of ViralGains, Inc.
Effective May 25, 2018 Prior versions
ViralGains’ Service allows Advertisers to place marketing videos and other video content (each, a “Video Advertisement”) on third-party Publisher websites and other online channels, including without limitation, Facebook, Twitter, YouTube, and via email, and allows viewers of Video Advertisements (each, a “Viewer”) to view, and sometimes to interact with and share, Video Advertisements. As used herein, an “Advertiser” means an individual or entity that initiates the placement of an Advertisement; a “Publisher” means an individual or entity that publishes or otherwise makes available (including to another who will publish) a Video Advertisement and includes, without limitation, an advertising network.
What information about me is collected through the Service?
What information is collected from Viewers?
Does ViralGains collect information from children under 13 years of age?
What does ViralGains do with the information it collects?
When does ViralGains disclose information to third parties?
Is the information collected through the Service secure?
Could my information be transferred to other countries?
What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?
Can I update or correct my personally identifiable information?
Whom do I contact if I have any privacy questions?
WHAT INFORMATION ABOUT ME IS COLLECTED THROUGH THE SERVICE?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information. Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, and billing and credit card information, if applicable.
Non-Personally Identifiable Information. Non-personally identifiable information is information that any single item of which, by itself, cannot be used to identify or contact you, such as demographic information (like, age, profession, gender, current location, income range, zip code, birth date, or year of birth), IP addresses, browser types, browser user agents, browser language, operating system, cookies, screen size, browser window size, device type, Internet provider, Video Advertisement viewed; amount of Video Advertisement viewed, the date/time that the viewing of Video Advertisement is completed; the date/time the player page loads, clicks on call to actions; clicks on share buttons; clicks on links provided by share buttons; clicks on play buttons; geographic location; topics of interest; domain names; and other statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it is combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).
We will collect personally identifiable information from you only if you (as our customer or prospective customer) voluntarily submit the information to us. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service and from third parties who may facilitate your use of the Service, such as YouTube, LLC.
Registering to Use the Service and in the Course of Using the Service. As a customer or prospective customer, you may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, email address, url, authentication information for third-party accounts such as YouTube accounts, birth date, meta and analytics data concerning your Video Advertisements, information about the advertising campaign an Advertiser wishes to run, and credit card and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us when you contact us (such as by reaching out to firstname.lastname@example.org or contacting ViralGains through various support or other channels). Also, we will have access to any personally identifiable information that you choose to share through the Service.
Cookies, Log Files and Action Tags. We collect non-personally identifiable information passively using cookies, log files and action tags from our customers of the Service, Viewers, and visitors to the Website.
In addition to cookies that we place on your computer or mobile device, cookies may also be placed on your computer or mobile device by third parties that we use in connection with displaying or serving advertisements or that we use to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements, third parties may place or recognize unique cookies on your browser.
You do not have to accept cookies to use the Service or to view a Video Advertisement. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain products, offerings, features, or resources of the Service may not work properly, or at all, and you may experience some loss of convenience.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags. By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our Service.
WHAT INFORMATION IS COLLECTED FROM VIEWERS?
In addition to the information described above, the information we may collect from or about Viewers of Video Advertisements (which may be viewed on Publisher and other websites and other online channels, including Facebook, Twitter, YouTube, and via email) includes, but is not limited to: IP addresses, browser types, browser user agents, browser language, operating system, cookies, screen size, browser window size, device type, Internet provider, Video Advertisement viewed; amount of Video Advertisement viewed, the date/time that the viewing of Video Advertisement is completed; the date/time the player page loads, clicks on call to actions; clicks on share buttons; clicks on links provided by share buttons; clicks on play buttons; derived geographic location; topics of interest; and demographic information (like, age, profession, gender, current location, income range,
zip code, birth date, or year of birth).
DOES VIRALGAINS COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.
WHAT DOES VIRALGAINS DO WITH THE INFORMATION IT COLLECTS?
In general, we use the information collected to provide the Service to you and process your transactions, to deliver targeted Video Advertisements, to determine whether to serve a Video Advertisement to a Viewer and to determine which Video Advertisement to serve; to help us understand who uses the Service, for internal operations such as operating and improving the Service, for analytics purposes, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, to report on the performance of a specific advertising campaign to an Advertiser, to report generally on the performance of ViralGains’ Service (and advertising campaigns conducted in connection therewith), and so that we and third parties can contact you about products and services that may be of interest to you.
We may use your information to send you a welcoming email that may confirm your user name and password. If you opt-in, we and third parties may send you electronic newsletters, contact you about the Service products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Service.
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
WHEN DOES VIRALGAINS DISCLOSE INFORMATION TO THIRD PARTIES?
Publishers. ViralGains may share with the respective Publisher(s) associated with an Advertiser’s account, the Video Advertisements of such Advertiser and analytics and other information related to such Advertiser and its Video Advertisements, including without limitation, target audience information and aggregate Advertiser performance and Service-related information benchmarking vis-à-vis other Advertisers using the Service.
Advertisers. ViralGains may share with the respective Advertiser(s) associated with a Publisher’s account, information concerning the Publisher’s websites and other online channels and aggregate Publisher performance and Service-related information benchmarking vis-à-vis other Publishers using the Service.
Third Parties Generally. We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service (including without limitation, Viewers who view Video Advertisements), the demographic breakdown of users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. For clarification but not limitation, we reserve the right to collect, retain, use, copy, modify, publicly perform, publicly display and create derivative works of all aggregate data concerning your activity (and that of your consumers) on or in connection with the Service (without reference to your name or that of the entity on whose behalf you are acting) for any lawful purposes, including without limitation, benchmarking, development of best practices, product and services development, and research and statistical purposes without reimbursement or notification to, or consent or authorization from you. We may also provide to third parties personally identifiable information. For example, we might share our users’ e-mail addresses and responses to questionnaires with third parties in order for third parties to contact users about products and services that may be of interest. The third parties to which we may provide this personally identifiable and non-personally identifiable information may include potential or actual advertisers and Advertisers, Publishers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties. For clarification but not limitation, and for the avoidance of doubt, any data or information provided, sourced, input, and/or created by ViralGains with respect to any Advertiser or Publisher may be freely shared and/or used by ViralGains.
Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. WE HAVE NO RESPONSIBILITY OR LIABILITY IF YOUR INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF YOU SUFFER HARM AS A RESULT OF YOUR VOLUNTARY DISCLOSURES. As with any public forum on any website, the information you post may also show up in third-party search engines such as Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an email to request that we remove it by contacting us at email@example.com. You should understand that in some cases, we may not be able to remove your personal information.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
Personally-identifiable information collected through the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. However, after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.
PROVISIONS APPLICABLE TO INDIVIDUALS WHO ACCESS THE SERVICES, VISIT THE WEBSITE, OR VIEW THE VIDEO ADVERTISEMENTS FROM THE EEA, SWITZERLAND OR THE UK.
On May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (or the “GDPR”) came into effect, through the countries in the European Economic Area (“EEA”). The GDPR requires ViralGains to provide individuals who access the Services, visit the Website, or view the Video Advertisements from the EEA, Switzerland or the UK, with certain information about the processing of their Personal Data. “Personal Data” is a term used in Europe that means, generally, a variety of data that identifies or can identify a particular unique user or device – for instance, names, addresses, cookie identifiers, mobile device identifiers, precise location data and biometric data.
Legal grounds for processing your Personal Data.The GDPR requires us to tell you about the legal ground we’re relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in Section 2 above will typically be because:
- You provided your consent;
- It is necessary for our contractual relationship;
- The processing is necessary for us to comply with our legal or regulatory obligations; and/or
- The processing is in our or a relevant data controllers’ legitimate interest, for instance, where an advertiser provides you with media or content that is relevant or related to a website you are viewing; or where we use data to protect the security and integrity of our systems and to provide services or other benefits.
Transfers of Personal Data. As ViralGains may work with global companies and technologies, we may need to transfer your Personal Data outside of the country from which it was originally provided. We take steps to make sure that appropriate safeguards are in place to protect your Personal Data.
Personal Data retention. We retain your Personal Data for as long as necessary to provide you our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
Your rights. Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
You may exercise these rights by following the directions described in the prior section. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
If you have a complaint about how we handle your Personal Data, please get in touch with us by emailing us at firstname.lastname@example.org. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
ViralGains as a data controller and a data processor. EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process personal data on behalf of other organizations (known as “data processors”). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.
ViralGains may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances.
For example, as to Personal Data that reflects our own customer contact lists or account data, or that we use to create proprietary data tools or services, we are a data controller. But when we handle Personal Data for other platforms or customers, to provide the ViralGains Services to them, we are a data controller. Thus, for instance, if you have questions about data that is used primarily by a website on which our technology is embedded – or companies that serve ads that use our technology – you should contact those companies regarding questions about the Personal Data they handle and control.
WHOM DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
By email: email@example.com
By postal mail or courier:
Attn: Privacy Agent
, 10 Post Office Square, Floor 6
Boston, MA 02109