Adswerve, Inc. (together with our affiliates and subsidiaries, “Adswerve,” “we,” “us,” or “our”) is committed to the fair and transparent processing of the personal information of our customers, consumers and website visitors. We also work hard to protect the personal information we collect and to ensure that you have the greatest possible control over your personal information.

This “Privacy Policy” explains the types of personal information that we collect, how we use and share the information provided, and how you can manage the privacy of your personal information. It applies to the information we collect from users of our Adswerve Connect platform, our website located at www.adswerve.com, and any other websites or digital properties that link to this Privacy Policy (collectively, the “Site”), our software applications, our marketing communications and social media pages, and our related products and services (we refer to all these things in this Privacy Policy as the “Services“).

If you have additional questions about privacy or information security, please contact us at privacy@adswerve.com.

PERSONAL INFORMATION WE COLLECT

INFORMATION YOU PROVIDE
We may collect the following personal information that you provide through our Services or otherwise:

  • Contact data, such as name, email address, mailing address, phone number, professional title, and organization affiliation;
  • Transaction data, such as payment information, order history, and information associated with your transactions with us;
  • Account data, such as username, account number, password, and other registration data;
  • Preference data, such as your marketing preferences;
  • Communications, including information associated with your inquiries to us and any feedback you provide when you communicate with us;
  • Inferences relating to your use of the Services; and
  • Other information that you choose to provide but is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

AUTOMATIC COLLECTION

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on the Services and other online sites and services, such as:

  • Online activity data, such as the website you visited before browsing to the Site, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and basic data passed during text message transmission (including, but not limited to, data about the message content, photos, and files that you send or receive, and the message count/volume).
  • Device data, such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city, state or geographic area.

COOKIES AND SIMILAR TECHNOLOGIES

Like many online services, we use cookies and similar technologies to facilitate some of our automatic data collection, including:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Pixel tags, also known as web beacons or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of our marketing campaigns.  We may use pixel tags to collect information about your interactions with our email messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read emails.

For more information about our use of these technologies, see our Cookie Policy.

THIRD PARTY SOURCES 

We may receive personal information about you from other sources, such as our customers; companies that help provide our Services; data providers; business partners, such as joint marketing partners; and publicly-available sources, such as social media platforms.  We may combine such personal information with information we have already collected about you.

REFERRALS 

Users of the Services may have the opportunity to refer colleagues or other contacts to us and share their contact information.  Please do not provide us with someone’s contact information unless you have their permission to do so.

SENSITIVE PERSONAL INFORMATION

Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us.

HOW WE USE PERSONAL INFORMATION

We use your personal information for the following purposes and as otherwise described either in this Privacy Policy or at the time of collection.

TO DELIVER THE SERVICES

We may use your personal information:

  • To provide, operate, and improve the Services and our business;
  • To create and maintain your account;
  • To process and fulfill your orders and subscriptions, including to send you emails to confirm your order status, and to provide other related communications;
  • To respond to your inquiries or support tickets;
  • To provide products and services you request;
  • To operate, personalize, and improve the Services, including for analytics purposes;
  • To enable security features of the Services, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in; and
  • For our other business purposes, such as payment processing and operational purposes.

RESEARCH AND DEVELOPMENT

We may use your information for research and development purposes, including to improve the Services, understand and analyze the usage trends and preferences of our users, and develop new features, functionality, and services.  As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

MARKETING AND ADVERTISING

We, our business partners and our third party advertising partners, may collect and use your personal information for direct marketing and interest-based advertising purposes.

  • Direct Marketing. We may send you Adswerve-related or other direct marketing communications as permitted by law.  You may opt-out of our marketing communications as described in the “Your Choices” section below.
  • Interest-Based Advertising. We also contract with third-party advertising companies and social media companies to display ads on our Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time across our Services and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. You can learn more about your choices for limiting interest-based advertising in the “Your Choices” section below.

TO COMPLY WITH LAWS AND REGULATIONS

We use your personal data as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

FOR COMPLIANCE, FRAUD PREVENTION, SAFETY

We may use your personal data and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Services, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Services; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

WITH YOUR CONSENT

In some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

HOW WE SHARE PERSONAL INFORMATION

We may share personal information with the following parties and as otherwise described in this Privacy Policy:

  • Related Companies. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.
  • Service Providers. Our vendors, consultants, agents, contractors, and other service providers that we use to help us operate the Services or support our business (such as Google LLC and other business partners, customer service providers, email service providers, IT, hosting, data management, marketing, and analytics providers).
  • Our Customers. The organization you work for or that otherwise oversees your account on the Services.
  • Business Transferees. Relevant participants in business transactions (or potential transactions) involving a corporate sale, merger, acquisition, reorganization, consolidation, or other transfer or disposition of all or part of our assets (including in connection with a bankruptcy or similar proceedings).
  • Authorities, Law Enforcement and Others. Law enforcement, government authorities, and privacy parties, as we believe necessary for the compliance and protection purposes described above, such as 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 us, our users, or third parties.
  • Professional Advisors. Professional advisors, such as lawyers, auditors and insurers, where necessary in the course of the professional services that they render to us.
  • Advertising Partners.  Third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services (including, through interest-based advertising), and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.

YOUR CHOICES

You can make the following choices with respect to your personal information:

  • Opt Out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@adswerve.com. You may continue to receive service-related and other non-marketing emails.
  • Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Services and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
  • Advertising Choices. You can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device.  You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the European Interactive Digital Advertising Alliance (for European users – http://www.youronlinechoices.eu/), and the Digital Advertising Alliance (optout.aboutads.info).  See our Cookie Policy for more information. The opt-out preferences described above must be set on each device and/or browser for which you want them to apply.  Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.  If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
  • Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
  • Declining to Provide Your Information.  We need to collect personal information to provide certain services.  If you do not provide the information requested, we may not be able to provide those services.

SECURITY

Adswerve is committed to protecting the security of the information we collect. Please note, no method of storage or transmission of data can be guaranteed or is fully secure.  While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.  You are responsible for maintaining the security of your username and password or other forms of authentication, limiting access to your devices and signing out of the Site after your sessions.

INTERNATIONAL DATA TRANSFER

Adswerve is headquartered in the United States and has service providers in other countries, and your personal information may be collected, used and stored in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.  By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

CHILDREN

The Services are not directed at, and Adswerve does not knowingly collect personal information from individuals under the age of 18. If we learn that we have collected personal information from a child under 18 without the consent of the child’s parent or guardian as required by law, we will delete it.

OTHER SITES AND SERVICES

The Services may contain links to other websites and online services operated by third parties.  These links are not an endorsement of, or representation that we are affiliated with, any third party.  In addition, our content may be included on web pages or online services that are not associated with us.  We do not control third party websites or online services, and we are not responsible for their actions.  Other websites and services follow different rules regarding the collection, use and sharing of your personal information.  We encourage you to read the privacy policies of the other websites and online services you use.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, we will notify you by email or another manner through the Services that we believe is reasonably likely to reach you.

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes in the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any updated Privacy Policy indicates your acceptance of the update.

CONTACT US

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can always reach us online at privacy@adswerve.com. You can also reach us via mail or by phone at:

Adswerve, Inc.

Attn: Legal Department
999 18th Street, Suite 2301N
Denver, CO 80202

NOTICE TO CALIFORNIA RESIDENTS

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Your California privacy rights.  You have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • Access. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with whom we share Personal Information.
    • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
    • Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
    • A copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Opt-Out of Sales. If we “sell” your Personal Information as described below, you can opt out.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

You may submit a request to exercise your California privacy rights described above as follows:

  • Right to access or deletion. You may exercise your right to access or deletion by emailing us or writing to us using the contact information listed above in the “Contact Us” section.
  • Right to opt-out of the “sale” of Personal Information. Under California law, some of the data that we share with our advertising partners may qualify as a “sale” as defined under the CCPA. To exercise your right to opt-out, please email us at privacy@adswerve.com.

We will need to verify your identity to process your access and deletion requests and we reserve the right to confirm your California residency. Government identification may be required. If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities and your agent must provide valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. In certain cases, we may be required or permitted by law to deny your request.

Personal information we collect, use and disclose.  The chart below describes the categories of Personal Information we have collected in the preceding 12 months (as described in the section above titled “Personal Information We Collect”) by reference to the categories specified by the CCPA (California Civil Code § 1798.140(o)).  We may share any of the following Personal Information with service providers and third parties for business purposes, such as operational purposes and other purposes related to providing you with the products and services you seek from us.  We provide information about the specific business purposes for which we disclose Personal Information in the “How We Use Personal Information” section above.  We provide information about the categories of third parties to whom we disclose Personal Information in the “How We Share Personal Information” section above.

CCPA Personal Information Categories Examples
Individual Identifiers & Demographic Information Contact data; device data
Commercial Information Transaction data; preference data; communications; online activity data
Financial Information Transaction data
Internet or Network Activity Device data; online activity data
Professional or Employment Information Contact data; transaction data; account data
Sensory Data Communications (such as call recordings from our customer service line)
Inferences Drawn from Personal Information Inferences

Adswerve must also disclose whether we disclose Personal Information for a “business purpose” or for “valuable consideration” as those terms are defined under the CCPA. The CCPA also calls this latter category a “sale.” Like many companies online, Adswerve uses services provided by Google and other partners that track website visitor activity to help deliver interest-based ads to those visitors. Our use of some of these services may be classified under California law as a “sale” of your Personal Information to the companies that provide the services because they collect Internet or Network Activity information from our users (e.g., device data and online activity data) to help them serve ads more likely to interest you. Please see the “Your Choices” section, above, for more information regarding interest-based advertising.

NOTICE TO EUROPEAN USERS

The information provided in this section applies only to individuals in the European Economic Area and the United Kingdom (collectively, “Europe”).

Personal Information.  Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller.  The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Adswerve, Inc., 999 18th Street, Suite 2301N, Denver, CO 80202.

Legal Bases for Processing.  The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it.  However, the legal bases we typically rely on are set out in the table below.  We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@adswerve.com.

Processing Purpose Legal Basis
To Deliver the Services Processing is necessary to perform the contract governing our operation of the Site or the provision of the Services, or to take steps that you request prior to engaging our services.  Where we cannot process your personal data as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request.
Research and Development

For Compliance, Fraud Prevention and Safety

Processing is based on our legitimate interests as described in this Privacy Policy.
Marketing and Advertising Processing is based on your consent where that consent is required by applicable law.

Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business and showing you tailored relevant content.

To Comply with Laws and Regulations Processing is necessary to comply with our legal obligations.
With Your Consent Processing is based on your consent.  Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services.

Use for New Purposes.  We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention.  We will retain your personal data for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your Rights.  European data protection laws give you certain rights regarding your personal information.  You may ask us to take the following actions in relation to your personal information that we hold:

  • Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct.  Update or correct inaccuracies in your personal information.
  • Delete.  Delete your personal information.
  • Transfer.  Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict.  Restrict the processing of your personal information.
  • Object.  Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by contacting us at privacy@adswerve.com or at the mailing address listed above.  We may request specific information from you to help us confirm your identity and process your request.  Applicable law may require or permit us to decline your request.  If we decline your request, we will tell you why, subject to legal restrictions.  If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.  You can find your data protection regulator here.

Cross-Border Data Transfer.  If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.  Please contact us at privacy@adswerve.com for further information about any such transfers or the specific safeguards applied.

Last Updated: January 20, 2021