PRIVACY POLICY

as of May 3, 2022

Evolution Media Group, LLC (“EMG” or “we” or “our”) is pleased to provide you with this privacy policy (“Privacy Policy”) which applies to information we collect about individuals who interact with EMG, such as through our Website, as well as any of the Services that may be offered by us from time to time; visitors to other publisher’s websites and digital properties, including advertiser sites, third party sites, and Internet-connected devices whose browsing activities we analyze as part of digital advertising campaigns; visitors to the physical premises of our clients; and business and marketing contacts.

EMG is a technology company operating in the digital advertising industry.  In order to provide our Services, we may collect information about you.  We use data analytics to help our clients, including advertising agencies, advertisers, and brands, to advertise their ads on websites or web properties that allow third party advertising.  We perform analytics and develop strategies based on such analytics for our clients to deliver, measure, and/or track advertising, the effectiveness of such advertising, and to obtain additional insights in connection with the development of targeted digital advertising campaigns for our clients.

You are encouraged to read this Privacy Policy along with our Terms of Use  in their entirety. Your use of our Services is conditioned upon your agreement to be bound by this Privacy Policy and the Terms, so if you do not agree with this Privacy Policy or the Terms, you may not use our Services.

This Privacy Policy has been organized into the following sections:

• Information We Collect
• How We Use Your Information
• How We Share Your Information
• How We Protect Your Information
• How We Use Cookies and Similar Technologies
• Our Information Retention Practices
• Third Party Privacy Practices
• International Data Transfers
• Your Rights to Access and Modify Your Information
• Age Considerations Related to Our Privacy Practices
• Updates and Amendments
• Contact Information for EMG

In order to provide our Services to you or to our clients, we may collect information about you, including:

• Personal Information, such as your name, address, email address, telephone number, username and password, and other related information that you provide to us, should you choose to do so, when you sign up for and use our Services (such as when you communicate with us). This information, including Personal Information, may also be provided to us by third parties in a variety of ways, including in connection with your installation and use of our Services.
• Device Identifying Information and Similar Identifiers, such as registration ID, segment ID, cookie IDs, device ID, user ID, user agent, hashed email address, cross-device ID, hashed TV identification, device type, URL, IP address, location address, browser information or other similar identifiers.
• Demographic information, such as your age, ethnicity, gender, marital or familial status, or education.
• Household information, such as household income, presence of children in the household, or TV commercial and program viewing history (tied to devices in the house).
• Commercial information, such as customer ID, products or services purchased, obtained, or considered and associated timestamps, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, such as your browsing behavior, search behavior within websites and applications, or information regarding your interactions with an Internet-connected website, application, or advertisement.
• Geolocation information, such as zip code, your precise location based on your device’s global position systems (GPS) signal, truncated latitude and longitude, and approximate location data from your IP address.
• Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, behavior, or attitudes.
• Non-sensitive health information based on visits to the websites or mobile applications of select health-related advertisers (retargeting) and standard audiences from 3^rd party data providers.
• Viewed Content information, we collect information about the video content you view on certain smart TVs or connected devices.

We collect the foregoing information from a variety of sources, including information derived from your use of our Services, information you provide directly to us, information provided by third parties (including publicly available information), information provided from our clients and their partners and affiliates, information from third party data brokers and suppliers, information from the use of technologies, like cookies, as described further below, and information from publishers and other content providers on which we place advertisements or cookies.

We use your information to:

• provide, maintain, enhance, monitor, and improve our Services;
• assist in the administration of our business, to communicate with you and reply to any of your correspondence with us;
• show you advertisements or to assist third parties with their advertising efforts;
• deliver or assist our clients and business partners to deliver targeted ads;
• enable service and content providers to assist or facilitate our provision of advertising and other services to our clients;
• measure and analyze the effectiveness of the ads presented and trends in social media activity;
• better align advertisements and other online content with users’ interests;
• provide customer service, process transactions, verify customer information, manage customer records, or similar services;
• share information with third parties in connection with all of the foregoing or to promote and assist them in providing their own third party offerings, including as described in our Terms;
• comply with applicable laws and other legal process; and
• perform such other activities as you may authorize when you provide us with such information.

We may combine your Personal Information with non-Personal Information we gather about you (or receive from third parties) in connection with the above uses or other legitimate business purposes.  If we do so, the combined information is treated as Personal Information.  We do not target advertisements to any one particular individual or base our Services on any one particular individual, but rather focus on targeted audiences and population segments, which are typically comprised of thousands to several hundred thousand online Internet users who, based on our analysis of the data we receive, share similar characteristics.

Unless noted in this Privacy Policy or we ask and receive your subsequent consent, we will not share your Personal Information with anyone outside of our Company and our affiliates.  If we do transfer your Personal Information, we will comply with all applicable privacy laws when we do so.

We will share your Personal Information in the following circumstances and with the following types of third parties:

• As necessary to provide you with and fulfill your requests and orders when using the Services, including with our service providers that help us operate our Services and provide them to you, such as fulfillment providers, banking service providers, legal resources, our marketing service providers, and technology providers;
• To assist us with the provision of advertising and marketing services to others, including to advertisers, ad networks, and similar third parties;
• As necessary to protect our rights, ensure the safety of others, and to prevent fraud or illegal activities in connection with the use of our Services, such as with law enforcement and fraud detection services;
• If we are sold to, merge with or enter into a similar transaction with a third party, to the new owners of our business;
• As necessary to comply with applicable law, governmental request, or legal process;
• To ensure the proper function of third party offerings included within our Services, including with the operators of such third party offerings to the extent necessary for them to assist us in fulfilling the Services or providing their own third party offerings; and
• If we receive your express consent to do so.

As set forth in our Terms, we disclaim and shall have no liability or obligation in connection with any third party actions or omissions concerning your information, including your Personal Information, even if such information was obtained from us in accordance with this Privacy Policy.  You are encouraged to contact the applicable third party if you experience any issues with respect to such third party’s use of your information.  Information about you that such third parties gather about you in connection with your use of our Services is subject to the applicable terms of use and privacy policy of such third parties.

A “cookie” is a small file containing your preferences that is sent to your browser and sent back by your browser each time your browser accesses our servers.  When we refer to “cookies” in this Privacy we not only mean cookies, but also pixels, beacons and other similar technologies that are used by us to automatically gather information from you in connection with your use of our Services.  We may place a cookie on your computer or mobile device to uniquely identify your browser in connection with the use of our Services. These cookies we use can only be read by the server that placed them there.

We use cookies and the data collected by cookies for the purposes set forth above in the section titled “How We Use Your Information.” This includes personalizing your experience when using our Services, by providing a personalized, relevant experience, performing analytics designed to ensure optimal performance of our Services, tracking user trends and patterns, as well as to provide accurate attribution to our advertising partners.

Most browsers enable cookies unless the user makes specific changes to his or her browser setting.  You can control which and what types of cookies are downloaded from the Services by properly establishing your browser setting.  You can also opt out of receiving cookies, but we must caution you that our Services may not function correctly without cookies.  You can review more information about cookies and how to control and delete cookies in various browsers, such as Chrome, Safari, Internet Explorer, and others, please visit http://www.aboutads.info/consumers/.  For additional information to assist with protecting your data privacy, you may visit http://www.netcoalition.com and http://www.privacyalliance.org.

We also use third party service providers, such as web analytics companies, to assist us in measuring the effectiveness and function of our Services.  In connection with this, we may allow such third party service providers to include their own cookies on our Services.  The information is collected for purposes of advertiser attribution, user action measurement, and similar undertakings, that is used by us to improve our Services. While a third party may collect this information, they do so as our service provider and we retain control over the use of the information collected.

You can “opt-out” of receiving cookies from certain of our ad serving partners.  For more information on how to do so, please visit: http://www.networkadvertising.org/managing/opt_out.asp.

You can opt-out of the collection of information from the mobile devices you may use, as follows:

• On Apple devices, go to Settings, and then select the option Privacy. On the next screen, choose Advertising and you will see an option to turn on limited ad tracking.
• On Android devices, go to Settings, and then select the option Google. On the next screen, choose Ads, and you will see an option to opt-out of ads personalization.

You can also disable the collection of location data by updating the location preferences on your device, or by updating the settings for individual apps.

Finally, we may use cross-device mapping services in order to link devices that belong to the same user or household. Please follow the steps above for each device and/or browser to opt-out of the collection of information for each device and browser. You will need to undertake this “opt-out” process for each device and browser you use.

We generally retain information collected about you only as long as is necessary for us to fulfill our business purposes, meet our legal obligations and to defend ourselves against legal claims, unless a longer retention period is required to comply with law.  Once those purposes are fulfilled, generally we will delete it in a secure manner.  We may, in certain circumstances, choose to anonymize certain information about you so that it can no longer be attributed to you if we would like to retain it for longer periods of time.

Some of our Services may be third party offerings or contain access to third party offerings.  In connection with your use of those third party offerings, it may be necessary or desirable for us or you to provide your information, including Personal Information, to the third party operators of such third party offerings.  We disclaim all liability and assume no responsibility for the privacy practices of third parties.  While applicable law obligates third parties engaged by and/or working with us to protect the privacy of certain types of data, we assume no responsibility for the actions or omissions of these third parties, whether they receive such information from us directly or otherwise.  You should direct any questions you have about such third parties’ privacy practices and/or software directly to such third parties.

Our Services are provided from servers and systems located within the United States.  If you are not located in the United States, you should be aware that we will transfer your information, including your Personal Information to the United States where many of our central databases operate.  By using our Services, you consent to such cross-border data transfers of your Personal Data and agree to your Personal Information being collected, processed, and transferred as set forth herein and in accordance with U.S. law. The data protection laws and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country.

Depending on what country you are located in (countries located in the European Economic Area for instance), you may have certain legal rights in relation to your Personal Information. You may have the right to request access to your Personal Information that we retain, as well as to seek to update, delete or correct this Personal Information, subject to certain exemptions provided by law. Please contact us via email at privacy@evomgroup.com if you wish to exercise your rights. We cannot guarantee that you will be given access to your Personal Information in all circumstances, except those mandated by law. Additionally, if we are unable to verify your identity or are required to retain certain of your information by law, we may not be able to modify or delete your Personal Information, but will do so in all cases required by applicable law.

Our address is set forth at the bottom of this Privacy Policy.  You can also contact us via email at privacy@evomgroup.com. We are a controller for purposes of the General Data Protection Regulation (GDPR).  With respect to the Personal Information we collect from you, we are relying on one of the following as our legal basis to do so:

• You have consented to such collection and processing; which consent is given by your acceptance of our Terms and this Privacy Policy.
• We need the data to perform the Services requested by you or to complete the transactions requested by you.
• We have a legitimate interest in using the data in the normal manners you would expect in connection with using a service like ours.
• We need to process your data to comply with a legal requirement.

As an EU resident, the GDPR affords you the following rights:

• Right to Access, which includes the right to request that we provide you with the Personal Information we have about you, the ways in which we use it, and who we share it with.
• Right to Rectification, which means you can require us to correct inaccurate Personal Information that we have about you.
• Right to Portability, which means you can request a copy of the data we have about you in a structured, machine-readable format and to ask us to send this data to another data controller.
• Right to Erasure, which means you have the right to require us to delete your Personal Information (unless prohibited by law).
• Right to Withdraw Consent, which means you can withdraw your consent for us to process your Personal Information.
• Right to Restrict Processing, which means you can require us to cease processing your Personal Information while undertaking rectification of such data or if we are relying on our legitimate interest to do so or if we are not fulfilling your right to erasure based on legal compliance issues.

You can exercise any of the foregoing rights by emailing us at privacy@evomgroup.com.  We generally try to respond to requests of this nature within 45 days of your email, but cannot guarantee that we will be able to do so in all cases.  If you are a resident of the European Economic Area and believe we maintain your Personal Information within the scope of the GDPR, you may direct questions or complaints to us at privacy@evomgroup.com.

Under California Civil Code Section 1798.83, which is also known as the “Shine The Light” law, users who are California residents may request from us a list of the Personal Information (if any) that we have disclosed to third parties for direct marketing purposes during in the preceding calendar year, this includes the names and addresses of such third parties. Requests may be made only one time per year. These requests are free of charge. To make a request, please contact us at privacy@evomgroup.com and note that we are not able to accept requests through the telephone, mail or by facsimile.  We cannot be responsible for notices that are not labeled or sent properly or that do not have complete information. In the body of such request, you must put the statement “Your California Privacy Rights”, as well as your name, street address, city, state and zip code and you must provide enough information for us to determine if this applies to you. Additionally, you must attest to the fact that you are a California resident and provide a current California address.

If you are a resident of California, you have certain additional rights under the California Consumer Privacy Act of 2018 (CCPA), including the right:

• to access all data we collect about you;
• to opt-out of our sale of any of the information we collect about you to third parties;
• to have us delete any personal data (as defined under the CCPA) that we have collected about you;
• to know the categories of third parties to which we have sold data about you; and
• to know the reason we have collected data about you (as is described in our Terms).

The request for information can be sent to us at the following address:

Evolution Media Group, LLC

400 Spectrum Center Drive

Suite 19-119

Irvine CA 92618

Email: privacy@evomgroup.com

When you assert your right to request information, you must confirm that you are a resident of the State of California.  We reserve the right to request that you provide further evidence as a resident of California before acting on your request.

We will respond to your request within 45 days and will include the categories of third parties to which we have sold data about you.  For more information on why we have collected data about you, please see the rest of this Privacy Policy and our Terms.

To opt-out of us “selling “ (as defined by the CCPA) any of the information we collect about you to third parties and to delete all such information, we offer an “Opt-Out” Option, which can be accessed by emailing us at privacy@evomgroup.com.

None of our Services are directed to children under the age of 13 (or under the age of 16 in the EEA).  We never knowingly collect information, including Personal Information, from children under the age of 13 (under 16 in the EEA).  However, if we learn that we have collected Personal Information from a child under the age of 13 (under 16 in the EEA), we will promptly delete it, unless we are legally obligated to retain such data. Please contact us immediately if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13 (under 16 in the EEA).  Additionally, we comply with the Children’s Online Privacy Protection Act; for more information the Act and children’s privacy, please visit http://www.ftc.gov/privacy/coppafaqs.shtm.

We may change this Privacy Policy from time to time.  If we do, we will post the new Privacy Policy on the Services or as provided in the Terms.  If you continue to use our Services after this update is posted, you are agreeing to be bound by the revised Privacy Policy.  You are encouraged to periodically review this Privacy Policy for updates and to ensure that you are familiar with its terms.  If you do not agree to this Privacy Policy, you should immediately discontinue accessing or using the Services. This Privacy Policy is not applicable to third party offerings available on or through the Services.

You can always reach us at privacy@evomgroup.com or at the address below with any questions or requests under this Privacy Policy.

Evolution Media Group, LLC

400 Spectrum Center Drive

Suite 19-119

Irvine CA 92618

Email: privacy@evomgroup.com