Vertical Mass – Privacy Policy

Vertical Mass, Inc. (“we,” “us”, “Vertical Mass” and “our”) is a data company that operates a data management platform (the “Platform”) designed to help website, social, and mobile application operators (our “Partners”) manage, process and protect consumer data. The Platform also helps deliver targeted advertising messages for companies that are in the business of digital advertising (our “Clients”) from data we receive from our Partners. At Vertical Mass, we believe the privacy of Internet Users is of great importance. This Privacy Policy explains how we collect and use information and data when you use Vertical Mass’s website (“Site”). This Privacy Policy is subject to change, so you are advised to consult this Privacy Policy regularly. Any changes will go into effect on the “last updated” date shown in the revised Privacy Policy. By continuing to use our Site, you consent to the revised Privacy Policy.

Privacy Practices for data collected from the Site and from Clients

Personally Identifiable Information
We generally collect personally identifiable information (“PII”) via our Site only if you provide it to us by asking a question or registering with us. The PII may include your name, company information, postal address, email address and your telephone number. We use this PII to answer your questions and to facilitate your registration with us. We also collect PII from our Clients. For example, we need PII to enable Clients and Partners to login to the Site and for billing purposes. The PII collected via the Site or from Clients is not shared, sold or rented to any other third parties unless otherwise specifically provided in this Privacy Policy.

Logfile Data and other pseudonymous information
We collect certain logfile data and other pseudonymous data (“Pseudonymous Data”) from visitors to our Site. On our Site, it may include such information as your Internet Protocol address, your User Agent, your browser and o/s type, referrer and your activity on the Site. We use this Pseudonymous Data to help us better understand who is visiting our Site so that we can better maintain the Site, consider new features or otherwise tailor or enhance our services.

Cookies and Web Pixels
For Pseudonymous Data that we collect on our Site, we employ the use of web “pixel tags” and/or “cookies.” Pixel tags are small bits of code that provide a method of delivery information on a webpage which allows the operator of the page or a third party to collect information about the users of the page. Cookies are small text files that are stored on the browser of your computer that uniquely identify your browser and provide information to the cookie sender. Many websites send cookies to the browsers that are visiting those sites, and many browsers are initially configured to accept cookies. For more information about cookies and pixel tags, please visit http://allaboutcookies.org. At this time, we do not recognize automated browser signals regarding tracking, including “do-not-track” signals.

Privacy Practices for our Data Platform

Vertical Mass collects or otherwise obtains data from websites and mobile applications operated by our Partners (the “Partner Sites and Apps”). We operate a platform (the “Platform”) that obtains data from Partner Sites and Apps in order to help target advertising messages and conduct analytics on behalf of our Clients. Our Partners are typically sports, music or celebrity brands. For example, your favorite sports team may operate a Site or App that you visit regularly. Or perhaps a celebrity chef or iconic pop singer you like may have a Site that collects email addresses from you and other fans. Those types of brands may contract with Vertical Mass to host the data they collect from you and other Internet Users so that it may be bundled into profiles such as “enjoys pop music.” And those profiles may be of interest to advertisers looking to engage certain types of Internet Users - and offer them advertisements for products or services which may be of interest to them. More information on how Vertical Mass uses information below.

Personally Identifiable Information
We receive Personally Identifiable Information as well as Pseudonymous Data obtained from Partner Sites and Apps in order to buy media via Facebook and other social networking platforms.

Logfile Data and other Pseudonymous Information
We obtain Pseudonymous Data from Partner Sites and Apps such as IP address, user agent, browser type, computer (or mobile device’s) operating system, mobile o/s advertising ID (e.g., IDFA for iOS) or other pseudonymous identifiers. We also receive interest segments from our Partners so we can conduct interest-based advertising via the Platform on behalf of Clients. We also enable Partners to manipulate the data they store on the Platform to create profiles for ad targeting, analytics and market research practices as described below.

How Does Vertical Mass Use Data Processed Via the Platform?
Vertical Mass enables Partners to do a better job of understanding who comes to their Sites and Apps and provides tools and services which enables our advertising Clients to leverage that data for advertising purposes. Although not all of these use cases are applicable everywhere we operate, here are the most common use cases for the data processed by Vertical Mass:

Cookies, Web Pixels and other Tracking Technologies
We use cookies, web pixels and mobile advertising IDs on our Platform to help us better recognize Users over time and across multiple non-affiliated websites and apps. We also engage in ID synching (sometimes also referred to as cookie syncing) in order to help us link data from multiple advertising platforms and purchase ads in more than one place. For more information about cookies and web pixels, please visit http://www.allaboutcookies.org. We also use statistical ID’s, which are created when our Platform collects a user agent, browser fonts and similar information.

Choice Mechanisms
We offer multiple choice mechanisms for our use of information on the Platform. The opt-out is generally applicable to our interest-based advertising (“IBA”) and our cross-device advertising services although Internet Users located in the EU are afforded additional opt-out rights described below. You can opt-out as follows:

Where we are able to detect the presence of an opt-out signal, we won’t engage in IBA or cross-device advertising via the Platform.

Privacy Practices for the Site and Platform

Data Security
We employ reasonable industry standard measures to protect against the unauthorized access, disclosure, modification or destruction of the PII and Pseudonymous Data. While we are committed to ensuring the security of such data, you should be aware that no protection measures can provide a 100% guarantee of security. Consequently, we do not warrant or guarantee the security of the data we collect.

Data Retention
We retain PII obtained via the Site for so long as necessary to answer your question or concern and then for a reasonable time thereafter. We rain PII collected from Clients and Partners for so long as we have a business relationship and then for a reasonable time thereafter or as required by law. We will retain Pseudonymous Data collected via the Platform for targeting purposes for 60 days and may hold it for operational purposes for up to 13 months. We will retain Pseudonymous Data collected via the Site for up to a year in order to ensure our Site is operating properly. After such time, we only retain such data on an aggregated basis for analysis.

Children Under 13 Years of Age
Vertical Mass’s Site, Platform and our products and services are not intended for persons under 13 years of age and are not intentionally developed for or directed to children. We do not knowingly solicit or collect any PII from children under the age of 13, nor do we knowingly market our products or services to children under the age of 13.

Data Integrity, Purpose Limitation
Data Integrity, Purpose Limitation
We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use as described above.

Disclosure of Information to Third Parties, Onward Transfer
Vertical Mass may share PII with trusted third-party partners such as Client and Partner billing and payment processing vendors and hosting providers for our Site, App and Platform. These third-party contractors are prohibited from using the information for purposes other than performing services for Vertical Mass.
The above notwithstanding, we may disclose any of the Pseudonymous Data, any PII or any other information we collect when we believe that we have a legal obligation to do so or to protect the safety, property or rights of Vertical Mass 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 cases of onward transfer to third parties of the personal data of EU and Swiss individuals received pursuant to the EU-US and Swiss-U.S. Privacy Shield, Vertical Mass is potentially liable.
If all or part of Vertical Mass is sold, merged, or otherwise transferred to another entity, the Pseudonymous Data and PII gathered by us may be transferred as part of that transaction. We will take reasonable measures to ensure that such data is used in a manner consistent with the Privacy Policy under which it was collected. If such a change in our corporate structure occurs, you will be notified as described below in the section entitled “Your Consent and Changes in this Policy.”
We will also provide an EU or Swiss individuals with opt-out or opt-in choice before we share their PII with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. If you’re located in the EU and seek to limit the use and disclosure of your information, please submit a written request to info@verticalmass.com.

Disclaimer
We have no control over, nor any responsibility for, the privacy policies and/or content of any of third party websites or mobile applications. As a result, we disclaim any and all responsibility for, or affiliation with, any third-party cookies, pixels or practices. We do not authorize third parties to collect PII about your online activities over time and across different websites when you use our Platform or services. Similarly, our Client’s use of data obtained from the Platform is subject to the privacy policy of each Client.

Your Consent and Changes in This Policy
By visiting our Site, you hereby consent to our collection, storage, and dissemination of your data as described above. If we decide to change our Privacy Policy, we will post those changes in this location and other places we deem appropriate so that you are aware of such changes. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.

Access and Deleting your PII
Although Vertical Mass doesn’t collect PII via our Platform, we offer the ability to access, update, correct, delete, or deactivate any PII that you have provided via the Site, or as a Client or Partner. Please send your request to info@verticalmass.com and the company will process your request within a reasonable period of time after receipt. If you have an account with Vertical Mass, you may be able to access and correct your information and deactivate your account after logging into your account. EU data subjects may have additional rights as described below.

EU Data Subjects
In addition to the above referenced privacy practices, EU Data Subjects are granted additional privacy rights under the General Data Privacy Regulation (“GDPR”). For example, an EU (or Swiss) individual who seeks access, or who seeks to correct, amend, port over and/or delete inaccurate data, or who wishes to limit the use and disclosure of their personal data should visit our EU Subject Access Page http://site.verticalmass.com/sar/. Those rights also include the right to complain to EU Supervisory Authorities.

With respect to EU data subjects, personal data includes Pseudonymous Data such as an IP address, a mobile advertising ID or a cookie ID as well as PII. Where Vertical Mass receives from an EU data subject a request to cease processing of data via one of the choice mechanisms listed above, we will stop all data processing with respect to the opted out browser or device unless such processing is required by law. EU Data subjects wishing to object to our processing of data using the opt-out methods described above should note that the presence of an opt-out cookie tells our systems not to process your personal data.

Vertical Mass operates the Platform and provides the Services as a “data controller” under the GDPR. Although Vertical Mass generally processes data via the Platform and Services as directed by our data provider Partners, such Partners do not necessarily control which IBA profiles are provided to which advertising Client, as this is defined according to the terms of each agreement between Vertical Mass and each respective Data Partner. While Vertical Mass does create profiles of Internet Users, none of those profiles contain sensitive information, nor do the profiles present a “high risk” to the fundamental human rights of EU data subjects. As a result, we generally process the data via the Platform via our legitimate interest but may obtain a consent depending upon the type of data subject to processing and the policies of the applicable Partner providing such data.

Vertical Mass processes certain EU personal data provided by Clients and Data Partners under contractual necessity. For example, we require the billing details of our Clients located in the EU to process payment for the Services. We collect contact details from EU data subjects via our Website with consent. Our sales and marketing team may obtain additional contact details for current and prospective Clients via our legitimate interest where we think it is not overridden by the fundamental human rights of applicable data subjects.

Vertical Mass’ data protection officer and EU representative is Dr. Christoph Bauer, CEO at ePrivacy GmbH and he may be contacted at privacy@verticalmass.com.

Privacy Shield
Vertical Mass complies with the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks 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. Vertical Mass has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. We are subject to the investigatory and enforcement powers of the FTC with respect to our adherence to Privacy Shield. If there is any conflict between the policies in this privacy policy, or our Terms of Use, and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page once it is available, please visit https://www.privacyshield.gov.

Contact Information
For questions or concerns relating to privacy, please email info@verticalmass.com.
Alternatively, you may contact us at the address below:
Vertical Mass, Inc.
Attn: Privacy Officer
8923 Sunset Blvd.
Los Angeles, CA 90069

Enforcement and Privacy Complaints by EU and Swiss Citizens
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Vertical Mass commits to resolve complaints about your privacy and our collection or use of your personal information. Persons located in the European Union and Switzerland who have inquiries or complaints regarding this privacy policy should first contact us at info@verticalmass.com.

We have further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Last Updated: May 23rd, 2018