights

You have certain rights in relation to the personal data we hold about you. Some of these only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights. Please submit any requests to exercise your rights in writing to info@fractionalmedia.com.

We may decline to process requests in certain circumstances, such as where requests are manifestly unfounded or excessive or requests that jeopardize the privacy of others.

  • Access: You can request to know whether we process personal data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with. This right is subject to exemptions under applicable data privacy laws.
  • Portability: In certain circumstances, you can request us to provide your personal data to a third party in a structured, commonly used and machine-readable format, although we will not provide you with certain personal data if to do so would interfere with another’s individual’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies (we can only do so where it is technically feasible; we are not responsible for the security of the personal data or its processing once received by the third party);
  • Correction: You can request us to correct any personal data held about you that is inaccurate and have incomplete data completed.
  • Erasure: You may request that we erase the personal data we hold about you in certain circumstances e.g. where you believe it is no longer necessary for us to hold the personal data or object to our processing.
  • If you no longer want us to make active use of your information, you may send an e-mail to info@fractionalmedia.com. Place "Delete My Account" in the subject line and include your first name, last name, and e-mail address in the body of the e-mail.
  • Restriction of Processing to Storage Only: You can request us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances.
  • Objection: You can request us to stop processing the personal data we hold about you in certain circumstances (and require us to delete it or continue to store it). Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process or retain such data or if we need to retain it in relation with any legal claims.
  • Withdrawal of Consent
    Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by emailing us at info@fractionalmedia.com.
  • Objection of Marketing
    At any time you have the right to object to our processing of data about you in order to send you promotions, special offers and marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.


Complaints

In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at privacy@fractionalmedia.com and we will endeavour to deal with your request. This is without prejudice to your right to launch a claim with the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.

Contact Us

If you have questions, comments, or concerns about this Privacy Policy or our practices concerning your information, please contact us at info@fractionalmedia.com.