\u201d). \u201cWe\u201d, \u201cus\u201d and \u201cour\u201d in this Privacy Notice refer to Omnicom Media Group Holdings, Inc., the company responsible for the collection of your personal information in connection with our Sites.\u00a0<\/span><\/p>\nThis Privacy Notice is intended to assist you in making informed decisions when using our Sites. Please ensure you read and understand this Privacy Notice.<\/span> It sets out the types of personal information we obtain through the Sites, how we may use such personal information, with whom we may share it and the choices you may have regarding our use of that personal information. It also describes the measures we take to safeguard your personal information and how you can contact us.<\/span><\/p>\nOur group of companies consists of us and our network of affiliates, including but not limited to:<\/span><\/p>\n\n- Hearts & Science;<\/span><\/li>\n
- OMD;<\/span><\/li>\n
- PHD;<\/span><\/li>\n
- Outdoor Media Group;<\/span><\/li>\n
- Optimum Sports\/Fuse;\u00a0<\/span><\/li>\n
- Content Collective;<\/span><\/li>\n
- Pathway; and<\/span><\/li>\n
- Resolution Media.\u00a0<\/span><\/li>\n<\/ul>\n
Data controller<\/u><\/span><\/p>\nDepending on where you reside and where relevant legislation applies, we act as the \u201cdata controller\u201d of your personal information which we collect in connection with our Sites. This means that we determine the purposes and means of processing your personal information. To contact us, please see the section of this Privacy Noticed entitled \u201c<\/span>How to Contact Us<\/span>\u201d.<\/span><\/p>\nCalifornia<\/u><\/span><\/p>\nIf you are a California consumer, please see the section of this Privacy Notice entitled \u201c<\/span>California Consumer Privacy Statement<\/span>\u201d.\u00a0<\/span><\/p>\n<\/div>\nSECTION 2:\u00a0 TYPES OF PERSONAL INFORMATION WE COLLECT AND PROCESS<\/b>We may collect or obtain the following types of personal information through or in connection with our Sites:\u00a0<\/span><\/p>\n\n- Identity and Contact Information<\/b>, such as first name, last name, delivery address, billing address, email address, phone number, and social media handle.<\/span><\/li>\n
- Behavioural Information<\/b>, such as your browsing activity obtained through the use of cookies, pixel tags and other similar technologies, information about when your current or previous sessions started, and details about any services you viewed through our Sites.\u00a0<\/span><\/li>\n
- Technical Information<\/b>, such as IP address, browser type and operating system, geolocation, to ensure we are showing you the correct notices and information, and any other unique numbers assigned to a device.<\/span><\/li>\n
- Marketing and Communications Information<\/b>, such as your marketing preferences, service communication preferences.<\/span><\/li>\n
- Information you provide to us, <\/b>such<\/span> as personal information provided via email correspondence or that you decide to provide on or through our Sites e.g., via a contact form.<\/span><\/li>\n<\/ul>\n<\/div>\n
SECTION 3:\u00a0 HOW WE COLLECT YOUR PERSONAL INFORMATION\u00a0<\/b>We may collect or obtain your personal information in the following ways:<\/span><\/p>\n\n- Personal information you voluntarily provide to us.<\/b> You may give us your personal information directly, for example, when you inquire about our services through our Sites.\u00a0<\/span><\/li>\n
- Personal information we collect using cookies and other similar technologies.<\/b> When you access and use our Sites, we collect certain behavioural and technical data. We collect this personal information by using cookies and other similar technologies.\u00a0<\/span><\/li>\n
- Personal information received from third parties.<\/b> We may receive personal information about you from third parties such as analytics providers so that we can provide our Sites.<\/span><\/li>\n<\/ul>\n<\/div>\n
SECTION 4:\u00a0 HOW WE USE YOUR PERSONAL INFORMATION<\/b>We may use your personal information for one or more of the following purposes:<\/span><\/p>\n\n- verifying your identity and responding to and communicating with you about your requests, questions and comments;<\/span><\/li>\n
- administering our Sites including providing various website functionality to you and diagnosing and resolving technical and service problems;<\/span><\/li>\n
- operating, evaluating, and improving our business, such as developing new products and services, managing our communications, determining the effectiveness of our sales, marketing and advertising, analyzing and improving our business, products and services and Sites, and performing accounting, auditing, billing, reconciliation and collection activities;\u00a0<\/span><\/li>\n
- carrying out requests made by you to us;<\/span><\/li>\n
- investigating or settle inquiries or disputes;<\/span><\/li>\n
- comply with any applicable law, court order, other judicial process, the requirements of a regulator, relevant industry standards and our policies;<\/span><\/li>\n
- protect against, identify and prevent fraud, cyber security breaches, and other criminal activities, claims and other liabilities;<\/span><\/li>\n
- protect the rights, property or safety of us or third parties, including our other clients and users of the Site; and<\/span><\/li>\n
- additional purposes from time to time as otherwise required or permitted by law.<\/span><\/li>\n<\/ul>\n<\/div>\n
SECTION 5:\u00a0 HOW LONG WE KEEP YOUR PERSONAL INFORMATION<\/b>We retain personal information only for as long as is necessary for the purposes described in this Privacy Notice, and as required by applicable legal, accounting or reporting requirements, after which it is deleted from our systems.<\/span><\/p>\nIf you have opted out of receiving marketing communications from us, we will need to retain certain limited personal information on a suppression list so that we know not to send you further marketing communications in the future.<\/span><\/p>\n<\/div>\nSECTION 6:\u00a0 SHARING YOUR PERSONAL INFORMATION<\/b>We only share personal information where we are legally permitted to do so. When we share personal information with others, we put appropriate safeguards and security arrangements in place to protect the personal information shared and to comply with our data protection, confidentiality and security standards and obligations.\u00a0<\/span><\/p>\nSubject to the above, we may share your personal information with third parties, as set out below. This list is non-exhaustive and there may be circumstances where we need to share personal information with additional third parties:<\/span><\/p>\n\n- Third parties who perform services on our behalf, <\/b>such as, web applications, data processing and IT services. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.<\/span><\/li>\n
- Our affiliates and subsidiaries<\/b>, such as other agencies to help direct your query to the right place and for internal administrative purposes.<\/span><\/li>\n
- Law enforcement or other government and regulatory agencies and bodies,<\/b> if we are required to do so by law or legal process, based on a lawful disclosure request, or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.<\/span><\/li>\n
- Auditors, lawyers, accountants and other professional advisers,<\/b> as required by, and in accordance with, applicable law or regulation.\u00a0<\/span><\/li>\n
- Other third parties,<\/b> in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, bankruptcy or liquidation).<\/span><\/li>\n<\/ul>\n<\/div>\n
SECTION 7:\u00a0 DATA SECURITY<\/b>We are committed to keeping the personal information you provide to us secure and have put in place appropriate technical and organizational measures to protect the personal information under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.\u00a0<\/span><\/p>\nPlease note that due to the inherent open nature of the Internet, we cannot guarantee that all information will be free from unauthorized access by third parties, such as hackers, and by accessing or using our Sites, you accept this risk.<\/span><\/p>\n<\/div>\nSECTION 8: LEGAL BASIS FOR PROCESSING<\/b>Depending on where you reside and where relevant legislation applies, we may require a legal basis to process your personal information. In such cases, we will rely on one of the following legal bases:<\/span><\/p>\n\n- Consent: <\/b>where you have granted your consent for us to process your personal data for one or more purposes (e.g., for certain forms of marketing or for using non-essential cookies).<\/span><\/li>\n
- Contract: <\/b>where it is necessary for us to perform a contract with you or to take steps at your request to enter into a contract with you (e.g., because you are interested in our services).\u00a0<\/span><\/li>\n
- Legitimate interests<\/b>: where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests (e.g., to improve our website and services). We may rely on one or more legitimate interests, including:<\/span>\n
\n- Administering and improving our business and Sites, including providing access to our Sites<\/span><\/li>\n
- Security purposes (e.g., to ensure the security of our Sites)<\/span><\/li>\n
- Responding to enquiries and other correspondence from you<\/span><\/li>\n
- Providing our Sites and other services in an efficient and effective manner<\/span><\/li>\n
- Direct marketing and other promotional purposes<\/span><\/li>\n
- Assisting public authorities<\/span><\/li>\n
- Enforcing our legal or contractual rights<\/span><\/li>\n
- Facilitating business transactions<\/span><\/li>\n<\/ul>\n<\/li>\n
- Legal obligation:<\/b> in order to comply with a legal obligation to which we are subject (e.g., if we receive a court order to disclose your personal information).<\/span><\/li>\n<\/ul>\n<\/div>\n
SECTION 9:\u00a0 YOUR PRIVACY AND DATA PROTECTION RIGHTS<\/b>Depending on where you reside and where relevant legislation applies, you may have the following rights in relation to the personal information we hold about you under certain circumstances:<\/span><\/p>\n\n- Right to Access.<\/b> To obtain the confirmation that we process personal information about you, to access and obtain copies of the information, as well as information relating to the processing we carry out.<\/span><\/li>\n
- Right to Rectify.<\/b> To request your personal information be updated or corrected where appropriate.<\/span><\/li>\n<\/ul>\n
\n- Right to Delete.<\/b> To request your personal information be deleted, where appropriate.<\/span><\/li>\n<\/ul>\n
\n- Right to Restrict Processing.<\/b> To request that we restrict the processing of your personal information in some circumstances, such as where you contest the accuracy of the personal information, while we investigate your concern.<\/span><\/li>\n<\/ul>\n
\n- Right to Data Portability.<\/b> To receive your personal information in a commonly used electronic format, including that we transfer your personal information in that format directly to another person.<\/span><\/li>\n
- Right to Object.<\/b> To object to certain types of processing, such as, direct marketing, profiling, and for purposes of scientific or historical research and statistics.<\/span><\/li>\n
- Right to Withdraw Consent. <\/b>To withdraw your consent at any time when the processing relies upon consent (such withdrawal shall not affect the lawfulness of our processing of your personal information based on consent before its withdrawal).<\/span><\/li>\n
- Right to complain to a supervisory authority or other regulator<\/b>. You may have the right to lodge a complaint with a supervisory authority or other regulator, for example in the country in which you reside, place of work or where the alleged infringement took place. We ask that you contact us in the first instance to attempt to resolve your complaint before you complain to a supervisory authority or regulator.<\/span><\/li>\n<\/ul>\n
To exercise any of these rights, you may contact us at\u00a0<\/span>privacy@omnicommediagroup.com<\/span><\/a>. You can exercise your right to complain to the relevant supervisory authority or other regulator by contacting them via contact details indicated on their website.<\/span><\/p>\n<\/div>\nSECTION 10:\u00a0 DATA TRANSFERS\u00a0<\/b>Some of the personal information we collect about you through our Sites may be transferred to countries other than the country in which the information was originally collected, including to our headquarters in the United States. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described below.\u00a0<\/span><\/p>\nWhen transferring your personal information outside of the country in which it is collected, we will ensure that we have implemented appropriate safeguards for the transfer which will involve one of the following where recognized by applicable law: (1) we will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for your personal information by the relevant governmental authority in the country from which your personal information is being transferred; or (2) we may use contractual provisions which impose obligations on the recipient to apply appropriate safeguards when processing your personal information (to find out more about the contractual provisions we use, including if you would like to obtain a copy, please email us at <\/span>privacy@omnicommediagroup.com<\/span><\/a>).\u00a0<\/span><\/p>\nEU-US \/ Swiss-US Privacy Shield Framework<\/b><\/p>\n
We and certain affiliates comply with the Privacy Shield Framework, as set forth by the U.S. Department of Commerce regarding the notice, choice, onward transfer, security, data integrity, access and enforcement of personal information transferred from the European Union and Switzerland to the United States.\u00a0<\/span><\/p>\nWhile we do not rely on Privacy Shield for cross-border data transfers, we have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles and are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.\u00a0<\/span><\/p>\nWhen we receive personal information under the Privacy Shield and then transfer it to a third-party recipient acting as our agent, we have certain liability under the Privacy Shield. If the agent processes the personal information in a manner inconsistent with the Privacy Shield Principles, we will be responsible for the event giving rise to the damage.<\/span><\/p>\nIf you are a resident of the European Union or Switzerland and are not satisfied with the manner in which we have addressed your concerns about our privacy practices, you may seek further assistance, free of charge, from our designated Privacy Shield independent recourse mechanism, <\/span>TRUSTe<\/span><\/a>. You may have the option to invoke binding arbitration for the resolution of your complaint under certain circumstances.<\/span><\/p>\nTo learn more about the Privacy Shield program, and to view our certification, please visit <\/span>https:\/\/www.privacyshield.gov\/<\/span><\/a>. Our affiliates certified under Privacy Shield include Accuen Inc., OMD Worldwide Holdings, Inc., Media Services, Inc., Resolution Media Inc., Pathway Group LLC, Hearts and Science LLC, OMG Entertainment & Sports LLC, PHD Media LLC, OMD USA LLC.<\/span><\/p>\n<\/div>\n