CLINCH PRIVACY POLICY
IMPORTANT:
BY USING CLINCH’S (DEFINED BELOW) SOLUTION OR THE DASHBOARD, FEATURES AND
SERVICES THEREIN (THE "CLINCH
SOLUTION") (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 ALL
PII (DEFINED BELOW) THAT YOU SUBMIT OR THAT IS PROCESSED OR COLLECTED/USED
THROUGH OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL 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 you
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.
Company is a controller of the PII it processes
in relation to its customers, vendors, service providers or partners. When
Company processes PII on behalf of its customers (e.g. regarding generated ads
and content and campaigns), Company is a data processor under the GDPR, to the
extent applicable. In that case, Company’s customer will be a data controller
under the GDPR, and will be responsible to obtain the data subject’s consent or
establish any other applicable lawful basis for processing and to ensure that
data subjects can exercise their rights set forth in Section 9 below.
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 forth 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 user information. In addition,
we may collect communications you send us and aggregate data. We also
automatically collect and record PII through use of the Services such as IP
address, cookie information, type of browser and technical information
regarding the method and nature of the 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 PII for purposes such as, to
learn how to adjust and personalize 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 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 PII to our affiliates, agent representatives and third party providers. In addition, we may share 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 PII, however, we cannot
guarantee its absolute security. We keep 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 for the
following purpose: to decide, based on the profiling of your interests and
other PII, if an advertisement will be shown or not , and what content it will
include.
Your Rights. At any time, you may contact us and
request to exercise your rights in accordance with applicable law. If you are a
data subject who interacted with one of our advertisements, you will need to
contact the controller on behalf of whom we placed the advertisement. 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. PII may be stored and
processed in a country outside the country of the data subject’s residence or
from which there’s access to the Services. Transfers of 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 data
subjects prefer not to receive interest-based advertising, they 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 a the data
subject uses our Services, we may automatically receive and record information
from the data subject’s device and browser, including information and
statistics about the data subject’s online status, IP address, any type of
device advertising ID (like IDFA/ADID), cookie information, browser ID, device
ID, regional and language settings, the physical location of the data subject’s
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 the data subject’s location (country, city, ZIP) (if the
data subject have permitted location-aware
device to transmit location data) to learn how to adjust and personalize
the data subject’s use of the Services. Our systems may automatically
record and store technical information regarding the method and nature of the
data subject’s 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 the data subject’s device on a network, or in this case, the
Internet. An 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 the data subjects.
1.2. Third Parties. Clinch may collect/use PII about the
data subjects from third parties as follows:
1.2.1. Identity and cross device
providers in order to build de-identified behavioral
graphs.
1.2.2. Data management platforms in
order to enrich and augment data subject’s data for ad decision making
1.2.3. Conversions & Attribution
providers, in order to measure campaigns and ads
effectiveness as well as ad decisions.
1.3. Advertising. We
use 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 use temporary cookies that remain on the
data subject’s cookies file in the browser for a limited period of time. We also
use persistent cookies that remain on the data subject’s 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 the data
subject may have gained access to. Cookies by themselves cannot be used to
discover the identity of the data subject. A cookie is a small piece of
information which is sent to and stored on the data subject’s computer. Cookies
do not damage the data subject’s computer. Most browsers allow the
data subject to block cookies but the data subject may
not be able to use some features on the Services if it blocks them. The data
subject may set most browsers to notify it if cookies are received (this
enables the data subject to decide if it wants 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 the data subject’s 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 the data subject’s PII. We require them to do so in
accordance with applicable law, but we do not control their actions and
therefore the data subjects 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 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 for the following purpose: to decide, based on
the profiling of your interests and other PII, if an advertisement will be
shown or not , and what content it will include.
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. Rights
of Data Subjects.
9.1
Right of Access and
Rectification. Data subjects have the right to know
what PII we collect about them and to ensure that such data is accurate and
relevant for the purposes for which we collected it. We allow data subjects 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 data subjects to provide us certain
credentials to permit us to identify their PII.
9.2
Right to Delete PII or Restrict Processing. Data subjects have the right to delete their PII or restrict its
processing. We may postpone or deny such request if the 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. Data subjects have the right to withdraw their consent to the
processing of their PII. Exercising this right will not affect the lawfulness
of processing the PII based on consent obtained before its withdrawal.
9.4
Right of Data
Portability. Where technically feasible, data
subjects have the right to ask to transfer their PII in accordance with their right
to data portability, if required pursuant to applicable law.
Data Subjects may exercise the above
rights by sending a request to privacy@clinch.co.
9.5
Right to Lodge Complaint. Data subjects also have the right to lodge a complaint with a data
protection supervisory authority regarding the processing of their
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. Our customers and business partners will be notified of such
changes and are responsible to inform their data subjects.
12. Legal Justification and Consent To
Processing.
12.1.
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 involve the transfer of your PII to various countries
around the world that may have different levels of privacy protection than your
country and will 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 entering 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 will collect, use, transfer, and disclose your PII as described in this
Privacy Policy.
12.2.
When
Company processes PII on behalf of its customers (e.g. in connection with ads
and campaigns), Company is a data processor. In that case, Company’s customer
will be a data controller, and will be responsible to obtain the data subject’s
consent or establish any other applicable lawful basis for processing and we
rely on our contractual relationship with the controller (i.e. our customer/ business
provider) and in respect of all chargeback responses that have already been
submitted we rely on a legitimate interest, which is to pursue a diligent
investigation and review of the data subject’s chargeback request and process
of handling that request by the relevant businesses.
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. Please note that
Company is not the ‘Business’ as
defined under the CCPA but rather a ‘Service Provider’ and therefore the
‘Business’ is responsible for ensuring that such rights can be exercised by
consumers.
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. Data subjects who prefer not
to receive interest-based advertising, can opt-out here. If a data subject opts-out, Clinch will set a cookie on its
browser that tells Clinch not to tailor ads to its interests. Opting-out does not mean the data subject will not be served
advertisements by Clinch, but the advertisements we serve will be less relevant
to its 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
from the advertiser and publishers digital assets (websites) according to the
framework specification.
16.3. Mobile Opt-Out. Data subjects may also limit ad
tracking in mobile app environments on their devices. 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: March 14, 2021.
