New Privacy Policy

This privacy policy was last updated on May 9, 2022.

Viant Technology LLC is a digital media company comprised of a family of companies that includes Viant US LLC and Adelphic LLC (“Adelphic”), (collectively, “Viant,” “we,” or “us”). Viant is the owner of a cloud-based advertising platform and provides services to publishers, advertisers and other companies (our “Clients”) that allow them to plan and execute digital media advertising campaigns and measure the performance of those campaigns (the “Viant Services”), as well as a number of websites and other online services (the “Sites”, together with the Viant Services, the “Services”).

1. Scope

This Privacy Policy (“Policy”) describes how we collect, use, share and otherwise process personal information, personally identifiable information or personal data as defined by data privacy laws applicable to our Services activities (“Personal Data”) in relation to operation of the Sites (i.e., from visitors) and the Viant Services (collectively, “Covered Data”). This Policy only applies to our Sites that include a link to this Policy and does not apply to sites that do not link to this Policy, including any sites operated by Myspace LLC. The privacy policy and privacy notice for Myspace are located here and here.

Please note that when we act as a service provider/processor – acting on behalf of our Clients – we collect, use, and disclose the relevant Personal Data under the Clients’ instruction, and they are the controller of that Personal Data. There may also be instances in our provision of the Viant Services where we act as a controller of Covered Data. Where we and our Clients are co-controllers of Personal Data, only the Personal Data we control is considered Covered Data under this Policy. In any event, our Clients’ privacy policies will apply to how they (and we as a processor/service provider on their behalf) process their Personal Data as a controller, and we are not responsible for their processing of Personal Data or their privacy policies.

Please read this entire Policy carefully. This Policy contains links that you can click on to get further information or exercise the options you have about your Covered Data. To make this Policy more reader-friendly, we use everyday words such as use, transfer and storage to describe what we do with your Covered Data – but this Policy covers all our Covered Data processing activities. By partnering with us as Client or visiting the Site and/or otherwise using the Services, you accept our data practices as set forth in this Policy.

Some of the key topics you may be interested in include:

2. Information We Collect

We generally collect online and offline information of consumers (“Users”), including about their interests and habits, when Users provide it to us, through web tracking technologies in both desktop and mobile environments, from connected television (“CTV”) devices, and from our other business partners like media publishers, data providers, supply side technology platforms and ad exchanges, and mobile app attribution companies (our “Ad Partners”). We also collect information about Users from our affiliate company’s Myspace platform. We use that information to create audience segments that we make available to our Clients to enable them to deliver targeted, interest-based advertising and to conduct analytics and research. The Viant Services deliver the targeted advertising messages to Users on computers, mobile phones, tablets, CTVs and similar devices and enable us to report back to our Clients about the effectiveness of their advertising campaigns.

A. Covered Data we collect directly from you

We may collect certain Covered Data via the Sites about Users, for example if you contact us, such as by submitting a question, downloading a whitepaper or registering to use the Viant Services. However, in most cases, if and/or when we obtain Covered Data in this way it relates to our current or prospective clients and business partners.

To the extent a User directly provides us Covered Data through our Sites, we use it only in ways compatible with the purposes set out in this Policy, such as to respond to email communications or questions, improve our products and services, develop new products, services, and features, to provide you with promotional content and newsletters, to facilitate registration for and delivery of the Viant Services, or for billing purposes. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Policy.

B. Information We Collect Automatically

The Viant Services collect information about Users’ devices and device activities, such as about the ads that we or a third party delivers onto your device. As you browse the Internet, use a mobile device, CTV, or other online media, you may visit web pages, mobile applications, CTV channels or applications, or other online media that make use of the Viant Services in order to place advertisements. When this happens, your browser, device, or CTV (or applications or platforms on any of them) may request the Viant system to place advertisements on them, and Viant may collect data about this request or bid for advertisements, sometimes referred to as “bidstream data.” Once the advertisement is presented on your device, we may collect information about your device, the interaction you have with the advertisement, the pages or media on which such Services are utilized (sometimes referred to as “exposure data”). Exposure data includes usage information, such as impressions, clicks, mouse movements, viewing duration, and date and time of interaction, as well as information about your device, such as information about the general geographical location from which you are viewing an advertisement, device type, device IDs and other non-personally identifying data made available by the browser or device. For example, we may collect your device’s IP address if you are using a browser, mobile advertising ID (e.g., IDFA, MAID, and Google AdID) if data is being collected from a mobile device, and if the advertising identifiers made available by the CTV if your device is a CTV. Viant may also receive Personal Data from third parties that enables advertisement optimization, independent of or in combination with the data collected directly by Viant, such as audience interest segments and product categories. We may also obtain the precise geolocation (e.g., latitude and longitude coordinates) (“Precise Location Information” or “PLI”) of User devices and may use that information to assist our Clients with targeting ads tailored to your interests. We do not use your PLI unless our Clients and data providers have provided us with reasonable written assurances that they have provided you with sufficient notice and received your opt-in consent to use PLI for these purposes.

We also combine the information collected across multiple sites, devices, and mobile apps to create interest segments that help us target future advertisements based upon those inferred interests. We do so by establishing connections between a User’s devices and to provide advertising across devices. Cross-device connections allow Viant to understand that a single user is accessing advertisements served or measured by Viant from multiple devices and to synchronize or target advertising messages and/or measure the performance of advertisements across those devices. If you would like more information about this practice and to know your choices with respect to it, please: (1) visit the NAI Choices page located at http://www.networkadvertising.org/choices/ to learn how to opt out of having your information collected in browsers for ad serving purposes; and (2) download the AppChoices application, available for iOS and Android (see http://www.aboutads.info/appchoices), or visit the NAI’s Mobile Choices page located at http://www.networkadvertising.org/mobile-choice, to learn how to opt out of having your information collected in mobile apps. Because web browsers and mobile apps have different identifiers, you will need to opt-out of each environment separately.

Finally, we use data from Google services and other third-party services while serving Users advertisements and when retargeting Users with advertisements for the same product across different websites or applications. More information on Google’s advertising cookies may be found at https://policies.google.com/technologies/partner-sites.

We use the Covered Data we collect as part of the Viant Services to perform a variety of tasks, such as limiting the number of times a specific advertisement is presented to the same User (frequency capping), providing an advertisement to only certain types of Users, or providing a report to a client on the number of its advertisements that were clicked. We share Covered Data with Clients, Ad Partners, vendors, and other companies that we conduct business with as permitted by law.

Viant US LLC and Adelphic LLC are participating companies in the Digital Advertising Alliance (DAA) and adhere to the DAA’s Self-Regulatory Program for Online Behavioral Advertising by respecting the DAA’s consumer choice tool for you to opt out of interest-based advertising. The DAA tool is located at https://optout.aboutads.info. Viant US LLC (however, not Adelphic LLC) is also a member of Network Advertising Initiative (“NAI”), adheres to the NAI Code of Conduct, and respects NAI’s consumer choice tool for you to opt out of interest-based advertising. The NAI tool is located at https://optout.networkadvertising.org. These tools enable you to opt out from receiving interest-based advertising from many of our Clients and Ad Partners.

In addition to you having the ability to utilize the NAI and DAA interest-based advertising opt-out tools as discussed in the prior paragraph, we offer an “opt-out cookie” to block the placement of Viant’s behavioral advertising cookies on your system for five years from the time you opt out. When we detect our opt-out cookie on your browser or device, we do not serve you with interest-based advertising on the browser or device from which you have opted-out, or on the browsers or devices that we believe are linked to your opted-out browser or device. However, if you delete your cookies or begin using a new browser or device, your opt-out will no longer be effective and you will need to opt out again. Browser settings that block all cookies may prevent our cookie-based opt-out from operating correctly, and certain privacy software may delete the opt-out cookie or cause it to function incorrectly. Furthermore, the opt-out cookie is not effective on devices that do not accept or otherwise support cookies, such as iOS based mobile devices, internet connected televisions and other non-cookie based connected devices and applications.

You may install our opt-out cookie and opt-out of our interest-based advertising activities by clicking the button below:

optout

Opt-out for Mobile Applications

To opt-out of interest-based advertising for the mobile applications on your current device, the method of opting out depends on the type of device you have. In some cases, for older devices, it may be necessary for you to provide your device ID to opt out.

Opting out on Apple iOS Devices: On iOS 6.0 and 7.0, you can select a setting that enables you to limit ad tracking. You can do this by clicking on Settings -> General -> About -> Advertising and setting the Limit Ad Tracking function to ‘ON’. Alternatively, you can go to Settings -> Privacy -> Advertising and set the “Limit Ad Tracking” function to ‘ON’. On iOS 7.0, go to Settings -> Privacy -> Advertising and set the “Limit Ad Tracking” function to ‘ON’.

Opting out on Android Devices: In Android devices with Google Play Services 4.0 and higher, You can opt out of interest-based advertising services by opening the Google Settings App, then clicking on Ads (under “Services”) and turning on the “Opt out of interest-based ads” function.

Please also visit the NAI’s Mobile Choices Page located at https://www.networkadvertising.org/mobile-choices for additional detailed instructions on how to use the advertising choice mechanisms for various devices.

Opting out for CTV: To opt-out of interest-based advertising for a CTV (i.e., smart televisions, and/or digital media streaming devices), visit the NAI Internet Connected TV Choices page, located https://www.networkadvertising.org/internet-connected-tv-choices/, for detailed instructions on opting out on various TV streaming devices and smart TVs.

When you opt-out of interest-based advertising through the Viant Services (as described above), we stop sharing your information with our Clients and Ad Partners. That does not mean you will no longer receive advertising on the internet. However, it does mean that the display advertising you see will not be behaviorally targeted by us to your interests or preferences, so long as the opt-out cookie remains in place. Further, except for the specific restrictions noted above, our opt-out cookies do not otherwise prevent us from continuing to collect, maintain or use information as described herein, including for non-personalized advertising purposes (such as ad delivery and reporting) on your opted-out browser or device or on linked browsers and devices.

Cookies and other Web Technologies

In operating the Viant Services and Site, we use technologies such as “cookies,” which are small text files that our Site serves to your browser when you access the Site or that some of our Clients and Ad Partners serve to your browser when you engage with them. Our cookies, pixels, and other tracking technologies collect and store data such as audience segments, help provide additional functionality to the Viant Services and Site, and help us analyze usage more accurately.

Although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, some of our and third party services may not function properly if you disable cookies.

Our cookies and other web technologies may track Users across time and third party services. We do not currently support the Do Not Track browser option.

We also use an advertising identifier created by your mobile operating system to store information on our servers and later retrieve it to provide the Viant Services. The Android Advertising ID and Apple iOS’ IDFA are examples of advertising identifiers. For more information about advertising identifiers, please check the settings of your mobile device.

You can learn more about how we use cookies and similar technologies here.

Log Data

We receive information when you view content on or otherwise interact with our Services, which we refer to as “Log Data.” For example, when you visit our websites, sign into our Services, or interact with our email notifications, we may receive information about you. Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We use Log Data to operate our Services and optimize the performance of our Services.

C. Information We Collect about you from Our Clients, Affiliates and Ad Partners

Our Clients, Ad Partners, and affiliates share information with us such as browser cookie IDs, mobile device IDs, IP address, device type, operating system, hashed email address, or hashed mobile ID (e.g., Apple IDFA or Android advertising ID), as well as location-based data such as Wi-Fi, cell tower, GPS or diagnostic location information, contextual information, and demographic information including age, gender and zip code.

Covered Data we obtain from these third parties (including our affiliates) about you may be appended to information that we otherwise have about you, including for the purposes of targeting advertisements. For example, we match hashed versions of mobile IDs to data that we have de-identified (made pseudonymous) about you that resides in our platform in order, for instance, to target advertising to you based on your device activity, inferred interests and location information.

We use your appended data to create interest-based segments, including financial, non-sensitive health and political related interest-based segments as part of our services, including general interest-based segments such as “Health::Medical Centers” and “Finance::Insurance,” and custom interest-based segments such as “Health::Dieting::Acai Berry” and “Health::Contact Lens.” You may click here for a list of our general financial, health and political related interest-based segments, and samples of custom segments in those categories. We do not use interest-based segments to determine credit worthiness or for insurance underwriting or employment eligibility purposes

In the process of serving an advertisement to a device, we, or our partners, may decide to serve an ad based on one or more audience segments associated with that device, and the audience segment we believe may be associated with that device. Where Viant is able to use this and other information to infer that one browser or device likely belongs to the same User or household, the Viant Services may consider those browsers and devices “linked” for purposes of ad serving and interest-based advertising. This linking process is sometimes referred to as creating a device graph. As noted in Section 2(B) above, because web browsers and mobile apps have different identifiers, if you choose to opt out of receiving interest-based advertisements, you will need to opt-out of each environment separately.

When you use third-party apps, websites or other products integrated with the Viant Services, they may collect information about your activities, subject to their own terms and privacy policies. Those companies’ use of cookies and other data collection technologies are subject to their own privacy policies, and the terms of this Policy do not apply. Like many companies, we may allow cookie matching with select Clients and Ad Partners, but those parties are not authorized to access Viant cookies.

3. How We Use Your Information

This section describes how we use Covered Data in connection with operating the Viant Services and our Site and Services.

A. Providing the Viant Services

As described above, Viant uses Covered Data to create audience segments that are targeted to Users’ inferred interests. This information is typically associated with the advertising identifier referenced above and is used by us, our Clients and Ad Partners, including advertisers and publishers, to deliver targeted advertising. As described above, you can opt out of receiving targeted advertisements:


B. To Respond to Your Requests

If you interact with us on our Site or request information from Viant, we use and/or share your Covered Data to respond to your inquiries. We may also use your Covered Data to send your updates about the Viant Services or changes to this Policy.

C. Advertising and Marketing

To send or display targeted advertising and marketing, remarketing, and to reach Users with more relevant ads and to evaluate, measure and improve the effectiveness of our advertising campaigns. We may also send Users newsletters, offers or other information we think may interest or contact them about the Viant Services or Services and general information we think may be of interest. We may also use User information to tailor the content we send or display on our Sites or third party websites.

D. Securing and protecting our business

We may use your Covered Data to secure and protect our business including to protect and secure our business operations, assets, Services, network and information and technology resources, or to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.

E. Defending our legal rights

To manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation.

F. Auditing, reporting, corporate governance, and internal operations

For financial, tax and accounting audits, assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records.

G. Complying with Law

To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

We may use Covered Data for such purposes as may otherwise be disclosed at collection or that a User otherwise consents or directs. We may use non-Covered Data within our discretion, except as prohibited by applicable law. We may disclose Covered Data as set forth in the next section.

4. How We Disclose Your Information

A. Service Providers and Clients

We may share your Covered Data with our service providers, including our contractors and business partners, who we engage to help us provide and manage the Viant Services on our behalf, for example to ensure network and information security, provide a more personalized experience, and analyze usage of the Site and the Viant Services. For example, we use Google Analytics, Google Tag Manager, and Yahoo Analytics to help us understand your usage of our services, and partner with services, such as Aerospike to help us manage user data. Our service providers are located in the United States and other countries and we share your Covered Data with them consistent with this Policy and impose confidentiality and security measures on them where appropriate.

We may also share your Covered Data with our Clients in relation to our provision of Viant Services to them. As discussed above, we are not responsible for our Clients’ processing of Personal Data or their privacy policies. Our Clients are located in the United States and other countries and we share Covered Data with them consistent with this Policy and impose confidentiality and security measures on them where appropriate.

B. Affiliates and Change of Ownership

We may share your Covered Data within our Viant group for uses consistent with this Policy, such as to help operate the Viant Services.

We may share, disclose, or transfer your Covered Data if Viant is involved in a potential or competed merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, as permitted by law and/or contract.

C. Non-Covered Data

We share your non-Covered Data, such as aggregated or de-identified information (in statistical or summary form that does not include any personal identifiers) with third parties in our discretion, as permitted by applicable law, such as in order operate and improve our Services and conduct research about and analyze usage of our Services.

D. Securing and protecting our business

We may use your Covered Data to secure and protect our business including to protect and secure our business operations, assets, Services, network and information and technology resources, or to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.

E. To Protect our Legal Interests and Comply with Law

Additionally, we may disclose Covered Data for other purposes permitted under this Policy, such as to protect or comply with legal rights and obligations, or as otherwise disclosed at the time of collection or with User consent or direction.

There may be instances when we will use and/or disclose Covered Information we collect and receive where we have, in our discretion, a good faith belief that such use and/or disclosure is necessary in order to: (i) protect or defend our or your legal rights or property or those of our affiliates, employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of members of the public, including responding to emergencies where there appears to be a danger of death or injury to any person; (iii) comply with the law, law enforcement, or legal process or proceedings or requests from public or government authorities; (iv) prevent fraud or other liabilities.

5. EEA Data Subject Rights

Viant Technology LLC and Viant US LLC do not operate in the European Economic Area (“EEA”) or European Union (“EU”). This Section 4 only applies to the processing of personal information by Adelphic LLC. Adelphic LLC is responsible for the processing of personal data it receives or subsequently transfers to a third party acting as an agent on Adelphic’s behalf.

If you reside in the EEA, you have additional rights in relation to how your personal information is processed. You may object to our processing of your personal information, request that our processing be restricted, review or request changes to your personal information, or request that your personal information be deleted and we erase your data by contacting us at privacy@adelphic.com. You may also complain to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available at ec.europa.eu. You may exercise any of these rights free of charge.

Privacy Shield Principles

With regard to EU and UK personal data that was transferred to Adelphic LLC pursuant to the safeguards established by the EU/UK-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce, Adelphic, LLC has certified to the U.S. Department of Commerce that it continues to adhere to the Privacy Shield Principles in regard to such data and, if there is any conflict between the terms of 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, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Adelphic commits to resolve complaints about our collection or use of personal data collected and processed pursuant to the Privacy Shield Framework. EU, UK and Swiss individuals with inquiries or complaints regarding personal data transferred to Adelphic pursuant to our Privacy Shield policy should first contact Adelphic at: privacy@adelphic.com

Adelphic LLC
2722 Michelson Drive, #100
Irvine, CA 92612

EU Representative for purposes of Adelphic, LLC data processing subject to this Policy is:

ePrivacy GmbH
Große Bleichen 21
20354 Hamburg
dpo@adelphic.com

Adelphic, LLC has further committed to refer unresolved complaints concerning personal data collected and processed under the Privacy Shield Framework to the BBB EU Privacy Shield Program, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/bbb-eu-privacy-shield-consumers/ProcessForConsumers for more information or to file a complaint. The services of BBB EU Privacy Shield Program are provided at no cost to you.

If other methods for resolution of complaints relating to personal data transferred under the Privacy Shield Framework fail, in limited circumstances, you may invoke a binding arbitration option before the Privacy Shield Panel.

With respect to personal data that has been received or transferred pursuant to the Privacy Shield Framework, Adelphic LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

6. Cross-Border Transfer of Information and EEA Data Subject Rights

Viant US LLC does not operate in the European Economic Area (“EEA”) or the United Kingdom (“UK”). This section only applies to the processing of personal information by Adelphic LLC.

If you reside in the EEA, UK or Switzerland, we process your personal data under the legal basis of our legitimate interests to provide the Services to our Clients by serving you with contextual based advertising. This type of advertising is not based on your personal behavioral data. Because you are an EEA, UK or Swiss resident, you have additional rights in relation to how your personal information is processed. You may object to our processing of your personal information, request that our processing be restricted, review or request changes to your personal information, or request that your personal information be deleted and we erase your data by contacting us at privacy@adelphic.com. You may also complain to a data protection authority about our collection and use of your information. Contact details for data protection authorities in the European Union are available at ec.europa.eu. You may exercise any of these rights free of charge.

Your privacy is important to us, so we will ask that you provide sufficient information to verify your identity before we respond to your requests. In some situations, we may refuse to act or impose limitations on your right if, for instance, it is likely to adversely affect the rights and freedoms of others, prejudice the execution or enforcement of the law, or interfere with pending or future litigation.

For more information on your rights, please contact dpo@adelphic.com.

Except with regard to transfers made pursuant to the Privacy Shield Framework (see section 5 above), when your personal data is transferred from the EEA, UK or Switzerland to Adelphic or its service providers in the United States or other countries whose data protection laws do not offer the same level of protection as the laws of the EEA, UK or Switzerland, we and our vendors adhere to the contractual obligations contained in the EU, UK or Swiss Standard Contractual Clauses, as applicable, to ensure that your personal data is adequately protected.

For EEA and UK residents, please be aware that the laws of the USA and other countries outside of the EEA or UK may not protect your data to the same level as the laws of the EEA or UK, or give you the same rights that you would have in the EEA or UK (including rights relating to access to personal data by law enforcement or national security/intelligence agencies).

7. Children’s Information

We do not knowingly target advertisements to children under the age of 16. Our Services are intended for a general audience and we do not intend to collect Personal Data from children. If you believe we have collected Personal Data about a child please contact us at privacy@viantinc.com and we will take action consistent with the Children’s Online Privacy Protection Act and other applicable laws.

8. How We Secure Your Information

Viant is committed to protecting the security of the Covered Data we collect. We use a variety of technical and organizational measures designed to protect Personal Data from unauthorized access, use or disclosure, both during transmission and once we receive it. However, no digital transmission or form of electronic storage is completely secure. Therefore, we cannot guarantee absolute security.

9. How Long We Keep Your Information

We store Personal Data for so long as we maintain a legal or business purpose to do so. Personal Data may be aggregated or anonymized and such shall no longer be Covered Data except as required by applicable law.

10. Additional Information for California Residents

This section of the Policy provides additional information solely for California residents (defined as “consumers”), as required under the California Consumer Privacy Act of 2018 (“CCPA”), and applies to personal information, whether collected online or offline. As used in this section 10 of the Policy, “personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. In the event of a conflict between the Policy generally and this Section 10, this Section 10 shall govern with respect to personal information of California residents. Consistent with the CCPA, our description of personal information practices in this Section 10 reflects the calendar year 2021. Our practices may differ thereafter. Consult our general Policy or notices at collection for potentially more current practices.

Personal Information Not Covered by this California Section

This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is otherwise subject to an exemption under the CCPA.

This section also does not apply to personal information we collect about California job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Viant, or our business contacts, and use solely in that context.

Categories of Personal Information that we Collect and Disclose

Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information about California residents that we collect and disclose to others for a business purpose in calendar year 2021, all of which are disclosed to our service providers (e.g., data processors, cloud services, software platform providers, developers, etc.). We collect these categories of personal information from the sources described in the “Information We Collect” section above, and for the purposes described in the “How We Use Your Information” section above.

Categories of personal information collected (see below for more details) Do we collect? Do we disclose for business purposes?
Name, contact info and other identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol address, email address, account name. Yes Yes
Customer records such as electronic customer records containing personal information, such as name, address, telephone number, and household information in the context of surveys. Yes Yes
Commercial information such as commercial information including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. Yes Yes
Usage data such as internet or other electronic network activity information, including, but not limited to, clickstream data, and information regarding a resident’s interaction with an internet website, application, or advertisement. Yes Yes
Profiles and Inferences such as inferences drawn from personal information to create a profile reflecting preferences, characteristics, predispositions, behavior, attitudes. Yes Yes

Categories of Personal Information Sold

The CCPA’s definition of a “sale” includes disclosing or making available personal information to a third party, in exchange for monetary or other valuable consideration, absent certain exceptions. You can read more about our use of personal information in digital advertising in the “How We Use Your Information” section above. Pursuant to the CCPA, the categories of personal information that we may “sell,” as defined under the CCPA, to our affiliates and to third parties such as our Clients and Ad Partners in calendar year 2021, for commercial purposes such as providing the Services, are:

  • Name, contact information and other identifiers
  • Customer records
  • Purchase history and tendencies
  • Usage Data
  • Profiles and Inferences


Categories of Collection Sources and our Purpose for Collecting Personal Information

We collect personal information from our Ad Partners and from Myspace and sell the personal information for the commercial purpose of assisting or Ad Partners with serving you personalized advertisements. We also collect, use, and share personal information for the purposes set forth in the main Policy, as well as the following CCPA-enumerated “business purposes” (collectively, “business purposes”):

  • Performing Services
  • Research and development and improving our products and services
  • Quality assurance
  • Security and fraud prevention
  • Debugging and fixing errors on the Services
  • Processing interactions and transactions on the Services (e.g., short-term, transient use of personal information)
  • Managing interactions and transactions on the Services (e.g., auditing related to a current interaction with the consumer and concurrent transactions)


Your CCPA Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your rights under the CCPA and explains how to exercise those rights. Subject to certain exceptions, California residents have the right to make the following requests:

Right to Opt-out of Sale (“Do Not Sell”): You have the right to direct us not to sell your personal information (“opt-out”). We do not sell personal information if we have actual knowledge that the consumer is less than 16 years of age, unless we receive affirmative authorization (“opt-in”) from either the consumer between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

If you would like to make an opt-out request, you may submit it online here. Please also refer to the non-California sections of this Privacy Policy for information about our use of cookies and similar technologies.

Cookie operator third-party services (“Cookie Operators”) collect personal information that falls under the Identifiers (e.g., cookie ID, IP address, and other online IDs) and Internet Usage Information categories. We do not believe that we sell personal information collected by Cookie Operators. However, we will treat personal information collected by Cookie Operators as subject to an opt-out request and provide the ability for you to exercise choice with respect to cookies and other tracking technologies operated by Cookie Operators by following the instructions provided below under Tracking Technologies – Your Additional Choices. Please see further information below on how to exercise choice with respect to cookies and other tracking technologies.

Tracking Technologies – Your Additional Choices

Browser Settings: You can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. Please note that when you use cookie control tools, you will have to change your settings for each browser and device you use, and your limitation on cookies can limit the functionality of online services you use, including our services. Use the help function on your browser or click on the applicable links below to learn more:


Mobile Device Settings: You can use mobile device settings to limit mobile tracking technologies and associated activities. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google settings > Ads > Reset advertising ID. These controls work much like deleting cookies in a browser—the device is harder to associate with past activity, but tracking may still occur using the new advertising identifier. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/.

Ad Industry Tools: Some third parties that may collect personal information in association with your use of our online services for advertising, analytics and other purposes, and may Sell that personal information downstream, provide you the opportunity to opt-out of their Sales. Please visit https://www.privacyrights.info/ to opt-out of the sale of personal information by participating third parties. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests from these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest-based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit https://optout.aboutads.info/?c=2&lang=EN and https://optout.networkadvertising.org/?c=1.

See above in Section 2 for information on how to opt out of interest-based advertising from Viant using Viant’s opt-out cookie.

Please note, clearing cookies or changing settings may affect your choices and you have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices, tools or choices.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a “Do Not Sell” expression by you, so we currently do not recognize these as do not sell requests. We understand that various parties are developing “Do Not Sell” signals. Since we do not believe that we currently sell PI, we do not currently look for such signals.

Right to Delete: You have the right to request that we delete and direct any service providers that have received that personal information to delete, the personal information that we have collected and retained, unless an exemption applies. Once we receive and confirm your verifiable request, we will delete (and, if applicable, direct our service providers to delete) your personal information from our records, unless an exception applies. If an exception applies, we will explain that to you and limit the use of the retained information to the retention purpose and only for so long as the exception applies.

Right to Know: You have the right to request that we disclose certain information to you about our collection, use, and sale of your personal information over the past 12 months. In particular, you have the right to know categories of personal information that we collect, use, and share and the right to know specific pieces of personal information. Once we receive and confirm that your request is a “verifiable consumer request” (see verification section below), we will disclose to you:

  • the categories of personal information we collected about you;
  • the categories of sources of personal information we collected about you;
  • our business or commercial purposes for collecting or selling that personal information;
  • the categories of third parties with whom we have shared that personal information;
  • the specific pieces of personal information we collected from you (subject to enhanced verification);
  • the categories of third parties to whom your personal information has been sold; and
  • the categories of personal information that we have sold or disclosed for a business purpose, by applicable category of personal information


Submitting Requests: You can submit a Request to Delete or Request to Know by either:

We will respond to verifiable consumer requests received from California residents as required by law and as further explained in “Verification and Response Process” below. You can also designate an authorized agent to make a request under the CCPA on your behalf, however we may ask the agent and/or you to provide proof that the agent is authorized to make a request on your behalf.

Verification and Response Process: The CCPA requires us to verify Right to Know and Right to Delete Requests. At a minimum, we will confirm that you are the owner of the email address with which you have made the request, and reserve the right to request further information in order to verify your identity. We will endeavor to respond to your verifiable requests within 45 days of receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the date of your request. Generally, California residents can exercise rights free of charge. If a request is overly burdensome, we will either limit it and explain why or offer you the ability to pay reasonable costs for certain enhanced responses.

Non-Discrimination: You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights or impose unreasonable requirements on financial incentives offered to California consumers related to the collection, retention, or sale of your personal information. However, from time-to-time, we may offer different prices, rates, or quality of goods or services, to the extent the difference is reasonably related to the value of your applicable personal information. Your participation in such programs will be optional, and you can withdraw consent at any time. Program details and valuation will be provided in connection with any such programs.

Shine the Light: California Residents may request a list of all third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law), collected via our online service, during the preceding year for those third parties’ own direct marketing purposes. This is different than, and in addition to, CCPA rights, and must be requested separately. If you are a California resident and want such a list, please contact us at privacy@adelphic.com or Viant, 2722 Michelson Drive, #100,
Irvine, CA 92612 (Attn: Privacy). For Shine the Light requests, you must put the statement “Shine the Light Request” in the body of your request. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. Please note that we will not accept Shine-the-Light requests via telephone or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

11. This Privacy Policy May Change

Viant will maintain Covered Data in accordance with this Policy. If Viant decides to change this Policy, we will post the changes on our Site and revise the “Last Updated” date above. If we make any changes to this Policy that materially affect our practices with regard to the Covered Data we under a prior version of the Policy we will continue to apply the prior version to the applicable previously collected Covered Data unless you otherwise consent. Any changes to this Policy will become effective as to new collection upon our posting of a revised Policy on our Site. Use of the Viant Services or Site following such changes constitutes your acceptance of the revised Privacy Policy that is in effect.

12. Contact Information

For questions or concerns relating to privacy, please contact us at privacy@adelphic.com.

For EEA Residents, the Data Controller for data processing by Adelphic is:

Adelphic LLC
2722 Michelson Drive, #100
Irvine, CA 92612

EU Representative for purposes of Adelphic data processing subject to this Policy is:

ePrivacy GmbH
Große Bleichen 21
20354 Hamburg
dpo@adelphic.com

Key terms and definitions

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

Hashed

Hashing uses an algorithm to convert a data string into an alphanumeric string output of fixed length. When we use “hashed” in this Privacy Policy, we mean we have used this technology to obscure the data’s original format for privacy purposes. For example, the hashed version of “example@example.com” is: 23463b99b62a72f26ed677cc556c44e8.

Interest-based segment

A user or group of users categorized on the basis of preferences or interests inferred from the data we collect and receive that are used as a basis for displaying advertisements and other content intended to be more relevant and useful to the user or users. Examples include “AUTO::Auto In-Market MASTER,” “TRAVEL::Travel In-Market MASTER” and “SPORTS::Sports Enthusiasts.”

IP address

Every computer connected to the internet is assigned a unique number known as an internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, and in many cases a more precise location, from which a computer is connecting to the internet.

Pixel

A pixel, also known as a pixel tag or web beacon, is a small snippet of code embedded in a website. Pixels allow a website to transfer or collect information through a graphic image request. Pixels can be used to count site visitations and conversions, gather broad-based user interest data, transmit to and receive information from third parties, deliver, read and write to cookies and for other purposes connected to the provision of advertising, analytics or other services.

Political and Health Interest-Based Segments