Personal Information

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The Services collect Personal Information, including:

• Name
• Email address
• Mailing address (including billing address)
• Telephone number
• Account number and password
• Username (including social media account username)
• Region-level location data derived from your IP address
• Payment card information

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

• Through the Services.
  • We collect Personal Information through the Services, for example, when you sign up for a newsletter, register an account to access the Services, meet with us offline, request a demo of our services or sales information, contact customer service or make a purchase, submit responses to surveys, register for and/or attend marketing webinars.
• From Other Sources.
  • We receive your Personal Information from other sources, for example:
    • publicly available databases;
    • joint marketing partners when they share the information with us.
  • If you connect your social media account to your Services account, you will share certain Personal Information from your social media account with us, for example, your name, email address, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Services account.

We need to collect Personal Information to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

• Providing the functionality of the Services and fulfilling your requests.
  • To provide the Services’ functionality to you, such as setting up, administering or arranging access to your account.
  • To allow you to utilize the Platform to further your business and provide you with related benefits or customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services.
  • To complete your transactions, verify your information, and provide you with related benefits or customer service.
  • To send administrative information to you, such as changes to our terms, conditions, and policies.
  • To allow you to send messages to another person through the Services if you choose to do so.
  • We do this to manage our contractual relationship with you and/or to comply with a legal obligation.
• Providing you with our newsletter and/or other marketing materials and facilitating social sharing.
  • To send you marketing-related emails, with information about our services, new products and other news about us.
  • To facilitate any social sharing functionality that you choose to use.
  • We do this with your consent or where we have a legitimate interest.
• Analyzing Personal Information for business reporting and providing personalized services.
  • To analyze or predict our users’ preferences to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
  • To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
  • To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
  • We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
• Aggregating and/or anonymizing Personal Information.
  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
• Accomplishing our business purposes.
  • For data analysis, for example, to improve our marketing efforts and/or the efficiency of our Services;
  • For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
  • For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  • For developing new products and services;
  • For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
  • We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

Disclosure of Personal Information

• We disclose Personal Information:
  • To our affiliates for the purposes described in this Privacy Notice.
    • You can consult the list and location of our affiliates below.
  • To our third-party service providers, to facilitate services they provide to us.
    • These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, return authorization, fraud prevention, information technology and related infrastructure provision, customer service or related benefits (including special promotions), email delivery, auditing, and other services.
  • To third parties, to permit them to send your marketing communications, consistent with your choices.
  • By using the Services, you may elect to disclose Personal Information.
    • On message boards, chat, profile pages, blogs, and other services to which you can post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
    • Through your social sharing activity. When you connect your Services account to your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

Other Uses and Disclosures

• We also use and disclose your Personal Information as necessary or appropriate, particularly when we have a legal obligation or legitimate interest to do so:
  • To comply with applicable law and regulations.
    • This may include laws outside your country of residence.
  • To cooperate with public and government authorities.
    • To respond to a request or to provide information we believe is necessary or appropriate.
    • These can include authorities outside your country of residence.
  • To cooperate with law enforcement.
    • For example, when we respond to law enforcement requests and orders or provide information that we believe is important.
  • For other legal reasons.
    • To enforce our terms and conditions; and
    • To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
  • In connection with a sale or business transaction.
    • We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

• “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:
  • Browser and device information
  • Website usage data
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other information provided by you that does not reveal your specific identity
  • Information that has been aggregated in a manner such that it no longer reveals your specific identity

Collection of Other Information

• We and our service providers may collect Other Information in a variety of ways, including:
  • Your browser or device.
    • Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
  • Cookies.
    • Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, operating system, time spent on the Services, movement around the Website, including pages visited, demographic information about our user base and other traffic data.
    • We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, to analyze trends, to administer the site and to personalize your experience. We also gather statistical information about use of the Services to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them.
    • Cookies further allow us, and third parties we partner with, to select which advertisements or offers are most likely to appeal to you and display them to you We may also use cookies or other technologies in online advertising to track responses to our ads. We partner with one or more third parties either to display advertising on our Web site or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this site and other sites to provide you advertising based upon your browsing activities and interests. We do not currently respond to browser do-not-track signals.
    • If you wish not to have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic advertisements.
    • If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.
  • Pixel tags and other similar technologies.
    • Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
    • Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
    • Invisible reCAPTCHA. We use Google’s invisible reCAPTCHA application on our Services to protect against spam and other automated abuse. The reCAPTCHA tool may make use of cookies, as well as other information like IP address, date, time, language, screen size and resolution, and mouse movements. The use of the reCAPTCHA tool and any information collected through the tool are subject to Google’s privacy policy, available at https://policies.google.com/privacy, and Google’s terms of service, available at https://policies.google.com/terms?hl=en.
  • Physical Location.
    • We may collect general, region-level information on the location of your device through Google Analytics.

Uses and Disclosures of Other Information

• We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Notice. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information if it is combined.

Newsletter Opt-Out Preferences

• Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or accessing the email preferences in your account settings page. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.

SECURITY

• We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
• If we share Personal Information with Service Providers, they agree to use reasonable information security measures to safeguard your Personal Information.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

• We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:
  • Receiving marketing-related emails from us. If you no longer want to receive marketing-related emails on a going-forward basis, you may opt out by following the unsubscribe instructions included in these emails or by accessing the email preferences in your account settings page. Please note that even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
  • Receiving marketing-related text messages from us. If you no longer want to receive marketing-related text messages on a going-forward basis, you may opt out by responding to the text messages with the word “STOP”.
  • Our sharing of your Personal Information with affiliates for their direct marketing purposes. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out of this sharing by emailing customersupport@radancy.com.
    • We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.

How you can access, change, or delete your Personal Information

• If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “Additional Information Regarding California” section at the end of this Privacy Notice for more information about the requests you may make under the CCPA.
• In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
• Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

RETENTION PERIOD

• We retain Personal Information for as long as needed or permitted given the purpose(s) for which it was obtained and consistent with applicable law.
• The criteria used to determine our retention periods include:
  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period before we can delete them); or
  • Whether retention is advisable given our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

THIRD-PARTY SERVICES

• This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
• In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.

THIRD-PARTY ADVERTISING

• We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.
  • You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.

USE OF SERVICES BY MINORS

• The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.

JURISDICTION AND CROSS-BORDER TRANSFER

• Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
• ADDITIONAL INFORMATION REGARDING THE EEA: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (information on which countries are recognized by the European Commission as providing an adequate level of data protection is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. As part of our commitment to privacy, we also have certified to the EU-US Data Privacy Framework and the Swiss-US Data Privacy Framework (DPF). As explained in our Data Privacy Framework Privacy Policy available at https://www.radancy.com/en/data-privacy-framework-privacy-policy/, Personal Information covered by our DPF certification will be protected in accordance with the DPF Principles. To learn more about the DPF, visit the U.S. Department of Commerce’s Data Privacy Framework List at https://www.dataprivacyframework.gov/s/participant-search. You may obtain a copy of these measures by contacting us in accordance with the “Contact Us” section below.

SENSITIVE INFORMATION

• Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services.

UPDATES TO THIS PRIVACY NOTICE

• The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the Services.

CONTACTING US

• TMP Worldwide Advertising & Communications, LLC d/b/a Radancy, located at One Battery Park Plaza #2710, New York, NY, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Notice.
• If you have any questions about this Privacy Notice, please contact us by email at customersupport@radancy.com, by phone at 1-800-867-2001, or by mail at:
• Radancy
  ATTN: Privacy Notice Administrator
  1 Battery Park Plaza #2710
  New York, NY 10004-1405
  United States
• Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
• If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

ADDITIONAL INFORMATION REGARDING THE EEA

• You may also:
  • Lodge a complaint with an EU/EEA data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

ADDITIONAL INFORMATION REGARDING CALIFORNIA

• Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (“CCPA“), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents.

Collection, and Disclosure of Personal Information

• The following chart includes: (1) the categories of Personal Information, as listed in the CCPA, that we plan to collect and have collected and disclosed within the preceding 12 months; and (2) the categories of third parties to which we disclosed Personal Information for our operational business purposes within the preceding 12 months.

• Under the CCPA, if a business sells Personal Information, it must allow California residents to opt out of the sale of their Personal Information. However, we do not “sell” and have not “sold” Personal Information for purposes of the CCPA in the last 12 months. For example, and without limiting the foregoing, we do not sell the Personal Information of minors under 16 years of age.

Sources of Personal Information

• As described above, we collect this Personal Information from you and from publicly available databases and joint marketing partners, when they share the information with us.

Use of Personal Information

• We may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

CCPA Rights and Requests

• Requests to Know and Delete
  • If you are a California resident, you may make the following requests:
    • (1) “Request to Know”
      • You may request that we disclose to you the following information covering the 12 months preceding your request:
        • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
        • The specific pieces of Personal Information we collected about you;
        • The business or commercial purpose for collecting Personal Information about you (if applicable); and
        • The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
    • (1) “Request to Delete”
      • You may request that we delete Personal Information we collected from you.
      • To make a Request to Know or a Request to Delete, please contact us at customersupport@radancy.com or 1-800-867-2001 (for calls from the United States) or in accordance with the “Contacting Us” section above. We will verify and respond to your request consistent with applicable law, considering the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as your name, username, email address or phone number, to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.
      • If you want to make a Request to Know or a Request to Delete as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include:
        • Proof of your registration with the California Secretary of State to conduct business in California;
        • Proof of a power of attorney from the resident pursuant to Probate Code sections 4121-4130.
      • If you are an authorized agent and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:
        • Verify the resident’s own identity directly with us; or
        • Directly confirm with us that the resident provided permission for you to make the request.

Right to Non-Discrimination

• You have the right to be free from unlawful discriminatory treatment for exercising your rights under the CCPA.

List of Affiliates

• AIA Holdings Limited
• Ascendify Corporation
• Associates in Advertising Limited
• Brazen Technologies, Inc.
• Carve Consulting London Limited
• CKR Group, Inc.
• firstbird GmbH
• firstbird Pty Limited
• Maximum Alliances B.V.
• People in Business Limited
• PJB Associes SAS
• TMP Government, LLC
• TMP Holdings Canada GP, LLC
• TMP Holdings Canada L.P.
• TMP Intellectual Property Holdings, LLC
• TMP Worldwide (Singapore) Advertising Pte Ltd.
• TMP Worldwide Advertising & Communications (HK) Ltd.
• TMP Worldwide Advertising & Communications Co.
• TMP Worldwide Advertising & Communications, LLC
• TMP Worldwide Germany GmbH
• TMP Worldwide India Private Limited
• TMP Worldwide Publicidade Brasil Limitada