Adwerx / Privacy Policy

Revised as of December 6, 2019

Welcome to Adwerx.com (the "Site") and the related digital advertising platform (the “Platform”). Digital advertising products, and services available on or from the Site and/or the Platform (the “Services”) are owned and operated by Adwerx, Inc. (together with its affiliates, successors, and assigns hereinafter referred to as “our”, “we”, “us”, or “Adwerx”).

The Site and Platform allow our customers to purchase digital advertising, including Interest-Based Advertising. Interest-Based Advertising uses information collected across multiple websites to predict users’ preferences and to show ads that are most likely to be of interest to those users. For example, if a user visits a travel site, they might see travel related ads on another site. Adwerx offers web users choices with respect to the use of the Site and Platform for this type of advertising. The Site and Platform are designed to enable these advertising services through the use of information that may be collected from customers using the Site or Platform, that customers may acquire from other sources, that customers may submit to Adwerx via the Site of Platform, or that Adwerx may acquire from other third party sources. Site and Platform users may provide certain information about themselves, including names, photographs, likeness, images, email address, telephone numbers, physical address, company name, password, billing information, and other information owned and/or created by them during the digital advertisement creation and ordering process. Registered users can change their Profile information at any time and can control how the Site communicates with them.

Adwerx cares about online privacy and wants you to know how we collect, use and share and protect information about you, and the choices you have regarding our use of that information. If you have any questions concerning this Privacy Policy, please email us at privacy@adwerx.com. We may change or add to this Privacy Policy from time-to-time, so we encourage you to review it periodically. If we make material updates to the Privacy Policy, we will provide you notice of any changes.

SCOPE
This Privacy Policy applies to the collection of personal information from all users of the Services, Platform and Site visitors. It relates to information we collect from you, including personally identifying information (also referred to as “PII”) and information that does not identify you personally. PII may include, for example, some or all of the following: IP address, names, email addresses, passwords, photographs, geolocation information, persistent identifiers, and credit/debit card information.

Information which registered users provide to us is intended to be utilized by Adwerx to deliver the Services to those users. We will share that user information internally at Adwerx, with our technology vendors solely in order to deliver the Services, with you as described herein, and in certain situations as described in this Privacy Policy with third party enterprise customers. To be clear, we do not share your information with third parties other than those vendors or enterprise customers as may be identified in this Privacy Policy.

YOUR CONSENT TO THIS PRIVACY POLICY
This Privacy Policy is incorporated into and subject to the Terms and Conditions. By using the Services, the Platform, and the Site, you, on behalf of yourself and your company (as may be applicable), consent to our Terms and Conditions and Privacy Policy, including our use and disclosure of your personal information as stated in this Privacy Policy.

INFORMATION COLLECTED AND USED BY ADWERX
Information You Provide to Us
We collect the information that you directly provide to us, such as when you enter it on a Site web page, via the Platform, or include it in an email that you send to us. This type of collection often occurs through our Services purchase flow and business support processes, such as:

Registration or Account Creation Processes
Where we ask you to provide information such as: contact information (e.g. name, email) and account administration information (e.g. password). Adwerx uses that information to authenticate users and to send notifications to users relating to, without limitation, the Services.

Adwerx may also use a user’s email address to send updates, purchase confirmations, marketing messages, newsletters, product order completion reminders, or news regarding the Services. Adwerx may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. Adwerx tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

Purchase Processes
Where we may ask you to provide your name, email address, city, state, and billing information (e.g. credit card or other payment number, expiration date, security code, billing zip code, etc.) in association with the purchase of the Services.

Technical and Customer Support Processes
Where we may ask you to provide contact information and information related to the issue you are contacting us about.

Services Features Set Up Process
In addition, we collect the information that you provide by entering it into certain Services features. For example, when you want to submit certain information to be included in your digital advertisements such as images, name, email address, company name, telephone number, etc. which we collect and then display for you in the relevant Services as necessary. Likewise, when you use other features such as blogs, newsletter sign ups, surveys, or user-generated content we may first collect the information you enter into the feature.

Automatic Information Collection
We may also automatically or passively collect information about your use of our Services, Site or Platform. While information collected in this manner is not typically personal information, it may be or we may combine it in ways that make it personally identifiable. When we do so, we will treat the combined information as personal information. For example, data collected in this manner may include:

Web browsing, network or service usage data: Such as browser type, internet service provider (ISP), IP address, referring/exit pages, operating system, date/time stamp, and clickstream data. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather information about our user base as a whole. User IP addresses are recorded for security and monitoring purposes.

Network connected hardware: (e.g. computer, or mobile device) data, such as a unique device identifier, type, model, version, error related data, status, capability, configuration, functionality, performance data, and connection type.

Physical or geographic location data: Such as country, region, city, or latitude and longitude.

Advertising data: Including display frequency, duration, location, or viewing software, or identifier.

Technologies used in our Services to passively collect such information may include:

Cookies: Small data files placed on a devices hard drive described below in USE OF COOKIES.

Pixel tags: Pixel tags are tiny graphic images - to tell us what parts of the Site and Platform have been visited. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.

Adwerx also engages in remarketing and re-engagement, or similar audiences feature which allow Adwerx to reach people who previously visited the Site, the Platform, or used the Services. Adwerx utilizes third party pixel tags to gather information for remarketing, re-engagement, or similar audiences on the Site and Platform. Remarketing and re-engagement practices will result in the display of Adwerx digital ads to Site and Platform users and visitors across the Internet. Additionally, Adwerx may also utilize third party pixel tags to develop custom audiences for marketing purposes via third party platforms.

Embedded Scripts: Programming code that is temporarily downloaded onto a device, and is active only while you are connected to our website, and is deactivated or deleted thereafter.

In addition, our Services may use a variety of other hardware or software specific technologies that automatically collect information.

Information We Receive From Third Parties
We may also supplement the information that we collect with information that we obtain from third parties relative to you, including, but not limited to, digital ad network vendors and enterprise customers of Adwerx (including Brokers). We may combine the information we receive from these third parties with the information we directly collect, in which case we will handle it in accordance with this policy, provided however, that to the extent we receive a deletion request from a user we will solely delete the information we collected directly from that user, and not information provided to us by third party relating to that user.

Adwerx may also collect information for market research purposes to gain a better understanding of our customers and thus provide more valuable service. Adwerx also collects information regarding customer activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our Site, Platform, and Internet services are of most interest to them.

We use the information that we collect to develop, deliver, and improve our products, services, and other offerings.

USE OF COOKIES
As mentioned previously, Adwerx uses cookies to store users' preferences and to record session information, for purposes including: (i) to customize newsletter, advertising, Interest-Based Advertising, and the Site and Platform content based on browser type and user profile information; (ii) to help track usage to help us understand which parts of the Site are most popular, where our visitors are going, and how much time they spend there; (iii) to make usage of the Site and Platform even more rewarding as well as to study the effectiveness of our customer communications, and (iv) to customize each visitor's experience and provide greater convenience.

The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.

DO-NOT-TRACK
When you visit a website utilizing any browser, you automatically share information with that website, such as cookies, your IP address, and other information. If the website contains content provided by a third party website (for example web measurement tools such as a web beacon or scripts) some information about you may be automatically sent to the content provider. When you utilize the “Do-Not-Track” feature in your web browser, that browser will send a “Do-Not-Track” request to the websites you visit and to the third party content hosted on those sites to let the sites know that you would prefer not to be tracked. Websites may continue to engage in tracking activities even though you have expressed this preference. Our Site does not respond to "do-not-track" settings in users' web browsers at this time. There are various ways to opt out of interest-based advertising, such as TRUSTe’s Ad Choices, the Network Advertising Initiative’s Consumer Opt-Out Page, the Digital Advertising Alliance’s Consumer Choice Page, or you can also visit Google's Ad Settings to manage the ads Google serves.

CORRECTING / UPDATING / ACCESSING / DELETING / OR TRANSPORTING INFORMATION
Right to Modify: Adwerx registered users may access, modify, or correct any of the personal information contained in their Profile via their profile dashboard at any time, or by contacting privacy@adwerx.com.

Right to Deletion: Adwerx registered users may request the deletion of any of the personal information collected by Adwerx from such user at any time by contacting privacy@adwerx.com, subject to Adwerx’s rights in certain cases to retain certain information, for example to complete a transaction, to provide requested services, to retain information provided by a third party or collected from a separate source, or to perform a contract.

Rights to Portability: Adwerx registered users may also have the right to obtain their personal information collected by Adwerx so they can transfer it to another party, or ask us to do so on their behalf, which we will do when technically feasible. This right is limited, and only arises when our processing of your information is automated and based on your consent or our Terms and Conditions. To exercise this right, please submit your request by sending an email to privacy@adwerx.com.

RIGHT TO OPT OUT OF “SALE” OF INFORMATION
Adwerx may “sell” the information of visitors or registered users of the Site to third parties. For registered users, in certain instances Adwerx merely transfers certain personal information it collects to the user’s Broker who is an Adwerx enterprise customer. Certain privacy regulations, specifically the California Consumer Privacy Protection Act (the “CCPA”) refers to the transfer of personal information of a California resident to a third party as a “sale”, subject to specific limitations. This provision refers to the “sale” of personal information merely to be consistent with that term as referenced in the CCPA. To the extent the transfer of certain personal information regarding a Site user who is a resident of California to that user’s Broker is considered a “sale” within the provisions of the CCPA, this section will apply. With regard to Adwerx Site registered users who are residents of California and are 16 years of age or older, those users may direct Adwerx, at any time, not to “sell” personal information about that user to third parties. To exercise this right, please submit the request by sending an email to privacy@adwerx.com or by visiting the “Do Not Sell My Personal Information” link on the homepage of the Site or Platform, or any Site or Platform page where we collect personal information.

Adwerx will not “sell” the personal information of a registered user who is a resident of California if Adwerx has actual knowledge that the user is less than 16 years of age.

LINKS
This Site may at certain times contain links to third party websites. Adwerx is not responsible for the privacy policies and/or practices on other sites. When linking to another site, a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Site.

EMAIL CHOICE / OPT OUT
Users who no longer wish to receive promotional/marketing messages may choose not to by opting-out. To opt-out, simply log-in to your user Account, and click the appropriate box to disable the notification emails. Any marketing emails include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from Adwerx where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site.

SHARING AND DISCLOSURE OF INFORMATION ADWERX COLLECTS
We use non-personally identifying information without restriction. We use PII in a number of ways.

First, we use PII for the purpose for which it was collected. For example, PII that you provide through any of our business support processes (including customer service) will be used to complete that process, and personal information entered by you through the features of our products and Services will be used for the operation and delivery of those features, including the delivery of such information to digital ad network vendors in order to deliver the Services.

Second, while we strive to minimize our use of PII, or otherwise anonymize or aggregate it before use, we may use personal information to:

  • Send marketing communications to prospective customers who visit the Site and Platform;
  • Deliver contextual or targeted advertising to prospective customers who visit the Site or Platform;
  • Understand and improve our Service operations and performance for users of the Services;
  • Assist in customer service and transactions on behalf of users of the Services.

Information We Share
We may share your information, including your personal information, with other parties as follows:

We may share your information within and among Adwerx and its related entities for purposes related to providing you with content, products, or services, including software applications; community administration or development; to support various business processes; security; and research and development.

Adwerx Enterprise Customers. Adwerx may, to operate or enhance Adwerx’s Services, collect data collected on the Platform from customers to enterprise customers, or vice versa. For customers who utilize the Services through a sponsored enterprise customer program, Adwerx will share data collected on the Site and Platform (including, for example, lists of the customers participating in the enterprise customer program and information about their campaigns) with the sponsoring enterprise customer. In addition, Adwerx may disclose such information in the event we reasonably suspect malicious activity or believe that we are legally required to do so. Adwerx may also share aggregated data derived from the Site or Platform, including, for example, statistics about Platform activity.

Service Providers to Adwerx. With persons or companies that we retain to carry out or provide support to business operations and the delivery of the Services, including vendors for email delivery services, payment processing, metrics, website analytics, image processing services, surveys, customer support, third party analytics, marketing surveys, event tracking, analytics, user authentication, hosting, CDN services, and digital ad network services.

Service Providers are required to adhere to confidentiality and data security requirements.

We have engaged Fullstory to analyze the activities of visitors to the Site and Platform with a DVR-like video playback of user sessions on the Site and Platform, and Fullstory’s authorized use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this Site and Platform. Such access to and use of Personal Information by Fullstory is governed by Fullstory’s Privacy Policy.

Law Enforcement, Judicial, Administrative, or Regulatory Disclosures. When we believe in good faith that the law requires disclosure or that disclosure is necessary to protect or enforce the rights, property, safety, or security of ourselves or others.

Business Transfers. In connection with the sale of the applicable Adwerx business, a portion of the business, or certain stock and/or assets, or a corporate merger, consolidation, restructuring, or other corporate change including, without limitation, during the course of any due diligence process.

Third Parties. With third parties (with whom we use reasonable efforts to obtain their agreement to protect the confidentiality, security, and integrity of any personal information we share with them), such as: Third party providers of services and third parties with whom we are jointly delivering services or features.

Publicly Accessible Software Features. Certain elements of your personal information and certain information about your use of our Services are publicly accessible via the provided Services at your request, e.g. your purchase of digital advertising could cause your name, images, telephone number, email address, company name, and other user provided information to be displayed at your request on the Internet.

You may follow a link provided on the Site to a third-party website. If you choose to "share" content or to otherwise post information from or via our Services to a third-party website, feature or application, that information will become public and the third party web site may have access to information about you and your use of our Services. Likewise, other users may use these same features to share information about you. We are not responsible for how you use or publish personal data through these or similar features, or how third parties use the features to share information.

REQUIRED DISCLOSURES
Except as otherwise described in this Privacy Policy, Adwerx will not disclose personal information to any third party unless it believes that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Adwerx, whether or not a response is required by applicable law; (2) to enforce the Terms and Conditions or to protect our rights; or (3) to protect the safety of members of the public and users of the Services.

PRIVACY OF CHILDREN
Our Site and our Services are oriented toward a general audience and intended to be accessed and utilized by adults only who are over the age of eighteen or the age of majority in the state of their residence.

Adwerx is committed to protecting the privacy of children. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices, and uses terms that are defined in our Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding children’s personal information. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

WE DO NOT KNOWINGLY SEEK OR COLLECT PERSONAL INFORMATION FROM USERS UNDER THE AGE OF 13. IF WE GAIN ACTUAL KNOWLEDGE THAT WE HAVE INADVERTENTLY GATHERED PERSONAL INFORMATION FROM A USER UNDER THE AGE OF 13, WE WILL PROMPTLY DELETE ANY AND ALL SUCH PERSONAL INFORMATION FROM OUR RECORDS.

PARENTAL RIGHTS
At any time, legal guardians can refuse to permit us to collect further personal information regarding their children between 13 years of age and 18, and can request that we delete from our records the personal information we have collected in connection with that account. Additionally, legal guardians can request to review personal information collected regarding their children between the ages of 13 and 18 at any time simply by making an email request to privacy@adwerx.com. We will not require a legal guardian to disclose more information than is reasonably necessary to provide the Services.

We use one method to allow parents to access, change, or delete the personally identifiable information that we have collected regarding their children:

  1. Parents can contact Customer Support to request changes, or deletions of their child’s personal information by sending an email to us at privacy@adwerx.com. A valid request to delete personal information will be accommodated within a reasonable time.

Any other inquiries may be directed to:

Adwerx, Inc.
Attn: Legal Department - Privacy
324 Blackwell Street
Suite 510
Durham, North Carolina 27701
United States of America

Phone: 888-746-5678 (US)

Email: privacy@adwerx.com

In any correspondence such as e-mail or mail, please include the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.

If you discover your child under the age of 13 has provided personal information to us without your consent, once we verify you are the child's legal guardian, we will promptly: (a) provide direct notice to you indicating what, if any, personal information of your child has been collected and how it has been used or disclosed; (b) remove and cease the use of your child's personal information or other information from our database and (c) by notice to you, confirm compliance with the foregoing.

SECURITY MEASURES
Adwerx user accounts are secured by user-created passwords. Adwerx takes reasonable security procedures, practices, and precautions to ensure that account information is kept private. Adwerx uses reasonable measures such as encryption to protect private information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Among these measures, when you enter sensitive information (such as a password) on our order forms, we encrypt the transmission of that information using secure socket layer (SSL) technology, which creates an encrypted connection between you and our systems. We utilize a third party payment processor to process payments, and we do not collect or store your credit card or debit card information. Please note that no method of electronic transmission or storage is 100% secure, however, and Adwerx cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Users are urged to also take precautions to protect their personal data by changing passwords often using a strong combination of letters and numbers, using passwords that are unique to this Site, not sharing log-in credentials with other parties, and using a secure web browser. For additional help with password security, we also recommend password management tools like 1Password and LastPass.

For any additional information about the security measures Adwerx uses on the Site, please contact us at privacy@adwerx.com.

HOW INFORMATION IS STORED AND HOW LONG IS IT KEPT?
Adwerx uses generally accepted industry security standards to store Site and Platform data. Non-PII stored in the Site or Platform is retained in non-aggregated form for up to 12 months. Aggregated data is used for reporting and analysis, and may be stored in the Platform for up to 2 additional years.

ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if your account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site or Platform and that that any closure of your account may involve deletion of any content stored in your account for which Adwerx will have no liability whatsoever. Adwerx, in its sole discretion and as permitted or required by law, may retain some or all of your account information.

INTERNATIONAL USERS
Adwerx is a website operated from the United States by a company headquartered in the United States. If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States and governed by applicable U.S. laws and regulations and this Privacy Policy. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

YOUR CALIFORNIA PRIVACY RIGHTS
California law permits certain users of our site who are California residents to request certain information regarding disclosure of personal information to third parties for such third parties' direct marketing purposes during the past year. You may make such a request by writing to us at:

Adwerx, Inc.
Attn: Legal Department - Privacy
324 Blackwell Street
Suite 510
Durham, North Carolina 27701
United States of America

Phone: 888-746-5678 (US)

You may also email us at: privacy@adwerx.com.

Please include the full name and contact information for your Adwerx account in your request, and include the statement “Your California Privacy Rights” in the subject field of your letter or email. Please allow thirty (30) days for a response.

CHANGES IN OUR PRIVACY POLICY
From time to time Adwerx may make changes to our Privacy Policy. The most recent version of the Privacy Policy will be posted on our Site, with the "Revised Date" posted at the top of the Policy. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the Revised Date of the Privacy Policy will change. If we make a significant or material change in the way we use your PII, we will post a more prominent notice (including, for certain services, email notification of privacy policy changes where possible) in advance of any such change for thirty (30) days where feasible. A user is bound by any minor changes to the Privacy Policy when she or he uses the Site after those changes have been posted.

CONTACTING THE WEB SITE
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: privacy@adwerx.com. Physical inquiries can be sent to the following address:

Adwerx, Inc.
Attn: Legal Department - Privacy
324 Blackwell Street
Suite 510
Durham, North Carolina 27701
United States of America

Phone: 888-746-5678 (US)

Email: privacy@adwerx.com

DISPUTES
Any disputes regarding this Privacy Policy are subject to our Terms and Conditions and will be governed by the laws of the State of North Carolina, applicable to agreements made and performed there.

© 2020 Adwerx, Inc. All rights reserved.

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