Introduction
⦁ This is Media Shark’s (“Media Shark” or “we”) Privacy Policy, and applies to our websites, services that we provide to you through our website or technology platform, and ads we display to you on other websites. It is effective as of January 1, 2020 (“Effective Date“).
⦁ This policy is incorporated into, and subject to, Media Shark’s Terms of Service.
⦁ By using Media Shark’s site, or any product or service offered, you acknowledge that you have read, and agree to, this policy.
What is in this document?
This document provides information about our website and our digital advertising technology which enables our clients to buy digital advertising, and then describes our policies about data collection and use. It also provides information on the type of data we collect and utilize when serving ads to individuals.
CONSUMER OPT-OUT CHOICES
Media Shark empowers you to make informed decisions about the type of advertisements that are delivered to you online, and, as such, we are providing you the opportunity to opt out of the custom ads delivered to you by Media Shark based on your interests, previous visits to other sites, and information stored in your web browser or mobile device.
If you select this option, you will still see just as many ads, but they will no longer be personalized based on the information Media Shark has collected, (i.e. the ads will likely be less relevant to you and your interests) and any information we have collected thus far will be dissociated from your device, thereby preventing its use. If our systems detect that your computer or mobile device is located in the European Economic Area and you opt-out, we will treat that opt-out as a request to cease processing your personal data.
Media Shark is committed to industry self-regulation. You may visit the following self-regulatory program opt-out pages:
http://www.aboutads.info/choices or
http://www.networkadvertising.org/managing/opt_out.asp
for the USA, http://www.youronlinechoices.com
for the EU, http://www.youradchoices.com
Does Media Shark use Web Beacons (aka clear GIFs or web bugs)?
Yes. “Web Beacons” are small images (generally a single transparent pixel) with a unique identifier, served to you as part of a web page or other document. Web Beacons may be used in parts of our services for purposes such as site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. For more information on Web Beacons, see
http://www.allaboutcookies.org/faqs/beacons.html
How does Media Shark use this information?
We use any information provided by our customers for the following service-related purposes:
⦁ To provide, operate, manage, maintain and enhance the platform. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services.
⦁ To assist the enforcement of our Terms of Service.
⦁ To prevent potentially illegal activities.
⦁ To screen for undesirable or abusive activity.
⦁ To contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, welcome emails when you first register, etc.). You can’t opt out of these communications, since they are necessary in order for us to effectively provide our services to you.
⦁ To contact you for marketing purposes. We will only do this if you have given us your express permission to contact you for this purpose.
⦁ To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
⦁ To create new services, features or content. We may use any information you provide us (e.g. via email or through our ticketing system) to create and provide new services, features or content.
Will Media Shark share the information collected?
⦁ We share aggregate information collected from our site for marketing purposes. For example, we may issue a press release announcing that users who have visited travel sites have a higher click-thru rate on finance related web pages.
⦁ Billing and Contact information – We work with trusted agents and service providers to assist us in billing and account maintenance for our clients. These companies are required by contract to only use the information as directed by Media Shark and are prohibited from selling it. For example, if you fund your platform account with a credit card, we use a credit card processing company to bill you for the services and share your address and billing details with them in order to do so. These service providers do not retain, share, store or use that information for any other purpose.
⦁ To interact with ad delivery partners and DSPs- As in certain instances, we may share information and “cookie sync” with our network partners and suppliers, which include data companies, ad exchanges, etc.
⦁ To provide the services – Media Shark may provide customer platform data to partners and service providers for the purpose of operating, managing, maintaining, or enhancing Media Shark’s services, including for the safety and security of the platform and the online industry, or as required by law. Media Shark does not share the information collected on the platform with other third parties, unless legally required.
What information does Media Shark collect pursuant to running its business, and how is it used?
In addition to running our website, which is discussed below, we collect certain information as part of running our business. We maintain contact records of business partners, service providers and customers. We provide some of them to login to our systems to view reports and as such will process their email addresses and passwords to enable the login. We also obtain billing and payment information from them so we can collect payment for our services. We only use this information for the purpose it is collected and don’t sell this information.
What information does the Media Shark website collect, and how is it used?
We collect usage data about you whenever you interact with our website. This may include which of our pages you visit, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address. If you arrive at our website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us. We use third party tracking services that employ cookies and page tags (also known as Web Beacons) to collect pseudonymous data about visitors to our websites and their collection of data may constitute a sale under California law. This data includes usage and user statistics, but not personally identifiable information.
Does Media Shark use cookies?
Yes. “Cookies” are pieces of information (actually, alphanumeric identifiers) generated by web servers, and stored on your web browser for future access. Cookies cannot view or retrieve data from other cookies, nor can they capture files or data stored on your computer. We do not link the information that we store in cookies to any information that may be used to ascertain your real world identity. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your web browser’s “help” file. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. For more information on cookies, see: http://www.allaboutcookies.org/faqs/cookie-file.html
How do I access my information?
You have the right to access, update, and correct inaccuracies in certain information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in the personal information we have in our custody or control by emailing us at [email protected]. We may request certain personal information for the purposes of verifying your identity when requesting access to or correction of your personal information records. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at [email protected]. EU and California data subjects may be entitled to additional rights as described below.
Is my information secure?
Yes, the portions of our website (and our other services) that handle sensitive confidential information are secure. We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse, and alteration of the information under our control. We employ industry-standard techniques to protect our systems from intrusion by unauthorized individuals. All provider employees who have access to, or are associated with, the processing of personal information are contractually obligated to respect the confidentiality of your information and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Onward Transfer – Will my information be transferred?
Media Shark may transfer data processed by our Platform to our networks, their providers or their data management platforms and such transfers may constitute a sale of data under California law. As described above, Media Shark may share information with trusted third-party agents such as billing and payment processing vendors and hosting providers for the Media Shark website. These third-party contractors are prohibited from using the information for purposes other than performing services for Media Shark. Other third-party service providers used by Media Shark include: a) cloud computer, data storage and file storage providers, b) email marketing providers, c) website and b2b sales analytics providers, d) customer relationship management, contact database vendors, data hygiene vendors, survey vendors and project management software providers, e) customer billing systems partners, f) login authentication providers to ensure that the logins to our systems are working efficiently, g) social media platforms for advertising and marketing purposes, h) outsourced computer programmers helping ensure our systems are operating properly, i) auditing, debugging and security vendors. These agents work on our behalf and use data only as directed by us.
The above notwithstanding, we may disclose any of the information we collect when we believe that we have a legal obligation to do so or to protect the safety, property or rights of Media Shark or of any third party. For example, we may disclose any of the above in order to (i) protect our rights and/or comply with a judicial proceeding, court order, or legal process served, (ii) for law enforcement or national security purposes including sharing data of EU and Swiss individuals in response to lawful requests from public authorities to meet national security and law enforcement requirements, or (iii) protect or defend our proprietary rights.
In the event that Media Shark goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information.
Does the Media Shark Privacy Policy apply to other sites?
This site contains links to other sites that are not owned or controlled by Media Shark. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site, and to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies only to information collected by Media Shark.
What if Media Shark changes this Privacy Policy?
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we decide to change our privacy policy, we will post the updated version, together with an updated Effective Date, on this page. We encourage you to check this page periodically for any changes.
CALIFORNIA DATA SUBJECTS
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) provides additional privacy protections for California data subjects and users, including: a) the right to see what personal information we have about you, your computer or device (the right to know), b) the right to delete the personal information we have about you, your computer or device (the right to delete) and c) the right to opt-out of the sale of personal information about you, your computer or device to certain third parties (the right to opt-out from sales of your personal information). We do not discriminate against you if you exercise any of the above rights. Moreover, we may not be able to honor a right if doing so would violate applicable law.
If you are a Customer or partner of Media Shark and have questions about your ability to see the data used to login to our systems, we ask that you direct your question to the person that owns the business relationship.
If you would like to exercise your Right to Know or Right to Delete, you may do so by sending us an email at [email protected] or by calling 833-633-4274. As a California data subject, if you make a subject access request as set out in this policy, you are entitled to see and delete the personal information that we have about you. We will make a good faith attempt to fulfill your request.
We may take reasonable steps to verify your request. We will fulfill requests we are able to verify so long as we are not prohibited from doing so by applicable law and/or the information is not essential for us for billing, fraud prevention or security purposes. We will share our reason(s) for denying your request in the event that we are unable to fulfill your request. You may make an access or deletion request via an authorized agent by having such agent follow the process below. Please note that we will request any authorized agent demonstrate that they have been authorized by you to make a request on your behalf. And we will attempt to verify your request. We require any authorized agents to provide us with contact details such as an email address and phone number so that we may ensure a timely response.
The CCPA defines personal information broadly and as such, it includes pseudonymous identifiers such as cookie IDs and mobile advertising IDs. Under the CCPA, your request to see the personal information that we have about you may include: (1) specific pieces of personal information that we may have about you; (2) categories of personal information we have collected about you; (3) categories of sources from which the personal information is collected; (4) categories of personal information that we sold or disclosed for a business purpose about you; (5) categories of third parties to whom the personal information was sold or disclosed for a business purpose under the CCPA; and (6) the business or commercial purpose for collecting or selling personal information.
Do Not Sell My Personal Information (California Residents)
If you are a California resident, you are also entitled to opt-out of sales of your personal information by Media Shark to third parties. To exercise those rights, please contact us at [email protected].
EUROPEAN UNION DATA SUBJECTS
The General Data Privacy Regulation (“GDPR”) affords additional rights to EU data subjects. Those rights include the right to complain to EU Supervisory Authorities and the right to access, correct, port to another party and delete certain personal data processed by Media Shark.
With respect to EU data subjects, personal data includes pseudonymous information such as an IP address, a mobile advertising ID or a cookie ID. Where Media Shark is a controller of data, the legal basis will be both legitimate interest and consent depending on the type of information subject to processing and the information we receive from upstream partners. Where we rely upon legitimate interest, we have assessed the processing is not high risk and will not violate fundamental human rights of EU data subjects.
Where Media Shark receives from an EU data subject a request to cease processing of data via one of the choice mechanisms listed above, Media Shark will stop all data processing with respect to the opted out browser or device unless such processing is required by law.
If you’re an EU data subject and believe Media Shark is processing your pseudonymous information (e.g., Media Shark cookie ID or mobile advertising ID) or your contact information (e.g., email address, telephone number) and you wish to exercise your right to access, delete, port or remove such information, please send an email to [email protected] and we will respond to your request.
Privacy Shield
Media Shark complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. Media Shark has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Media Shark is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
In compliance with the Privacy Shield Principles, Media Shark commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should contact [email protected].
Alternatively, you may contact us at the address below:
Media Shark
60 East Rio Salado Parkway, Suite 900
Tempe, AZ 85281
United States
