Política de privacidade

I. PERSONAL DATA ADMINISTRATOR

The administrator of your personal data is Publishers Revenue Optimization sp. z o.o. based in Wrocław, ul. Braci Gierymskich 76, 51-640 Wrocław, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000520454, NIP number 894-30-54-999, with a share capital of PLN 78,100 (hereinafter referred to as the “Administrator”).

Administrator’s contact details:

Address for correspondence: Publishers Revenue Optimization sp. z o.o., ul. Braci Gierymskich 76, 51-640 Wrocław, Poland.

E-mail address: gdpr@optad360.com.

II. GENERAL INFORMATION

The Administrator ensures that he takes special care to protect the rights of persons whose personal data are processed in connection with the use of the Administrator’s website.

The administrator ensures that the data we collect is:

1. processed in accordance with currently applicable law,

2. processed solely for the purpose of achieving specific purposes based on applicable legal provisions, in particular the provisions of the General Data Protection Regulation and the Personal Data Protection Act,

3. adequate in relation to the purposes for which they are processed,

4. stored for no longer than necessary to achieve the specific processing purpose.

III. DEFINITIONS

Whenever a term written with a capital letter is used in the content of this Privacy Policy, it should be understood as follows:

1. Administrator Publishers Revenue Optimization sp. z o.o. based in Wrocław, ul. Braci Gierymskich 76, 51-640 Wrocław, KRS 0000520454, NIP 894-30-54-999.

2. Cookies means IT data, in particular small text files, saved and stored on end-use devices, in particular such as computers, telephones, tablets. Cookies record and store specific information, which can then be accessed by ICT systems for specific purposes. Most often, they are used to optimize the process of using the website as well as to collect statistical data allowing to identify how the website is used. Cookies are used in the following products: optAd360 CMP.

3. First Party Cookies means cookies placed by the Administrator.

4. Third Party Cookies means cookies placed by the Administrator’s partners via the Website.

5. Personal Data means information relating to an identified or identifiable natural person. An identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, a PESEL identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic or mental, economic, cultural or social identity of the natural person.

6. Anonymous Information information about the User regarding how the user uses the website, provided to the Administrator via individual tools used by him, including Google Analytics. However, due to the type of information collected, the Administrator cannot assign it to a specific user.

7. Other tracking technologies other than cookies, tracking technologies based on, among others: on the analysis of users’ network traffic (e.g. SharedID, ID5, Unified ID 2.0, Liveramp ATS).

8. Processing of personal data means an operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collecting, recording, organizing, structuring, storing, adapting or modifying, retrieving, viewing, using, disclosing by sending, disseminating or otherwise making available, matching or combining, restricting, deleting or destroying.

9. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movement.

10. GDPR General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation [hereinafter referred to as the Regulation or GDPR]).

11. Newsletter – means a service provided by the Administrator electronically, consisting in sending the user marketing information regarding the activities conducted by the Administrator.

12. Service – means a website, application or service under which the Administrator runs a website operating in the optad360.com domain.

13. Device – means an electronic device through which the User gains access to the Website.

14. User – means a natural person using the Website.

IV. PURPOSE OF PROCESSING YOUR PERSONAL DATA

The User’s Personal Data may be processed by the Administrator for the following purposes:

1. registering an account on the Website and maintaining it – based on acceptance of the terms of the Regulations – based on Article. 6 section 1 letter b GDPR,

2. fulfillment of the Administrator’s legal obligations related to accounting, bookkeeping and taxes – based on Article. 6 section 1 letter c GDPR,

3. sending the User marketing information, i.e. Newsletter – based on the User’s voluntary consent – based on Article. 6 section 1 letter a GDPR and Article 6(1) 1 letter f GDPR, in the event that consent to transmitting such content is not required and the Administrator’s advertising interests can be pursued without prejudice to the User’s interests,

4. conducting direct marketing of own products and services using profiling methods, including based on the assessment of Users’ preferences, which constitutes a legally justified advertising interest Administrator – based on Article. 6 section 1 letter f GDPR,

5. communication with the User – which constitutes the legally justified interest of the Administrator – based on Article. 6 section 1 letter f GDPR,

6. pursuing or defending against claims, which constitutes the legally justified interest of the Administrator – based on Article. 6 section 1 letter f GDPR,

7. informing about job offers and collecting application documents as part of recruitment processes – based on Article. 6 section 1 letter b GDPR i.e. taking actions leading to the conclusion of a contract and based on the User’s consent – based on Article. 6 section 1 letter a GDPR,

8. adapting and developing the functionality of the Website, including its structure and content to the individual needs of Users and maintaining the security and quality of the services provided by the Website using technology that collects and processes data stored in cookies, including: by using mechanisms monitoring activity when using the website – based on the justified interest of the Administrator and the User’s consent – based on Article. 6 section 1 letter a and f GDPR,

9. creating an archive if the Administrator needs to defend, establish or pursue specific claims by Users or third parties – based on Article. 6 section 1 letter f GDPR,

10. conducting analytical and statistical activities using Anonymous Information for this purpose – based on Article. 6 section 1 letter f GDPR.

V. CATEGORIES OF PROCESSED PERSONAL DATA AND A DESCRIPTION OF THE METHOD OF THEIR PROCESSING

1. The Administrator processes the User’s Personal Data related to the provision of a service provided electronically, consisting in enabling registration and use of the Website’s tools and the optAd360 AI Engine system. In this respect, the Administrator processes in particular such Personal Data as: name(s) and surname(s), e-mail address, telephone number, correspondence address, country of origin, language in which you want to be contacted. Providing the above-mentioned Personal Data is necessary to fulfill the obligations arising from the concluded contract. If they are missing, the Administrator will not be able to create a User account.

2. For purposes related to communication with the User, the Administrator processes in particular such Personal Data as: name and surname, telephone number, e-mail address and the language in which the User wants to communicate with the Administrator. In addition, other Personal Data provided by Users in the content of correspondence are also processed. Providing this Personal Data is voluntary in this respect, but necessary to establish contact with the Administrator as well as to enable the Administrator to subsequently handle correspondence. The Administrator indicates that in order to ensure the possibility of demonstrating specific facts in the future, the Administrator reserves the right to archive the history of correspondence with a particular User. In connection with the above, the User may ask the Administrator to provide him/her with the history of archived correspondence and to delete it.

3. For purposes related to sending marketing information via the Newsletter, including commercial offers, the Administrator processes the following Personal Data for Use: name and e-mail address. Providing the above Personal Data is voluntary, but necessary to subscribe to the Newsletter. The User may unsubscribe from the Newsletter at any time. For this purpose, it is necessary to click on the appropriate link visible in the e-mails received from the Administrator or send the applicable information about unsubscribing to the Administrator’s e-mail address, i.e. gdpr@optad360.com.

4. For purposes related to conducting direct marketing activities, the Administrator processes the following User Personal Data: information about the history of services ordered and provided, methods of using the Website and the User’s geolocation.

5. For purposes related to the recruitment process, the Administrator processes in particular the following Personal Data of candidates: name and surname, date of birth, contact details, information about education, professional competences and previous experience, and other data provided directly by the candidate in the application documents.

6. In order to optimize the Website, introduce new functionalities and operate the optAd360 AI Engine system, the Administrator undertakes a number of analytical and statistical activities using Anonymous Information and cookies provided by specific tools such as Google Analytics. The Administrator is not able to provide the User with access to Anonymous Information because, due to its level of generality, it is not possible to assign it to a specific User. In this regard, the Administrator may also use other tracking technologies that are not based on cookies and which do not allow for direct or indirect identification of the User (they do not constitute the User’s personal data).

7. In connection with the contract for the provision of electronic services concluded between the User and the Administrator, the Administrator is obliged to fulfill its accounting and tax obligations, in particular issuing invoices, including invoices in the Administrator’s accounting documentation and storing it. In order to issue an invoice, the Administrator processes the User’s Personal Data such as: name and surname, company, registered office address, NIP, REGON.

VI. DATA STORAGE

1. The User’s Personal Data will be processed for the period in which the User has an active account on the Administrator’s Website, as well as after the termination of the contract for the provision of electronic services concluded with the Administrator for the period necessary to comply with the law, pursue or defend against possible claims, but not longer than 6 years from the date of termination of the contract for the provision of electronic services.

2. Users’ Personal Data processed for the purposes of sending marketing information will be processed until the consent given by the User is withdrawn, with the reservation that the withdrawal of this consent does not affect the compliance of data processing that was carried out before the withdrawal.

3. The User’s Personal Data processed for direct marketing purposes will be processed for the duration of the purpose for which they were collected, but no longer than until an objection to such processing is submitted.

4. The User’s Personal Data processed for the purposes of the recruitment process will be processed until a candidate is selected for the position specified in the advertisement. If you consent to leaving your application documents for the purposes of future recruitment processes, your data will be stored for 12 months from the date of consent by a given candidate to their further processing for future recruitment purposes.

5. The User’s Personal Data processed for the purposes of communication with the User and handling correspondence will be processed until the end of communication with the User, unless, due to the need to demonstrate the course of correspondence in the future, it will be necessary to archive it. In such cases, the Administrator is not able to clearly determine for what period the correspondence will be archived.

6. The User’s Personal Data processed for the purpose of sending marketing information via the Newsletter will be processed until the Administrator unsubscribes from the Newsletter or resigns from continuing its operation. At the same time, the Administrator indicates that the User’s Personal Data may also be processed after unsubscribing from the Newsletter, if it proves necessary for the purpose of possible defense of claims related to sending the Newsletter to the User, in particular for the purpose of demonstrating specific facts by the Administrator in the future.

7. Personal Data processed by the Administrator in connection with the fulfillment of its tax and accounting obligations will be processed for the period specified in the provisions of tax law, i.e., among others: Accounting Act, Tax Ordinance.

8. Personal Data processed in connection with the determination, investigation and defense of claims will be processed by the Administrator until the limitation period for specific claims expires, and the limitation period for claims may vary in the light of applicable legal provisions.

9. Personal Data related to the archive created by the Administrator will be processed until they lose their usefulness.

10. Processing of data resulting from the use of cookies or other tracking technologies is stored for the period until the date of the User’s objection or withdrawal of consent to such processing.

VII. RECIPIENTS OF PERSONAL DATA

1. Your personal data may be disclosed:

A. the hosting provider on whose server the User’s Personal Data is stored,

B. online payment operators (such as PayPal, Payoneer or Bank Transfer),

C. entities providing legal services related to the Administrator’s activities,

D. entities providing IT services related to the activities of the Administrator,

E. other than the entities indicated above, which, pursuant to legal provisions, are entitled to obtain from the Administrator information related to its business, which may also include Personal Data,

F. subcontractors, in particular entities providing and operating selected IT systems and solutions, in particular those enabling User profiling,

G. entities providing accounting and bookkeeping services to the Administrator. To the extent necessary to fulfill tax and accounting obligations, the User’s Personal Data may also be transferred to tax offices. In addition, Usage Personal Data may be made available to bodies or institutions authorized to gain access to data under the law, in particular such as courts, prosecutor’s offices, police services and security services,

H. to Optad360 sp. z o.o. based in Wrocław (at ul. Braci Gierymskich 76, 51-640 Wrocław), entered into the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under KRS number: 0000546171, REGON: 36091371800000, NIP: 7010471176. The entrustment is based on a personal data entrustment agreement. The entrustment is necessary due to the assistance of optad360 in achieving the objectives of Publishers Revenue Optimization indicated in Chapter VI. The categories of data processed on the basis of entrustment include those indicated in Chapter V. The data is processed for the period indicated in Chapter VI.

2. Your Personal Data may be transferred outside the European Economic Area. In connection with the Administrator’s use of tools provided by entities storing Personal Data on servers located in third countries, in particular in the USA. The transfer of the User’s Personal Data will then be made on the basis of standard data protection clauses adopted by the European Commission, ensuring appropriate protection of the privacy and rights and freedoms of the persons concerned. Entities cooperating with the Administrator whose servers are located in the USA are subject to additional verification in terms of their certification in accordance with the decision on adequacy established in the decision of the European Commission The European Commission adopted an implementing decision of July 10, 2023 issued on the basis of the regulation of the European Parliament and of the Council (EU) 2016/679.

VIII. INFORMATION ABOUT YOUR RIGHTS

1. In connection with the processing of Personal Data by the Administrator, the User has the following rights:

A. The right to access Personal Data – The User is entitled to obtain from the Administrator confirmation whether his Personal Data is being processed, and in the case of processing, he is entitled to access information regarding the details of their processing, in particular the purpose of processing and the categories of their processing. The User also has the right to request a copy of the Personal Data being processed.

B. The right to rectify processed Personal Data – The User has the right to rectify false Personal Data. In addition, you also have the right to request that incorrect or misleading information regarding your Personal Data be replaced, supplemented or deleted.

C. The right to delete User’s Personal Data (right to be forgotten) – is available to the User only when exercising the right to delete Personal Data and only in situations where the Administrator has no other legal basis for their further processing.

D. The right to limit the processing of Personal Data to a specific purpose – in a situation where, in the User’s opinion, Personal Data held by the Administrator are processed incorrectly or unjustifiably, the User has the right to request that the processing of his Personal Data be limited only to their storage or performance of activities agreed with the User.

E. The right to transfer Personal Data – The User has the right to receive Personal Data provided to the Administrator in a structured, commonly used format. Moreover, he has the right to send the received data to another administrator. The User also has the right to request that his/her Personal Data be sent by the Administrator directly to another administrator, if technically possible.

F. Right to object – The User has the right to object to Personal Data processed by the Administrator based on the legitimate interest of the Administrator.

G. Withdrawal of consent to the processing of Personal Data – The User has the right to withdraw previously granted consent to the processing of his Personal Data at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of this consent before its withdrawal.

H. The right to lodge a complaint with the competent supervisory authority – if it is found that the Administrator processes Personal Data in a manner inconsistent with applicable law, the User may submit a complaint to the President of the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw). If you wish to exercise the rights described above, the User is obliged to contact the Administrator in writing to the address of the Administrator’s registered office or via e-mail at the following address:gdpr@optad360.com.

IX. INFORMATION ABOUT AUTOMATED DECISION MAKING, INCLUDING PROFILING

The User’s Personal Data will be profiled in order to adapt the Administrator’s marketing activities to your individual needs and preferences. If profiling could result in decisions having legal consequences for the User, the Administrator will only carry out such profiling after obtaining the User’s consent.

X. SECURITY OF PERSONAL DATA

The Administrator applies appropriately selected organizational and technical measures aimed at ensuring specific security standards for the Personal Data processed by him. Personal Data protection is ensured by the use of specific systems and procedures aimed at securing processed Personal Data against disclosure to unauthorized persons. Moreover, Personal Data obtained by the Administrator are stored in computer systems to which access is strictly limited.

XI. COOKIES POLICY & OTHER TRACKING TECHNOLOGIES

1. Types of cookies used:

A. The cookies used by the Administrator are safe for the User’s Device. In particular, this way it is not possible for viruses or other unwanted software or malware to penetrate Users’ Devices. These files allow you to identify the software used by the User and customize the Website individually for each User. Cookies usually contain the name of the domain from which they come, the time they are stored on the Device and the assigned value.

B. Due to the necessity to provide the service, the Administrator uses 3 types of cookies:

• Necessary – absolutely necessary for the proper functioning of the website or functionality that the user wants to use.
• Analytical – called statistical – collect information about how often the website is visited and how it is used. This aggregated and anonymous information is used to improve the content and performance of the site – this is not possible without consent.
• Advertising – also called marketing – allows the display of advertisements tailored to the profile of the User visiting the website. Based on your browsing history, profiles are built and shared with advertising partners so that personalized ads are displayed on other websites.

C. Due to the time for which the cookie will be placed on the User’s end device:

• Session – temporary, which remains in the User’s browser memory until they leave the optad360.com website – they are mandatory for the proper operation of selected applications and the correct display of the website content. The session cookie mechanism does not allow downloading any personal data or any confidential information from the User’s Device.
• Constant – used to make the website more attractive to the User, including: to remember the User’s preferences when using the website or to display personalized advertisements, are not deleted after closing and are stored on the User’s device between sessions. The persistent cookies mechanism does not allow downloading any personal data or any confidential information from the User’s Device.

D. The User has the option to limit or disable access to cookies to his/her Device. If you use this option, you will be able to use the Website, except for functions that by their nature require cookies, including the optAd360 CMP tool.

E. Cookies used on the “optad360.com” website include:

• “_ga” file – allows the service to distinguish individual users and lasts for 2 years. The “_ga” file is used by all websites that use Google Analytics (including Google services). Each “_ga” file is unique to a specific service, so it cannot be used to track you or your browser on other, unrelated sites.
• “_gat” file – allows you to distinguish users.
• “_gid” file – enables the collection of internal information about the User’s activity in order to improve the experience of using the website.
• “optad360_cookies_consent” file – enables the identification of the user’s consents expressed (or not) to the storage of data allowing the user to display advertisements tailored to his preferences based on his behavior on the website.

2. Purposes for which cookies are used:

The administrator uses cookies for the following purposes:

A. Website configuration:

• adapting the content of the Website pages to the User’s preferences and optimizing the use of the Website pages,
• recognizing the Website User’s device and its location and appropriately displaying a website tailored to his or her individual needs,
• making it easier to browse the website resources on subsequent visits,
• remembering the settings selected by the User and personalizing the User’s interface, e.g. in terms of the selected language or the region from which the User comes.

B. User authentication on the Website:

• ensuring the security of providing services electronically, including maintaining the Website User’s session after logging in and recognizing the user during the next session,
• correct configuration of selected functions of the Website, enabling in particular verification of the authenticity of the browser session,
• optimizing and increasing the efficiency of services provided by the Administrator.

C. Implementation of processes necessary for the full functionality of websites, including the creation of aggregated statistics to improve the functionality of the website, its structure and content,

D. Analyzes and research as well as audience audit – creating anonymous statistics that help understand how Website Users use the Website’s websites, which allows improving their structure and content,

E. The service administrator uses External cookies for the following purposes: collecting general and anonymous static data via analytical tools – Google Analytics [cookie administrator: Google Inc based in the USA],

F. The administrator of the optAd360 AI Engine product in the optAd360 CMP tool uses cookies to:

• storing or accessing information on the device,
• selecting basic ads,
• creating a personalized advertising profile,
• selecting personalized ads,
• creating a profile of personalized content,
• selecting personalized content,
• measuring advertising performance,
• measuring content performance,
• using market research to generate audience opinions,
• developing and improving products.

The product offered by the Administrator (optAd360 CMP) is compliant with the requirements of the TCF 2.0 standard (Transparency and Consent Framework).

3. Possibilities of determining the conditions of storage or access via Cookies:

A. default browser settings allow storing cookies,

B. the user may independently change cookie settings at any time, specifying the conditions of their storage and access via cookies to the User’s Device,

C. the settings referred to in the previous sentence can be changed by the User using the web browser settings (commonly used: Mozilla Firefox, Internet Explorer, Google Chrome, Opera, Safari) or via the service configuration. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about each time Cookies are placed on the User’s device,

D. detailed information about the possibilities and methods of handling cookies is available in the software (web browser) settings,

E. the user can delete cookies at any time using the available functions in the web browser he uses,

F. limiting the use or blocking of cookies may affect some functionalities available on the Website,

G. cookies saved on the website User’s end device may be used by trusted entities cooperating with the Administrator,

H. in the optAd360 CMP tool, the user can personalize cookie settings.

4. Tools offered by the Administrator:

A. Tool using cookies:

• optAd360 CMP that is Consent Management Platform. This is a tool that manages website users’ consent to the use of their data for personalized advertising. It provides a list of advertising providers who receive information stored in cookies, so you can see who you allow to use your information. CMP is necessary for all websites with recipients from the European Union and required by all providers of programmatic technological solutions. optAd360 CMP is certified by IAB Europe, proving compliance with the Transparency & Consent Framework v2.0. Thanks to the certification of our tool by IAB as Consent Management Platform Service, you can be sure that it meets the requirements necessary for the Administrator to make it available to external entities.

B. Other tools offered by the Administrator:

• optAd360 AI Engine – the processing of personal data and cookies does not occur in the indicated product. The owner of the indicated product is optAd360, which is the processing entity for the Administrator. If you have any questions, please contact the Administrator.
• Revenue Booster – the processing of personal data and cookies does not occur in the indicated product. If you have any questions, please contact the Administrator.
• Recovery Tool – the processing of personal data and cookies does not occur in the indicated product. If you have any questions, please contact the Administrator.
• Ad Mapper – the processing of personal data and cookies does not occur in the indicated product. If you have any questions, please contact the Administrator.
• Ad Revenue Index – the processing of personal data and cookies does not occur in the indicated product. If you have any questions, please contact the Administrator.
• Ad Gallery – the processing of personal data and cookies does not occur in the indicated product. If you have any questions, please contact the Administrator.

5. Other Tracking Technologies:

The Administrator may use tracking technologies other than cookies. These technologies are anonymous and based on the analysis of network traffic as well as communication between many applications. These solutions operate in two standards:

• FLoC (Federated Learning by Cohorts) is a solution that allows you to create anonymous cohorts based on user interests. Once categories of users with similar interests are created, they are processed for advertising purposes. This solution is based on anonymous, aggregated data (not about a specific user, but about the entire cohort to which a given user belongs).
• FLEDGE is a technology that aims to enable the use of remarketing and advertising targeted to custom audiences without sharing data with third parties to track user behavior. FLEDGE operates on the basis of a multi-stage process leading to the selection of the advertisement that the user will see, and the whole thing is based on invoking appropriate JavaScript codes at individual stages of this process.

The above solutions are not all tracking technologies that can be implemented by the Administrator. Anonymous network traffic tracking technologies are constantly developing and may be replaced by new solutions.

XII. FINAL PROVISIONS

The Administrator reserves the right to make changes and update the content of this Privacy Policy if it is necessary in connection with changes in applicable law or the introduction of new functionalities on the Website by the Administrator.