Last Updated: March 2021
ViralGains, Inc. (“ViralGains,” “we,” “us,” or “our”) owns and operates the website at https://www.viralgains.com/ (the “Site”). ViralGains provides ad journeys that allow advertisers to place marketing videos and display content on third-party publisher websites and other online channels and allows Consumers (as defined below) of advertisements to view, and sometimes to interact with and share, advertisements (collectively, including the Site, the “Service” or “Services”).
2. PERSONAL INFORMATION WE COLLECT
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Information”) as follows:
Information Provided by our Customers: When you explore our website to learn about the Services ViralGains offers to businesses, or to enroll in our Services, you are considered a business customer (our “Customers”). We may collect the following categories of Information from our Customers or potential Customers when you provide it to us by entering your information into the ViralGains Site or registering to use the Service. While this information is usually provided on behalf of a business Customer, under certain circumstances, it might be deemed Personal Information.
- Identification and Demographic Information: When Customers fill out our “Get in Touch” form, we may collect our Customers name, email address, phone number, mailing/billing addresses, company, job title category, current location, zip code, and
- Financial Information: Our payment processor(s) will collect the financial information necessary to process our Customers’ payments, such as their bank account information.
- Communication Information: We may collect information when our Customers contact us with questions or concerns and when our Customers voluntarily respond to questionnaires, surveys seeking our Customers’ opinion and feedback. Providing communication information is optional to our Customers.
- Information Provided by Individuals We Serve Ads To (“Consumers”): We may collect the following categories of Personal Information and internet activity information from Consumers when we are providing our ad journey through our Odyssey platform or other Services on behalf of our Customers. In certain circumstances providing Personal Information is optional. However, if you choose not to provide Personal Information that is necessary to use some features of our Site or the Services, you may be unable to use those features. You can also contact us to request updates or corrections to your Personal Information.
- Internet Activity Information: When Consumers visit, use, and interact with our ad journeys, we may receive certain information about Consumers’ visit, use, or interactions.
- Geolocation Information: We may automatically collect geolocation information from your device via your browser or mobile device location services. Please consult your browser or device documentation regarding how to turn off location services. If you disable location services, you may not be able to use the full array of features and functionalities available through our Services.
- We do not otherwise collect or process the Personal Information of Consumers.
Information Provided by Both Our Customers and Consumers:
- Internet Activity Information: When you visit, use, and interact with the Services, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that interact with our Services, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information (e.g., city), and navigation pattern. In particular, the following information is created and automatically logged in our systems:
- Log Information: Information that your browser automatically sends whenever you visit the Site or interact with our Services. Log Information includes your Internet Protocol (IP) address, browser type and settings, the date and time of your request, operating system, the external source by which you arrived at our Site or Services, the pages or ads you’ve clicked on, and how you interacted with the Site or Services. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing web traffic, or optimizing the user experience.
- Device Information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
- Usage Information: We collect information about how you interact with our Services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
- Email Open/Click Information: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
Aggregate Information or Information About Consumers’ Ad-Viewing Habits We Collect: We may receive aggregate information and information about consumers’ ad-viewing habits from third parties as part of your use of the Services and from third parties who may facilitate your use of the Services.
Derived Information: We may infer Consumers’ preferences for products and services based on the information we collect about Consumers.
- Session Cookies: We use session cookies to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser.
- Persistent Cookies: A persistent cookie remains on your hard drive for an extended period of time or until you delete them. You can remove persistent cookies by following directions provided in your web browser’s “help” file. Persistent cookies also enable us to track and target the interests of our visitors to personalize the experience on our Site.
For more details on cookies please visit All About Cookies.
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 or mobile device. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of, and you may not be able to benefit from the full functionality of, the Site or the Services.
If you access the Site or interact with our Services on your mobile device, you may not be able to control tracking technologies through the settings.
- Behavioral and Interest-Based Advertising. You have additional controls and choices with respect to the collection and use of your information in certain circumstances. Many companies in the advertising ecosystem – including ViralGains—voluntarily participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising and/or those who are members of the Network Advertising Initiative (“NAI”). To make choices about the use of information from or about you for online behavioral or interest-based advertising on websites (desktop and mobile browsers), please visit the DAA and the NAI.
To make choices about online behavioral or interest-based advertising within mobile applications (including exercising the choice to “Opt Out”), visit:
- Google Advertising ID (AAID) page (for Android users to Limit Ad Tracking and Opt Out of Interest-Based Ads)
- Apple Identifier for Advertisers (IDFA) page (for iOS users to Limit Ad Tracking and Opt Out of Interest-Based Ads)
- See also Apple’s Advertising & Privacy page
Additionally, you may:
- download the DAA’s AppChoices application from your mobile device by clicking here or directly from your device’s app store;
- visit this page (information provided by the NAI)*
*Note that the NAI link also provides general instructions on how to reset your Advertising ID.
3. HOW WE USE PERSONAL INFORMATION
We may use Personal Information for the following purposes:
- To provide the Services;
- To deliver targeted advertisements via our ad journeys;
- To facilitate the delivery of advertising;
- To report on the performance of a specific advertising campaign to an advertiser;
- To respond to your inquiries, comments, feedback, or questions;
- To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
- To analyze how you interact with our Services;
- To maintain and improve the Services;
- To develop new products and services;
- To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
- To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
Marketing. We may use Customers’ Personal Information to contact our Customers to tell them about products or services we believe may be of interest to our Customers. For instance, if our Customers elect to provide their email, we may use that information to send our Customers special offers. Customers may opt out of receiving emails by following the instructions contained in each promotional email we send. Customers can also control the marketing emails they receive by updating their settings through their account. In addition, if at any time our Customers do not wish to receive future marketing communications, they may contact us. If Customers unsubscribe from our marketing lists, they will no longer receive marketing communications but we will continue to contact our Customers regarding management of their account, other administrative matters, and to respond to their requests.
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
- Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
- Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of or following that Transaction along with other assets.
- Legal Requirements: We are required to disclose Personal Information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose Personal Information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas. We may disclose Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights or property, other end users, or anyone else that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce our contracts or user agreement, including investigation of potential violations hereof; and (iii) detect, prevent, or otherwise address fraud, security or technical issues. We may disclose Personal Information if we believe it is necessary to investigate potential violations of our Terms and Conditions for Advertisers, or to enforce those Terms and Conditions for Advertisers. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.
5. OPT-OUT CHOICES
To “opt-out” of: (1) any consents previously given to us; or (2) receiving email communications from us, send an e-mail to firstname.lastname@example.org. If you have signed up to receive email newsletters, updates, or offers, you may opt out at any time from the use of your Personal Information for direct marketing purposes by emailing the instructions to or by clicking on the “Unsubscribe” link located on the bottom of any ViralGains marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. Notwithstanding this right to request to cease receiving communications from us, we retain the right to collect, maintain and process information provided by and collected about you on and through the Site, and disclose such information to comply with its reasonable business and legal obligations.
6. DATA RETENTION
7. CALIFORNIA PRIVACY RIGHTS DISCLOSURES
Where provided for by law and subject to any applicable exceptions, California residents may have the right:
- To know the categories of Personal Information that ViralGains has collected about you, the business purpose for collecting your Personal Information, and the categories of sources from which the Personal Information was collected;
- To access the specific pieces of Personal Information that ViralGains has collected about you;
- To know whether ViralGains has disclosed your Personal Information for business purposes, the categories of Personal Information so disclosed, and the categories of third parties to whom we have disclosed your Personal Information;
- To have ViralGains, under certain circumstances, delete your Personal Information;
- To opt out: we may share Identification Information and Internet Activity Information with social media platforms and other advertising partners that will use that information to serve you targeted advertisements on social media platforms and other third party websites – under certain regulations such sharing may be considered a “sale” of Personal Information; and
- To be free from discrimination related to the exercise of these rights.
If you would like to exercise any or all of these rights, you may do so by filling out the form here or contacting us. After we receive your request, we may request additional information from you to verify your identity. Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request the categories of Personal Information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties. These requests may be made once per year. To make such a request, please email us at email@example.com or write us at:
Attn: Privacy Agent
75 State Street, Suite 100
Boston, MA 02109
Our Service is not directed to children who are under the age of 13. ViralGains does not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to ViralGains through the Service please contact us and we will endeavor to delete that information from our databases.
9. LINKS TO OTHER WEBSITES
You interact with and use the Services at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Information to ViralGains via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
11. INTERNATIONAL USERS
This Site and the Services are controlled and operated by ViralGains in the United States. The Site and Services are not intended for use outside the United States. By using or interacting with our Services, you understand and acknowledge that you use the Services at your own risk and that your Personal Information will be transferred from your location to our facilities and servers in the United States, where data protection laws may differ from those in your jurisdiction.
14. CONTACT US
Attn: Privacy Agent
75 State Street, Suite 100
Boston, MA 02109