Effective Date: September 27, 2017
Factual values the privacy of its customers and consumers. Factual’s customers include clients of Factual’s Services (defined below), third parties (e.g., publishers) that provide data to Factual, as well as brands, advertising agencies, application developers, media and technology platforms, and others who visit any Factual website that links to this policy (“Site”) or otherwise use Factual’s Services (collectively “Customers”). “Consumers” include individuals who use Factual’s applications or who use applications from which Factual receives or collects data (such as applications that are owned and/or operated by Factual’s Customers).
When Consumers use Factual applications or engage with our Customers (e.g., by using their mobile applications or viewing an ad provided by our Customers, or by using an app that has integrated our software development kit (“SDK”)), we may collect or receive Device Data that may (but does not necessarily) include the following:
The Device Data that Factual receives from its Customers or from Consumers may be combined with additional information Factual collects or receives from third-party sources. For example, Factual may have information about consumer products, events held at specific locations, street addresses, and categories of geographic locations or points of interest. While such information is associated with a specific device, it is treated as Device Data.
Please see Section 5 below for a description of the information that Factual collects through its Site and in connection with Factual accounts.
Factual generally uses the Device Data it collects or receives for the following purposes:
Factual’s Services help application developers, publishers, advertisers, marketers, and other companies and organizations learn more about Consumers based on Device Data including Device Geolocation Data. For example, the Services help Customers:
Factual may also work with third parties, such as brands, advertising agencies, media platforms and publishers (such as app developers), and other advertising platforms to improve their own services. The above list is not exhaustive, but it is intended to provide illustrative examples of how Factual uses the Device Data it collects and receives.
Factual provides Customers with standard segments based on health-related interests or information, to deliver interest-based advertisements and for other purposes; these segments are based on data that is not considered sensitive under the Network Advertising Initiative Codes of Conduct. For a complete list of such non-sensitive health segments, please click here.
Factual may retain the Device Data:
After this Factual will delete or de-identify the Device Data. However, Factual may retain Device Data beyond these time periods as required by law.
Please see Section 5 below for a description of how Factual may disclose information collected from this Site and/or Factual accounts.
Factual, and some of Factual’s Customers, provide the ability for Consumers to opt out of the collection and use of mobile app data across apps over time on a device, for interest-based advertising purposes, through the DAA’s AppChoices tool. To opt out of Factual’s collection, use, and transfer of such app usage data and of Device Geolocation Data, for interest-based advertising purposes, Consumers can download AppChoices onto the relevant mobile device and exercise choice through the app. When such choice is exercised on a device, Factual will also stop using and transferring Device Data from that device for interest-based advertising on other linked devices, and will stop using Device Data from other linked devices for interest-based advertising on the device from which choice was exercised. AppChoices is available at the links below:
Please note that Consumers who use more than one mobile device should renew their opt-out choices on each device. Consumers who opt out from use of their Device Data as part of Factual’s Services may continue to receive interest-based advertising from other companies.
Consumers who have downloaded Factual’s applications, but who no longer wish to provide information to Factual for interest-based advertising purposes, should opt out through AppChoices as described above.
Factual may permit third parties to collect information on its Site and combine that information with other information collected on non-affiliated websites or applications over time. These third parties may use technologies, including cookies and web beacons, to collect information about Consumers’ or Customers’ use of the Site in order to analyze, report on, or customize content or advertising on the Factual Site or on other sites, or to help us operate and improve the Site. To find out more about interest-based advertising in the web environment, and how to opt-out of information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page. EEA and Swiss residents, please refer to www.youronlinechoices.com.
Factual sometimes works with web-based Customers, such as to coordinate and integrate information across platforms. To find out more about interest-based advertising in the web environment, and how to opt-out of Web viewing information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAI’s opt-out page or DAA’s Consumer Choice Page. EEA and Swiss residents please refer to www.youronlinechoices.com.
For Users who provide Factual with an email address, Factual may use such email addresses for administrative communications such as marketing, notifying Users of major Site and Services updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact Users regarding any content that they have posted to or downloaded from the Site or Services. If you do not want to receive promotional emails, please follow the unsubscribe instructions within the email.
To review or update your contact or billing information maintained by Factual, you can contact us via our contact form.
Factual’s server logs also automatically collect User information such as Users’ IP addresses, pages Users access, browser type and language, and the date and time of visits, which helps Factual track use of the Site and understand trends.
Factual may place one or more cookies on a User’s computer if the User visits the Factual Site. Factual’s cookies may collect information to facilitate access to Factual’s website and to personalize the User’s online experience.
Analytics: Factual also works with third-party service providers, such as Google Analytics, which collect information about Users’ use of the Site and Factual Services (and other unrelated sites over time). Data collected via Google Analytics can be connected to other data that Factual has about its Users. These third-party service providers may use tools such as cookies, web beacons, and similar technologies to provide their services. These technologies may be used to assist Factual in offering the Site, such as managing the content on the Site and understanding how Users interact with the Site. Factual does not control the third-party technologies employed on its Site for this purpose. To learn more about how Google Analytics collects and processes data and the choices Users may have to control these activities, please visit http://www.google.com/intl/en/policies/privacy/partners.
Factual may disclose personal information collected on this Site or through other account tools (including contact or billing information):
Factual uses reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Users’ personal information.
Factual does not knowingly collect personal information from children under 13 years old or from websites or online services directed to children under 13 years old. Users should not create Factual accounts unless they are legally old enough to form a binding contract and in any case are 13 years of age or older. In the unlikely event that you are the parent or legal guardian of a child under 13 who has registered with the Site or Services, please contact Factual to have your child's personal information deleted.
For Users visiting the Site or Consumers whose data is collected through the Services from non-U.S. territories, please note that any data entered into the Site or that is collected through the Services will be transferred outside such non-U.S. territory for use by Factual and its affiliates for any of the purposes described herein. In addition, because Factual operates globally, it may make information it gathers available to worldwide business units and affiliates. By providing and/or using any data on the Site or through Factual’s Services, individuals hereby expressly consent to such transfers of data to the United States or other countries.
More Information for Individuals from the European Economic Area (“EEA”) and Switzerland
EU-U.S. Privacy Shield and U.S.-Swiss Safe Harbor
Factual complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from EEA member countries, as that term is defined in the Privacy Shield Framework. Factual 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. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
Additionally, Factual complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from Switzerland. Factual has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/.
Residents of the EEA and Switzerland have the right to access the personal data that Factual maintains about you, as that term is defined in the Privacy Shield Framework, and you may be able to correct or amend that information if it is inaccurate or has been processed in violation of the Privacy Shield Principles, to the extent allowed by law. To exercise this right, please email firstname.lastname@example.org. For information on opting out of interest-based advertising enabled by Factual, please see Section 4(a) above.
Factual is accountable for information that it receives under the Privacy Shield and subsequently transfers to a third party. In particular, Factual is responsible under the Privacy Shield Principles if third-party controllers to whom it transfers information or third-party agents it engages to process this information on its behalf do so in a manner inconsistent with the Principles.
P.O. Box 49348
Los Angeles, CA 90049
Factual has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles or the U.S.-Swiss Safe Harbor to JAMS. If you do not receive timely acknowledgment from Factual of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. A binding arbitration option may also be made available to you in order to address complaints not resolved by any other means.
Factual is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
What is the legal basis on which Factual relies to process personal data?
On some occasions, Factual may process personal data with the individual’s consent (for example, when a User agrees that Factual may place cookies, or process information that the User inputs into the Factual website).
On other occasions, Factual may process personal data when Factual needs to do this to fulfil a contract (for example, for billing purposes) or where Factual is required to do this by law.
Factual also processes a User’s/Consumer data when it is in Factual's or its Customer's legitimate interests to do this and when these interests are not overridden by the individual’s data protection rights. Those legitimate interests include providing services to enable Factual’s Customers to provide more relevant ads and content.
Who is responsible for the data?
For the majority of the services it offers, Factual, Inc. is a data processor who processes data on behalf of its Customers.
For certain other services for which Factual is a data controller and for processing of personal data derived from the Site, Factual, Inc. is the data controller of the data.
If you have any questions or comments please contact Factual at the contact details set out at Section 11 below.
You may ask Factual for a copy of your information, to correct it, erase it, and to transfer it to other organisations at your request. You also have rights to object to some processing and, where Factual has asked for your consent to process your data, to withdraw this consent. Factual will only send marketing to you, if you have indicated that you are happy to receive marketing information from us. In addition, you have rights to object to direct marketing at any time. Where Factual processes your data because Factual has a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations – for example, where Factual can demonstrate that it has a legal requirement to process your data.
Factual hopes to satisfy queries you may have about the way Factual processes your data. For details on how to opt-out of Factual's interest-based advertising services, please see Section 4(a) above.
However, if you have unresolved concerns you may also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.
Factual’s Site may include links to other websites, apps, and services whose privacy practices may differ from Factual’s practices. Information collected from by those companies is governed by their privacy policies or statements.
Factual’s Site may offer a publicly accessible blog and/or a support forum. Any information provided in any such areas may be read, collected, and used by others including the general public.