Privacy Policy

Privacy policy

SMARTPROSPX.AI, LLC ADVERTISING AND MARKETING DATA SERVICES PRIVACY POLICY

This Privacy Policy describes the manner in which SmartProspX.ai, LLC dba ProspX.ai (“ProspX.ai”), primarily as a market research and digital marketing agency collects, stores, and uses information to provide marketing, advertising and business intelligence services to its clients (the “Services”). Our Services consist of working with certain third parties, themselves, who may be data aggregators (“Partners”), and/or who gather data directly from consumers. Our advertising solutions, either directly or indirectly, through the services that we receive from our Partners, include working with publishers, advertisers, and demand sources to deliver advertising campaigns and business insights that are derived from our Partners’ networks (“Networks”) of mobile applications (“Apps”) and websites (“Sites”). To be clear, all of our Partners represent and warrant to us that they have collected and gathered consumer data through legally compliant means and require that we, too, use any data that we receive in accordance with applicable federal and state laws.

For users of our Services, this Privacy Policy is subject to our Terms of Use Policy that is set forth on our subscription platform URLs for end users of the Platform (“End User(s)”) and/or hard copies of End User agreements that are part of our contracts with our clients.

RESPECTING YOUR PRIVACY

We provide this Privacy Policy to make consumers and our own clients (“Clients”) better aware of our practices regarding how we use their information.  As described throughout this Privacy Policy, we provide a number of marketing services to help our clients to create marketing strategies that are designed, in party to send relevant, data-driven marketing communications.  This includes Services to improve direct mail, email, paid search, geofencing and digital and social media ad campaigns, by targeting them to consumers’ interests, activities and demographics.

INFORMATION COLLECTION

ProspX.ai provides its online Advertising Services to Advertising Clients through site retargeting, search retargeting, contextual retargeting, Facebook API, and location-based services including “Geofencing” of Internet users. These services are generally provided through third-party websites owned and/or operated by our Advertising Clients who publish their own content on the Internet.

We may use Personal Information such as physical addresses from our Advertising Clients, which is de-identified and use for Geofencing and to provide analytical reports to our Advertising Clients. We may also use information from third-party data providers, such as physical addresses (including precise geo-location data), information about physical locations of a device over time, and information about consumer characteristics such as demographics and predicted interests.

Through our Advertising Services, we use information about users’ online activities over time and across non-affiliated web sites, mobile applications, or online services, as applicable, and across multiple devices including connected TVs. We use information that is collected from and about users (“you” and “your”), when you visit or use the Sites and Apps on our Partners’ Networks. We may use this information from our Partners’ Sites and Apps, the Sites and Apps of our clients, and other third-party websites, ad exchange networks we work with to provide the Services. As described more fully in this Policy, we may use information from our Partners such as your device ID; IP address; geolocation data (if you have enabled your device to share location information) (“Authorized Geolocation Data”); cookie identifiers; another unique identifier; browser type; operating system; date/time stamp, responses by a web visitor to an advertisement delivered by us or a third party; the website from which you accessed the Site or App; click-stream data about your activity on the Site or App such as the times you access the Site or App, and the pages and content you visit; and the types of products, services, and content along with retail locations in which you may be interested based on your online and App activities, and we also use Authorized Geolocation Data to assess your buying interests, together with the resting location of your device, where available, to allow our clients to target marketing and advertisements to you that are designed, not only to enhance your online consumer experience, but to correspond to your consumer experience based upon where your Authorized Geolocation Data identified your general physical location(s).

The information we may use in operating our Services consists of both Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information used or intended to be used to identify a particular individual (e.g., name, contact addresses, billing information and government identifiers such as a driver’s license). We will collect PII that you voluntarily provide to our Partners and clients, such as information you provide in completing a registration form, information you publicly share over social media including your username or handle, photos, and other public information you make available based on your privacy settings on third party sites and services.

“Non-PII” is information that is linked or reasonably linkable to a particular computer or device but does not reveal your specific identity or directly identify an individual. Non-PII may include browser and device information, pages visited, language preferences, date and time an ad was served, clicks on ads, and other anonymous traffic data; your Authorized Geolocation Data; unique identifier, including mobile device identifier or statistical identifiers (which may collect and use certain characteristics of your device to help us identify it over time), demographic information, and aggregated information. Non-PII enables us to recognize your device when you use Sites and Apps across our Partners’ Networks and in connection with our Services. 

Non-PII also may include unique, individual identifiers (“UIDs”) that our marketing Partners, create that are derived from PII but have been de-identified, through various means.  These UIDs are often used in delivering online ads, for instance, and in deploying online “cookies.”  We may receive these UIDs along with other “non–PII” (e.g., pages viewed, browser type, time and date of visits) that is based on website visits or email opens.  This data may be used to improve the operation of these websites, improve visitors’ experience to the websites, to identify or remediate possible threats to the website’s security, and for other operational and management purposes, as well as for “retargeting” relevant offers to visitors based on web browsing activity.

 

The information that we receive may also include information about consumers’ visits to websites and information regarding advertising exposure (“web log data”). Web log data may include browser type, IP address, type of ad served, and date of ad delivery. This information is used to optimize ad campaigns and measure their effectiveness. Web log data may also be used to provide ads about goods and services that are most likely to be of interest to individuals.

 

Like many marketing platforms and other companies, we may combine, link or aggregate the various data we collect or obtain in order to provide our services.  We refer below to all of the information we receive, collect, or create as the “Information” (whether used in combination or alone).

COOKIES AND PIXEL OPTIONS

Our Partners may use cookies, pixel, or other technologies that enable us to measure the effectiveness related to serving advertising and for business intelligence. You are free to set your browser, operating system and device settings to de-activate our Partners’ ability to identify your device when advertising is served or to decline cookies. Please refer to your mobile device settings, and your web browser and operating system’s settings, for more information on how to disable your browser or operating system from receiving cookies and controlling your advertising preferences.

You should also check the settings for any Apps you are using if you want to disable location access by the App.

Digital Advertising Alliance (“DAA”) is an independent non-profit organization and leading advertising and marketing trade association, which establishes and enforces responsible privacy practices. The DAA’s URL is https://digitaladvertisingalliance.org.  You may learn more about companies that engage in various types of online targeted and retargeted advertising, some of whom we partner with, and also learn about how to opt out of receiving targeted emails from those companies. We also recommend visiting the opt-out pages offered by the Network Advertising Initiative.  These “opt out” mechanisms rely on cookies, so if you browse the web from multiple browsers or devices, you will need to opt out from each browser and/or device to ensure that we withhold our Online Marketing Services on all of them.  Similarly, if you use a new device, change browsers or delete the all of your cookies, you need to repeat this opt-out function again.

 

Residents of the EU may have additional choices with respect to the Personal Data we process about them. Please see our Section below on European Data Protection and Data Transfer for more details.

 

You may also click here to opt-out of ProspX.ai’s marketing services platform OPT-OUT PAGE 

 

When you opt out, we will cease sharing your Information with partners and clients for marketing purposes; however, opting out in this way will not immediately affect information that has already been passed to those partners or clients.

HOW WE USE YOUR INFORMATION

Our Services include advertising and business intelligence services that allow us to help our clients to provide more relevant advertising and content to you on Sites, Apps, Networks and to determine what may be your general interest in certain products and services that are in designated physical locations that may be convenient to you. In general, we use the information collected from and about you to enhance our Services by providing our clients information to allow them to advertise to your device and/or to provide other marketing collateral via email and/or via US mail to you with advertising and content that is more closely related to your interests. We may also use data to measure the effectiveness of ad campaigns. Data used to create online audiences is de-identified, helping ensure that neither the ad server nor our cookies contains PII. While our advertising services are targeted, our system is set up to create anonymous user profiles and not to identify individuals specifically. We may share Non-PII, aggregated information, and de-identified information with our clients, advertisers and Partners.

Our Services include data and measurement services, which provide robust data information and reports to advertising clients and Clients. We use non-PII when you use Sites and Apps and some Partners may make non-PII, including geolocation information, available on certain platforms. We can only use geolocation data if you have enabled it on your device and given permission to the Site or App. We use non-PII including this geolocation data in the course of providing our Services, and then utilize technology to derive and provide our clients and Clients with demographic and statistical analyses, such as identifying patterns that will enhance the relevance of ads, providing advertisements to certain types of audiences, identifying, and optimizing trade areas, and business locations, and for helping our clients make informed business decisions about consumer behavior.

You are always free to turn off geolocation (or limit it to certain mobile applications) or to adjust your advertising settings on your device.

We use information from our Partners, which include mobile advertising networks and mobile apps that may deliver advertising onto your mobile device. The  technology collects information about the location of mobile devices and processes it to determine geo location segments that can be used to make digital advertisements and marketing decisions more relevant and useful. We may use this information over time and across websites, mobile apps and devices. We may also supplement the information with audience information from third parties.

We use geo location data generated from your use of your mobile device provided by mobile app publishers (via software development kits (“Mobile SDK(s)” or SDK(s)”), beacon pings or other methodology), other media supply sources in conjunction with the opportunity to purchase advertising inventory, and via data aggregators. When we use geo location data, the mobile app publisher or other media supply source is responsible for enabling you to provide or withdraw consent with respect to the collection and use of your geo location data. You may also control your mobile device directly by enabling or disabling your location settings on your device.

We and our clients and Partners use the information to create data segments, and these data segments are generally based upon your interactions with our clients or other third-party media suppliers, such as the websites that you visit and the mobile applications that you use.

ProspX.ai does not knowingly collect data or create data segments that are based upon what we consider to be sensitive information. We do not collect sensitive health data. We don’t create any data segments to determine credit worthiness, for insurance underwriting or similar purposes; and we do not sell data or products to law enforcement agencies, nor do we collect data or share data for the purpose of tracking individuals – all of which are prohibited by our terms of use with our clients.

We also receive pseudonymous information from third parties, when they choose to provide it to us. This information may interest-based advertising data, including segments provided by third-party data providers for our clients to use in targeting ads through the Services.

You may be assigned by one of our Partners an ID to your browser, computer, or mobile device when an ad is served to it, or you are identified on a client’s website or mobile app. The ID and other information collected can also help our advertising clients measure the effectiveness of advertisements delivered via the Services. They may use our Services to determine within a reasonable level of confidence that a computer or device is the same as one as has been previously interacted. For instance, it may determine that a computer or device to which we served an ad on Monday may be the same computer or device for which we observed a purchase on Tuesday.

In some cases, it may be possible to infer within a reasonable probability that a particular computer or mobile device should be associated with the same ID that has been previously assigned to another computer or mobile device. In other words, in such cases we are able to infer that a device (e.g. your computer) and another device (e.g. your smartphone) are used by the same user. Where such inferences are able to be made, we may use this information to deliver targeted ads across multiple computers or devices, and to improve the services we provide to our clients. This is sometimes referred to as cross-device advertising.

Cookie Technology, Pixels and Mobile SDKs

As also described above, we and our business and marketing partners use cookies and similar technologies to provide marketing services, such as to target or re-target online ad campaigns, or to measure those campaigns.  For instance, we or a partner may track a particular browser’s activities to determine if seeing an ad tends to make consumers’ more likely to visit a web page; or we and our marketing partners may target online or offline advertising to users who expressed interest in a product through online activities.  Thus, we and others may set and access cookies, pixel tags and similar technologies on your device. We and others may, likewise, collect various types of information about your browser, device, or browsing activities through use of these cookies.

Cookies

Cookies are small data files that contain a string of characters, such as a unique browser identifier. Cookies are stored on your computer or other device and act as tags that identify your device.  Our (or other companies’) servers send your device a cookie when you visit a website. We and other online marketing platforms may use cookies to, among other things, “remember” you when you visit a website or receive an email, determine visitor patterns and trends, collect information about your activities on our clients’ sites, or interact with the advertising you see. We use cookies to provide relevant content to you and replace non-relevant communications with ads that better match your interests.

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 and other services may be difficult to use or become inoperable.  In addition, disabling cookies will not necessarily opt you out of interest-based marketing; we instead recommend the opt out methods described above.

Non-Cookie Technologies

In providing our services, we, our marketing partners, or our clients, may work with third-party companies that use techniques other than conventional 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 not respond to browser settings that block conventional cookies, particular if you are using a Safari browser.  You may opt out of some of these technologies by visiting the NAI’s opt out page at http://www.networkadvertising.org; however, if your browser is set to immediately delete or refuse opt-out cookies, or if you use a Safari browser, you may not receive the benefit of this opt-out, or your opt out cookies may be immediately deleted.

Links

This website may provide links to other websites that ProspX.ai thinks users will find interesting or useful. ProspX.ai is not responsible for the privacy practices of these other sites or companies.

SECURITY

All of the user data that we gather, collect from our Partners and/or use is kept by us on servers that we manage, using reasonable administrative, technical and physical safeguards designed to protect against unauthorized access or disclosure of data.   Please be aware that no data transmission over the Internet or information contained in our servers can be guaranteed to be 100% secure. As a result, while we strive to use commercially acceptable means to protect your information, we cannot guarantee or warrant its security. We also cannot guarantee or warrant the security measures that are used by any of our Partners or our clients but we believe that they also engage in commercially reasonable efforts to keep the data secure.

INFORMATION DISCLOSURE

We share the information we collect, including personal information, for the following purposes:

  • Your personal information may be transferred to anyone who is helping us make the Sites, Apps, and Services available and functional, like technical agents, payment processing vendors, other subcontractors, and our affiliates and consultants.
  • We may disclose your personal information if permitted or required by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our users, clients, Partners, or business partners.
  • Collection of PII may occur, for example, if someone submits information in response to an ad that we provide on behalf of an advertising client. Such information may consist of PII, non-PII, or both. In such situations, we collect the information and provide it to our client, and it will be subject to that client’s privacy practices.

European Data Protection and Data Transfer European Law and the GDPR

As of May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (or the “GDPR”) will be in effect, through the EEA countries.  The GDPR (and other European privacy laws) make a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process Personal Data on behalf of other organizations (known as “data processors”).  The GDPR requires companies that are “Data Controllers” (which includes some of our clients) provide users with certain information about the processing of their “Personal Data.” “Personal Data” is a term used in Europe that means, generally, data that identifies or can identify a particular unique user or device – for instance, names, addresses, cookie identifiers, mobile device identifiers, precise location data and biometric data.   

We sometimes process Personal Data relating to data subjects (i.e., persons) on behalf of these clients, and we therefore often enter into agreements to assist them in complying with their own obligations under the GDPR.  However, if you have a question or complaint about how your Personal Data is handled, we encourage you to direct your inquiry to the relevant data controller, since data controllers are the ones with primary responsibility for your Personal Data.

Additional Disclosures for Residents of California

The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to individual who reside in California. To learn more about California privacy rights and disclosures, view our Privacy Policy Addendum for California Residents https://prospx.ai/privacy-policy-california/

For European Union or European Economic Area Residents

This section applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data: 

  1. the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine‐readable format and, if so, provide you with a copy of that personal data (along with certain other details. Such processing may take up to 30 days. We may need to charge a reasonable fee;
  2. the right to ensure the accuracy of your personal data;
  3. the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion as per GDPR regulations);
  4. the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
  5. rights in relation to automated decision‐making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
  6. the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
  7. the right to complain to a supervisory authority in your country of residence in the event that data is misused.

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Compliance Officer at: privacy@prospx.ai

To the extent that we are data controllers of Personal Data, and as it pertains to that data, please note the following:

  1. We rely on performance of our contracts, and our legitimate interests, as a legal basis for our processing of the data that we control.  For instance, when we process and retain our Clients’ Personal Data, or send information to companies that we believe are interested in our services, we rely on these legal bases.
  2. We retain the data that we control for as long as is necessary or appropriate to fulfill the purpose for which the data was collected;
  3. You may request access to, or deletion or correction of, the Personal Data that we hold about you by contacting us through the contact information listed in herein.  If you request that we delete your Personal Data, we will remove you from our marketing lists, but will continue to maintain certain Personal Data where we have an important legal, accounting, billing or auditing reason to do so.

CHANGES TO THIS PRIVACY POLICY

This section applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data: 

  1. the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine‐readable format and, if so, provide you with a copy of that personal data (along with certain other details. Such processing may take up to 30 days. We may need to charge a reasonable fee;
  2. the right to ensure the accuracy of your personal data;
  3. the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion as per GDPR regulations);
  4. the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
  5. rights in relation to automated decision‐making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
  6. the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
  7. the right to complain to a supervisory authority in your country of residence in the event that data is misused.

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Compliance Officer at: privacy@prospx.ai

To the extent that we are data controllers of Personal Data, and as it pertains to that data, please note the following:

  1. We rely on performance of our contracts, and our legitimate interests, as a legal basis for our processing of the data that we control.  For instance, when we process and retain our Clients’ Personal Data, or send information to companies that we believe are interested in our services, we rely on these legal bases.
  2. We retain the data that we control for as long as is necessary or appropriate to fulfill the purpose for which the data was collected;
  3. You may request access to, or deletion or correction of, the Personal Data that we hold about you by contacting us through the contact information listed in herein.  If you request that we delete your Personal Data, we will remove you from our marketing lists, but will continue to maintain certain Personal Data where we have an important legal, accounting, billing or auditing reason to do so.

CHANGES TO THIS PRIVACY POLICY

This section applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data: 

  1. the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine‐readable format and, if so, provide you with a copy of that personal data (along with certain other details. Such processing may take up to 30 days. We may need to charge a reasonable fee;
  2. the right to ensure the accuracy of your personal data;
  3. the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion as per GDPR regulations);
  4. the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
  5. rights in relation to automated decision‐making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
  6. the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
  7. the right to complain to a supervisory authority in your country of residence in the event that data is misused.

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Compliance Officer at: privacy@prospx.ai

To the extent that we are data controllers of Personal Data, and as it pertains to that data, please note the following:

  1. We rely on performance of our contracts, and our legitimate interests, as a legal basis for our processing of the data that we control.  For instance, when we process and retain our Clients’ Personal Data, or send information to companies that we believe are interested in our services, we rely on these legal bases.
  2. We retain the data that we control for as long as is necessary or appropriate to fulfill the purpose for which the data was collected;
  3. You may request access to, or deletion or correction of, the Personal Data that we hold about you by contacting us through the contact information listed in herein.  If you request that we delete your Personal Data, we will remove you from our marketing lists, but will continue to maintain certain Personal Data where we have an important legal, accounting, billing or auditing reason to do so.

CHANGES TO THIS PRIVACY POLICY

This section applies if you are an individual located in the European Union or European Economic Area. Subject to applicable law, you have the following additional rights in relation to your personal data: 

  1. the right to access your personal data (if you ask us, we will confirm whether we are processing your personal data in a structured, commonly used and machine‐readable format and, if so, provide you with a copy of that personal data (along with certain other details. Such processing may take up to 30 days. We may need to charge a reasonable fee;
  2. the right to ensure the accuracy of your personal data;
  3. the right to have us delete your personal data (we will do so in some circumstances, such as where we no longer need it, but do note that we may not delete your data when other interests outweigh your right to deletion as per GDPR regulations);
  4. the right to restrict further processing of your personal data (unless we demonstrate compelling legitimate grounds for the processing);
  5. rights in relation to automated decision‐making and profiling (you have the right to be free from decisions based solely on automated processing of your personal data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing);
  6. the right to withdraw consent (if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but provided always that this shall not affect the lawfulness of processing based on your prior consent); and
  7. the right to complain to a supervisory authority in your country of residence in the event that data is misused.

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your residence, your place of work or the place of the alleged infringement. You may exercise any of your rights in relation to your personal data by contacting our Compliance Officer at: privacy@prospx.ai

To the extent that we are data controllers of Personal Data, and as it pertains to that data, please note the following:

  1. We rely on performance of our contracts, and our legitimate interests, as a legal basis for our processing of the data that we control.  For instance, when we process and retain our Clients’ Personal Data, or send information to companies that we believe are interested in our services, we rely on these legal bases.
  2. We retain the data that we control for as long as is necessary or appropriate to fulfill the purpose for which the data was collected;
  3. You may request access to, or deletion or correction of, the Personal Data that we hold about you by contacting us through the contact information listed in herein.  If you request that we delete your Personal Data, we will remove you from our marketing lists, but will continue to maintain certain Personal Data where we have an important legal, accounting, billing or auditing reason to do so.

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