Privacy Policy

Click Here to Opt-Out of Interest-Based Advertising

We, at the Tremor Group Companies (Tremor International Ltd, Tremor Video, Inc., Unruly, LLC formally known as RhythmOne, LLC, Unruly Group Ltd, “Company” or “we”, “us” or “our”), understand that your privacy is important to you.  We use advertising cookies and similar tracking technologies (such as SDKs or pixel tags) to automatically collect information about your device (such as your computer, mobile device or Smart-TV) and related activities on certain websites or platforms to send you targeted ads. You may always opt out of our targeted advertisements by clicking on the opt-out button on the relevant device. Such opt-out will affect only the device where you have made that selection. After you opt out, Tremor will no longer collect this information to deliver targeted ads on such device. Ads may continue to be served based on information available in the Internet environment, such as the content of a web page, browser type, time of day and operating system. If you have opted out of Tremor advertising cookies and other similar tracking technologies on a device and subsequently delete the “opt out” cookie from your browser on such device, change your browser, or buy a new computer/device, you will need to repeat this process and opt out again.

Contact Us: privacy@tremorinternational.com

Last Updated September 23, 2022

We, at the Tremor Group Companies (Tremor International Ltd, Tremor Video, Inc., Unruly, LLC formally known as RhythmOne, LLC, Unruly Group Ltd, “Company” or “we”, “us” or “our”), understand that your privacy is important to you. This privacy policy (the “Privacy Policy”) explains how we collect, use, and disclose information collected through our web-based, connected-TV and mobile-based advertising services, as well as the Sites listed below. This policy does not apply to any entities that the Company does not own or control. For information about how we collect and use information through our corporate websites, including www.tremorinternational.com, www.tremorvideo.com, www.unruly.co and www.www.rhythmone.com (collectively, the “Sites”), please scroll down to Section 9 titled “PRIVACY INFORMATION FOR THE COMPANY CORPORATE WEBSITES.” If you’d like to opt-out from having ads tailored to you by Company (whether through web or mobile delivery mechanisms), please follow the instructions in Section 6 (“Your Choices”) below.

1. The Company Platform

Company operates several platforms and services that comprise our “Services.”  These include the Unruly Platform (formally known as RhythmOne Platform), Tremor Video DSP, and Unruly DMP.

As further described below, through our Services, we work with websites, web services, content publishers, mobile applications, and various platforms (like connect TV platforms) that provide services for those types of organizations, in particular to help them display personalized and more engaging ads on their properties. In many cases, providing personalized ads help businesses of all sizes (including small and mid-sized businesses) to get their name out, and also help website operators, content publishers, app developers and platform owners to subsidize the cost of their content – often, allowing them to provide consumers with some or all of their content for free.  We also work with advertisers (and their service providers) – brands, retailers, entertainment companies, non-profits and others – to help them advertise in a way that is efficient and relevant to both them and the consumer.   We use data in a variety of ways to help support these businesses, and likewise provide a variety of ways for consumers to control how data is used to market to them.  The purpose of this Privacy Policy is to explain what that data is, how it is used, and what those choices are.

2. The Information We Collect and Use In Providing Our Services

We are able to help advertisers as well as publishers provide more relevant content and targeted advertising by collecting certain information about you, including when you interact with our Services.  This may include your interactions with our customers, which include:

(a) advertisers and other ad partners (collectively, “Advertisers”) to show you ads that we think may interest you, on our Services and on other companies’ websites, apps, and devices; and

(b) publishers, app developers and other customers who operate connected TVs (CTV), web and mobile apps or other online services (collectively, “Publishers”).  

In this Privacy Policy, when we use the term “Customers”, we are referring to both Advertisers and Publishers, as described above.  

Sometimes we work with other marketing or advertising services, demand partners, service providers or data platforms who provide certain services (such as measurement and analytics solutions) to us as well as Customers:  we refer to these companies as “Partners.”

We (or our Customers or these Partners) may provide relevant content and targeted advertising to consumers by using automated technologies such as cookies, including non-HTTP cookies, pixel tags, mobile identifiers and SDKs, each of which we describe below, and in Section 3 below titled, “Cookies, Pixel Tags, SDKs and Similar Technologies?”.   These technologies often generate or collect unique identifiers, such as cookie IDs or mobile advertising IDs.

We describe below these and other categories of information that we receive from consumers’ operating systems, browsers and devices, as well as from Customers, Partners, advertising platforms and networks, and data resellers.  (Some companies may fit into more than one such category.)  We have tried to describe the information that we collect or receive in a way that is easy to understand: 

a.    Information that you provide to us directly

We collect certain information that you provide to us, including your contact information and information – for example, when you visit our Sites or when you contact us.

You may also interact with and provide information to us in other ways, including but not limited to when you complete a survey, enter a contest, giveaway, or sweepstakes, choose to hear from us or participate in our marketing or promotion campaigns. When you do so, we collect the information you provide to us, for example your contact information.

If you submit to us a request to access or delete your information, we will collect your contact information and other information, as needed to respond to your request.

b. Identifiers automatically collected from website and app sources,
whether directly or through other content and information platforms, including:

• Online cookie IDs;
• Mobile advertising identifiers (e.g., IDFAs, Ad IDs) and other mobile device or browser identifiers;
• IP addresses;
• Wi-Fi access points;
• Product model numbers;
• Chipset IDs; and
• Identifiers related to the device used, such as connected TVs (e.g. name of device and any “friendly name” assigned by you to the device).

We refer to all of the above as “IDs“

c.    Online usage information or “log” information

We collect data about your interactions with our Sites and the Services. Such data is generally related to the above IDs and include:

• Language and region settings;
• Data related to or describing a web browser, operating system, and device, such as the name and version of your browser, as well as hardware and software version of the app;
• Connection data, including (as described above) current IP address, from which location may be inferred;
• Online usage data including websites visited, websites visited prior to a web visit, date/time stamp;
• Information related to interactions with ads and marketing, such as consumer engagement with an ad (i.e. ads that you view and click on);
• Information related to interactions with websites, such as whether a consumer was “referred” through another website or a shared link;
• TV viewership data (including information about the content and programs viewed, and amount of time spent viewing Smart TV content, as further described in Section 2 on “Viewing Data” below); and
• We may link any of the above to our own or our Partners’ and Customers’ IDs.

We receive the above information from Customers and Partners, advertising platforms and networks, and data resellers.  (Some companies may fit into more than one of those categories.)

d.    Demographic and Interest-Based Information

• We may collect, use, or create “audience segments” (also referred to as “data segments), which are generally used to tailor advertising and marketing to consumers and to analyze consumer interaction with such ads.  Audience segments are interest-based or demographic-based groupings of large numbers of users, generally in aggregated form, tied to the above IDs.  For instance, an inference that Ad ID X35%979J is interested is “Sports” might be drawn from the fact that the browser often views sports-related content.  Or, an inference that Cookie ID 4Qj7e9!x may be interested in a new car may be drawn from the corresponding browsers frequent search of new automobile reviews.   (Actual IDs are generally much longer strings of code; the above are simply used for illustration.)  
• Sometimes these inferences are made from “offline data” that is coded and linked to cookies and IDs (and further linked to our own cookies and IDs) by Partners that create “hashed” (coded) values to replace “real-world” identifiers such as email addresses. 
• Sometimes these inferences are made from demographic information (“protected classifications” for purposes of the California Consumer Privacy Act), such as gender or age, or inferred income level.
• Sometimes, these audience segments are associated with the likelihood to have a particular health condition.   A list of our standard health segments is here. (We endeavor to update the list frequently, but the list may not be current to the precise date.)   In addition, we may sometimes create “custom” health-related segments, or work with Customers or Partners who use such segments.  Those “custom” segments change over time, but a representative sample is included. Note that such information is only collected/processed at an aggregate level and solely in the U.S. and Canada.  

e.    Transactional information from our Customers

Our Customers may provide us with their own proprietary or licensed information, including “audience segments” described above, to help us better perform or deliver our Services.

f.    Geolocation Information

The mobile information we collect or receive from our Partners and Customers also may include geolocation information, which may be precise, that may help us or our Customers to target ads or tailor content to your precise location. For instance, if we believe that you are often near a particular store in Northern New Jersey, we might send you an ad targeted to that store, rather than another store in the general area.

g.    Viewing Data

We provide advertising services to certain Smart TV and connected devices (like Hisense and VIDAA Smart TVs), which like many inter-connected TVs, are equipped with Automatic Content Recognition (“ACR”) functionality that (when enabled) enable us to collect certain information from the device in order to provide personalized advertising based on the content, programs or ads watched on those devices and other devices with the same IP address, or browsers.

What is Viewing Data?

When enabled on the Smart TV device, Tremor will use audio-based ACR technology to collect information about the  programming content (e.g. TV channels and shows, movies, and advertisements watched)  playing on the device, including content from any media players, gaming consoles, over the air broadcast, or other audiovisual sources playing through the Smart TV. We call this information the “Viewing Data” and this also includes information such as timestamp, IP address, and Smart TV device identifier.

The ACR technology captures a “fingerprint” from the Smart TV, and the fingerprint is mapped against a content and ad catalog to identify content that was played through the TV. Content or ad ID, IP address, device ID, and other metadata are appended to the audio fingerprint. These identifiers are ingested into Tremor’s platform and mapped to a Household ID, and then aggregated, and deduplicated against other data sources.  The ACR process will associate the data collected with the device’s IP address, but otherwise does not collect, store, or transfer any directly identifiable personal information, audio, or video from this device.

 For example, we may collect TV viewing information such as the programs, commercials, and channels you view, the date, time and duration of the viewing. It may also include information about the TV or display, including IP address and SmartTV device ID.

How is Viewing Data used and shared?

• To create audience segments: We use Viewing Data, such as the content, programs or ads watched on your Smart TV, to include you and your household in relevant audience segments for interest-based advertising, as described below. A segment is a grouping of consumer profiles by one or more attributes (e.g. food fans, sports enthusiasts, sitcom fans, etc.). Individuals are identified by a digital identifier (like an IP address) in these segments but are not identifiable by name or other personal information that directly reveals their identity. We also share these audience segments with our Partners for their own purposes, including to enable their interest-based advertising activities.

• Targeting Personalized Ads: We use Viewing Data to help us, and our Partners, target and show you personalized ads that we think may interest you or other members of your household (a practice known as “interest-based advertising“) across your devices, based on the audience segments created from your Viewing Data (as described above). These ads may be shown to you on your Smart TV or other linked devices sharing the same IP address.

• Audience Measurement: We use Viewing Data and may share it with advertising measurement providers to help us and our Partners understand the effectiveness of ad campaigns, including the audience that saw their ads and how they responded. These measurement providers collect or receive information such as the creative and placement ID, IP address, and whether you viewed or interacted with an ad.

• Linking devices for household targeting: With the assistance of our third-party service providers, we use the IP address collected from your Smart TV to identify “households” (a group of linked devices sharing the same IP address broadcast by a modem). This allows us and our Partners to deliver personalized advertising to you and other members of your household across various devices (such as mobile phones and tablets) and browsers based on audience segments associated with your household. If you do not enable or otherwise if you opt-out of personalized advertising on your Smart TV, we will no longer collect and use your Smart TV IP address to identify your household for personalized advertising purposes. However, once you opt out of personalized advertising, you may continue to see personalized advertising on devices that were previously targeted on the basis of Viewing Data that was shared when personalized advertising was still enabled on your Smart TV, prior to the opt-out.

• Our Partners: More information about each of our Partners and how they may use data about you and your household is available at: https://tremorinternational.com/acrpartners/

How can I turn OFF or ON the Viewing Data (ACR) feature?

The option to enable ACR (and related functionality) is presented during the initial setup of the Smart TV and can also be accessed at any time via the Settings of the Smart TV. You can disable ACR (and related functionality) at any time via the Settings of the Smart TV. Turning the Viewing Data feature off or on will affect only the Smart TV where you have made that selection. Please refer to the device’s Privacy Notice and the Enhanced Viewing Service Privacy Notice of your Smart TV for more information on Viewing Data and your choices.

h.    Further Description of Technologies

For additional explanation of the technologies through which IDs and other data are collected, please see Section 3 further below regarding cookies, pixel tags and SDKs.  We may use cookies, pixel tags, SDKs and similar technologies to collect the above information, or to associate certain types of information with each other.

e. Information collected from other sources

We also may obtain other behavioral and demographic data from trusted third-party data sources. We may use this data to draw inferences about your preferences, choices, and interests to provide you with customized ads about products and services tailored to your individual interests. We may collect and combine information about your online activities over time and across devices, apps, websites and online services to provide you with customized ads.

3. Cookies, Pixel Tags, SDKs and Similar Technologies

The Company (along with our Partners and Customers) uses a variety of technology to collection information.  These are listed and described below.

a.    Pixels

A tracking “pixel” is a transparent graphic image (usually a 1 x 1 pixel) that is placed on a web page and allows for the collection of information regarding the use of the web page that contains the tracking pixel. Company collects technical and usage information through the use of tracking pixels.

b.    Cookies

A “cookie” is a string of stored code used by a website to send some data to a user’s device.  Depending on the settings of the device or web browser this data may be stored on the user’s device so that the device can later return that data to the same website.  Cookies can be used with online services, such as websites, email deliveries or advertising technologies, to recognize an Internet or mobile-connected device that they have encountered before.  We use cookies to, among other things, “remember” you, track user trends, and collect information about how you use our Customer’s sites or interact with the advertising we (or others) deliver on their behalf. We likewise use cookies to provide relevant content to you and replace non-relevant ads with ads that better match your interests.   We also use cookies when you visit our corporate Sites.

c.      Mobile Device Identifiers and SDKs

We also sometimes use, or partner with Publishers or Publisher-facing and app developer platforms that use mobile SDKs to collect information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), and information connected to how mobile devices interact with our Services and those using our Services. A mobile SDK is the mobile app version of a pixel tag or beacon (see “Pixels,” above).  The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services to be implemented. We may use this technology to deliver certain advertising through mobile applications and browsers based on information associated with your mobile device. If you’d like to opt-out from having ads tailored to you in this way on your mobile device, please follow the instructions in Section 6 (“Your Choices”) below.

d.      Third Party Suppliers and Vendors

The Company works with third party technology or service providers that provide us with hosting, serving, general campaign or site analytics, ad serving data, or demographic and other audience data about the use and viewership of our Customers’ advertising, or websites that display that advertising on Publishers we work with. Such third-party providers may utilize pixels, cookies, flash cookies, web beacons and/or similar technologies that may be activated when our advertising Customers’ advertisement is encountered on a Publisher. In all instances where the use, collection and disclosure of information is by one of these third-party providers, their privacy policies shall govern and this Privacy Policy does not apply.

e.      Disabling Cookies

Most Web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of our Services may be difficult to use or inoperable.  In addition, we may use (or work with certain third-party companies that use) techniques other than or in addition to HTTP cookies to recognize your computer or device and/or to collect and record information about your web surfing activity, including those integrated with our Services.  These technologies may rely on the collection and analysis of “non-cookie” information from your browser or device, such as, your operating system, plug-ins, system fonts, resolution and other data, for purposes of creating a unique profile or “fingerprint” of your browser or device. We (or other third parties) may use this profile to understand and analyze how you interact with the Services, to customize content or advertising to you through the Services, to monitor against fraud or misuse of the Services, or in other ways consistent with this Privacy Policy. Please keep in mind that your web browser may not permit you to block the use of these techniques, and those browser settings that block conventional cookies may have no effect on such techniques.

4. The Business Purposes For Which We Use and Share the Information We Collect

a.    Our Purposes Generally

Principally, we use the information described in Section 2 to operate, provide, develop and improve our Services. This involves facilitating various types of advertising and marketing to make them more effective, more relevant, and (we believe) more likely to engage and interest (and less likely to annoy) consumers. 

b.    Personalized Advertising

This includes facilitating and providing behavioral advertising, i.e., tailoring advertising and content using the types of “audience segments” or “data segments” (and other, related types of information) we describe in Section 2 above.   As we also describe in Section 2, these audience segments may be based on your activity across multiple websites or mobile apps over time, on your transactions, on your location, or on coded or “hashed” data derived from offline demographic and interest data. Generally, the tailoring of ads to devices and browsers (and sometimes through other channels) based on this type of data is called “interest-based” or “personalized” advertising.  (Please go to Section 6 to learn about what choices you have, in control how you are marketed to in this way.) 

c.    Other Advertising and Analytics Purposes

We also use the information to analyze, measure the effectiveness of, frequency-cap or sequence advertising. For instance, we may use the information we collect to compare how many “clicks” the recipients of one ad campaign receives vs. a different ad campaign.  Or, we may track which users have seen which ads, to avoid a user being shown the same ad repeatedly.   

d.    Syncing Identifiers

We sometimes integrate our information with Partners, to allow Advertisers to access our information across other platforms (and their information across our platform), in order to allow Advertisers to reach more consumers across various channels. This may include online, offline, social media or television advertising. 

e.    Identity Graphing

We may also create or help our Customers or Partners to create “identity” graphs, to help locate users across various channels, such as based on common personal, device-based, or network-based identifiers (e.g., IP address, email address).

f.    Statistical information

We may use statistical information about you or your devices such as generalized location and estimated age group. We obtain this statistical information from commercially available sources (as permitted by law) such as our third-party service providers. We only work with third-party service providers who ensure that this information has been obtained in accordance with applicable law and can be provided to us for use and disclosure.

g. Other Business Purposes

We also may also use the information we collect for internal research, internal operations, auditing, detecting and preventing security incidents, anti-fraud purposes, debugging, short-term and transient use, quality control, and legal compliance. 

5. Why And With Whom We Share the Information We Collect

a.    To Provide our Services

Generally, we share the information that we collect in order to perform our Services, including for purposes of targeting advertising, performing analytics on ads, and measuring ad performance.

• We share the information we collect with our Customers, who are a wide range of businesses, retailers, content publishers, non-profit entities, business-to-business service companies and other consumer brands, as well as their ad agencies and service providers.
• We also share information with our Partners and other companies that provide services to us. For example, we may email or other contact information to resolve Customer support inquiries, and IP address and advertising identifiers with service providers.

b.    For Legal Purposes

We may share any information we have with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts, or to investigate of potential violations thereof; (c) protect the rights, property or personal safety of us, our platform, our Customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.  

c.    In the Event of a Corporate Transaction

We may also share personal information in the event of a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.

d.    With Corporate Affiliates

We share information within the Tremor Group Companies in order to operate the Site and Services, perform data analytics, design and execute advertising and marketing campaigns, conduct product management, and/or engineer or improve and develop new products or services.

d.    With Partners

We share information collected, including IP address and advertising identifiers, with Partners to assist in our advertising and marketing efforts and show ads that may interest you. The Advertisers we use (including their service providers) may rely on pixel tags and similar technologies to collect information, from or about you to tailor advertisements, measure advertising effectiveness, and enable other enhancements. We may also compile and provide reports, including in aggregated or de-identified forms, to Advertisers about the reach, viewership and effectiveness of their campaigns. We use information to help our Customers to reach the desired audience and understand improve their ad campaigns.

• Summary Analytics and Reports. We may, with our Customers and Partners, analyze Viewing Data to create summary reports to help deliver relevant information and advertising to interested groups of consumers.  These summary reports are built from automated analysis of data elements, without connecting the information to any known natural person.  For example, a Customer who is an Advertiser may want to measure the effectiveness of their promotions, in the aggregate.  Thus, a  Partner may identify another device that shares an IP address or display and analyze: (a) whether a particular website was viewed or commercial location was visited by a device with location tracking enabled (e.g., a smartphone) after a related promotion was viewed, and (b) whether a particular program was viewed following exposure to a promotion for that program.  In addition, some Partners may use a third-party data aggregator to identify demographic or other attributes or traits (such as gender or age range or income range or behavioral data) associated with the IP addresses collected, and then send to Customers the demographic information associated with those addresses.
• Personalized Advertisements. As further described in Section 2 above, audience segments may be shared with Customers and Partners for the purpose of targeting and tailoring the advertising you see on certain Smart TV and connected devices, including other devices associated with your IP address or device ID on the basis of Viewing Data. Viewing Data may also be enhanced with household demographic data and data about digital actions (e.g., digital purchases, location, and other consumer behavior taken by devices associated with the IP address collected), for the purpose of delivering relevant advertising that are likely to be useful or timely.

e. With advertising measurement providers and services

We share information collected, including IP address and advertising identifiers, with Partners  and their service providers in order to help us and our Advertisers understand information about the content and ads viewed, and the effectiveness of ad campaigns, including the audience that saw their ads, how they engaged or responded, determine which programs are most popular, how many people watch a program to its conclusion, and whether and how often people watch commercials.

The measurement providers we use collect or receive information about your viewing of or interaction with content and ads, including ads that you view on your Smart TV and ads you view on other websites, mobile apps, and connected devices (including Smart TVs) to which we provide advertising services. We also share demographics data and audience segments (e.g., food fans, sport enthusiasts, sitcom fans, etc.) with advertising measurement providers and their service providers. Viewing Data may also be combined with other demographic and similar information, including by working with data aggregators.

Measurement providers use such information to create statistics about what content and ads are being watched – for example, to help them and their clients understand the audience viewing the content or ads, and to measure the effectiveness of the ads.

Through our advertising services, we provide measurement and analytics solutions to other companies. In providing these services, we analyze and reorganize ad campaign data from these companies and provide analytics reports to help them better understand the audience that viewed the company’s ads and whether those viewers belong to the same household.

6. Your Choices:  How To Opt-Out of Tracking (Interest-Based Advertising) on Web Browsers and Mobile Devices

a.    Opting Out of Interest-Based Advertising

The Company adheres to the DAA principles and Tremor Video, Inc adheres to the DAAC principles. To learn more about interest-based advertising or to opt-out of this type of interest-based advertising by those third parties that are members of DAA’s opt-out program, please go to https://www.aboutads.info/. Unruly, LLC formally known as RhythmOne, LLC is a member of the Network Advertising Initiative (NAI), an association dedicated to responsible data collection use in digital advertising, and adheres to the NAI Code of Conduct. To learn more about the NAI and its members, or to opt out of interest-based advertising facilitated by NAI members, please go to http://optout.networkadvertising.org/?c=1. You may also opt out of our own interest-based advertising on those same web pages, or you can simply visit our Opt-Out page.  (We make no representation about the accuracy or effectiveness of other providers opt out mechanisms, including those listed on the above industry websites.)

You can opt-out of receiving our Cookies. Persistent Cookies may be removed by following your Internet browser help file directions. If you choose to disable Cookies, some areas of our Website may not work properly. If you opt out, your web browser will be associated with a generic “opt-out” cookie, which will prevent us from associating any non-personally identifiable information with your browser.

You can also opt-out of targeted advertising based on data collected via your browser by using (i) the NAI’s opt-out tool, which can be found here; (ii) the DAA’s opt-out tool, which can be found here; (iii) the DAAC’s opt-out tool, which can be found here; or (iv) the EDAA’s opt-out tool, which can be found here.

When you opt out, we will stop (a) collecting information about your interests via your browser and (b) serving you targeted advertising based on the data collected via your browser.

We will subsequently place a piece of data in your browser’s cookie that tells us that you have opted out – it does not contain any data about you except for the fact that you have opted out. We need this cookie in place so that we know not to collect information about your interests and serve you targeted advertising based on your interests in the future. Our “opt-out” cookie has a 13-month expiration date.

Keep in mind that participating in our opt-out program does not prevent you from seeing advertising served by us, instead, the ads we serve to you will be generic and not be targeted to

b.    In-App Data Opt-Out

You may opt out of mobile app interest-based advertising through your mobile device settings, as applicable to most (but not necessarily all) mobile devices.   Please go to the NAI “Mobile Choices” web page for further information about how to do this.  When you do this, we will no longer use information collected through your mobile apps to deliver behaviorally targeted advertising to your device. Please note that you will continue to receive advertising after you opt-out, but it may not be tailored to your interests.

c.    Viewed Content Advertising and Smart TVs

If you choose to activate this functionality, we may collect certain information on certain Smart TV and connected devices equipped with automatic content recognition (ACR) functionality in order to provide personalized advertising based on the programs or ads being watched on those devices, other devices with the same IP address, or browsers. We refer to the information collected as “Viewing Data” in this Policy. If you have opted-in to activating ACR on such device, the ACR functionality will continuously analyze audio from any onscreen content accessed or displayed on your Smart TV at that moment, including content from any set-top-boxes, media players, gaming consoles, over the air broadcast, or other audiovisual sources playing through your smart TV.  For more information, see Section 2 above on “Viewing Data” [LINK TO SECTION].

The option to enable ACR is presented during the initial setup of the Smart TV and can also be accessed at any time via the Settings of the Smart TV. You can disable ACR at any time via the Settings of the Smart TV. Please refer to the device’s Privacy Notice and the Enhanced Viewing Service Privacy Notice of your Smart TV for more information.

7. Do Not Track

Although certain of our technology honors “do not track” (DNT) signals and similar mechanisms transmitted by web browsers or mobile device operating systems, we are not responsible, and shall not be liable, for the acts of third parties, such as ad networks, with respect to such third parties’ tracking policies.  We make no representation about the accuracy or effectiveness of other providers’ opt out mechanisms, including those listed on the above industry websites.

8. Children

Our Sites and Services are neither developed for, nor directed at, children under the age of 16.  We do not knowingly collect personal information from nor employ or offer targeting towards children under the age of 16.  If you believe your child, who is under the age of 16, has provided us with personal information or registered at one of our Sites, please contact us at privacy@tremorinternational.com and we will use reasonable efforts to remove that information from our records.

9.  Privacy Information for the Sites

The below provides information about how information is collected and used on our Sites, including www.tremorinternational.com, www.tremorvideo.com, www.unruly.co, www.www.rhythmone.com and any website on which this Privacy Policy is posted. 

a.    Collection of Personal Information

The Company’s customers are businesses and other organizations, groups and institutions, not individuals, and our corporate website collects contact information from our customers and prospective customers who request information from us.  We may also sometimes collect information through business channels such as trade shows, or through marketing platforms that help us identify new customers.   In addition, we and advertising and data platforms we work with may use cookies, pixels, device identifiers or other tracking methods to collect and retain “identifiers” such as cookie IDs, IP addresses to recognize you and to target or retarget ads to you when you visit our website, visit other sites across the internet, or visit other applications and services.

b.    How We Use This Personal Information

Generally, we use the information we collect to provide customers and potential customers with information that they requested, to correspond about any questions or concerns brought to our attention, to notify such persons of new services or updates to our existing Services or more generally to market and promote our Services.   We also use this information as follows:

• For Legal Purposes:  We may share any information we have with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our contracts, this Privacy Policy, or other contracts, or to investigate of potential violations thereof; (c) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public.  We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.  
• In the Event of a Corporate Transaction:  We may also share personal information in the event of a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.
• With Service Providers:  We may share personal information we collect with our service providers, which may include (for instance) providers involved in tech or customer support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise assisting us to provide, develop, maintain and improve our Services.  

c.    Your Marketing Choices

Anyone who has provided personal contact information through our Sites may e-mail us at privacy@tremorinternational.com to update, delete, and/or correct their personal contact information, or contact us at the information provided in Section 16. You may likewise request access or “deletion” of your information through the same means:  however, if you are an entity we have done business with, we will likely need to retain your data for business purposes such as accounting, billing, auditing and fulfilling other legal requirements.   To “opt out” of advertising platforms we may work with for our own corporate purposes (e.g., to “retarget” our customers or potential customers from this website), you may generally rely on the consumer choice mechanisms we set out in Section 6. 

d. Sale of Personal Information

We may allow certain third parties (such as Partners) to collect your personal information. You have the right to opt out of such disclosure of personal information, as described below in Section 10.

During the 12-month period prior to the effective date of this Privacy Policy, we have disclosed the following categories of personal information:

• Identifier such as a unique personal identifier (such as a device identifier, cookies, beacons, pixel tags, mobile ad identifiers and similar technology, other forms of identifiers), online identifier and IP address;
• Commercial information, such as records of products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies; and
• Internet and other electronic network activity information, including, but not limited to, information regarding your interaction with websites, applications or advertisements.

10. Additional Information for California Residents

California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) permits California residents to request and receive, once per calendar year and free of charge, information about our sharing of your personal information (if any) with third parties for their own direct marketing use. If you are a California resident and would like to make such a request, please send an email to privacy@tremorinternational.com. In your request, please include your name and attest to the fact that you are a California resident and provide a current California address. We may ask you for additional information to confirm your identity before responding to this request.

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This Section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) in the capacity as a business partner of the Company and uses the Services, or are a consumer whose information is collected or used by us in providing the Services.  This Section of the Privacy Policy is intended solely for and is applicable only to California Consumers:  if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it.

a.    The right to access and disclosure

You may have the right to request, twice during a twelve-month period, the following information about the personal information we have collected about you during the past 12 months:

• the categories and specific pieces of personal information we have collected about you;
• the categories of sources from which we collected the personal information;
• the business or commercial purpose for which we collected or sold the personal information;
• the categories of third parties with whom we shared the personal information; and
• the categories of personal information that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose.

b.    The right to deletion

You may have the right to request that we delete the personal information we have collected from you.  Certain information may be exempt from such requests under applicable law.  We need certain types of information so that we can provide our Services to you, and may retain certain information for important business purposes, such as fulfilling our legal obligations, or for security, auditing or de-bugging purposes. 

c.    How to exercise your access and deletion rights

California residents may exercise their California access or deletion rights by accessing our Do Not Sell link or, by sending an email to privacy@tremorinternational.com.

For security purposes, we will verify your identity – in part by requesting or automatically capturing certain information from you — when you request to exercise your California privacy rights.  For instance, you may need to provide your email address. To request that we provide you with the specific pieces of personal information we have from you or to delete personal information we have collected from you, we may also need to ask you for additional information to verify your identity.  Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate:

• Where you have requested the categories of personal information that we have collected about you, we will provide the information you have requested, except where not permitted under applicable law or otherwise exempted by the CCPA.
• Where you have requested specific pieces of personal information, we will provide the information you have requested, except where not permitted under applicable law or otherwise exempted by the CCPA.
• Where you have requested that we delete personal information that we have collected from you, we will delete any information about you that is not necessary for the purposes indicated above or another permissible business, security or legal purpose.  Certain information may be exempt from such requests under applicable law.

If we are unable to complete your requests fully for any of the reasons above, we will provide you additional information about the reasons that we could not comply with your request.

d.    The right to nondiscrimination

We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.

e.    The right to opt-out of the sale of your personal information

You have the right to opt out of the sale of your personal information.  California law broadly defines sale such that it may include, for example, allowing third parties to receive and use certain information, such as cookies IP address and/or browsing behavior, to deliver targeted advertising.

If you wish to “opt out” of our “sale” of your information, i.e., for purposes of personalized advertising, we recommend employing the options we provide and explain in Section 10 c. (as we believe those methods are the easiest and most efficient).   However, you may also visit the interactive form that we make available at our opt-out location.  

f.    Authorized Agents

You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.

11. Where Company Stores Personal Data

We are a global company with affiliates, varied business processes, management structures and technical systems around the world. Information that we collect or that is collected by us or on our behalf may be stored on connected devices (including Smart TV) to which we provide advertising or measurement and analytics services, or on our servers, and may be transferred to, accessed from, or stored and processed globally in any other country where we or our service providers maintain facilities or call centers, including jurisdictions that may have different data privacy laws from those in your home country. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfillment of your order or the provision of support services. We strive to transfer your information where there are appropriate measures and controls in place, and we strive to ensure that all information you provide to us is stored on secure servers.

12. For European Residents: About your GDPR Privacy Rights

If you are located in Europe, you may have certain right under European privacy law, principally the General Data Protection Regulation (GDPR).   This Section of the Privacy Policy is intended solely for, and is applicable only as to, such consumers, i.e., “data subjects”:  if you are not an EEA resident (or otherwise located in an EEA country), this does not apply to you and you should not rely on it.

a.    Our legal bases for using personal information

All organizations need a legal reason to use your personal information. There are a number of legal grounds that enable data processing. Below are the most relevant grounds you should be aware of.

• With your consent

There are some activities where we process personal information with your consent. For example, where we want to send you marketing messages by email, we would ask your permission first and you could opt out at any time.

• For a legitimate interest

We may use your information where there is a legitimate interest to do so. For example, we may use your information where it would help achieve our business objectives or to facilitate a benefit to you or someone else.  Our legitimate interests in processing personal data include:

• to develop, deliver and maintain relevant and engaging products, services and advertising;
• understanding when audiences engage with our Customer’s ads;
• to build a clearer understanding of who our Customer’s audiences are in order to better serve more relevant advertising to those audiences, for the benefit of both individuals and our Customers;
• to maximize advertising revenues for publishers and therefore help to maintain a diverse ecosystem of online independent publishers of content for users to enjoy and educate themselves;
• to support individual and societal rights to receive information;
• to improve user website experience by delivering brand safe, high quality advertising to all of the publishers of online content with which we work;
• to carry on the business of a commercial organization;
• to demonstrate that we provide services and products to agreed industry standards;
• sharing information with the Tremor International group companies for analysis, audience insights, business efficiencies, content personalization and to deliver relevant advertising.
• To comply with legal obligations

There may be situations where we need to use your information to comply with legal and regulatory obligations or defend claims.

b.    Exercising Your Data Subject Rights Under the GDPR

If you are a resident of the European Economic Area, you have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal data, you can do so at any time by contacting us at privacy@tremorinternational.com or you may visit our [your data page], where you may make an “access” or “right to know” request, or request that we “opt out” your personal information from our active database.
• In addition, you can object to processing of your personal data, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us at privacy@tremorinternational.com.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us at privacy@tremorinternational.com.
• Similarly, if we have collected and process your personal data with your consent, then you can withdraw your consent at any time, by contacting us at privacy@tremorinternational.com or (as to information that we use in our Services), by going to [your data page].  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

13. Updates to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

14. Data Retention

Personal information we collect may be retained for as long as needed to fulfill legitimate business purposes. The Company expires certain cookies, including cookies directed to European users, after 12 months. Except as permitted by law, we may retain aggregated and anonymized user information (e.g., to create group-level data), for an indefinite period but usually no more than 2 years.

15. Information Security

We take measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data we collect and store.  These may include internal reviews of our data collection, storage, firewalls and processing practices and security measures.  Of course, no security system is perfect. Thus, while we do take measures to safeguard against unauthorized access to, or alteration of data we collect and store, we cannot guarantee that it will not be disclosed or accessed inadvertently or through the unauthorized acts of others.

16. How to Contact Us

If you have any questions, concerns or requests please contact us by email at privacy@tremorinternational.com or 1177 Avenue of the Americas, 9th Floor, New York, NY, 10036.