CLINCH PRIVACY POLICY
IMPORTANT: BY USING CLINCH US
INC.'S ("COMPANY", "CLINCH" OR "WE")
SOLUTION OR THE DASHBOARD, FEATURES AND SERVICES THEREIN (THE "CLINCH
SOLUTION") OR INTERACTING/VIEWING WITH ADVERTISEMENTS/CONTENT
GENERATED THEREFROM (ALL OF THE FOREGOING COLLECTIVELY REFERRED TO AS THE "SERVICES")
YOU ("YOU") CONSENT TO THE TERMS AND CONDITIONS OF THIS
PRIVACY POLICY AND CONSENT THAT CERTAIN INFORMATION ("PII")
THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED/USED THROUGH THE SERVICES MAY
BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE
PURPOSES DESCRIBED IN THIS PRIVACY POLICY.
"Company", "Clinch" or "We",
as used in this policy, means: (i)
if your are based in the US or North America, Clinch
US Inc., and (ii) if you are based outside of the US or North America, Clinch
Labs Ltd.
WE
DEFINE "PII" TO MEAN ANY
INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON; AN
IDENTIFIABLE NATURAL PERSON IS ONE WHO CAN BE IDENTIFIED, DIRECTLY OR
INDIRECTLY, IN PARTICULAR BY REFERENCE TO AN IDENTIFIER SUCH AS A NAME, AN
IDENTIFICATION NUMBER, LOCATION DATA, AN ONLINE IDENTIFIER OR TO ONE OR MORE
FACTORS SPECIFIC TO THE PHYSICAL, PHYSIOLOGICAL, GENETIC, MENTAL, ECONOMIC,
CULTURAL OR SOCIAL IDENTITY OF THAT NATURAL PERSON.
YOU
ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, SOME OF THE SERVICES
REQUIRE YOU TO DO SO PURSUANT TO THIS PRIVACY POLICY. IN THESE CASES, IF YOU
CHOOSE TO WITHHOLD OR DELETE ANY PII REQUESTED BY US, IT MAY NOT BE POSSIBLE
FOR YOU TO ACCESS CERTAIN SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
We recognize that privacy is important. This policy applies to all
of the services, information, tools, features and functionality available on
the Services offered by the Company or its subsidiaries or affiliated companies
and covers how PII that the Company collects and receives, including in respect
of any use of the Services, is treated. If you have any questions about this
policy, please feel free to contact us at: privacy@clinch.co.
In light of the importance of privacy, the Company stays updated
regarding privacy laws and regulations and accordingly went through Regulation (EU) 2016/679 (General Data
Protection Regulation) (“GDPR”) and California Consumer Privacy Act of 2018
(“CCPA”) readiness process.
The summary of Company’s processing activities pursuant to the
GDPR is as set froth below. The rights of data
subjects pursuant to the GDPR are set forth in Section 9 below. Company
transfers PII pursuant to the GDPR as set forth in Sections 5 and 12 below.
The rights of California residents under the CCPA are set forth in
Section 14 below.
Clinch participates in the IAB Europe Transparency &
Consent Framework (TCF) and complies with its Specifications and Policies.
Clinch’s vendor id number within the framework is 767. Please also read
Clinch's Terms of Use at: https://clinch.co/pages/tou.html, which describes the terms under which you use our Services.
PII We Collect. In order
to provide and improve our Services, we may collect your user information. In
addition, we may collect communications you send us and aggregate data. We also
automatically collect and record PII through your use of the Services such as
your IP address, cookie information, type of browser and technical information
regarding the method and nature of your use of the Services. At any time, you
may opt-out from receiving newsletters and promotional communications from us.
How We Use Your PII. We use
your PII for purposes such as, to learn how to adjust and personalize your use
of the Services, to gather broad demographic information, to
understand the usage trends and preferences of our users, for providing
targeted ads/interest based ads, cross-app advertising.
Cookies
and Web Beacons. We use cookies to collect the information
described in this Privacy Policy, to manage and maintain the Services and to track
your use of the Services.
We may also use web beacons.
Links. The
Services may contain links to other services, sites and applications that are
subject to their own privacy and data protection policies.
Children. We do
not intend to collect PII from anyone we know to be under 13 years old. If you
believe that we might have collected such information, please contact us.
PII
Sharing. We grant access to your PII to our
affiliates, agent representatives and third party providers.
In addition, we may share your PII if required for the provision, maintenance
and improvement of the Services; to satisfy applicable law; when permitted by you; to prevent fraud or
harm; for
processing PII on our behalf; or in the event of a merger, acquisition or other
structural change or form of sale of part or all of our assets.
PII Security. We
follow generally accepted industry standards to protect against unauthorized
access, alteration, disclosure or destruction of your PII, however, we cannot
guarantee its absolute security. We keep your PII only for as long as
reasonably necessary to fulfill a legitimate business need or to comply with
any applicable legal or ethical reporting or document retention requirements.
Data Integrity. We
process PII only for the purposes for which it was collected and take
reasonable steps to ensure that the PII we process is accurate, complete and
current. However, we depend on you to rectify your PII when necessary.
Automated Decision-Making and Profiling. In order to provide the Services, we use automated decision-making
and profiling.
Your Rights. At any
time, you may contact us and request to exercise your rights in accordance with
applicable law. For more details, see Section 9 below.
Enforcement. We will
cooperate with the appropriate regulatory authorities to resolve any formal
written complaints regarding processing of PII that cannot be resolved between
us and the complaining individual.
Consent to Processing and
Transferring of PII. Your PII may be stored and processed in
a country outside the country of your residence or from which you access the
Services. Transfers of your PII outside the European Economic Area will comply
with applicable laws.
California Residents. California residents have specific rights
under the California Consumer Privacy Act. For more details, see Section 14 below.
Do Not Track Notices. We do not respond to Do Not Track signals.
Opt-Out. If you prefer not
to receive interest-based advertising, you can opt-out from such feature.
For more details, see Section 16 below.
Clinch Solution
Users/Corporate Clients. If you are a Clinch Solution User/Corporate Client we may
collect additional types of PII for registration purposes and for
provision of the Services: name, email address, job title and phone number. For more details, see Section 17 below.
1. PII We Collect and How We Use It. In order to provide and improve our Services, we may
collect the following types of PII:
1.1. User Information. When you
use our Services, we may automatically receive and record information from your
device and browser, including information and statistics about your online
status, your IP address, any type of device advertising ID (like IDFA/ADID),
cookie information, browser ID, device ID, your regional and language settings,
the physical location of your device (if you have permitted
your location-aware device to transmit location data) – location data is
used in real-time but not stored, network status (WiFi/ cellular carrier), and software and hardware
attributes. We may use your location (country, city, ZIP) (if you have permitted your location-aware device to transmit
location data) to learn how to adjust and personalize your use of the
Services. Our systems may automatically record and store technical
information regarding the method and nature of your use of the Services,
including without limitation which pages of the Services our visitors view and
impressions. An IP address is a numeric code that identifies your device on a
network, or in this case, the Internet. Your IP address is also used to gather
broad demographic information, such as gender, age range. The Company uses
all of the PII that we collect/use to understand the
usage trends and preferences of our users.
1.2. Third Parties. Clinch may
collect/use PII about you from third parties, such as social media platforms
and online publishers. We sometimes supplement the PII that you provide with PII
that is received from third parties.
1.3. Advertising. We may use your PII
for providing targeted ads/interest based ads,
cross-app advertising and ad delivery and reporting.
If you are a Clinch Solution user, please scroll down
to Section 17 below entitled "Clinch Solution Users/Corporate
Clients" for additional types of PII and its use.
2. Cookies. In order to collect/use the data described herein we may use
temporary cookies that remain on your cookies file on your browser for a
limited period of time. We may also use persistent cookies that remain on your
cookies file on your browser until the cookies are removed via your browser's
settings, in order to manage and maintain the Services
and record your use of the Services and content you may have gained access to.
Cookies by themselves cannot be used to discover the identity of the user. A
cookie is a small piece of information which is sent to and stored on your
computer. Cookies do not damage your computer. Most
browsers may allow you to block cookies but
you may not be able to use some features on the Services if you block them. You
may set most browsers to notify you if you receive a cookie (this enables
you to decide if you want to accept it or not).
We may also use web beacons via the Services to
collect/use PII. Web beacons or "gifs", are electronic images that
may be used in our Services. We use Web beacons to deliver cookies and to count
visits. We also use third party (including Facebook, see their Data Policy), technologies, such as cookies and web
beacons and various third party providers to process and analyze your PII and
provide targeted ads/interest based ads, including without limitation tracking
your use of the Services and elsewhere on the internet. Our systems use
cross-device linking technologies in order to provide targeted ads/interest based ads to the same user across different
devices, applications and sites.
If you wish to opt-out of the Services, you may do
so Here. If you wish to opt-in again in
order to receive a better targeted and personalized ad experience, you may do
so Here
You may opt-out of Facebook ad-targeting as follows: go
to http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.
3. Links. Links to
third party services/sites (including advertisers) and applications may be
provided by the Company as a convenience to our users. The Company is not
responsible for the privacy practices or the content of other sites and
applications and you visit them at your own risk. This privacy statement
applies solely to PII collected/used by us.
4. Children. The Services are not
intended or designed to attract children under the age of 13. The Company will
not knowingly contact or engage with children under the age of 13 without said
parental consent and do not intentionally gather, collect/use or share PII from
children under the age of 13. If you have reason to believe that a child
has provided us with their PII, please contact us at the address given above and
we will endeavor to delete that PII from our databases.
5. PII Sharing. Except for
de-identified and aggregate information, which we control, we are merely the
processors of your PII on behalf of advertisement brokers, publishers and
advertisers who serve the advertisements with which you interacted on the
Services (e.g. by personalizing creative based on PII).
They collect/use and process your PII. We require them to do so in accordance
with applicable law, but we do not control their actions and therefore you are
advised to review their privacy policies. As part of providing the Services,
our affiliates, agents representatives and third party
providers may have access to your PII. The Company may also share PII in the
following circumstances: (a) as required for the provision, maintenance and
improvement of the Services; (b) when permitted by you; (c) if we become
involved in a reorganization, merger, consolidation, acquisition, or any form
of sale of some or all of our assets; (d) to satisfy applicable law or
prevention of fraud or harm or to enforce applicable agreements and/or their
terms, including investigation of potential violations thereof; (e) to ensure
security and for purposes of debugging; and/or (f) for processing the PII on
our behalf. We require that our affiliates or other trusted businesses or
persons processing the PII on our behalf agree to process such PII based on our
instructions and in compliance with this policy and any other appropriate
confidentiality and security measures.
6. PII Security and Retention. We follow generally accepted industry standards to protect
against unauthorized access to or unauthorized alteration, disclosure
or destruction of PII. We keep your PII only for as long as reasonably
necessary to fulfill a legitimate business need or to comply with any
applicable legal or ethical reporting or document retention requirements. We
retain advertising-related user PII, as mentioned in Section 1.2.1 above, for
up to sixty (60) days from the last time we encountered a user. Cookies set via
the Services expire within thirteen (13) months.
7. Automated Decision-Making and Profiling. In order to provide the Services, we
use automated decision-making and profiling.
8. Data Integrity. The
Company processes PII only for the purposes for which it was collected/used and
in accordance with this policy or any applicable service agreements. We review
our data collection/usage, storage and processing
practices to ensure that we only collect/use, store and process the PII needed
to provide or improve our Services. We take reasonable steps to ensure that the
PII we process is accurate, complete, and current, but we depend on our users
to update or correct their PII whenever necessary. Nothing in this policy is
interpreted as an obligation to store PII, and we may, at our own discretion,
delete or avoid from recording and storing any and all
information.
9. Your Rights.
9.1
Right of
Access and Rectification.
You have the right to know what PII we collect about you and to ensure that
such data is accurate and relevant for the purposes for which we collected it.
We allow our users the option to access and obtain a copy of their PII and to
rectify such PII if it is not accurate, complete or updated. However
we may first ask you to provide us certain credentials to permit us to identify
your PII.
9.2
Right to
Delete PII or Restrict Processing. You have the right to delete your PII or restrict its processing.
We may postpone or deny your request if your PII is in current use for the
purposes for which it was collected or for other legitimate purposes such as
compliance with legal obligations.
9.3
Right to
Withdraw Consent. You have the
right to withdraw your consent to the processing of your PII. Exercising this
right will not affect the lawfulness of processing your PII based on your
consent before its withdrawal.
9.4
Right of
Data Portability. Where
technically feasible, you have the right to ask to transfer your PII in
accordance with your right to data portability.
You may
exercise the above rights by sending a request to privacy@clinch.co.
9.5
Right to Lodge Complaint. You also have the right to lodge a complaint
with a data protection supervisory authority regarding the processing of your PII.
10. Enforcement. The
Company regularly reviews its compliance with this policy. Please feel free to
direct any questions or concerns regarding this policy or our treatment of PII by
contacting us as provided above. When we receive formal written complaints it is the Company's policy to contact the
complaining user regarding his or her concerns. We will cooperate with the
appropriate regulatory authorities, including local data protection
authorities, to resolve any complaints regarding the transfer of PII that
cannot be resolved between the Company and an individual.
11. Changes to This Privacy Policy. The Company may update this policy. We will
notify you about significant changes in the way we treat PII by sending a
notice to the primary email address specified in your account or by placing a
prominent notice on our website. We encourage you to periodically review this
policy for the latest information about our privacy practices.
12. Consent To Processing. By
providing any PII to us pursuant to this Privacy Policy, all users, including,
without limitation, users in the United States, Israel
and member states of the European Union, fully understand and unambiguously
consent to this Privacy Policy and to the collection and processing of such PII
abroad. The server on which the Services are hosted and/or through which the
Services are processed may be outside the country from which you access the
Services and may be outside your country of residence. Some of the uses and
disclosures mentioned in this Privacy Policy may involve the transfer of your
PII to various countries around the world that may have different levels of
privacy protection than your country and may be transferred outside of the
European Economic Area. If there is a transfer of your PII outside the EEA we
will, in the absence of an EC Adequacy decision relevant to the destination
country or to the transfer, seek to rely on appropriate safeguards such as a
valid Privacy Shield certification (in the case of a data transfer to a Privacy
Shield certified US recipient): https://www.privacyshield.gov/welcome), or enter into appropriate EC approved
standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).
By submitting your PII through the Services,
you consent, acknowledge, and agree that we may collect, use, transfer, and
disclose your PII as described in this Privacy Policy.
13. Questions. If you
have any questions about this policy or concerns about the way we process your PII,
please contact us at info@clinch.co. If you wish to delete all PII regarding your use of the
Services, please contact us at: privacy@clinch.co.
14. California Residents. California
residents have specific rights under the CCPA. For more information and
to exercise your rights, please see the Privacy Notice for California Residents
here: PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
15. Do Not Track Notices. You are also advised that
Company does not respond to "Do Not Track" signals.
16. Opt-Out.
16.1. Clinch Opt-Out Mechanism.
If you prefer not to receive interest-based advertising, you can opt-out here. If you do opt-out, Clinch will set a cookie on your browser that
tells Clinch not to tailor ads to your interests. Opting-out
does not mean you will not be served advertisements by Clinch, but the
advertisements we serve will be less relevant to your interests (although they
are optimized based on statistics). Please note that the opt-out cookie only
applies to the computer and browser where it is set.
16.2. TCF (Transparency & Consent Framework) Mechanism. Clinch participates in the IAB Europe Transparency & Consent
Framework and honors the consent/opt-in data downstreamed
according to the framework specification.
16.3. Mobile Opt-Out. You may
also limit ad tracking in mobile app environments on your device. For the most
effective and up-to-date methods for doing so, you may consult https://www.networkadvertising.org/mobile-choice.
17. Clinch Solution Users/Corporate Clients. If you are a Clinch Solution User/Corporate Client we may collect additional types of PII and use it as
set forth below:
17.1. PII You Provide. We may collect/use the following PII for registration
purposes and for provision of the Services: name, email address, job title and
phone number.
17.2. User Communications. When
you send communications to the Company, we may retain those communications in order to process your inquiries, respond to your requests
and improve our Services. We may send you messages and other communications
regarding news and updates in respect of the Services. We may also send you
newsletters and promotional communications, you may opt-out of this service at
any time by submitting a request at the following link: privacy@clinch.co.
17.3. Aggregate and Analytical Data. In an ongoing effort to
better understand and serve the customers of the Services, Clinch may compile
and analyze aggregated data generated from the Services in
order to improve and personalize the Services including for the benefit
of the Clinch Solution users. We may share this aggregate data with our
affiliates, agents and business partners. This
aggregate information does not identify you or any other individual personally.
We may also disclose aggregated user statistics in order to
describe our services to current and prospective business partners, and to
other third parties for other lawful purposes.
Last Date Updated: May 3, 2020.
