Privacy Policy
Updated June 27, 2024
Notice at Collection
Personal information includes information that directly identifies you, such as your name and email address (“Personally Identifiable Information”), and information that can be associated with you or linked to you, including information about your browser or device (“Device Identified Information” or “Device Information”). All of this information together is considered “Personal Information” or “Personal Data.”
At Perform Media, Inc. (“We,” “Us,” “Our” “Perform Media”) we work to maintain your trust. We provide technology and services that help advertisers place their messages on web pages and search results that they believe may match the interests of their customers and potential customers, for example by choosing search words or content that relate to the advertiser’s products and services.
We are committed to fair information practices to protect the privacy of visitors to the Perform Media website and the many websites where our technology is employed (“Users”). This notice, our Privacy Policy, explains how we collect, use, share and disclose information about users of the Perform Media website and the Perform Media platform and technology. We refer to all of these together as the “Services.”
Perform Media owns and operates other independent websites and services besides PerformMedia.com that may collect, store, and use information about users differently. These websites have their own privacy policies and are not described here. We may perform Services for some of these, or to other affiliated websites and services as though they were independent websites or services, and some affiliated companies may provide services to us.
You can click on the topics listed below to learn more about them.
In this policy, we describe:
How We Use the Personal Information We Collect
How, Why and to Whom We Sell or Share Personal Information
Sources of the Personal Information
Protections for Children’s Privacy
U.S. State Privacy Rights and Choices
Personal Information We Collect
Over the past 12 months we have collected the following information and we continue to collect it:
Information about your browser and device. When you visit our website or a website where our technology is used, we collect Device Information, personal information that is automatically communicated by your browser about your interaction with the page you are visiting. This information does not directly identify you, but it tells us about your device and browser. This includes:
Your Internet Protocol, or IP, address. We collect your Internet Protocol (IP) address, the address of your device on the Internet. This allows the web page and advertisements to be delivered to you.
- Which browser you are using.
- The type of device and operating system (windows, iOS, android) you are using.
We also collect identifiers that we or our partners associate with your browser or device to help us provide our Services, such as.
Cookie IDs or other user ids that are specific to your web browser, but do not directly identify you. (You can learn more about cookies here.)
Click IDs, ids that are added to your browser when you click on an advertisement.
No mobile identifiers. We do not collect other identifiers or information about your visit to a website from mobile or other devices or from other online or connected activity that does not rely on browsers.
No Sensitive Information. We do not collect any sensitive information about you. If we collect information from a web page that includes information about health conditions, including sensitive health conditions, we do not use the Device Information from that page to draw inferences about you or build profiles of you. We discard the Device Information in accordance with our Data Retention Policies.
No Information about Children. Our Services are intended for use by other businesses, and our website and Services are not directed to children or used for advertising to children. We do not knowingly collect any personal information from children under 16.
Information you provide us. When you contact us through our website or by email or phone to express interest in our products or services, to subscribe to our promotional or informational email messages, to communicate with us about an ongoing business relationship, or to tell us you would like to make choices about how we use your information, you provide us with your email address, and possibly your name and other contact information. You may also provide us with information about how you use, or would like to use, our services. When we send you a survey, you have the choice of whether to provide additional information about yourself, including demographic information, and to tell us about your use of our Services.
Information about Email Delivery. We collect information about whether the email messages we send are opened.
HOW WE USE PERSONAL INFORMATION WE COLLECT
We use your IP address to ensure the right ads are delivered to you and to determine your general geographic region. For example, this may allow us to determine your country, city, or the metropolitan area from which you are accessing the Services. It does not tell us your precise location.
We use the information we receive about your browser and the type of device and operating system you are using to communicate with advertisers and other partners about how best to deliver ads to you. We also use this information to help us analyze the way our Services are accessed and used so that we may improve them.
We use cookie IDs or similar assigned identifiers that are placed on your browser or device by us, by websites that use our Services, or by other partners to make sure the same device does not see the same advertisement too many times. We may also use cookie IDs to recognize your device or browser if you have visited our website, or the website of one of our content partners, before. We also use the information about your visits to web pages which we receive from cookies to help us understand how our services are used and improve our services.
We use click IDs to measure and report on the number of people who engage with advertising messages so that we and the advertiser can determine how effectively the advertisements communicate about the products they describe.
We use all of this information that does not directly identify you to analyze and report on the performance and effectiveness of our Services and to improve our Services.
We use the information you provide us through contact forms or by phone or email to respond to your requests, communicate with you about our products and services, and maintain business relationships.
We use information we collected by Google Analytics on our behalf, and their analysis of that information, to better understand our customers’ use of our website and Services and improve them.
We use information from surveys to develop and improve our business and our Services.
How, Why and to Whom We Sell or Share Personal Information
We do not disclose personal information in exchange for money, but we may share it for other valuable consideration as part of the way we provide our Services. Some U.S. states may consider this to be a “sale” of personal information.
When you visit our website we disclose the information you provide us or that we collect from your browser or device to service providers who assist us in providing services, but are not permitted to use this personal information for their own or other purposes. We also share this information with our analytics partners, including Google Analytics.
We share information about the interaction of your browser or device with websites, search services, and advertisements with advertisers and their representatives and business partners so that they can determine whether certain advertisements are likely to interest you and decide whether they want to present those ads to you. We also share this information with advertisers and their business partners to report on how we performed our services and to help with analysis of the effectiveness of their advertising.
When you visit other websites or use search services, we share information we receive about your device’s interaction with the website or search results you are viewing, and we use this personal information for reporting and analysis of advertising performance. This reporting is done in aggregate form, describing how website visitors behave as a group, not as a report on your individual activity.
We share some information, such as cookies or similar IDs, with advertisers and their business partners to help them manage ad selection and delivery so that you see ads that make sense in the context where you are viewing them, and you do not see the same advertisement too many times. We also share this information with advertisers to communicate information about ad delivery for analysis of the effectiveness of their ads.
When we share device information with advertisers and with other third-party companies that help websites communicate with advertisers and with companies that help advertisers deliver their ads, they and the websites that use our services are required to disclose their own privacy and information practices through privacy notices on their own websites. Their information practices may be different from ours, but they must also honor privacy laws in the areas where they operate. We contractually require all of the parties with which we share information to have their own privacy policies. Service providers (including subcontractors and processors) are permitted to use personal information they process only to provide services to us and for no other purpose. Third parties, websites, and advertisers (and their partners) have broader rights to use personal information for their own purposes but must still respect user choices.
As we discuss below, if we receive notice of choices you make when you visit a website or otherwise, we will pass that information along to the third parties with which we share information, and will require them to honor certain choices also, such as your choice to opt out of sale or sharing.
We do not knowingly sell or share the personal information of children under 16.
When we receive a valid legal demand from a government authority we are sometimes required to share personal information. We may share personal information with authorities to protect the personal safety of users, employees or others.
We may disclose Personal Information if we determine that we are required to do so:
- To comply with applicable laws, or with legal process served on us;
- To protect or defend our rights or the rights of any of our users or business partners;
- To enforce our terms of use or other agreements; or
- To protect anyone’s rights, property or safety (including our own).
If we are involved in a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy, we will share personal information with an acquiring entity and its advisors.
Sources of Personal Information
We collect information from:
Your interaction with our website or the websites or search results pages where we provide advertising.
Cookies, pixels, web beacons and other such technologies that are used to identify a web browser or device and provide information about its interaction with websites and advertising.
Advertisers and their representatives provide us with information about their advertisements and the rates they are willing to pay to display them so that we can find the right context in which to deliver the ads (the right web pages or search results).
Websites send information through their business partners that tells us what kinds of ads they are interested in displaying and the rates they charge for the display of these ads.
Choices you make, such as about whether to opt out of the sale or sharing of personal information, or opt out of targeted advertising, are passed to us from the websites you visit and through code that is attached to your browser.
Contact information is provided to us when you fill out a web form on our website, call us, or email us, or in the course of ordinary business communications.
We receive contact information, other information you provide to us, and information about how you interact with a social media service such as LinkedIn, Twitter, Facebook or Instagram.
We use clear gifs (web beacons) in email messages we send to determine whether you open them.
Cookies are small pieces of code stored on your browser that can allow information about the web pages you have visited to be stored on your browser communicated by your browser to websites and others. Some cookies are necessary to allow web pages to function. You can reject other cookies by changing the settings in your browser, however, this may limit the functionality of certain web pages and services, and it could mean that some of your choices, which may also be stored in cookies, will be lost.
Promotions or advertisements displayed via the Services may also contain cookies, and we do not have access to or control over information collected by outside advertisers when you click on any such promotions or advertisements.
We do not collect information from web pages through mobile IDs or other non-cookie identifiers.
For information about how to control the use of cookies to collect and store personal information for interest-based advertising, see Your Rights and Choices below.
Please see our cookie policy for further information about the cookies we may store on your browser when you visit our website.
Your Rights and Choices
Depending on where you live and where you access our services, you may have the right to request that we:
- provide you information about how we use your personal information;
- give you access to, and a copy of, your personal information that we store on our system;
- update, correct or delete your information held in our files;
- stop using, and require that third parties stop using, some or all of your personal information for certain purposes, even if you continue to use our site or services; and
- discontinue contacting you by phone or by email.
You may exercise these rights by submitting a privacy rights request here or by emailing us at privacy@performmedia.com. You may also exercise you privacy rights through the page that describes the rights available to people in your state.
Some of our services are used to deliver interest-based advertising. We are a member of the Network Advertising Initiative (the “NAI”), a self-regulatory organization. We comply with its codes of conduct and offer choices that all NAI members offer. You can opt out of our use (and all NAI members’ use) of your personal information for interest-based advertising, through the NAI’s opt-out tool here. Information about opting out of the use of your personal information for interest-based advertising on mobile devices is available here.
You can also find out more about the use of cookies for interest based advertising, and opt out of the use of your personal information for interest-based advertising at www.aboutads.info/choices in the U.S. and www.youronlinechoices.com in the EU/UK.
Please note that for all choices you make about cookies, if you use a different web browser or computer or you clear, block, delete or restrict your cookies after opting out, you may need to repeat your choices.
Consumers from certain U.S. states have specific rights and choices available to them. You can get more information about these state specific rights, and exercise your choices, here.
Universal Opt-Out Signals
We honor “Global Privacy Controls” or other universal opt out signals you can set in some browsers where we are required to do so by applicable law. These are signals you can send from your browser to a website to convey your choice to exercise certain opt-out rights granted by individual states.
Do Not Track
We do not honor Do Not Track signals sent by browsers that do not meet the requirements of universal opt out signals or global privacy controls under applicable law.
We maintain a presence on some social media services where you can learn about us and communicate with us about our Services. We collect the same kinds of information from these social media pages that we collect from our own website. In addition, you may share information about your visits to our websites and your use of our Services with social media services if you are logged into them.
Google Analytics
We use Google Analytics for site analysis. For more information about Google Analytics go to http://www.google.com/policies/privacy/partners (“How Google uses data when you use our partners’ sites or apps”). Users who don’t want their data collected and disclosed to Google Analytics can install the Google Analytics opt-out browser add-on. To opt out of Google Analytics, go to https://tools.google.com/dlpage/gaoptout .
Data Retention Practices
We retain your personal information only for as long as we need it.
We retain information from advertisers and their representatives and from business partners for up to a year after we end our business relationships with them, unless we have a valid legal reason to retain it longer.
We retain information about the ads that web pages are interested in receiving for thirty days.
We retain cookie information for no more than 60 days.
We truncate IP addresses soon after we collect them where required by applicable law. We retain IP addresses we log and other device information for no more than 180 days.
We retain aggregated information for reporting and analysis for 7 years, unless we are legally or contractually required to keep it longer.
We retain personally identifiable information you provide through business communications as long as our business relationship continues, and in some cases longer if we need to retain it to exercise our legal rights or defend legal claims.
We retain information from surveys for two years, in aggregate form.
Data Security
No information security is perfect, but we use commercially reasonable efforts and rely on technical and operational measures common in our industry to protect personal information and keep it secure. These methods may include encryption, limiting access to personal information to those who need to know it, and limiting how long we retain information.
We expect the Services to include features that will help us track down bugs and crashes; some of these features will include reports that are generated by our users’ devices, and these reports include information about device type, capabilities, and other software running at the time of the crash. You will have the option whether or not to provide this information to us, and it will always be provided to us anonymously. This information will never include Personal Information and never be identifiable by use, and we will use this information for our development, debugging and other quality improvement efforts.
Protections for Children’s Privacy
Our services are primarily intended for use by other businesses, and our website and services are not directed to children or used for advertising to children. We do not knowingly collect, use, sell or share any personal information of children under 16.
International Users
General Information. Our Services are provided in, and are directed at, users from the United States. Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we will process your information to the United States, which may not provide the same level of protection for your personal data as the laws of other countries. When another company transfers personal data to us from the European Union, we agree to protect it as if it were protected under the General Data Protection Regulation (GDPR).
International users should know that the controller of the Perform Media website is PerformMedia.com, Inc. If you have a question or complaint, you can contact our privacy office as described in the “contact” section of this privacy policy. European users can also contact their local data protection authority.
Our EU-GDPR Representative is:
Rickert Rechtsanwaltsgesellschaft mbH
-PerformMedia-
Colmantstraße 15
53115 Bonn
Germany
art-27-rep-performmedia@rickert.law
Our UK-GDPR Representative is:
Rickert Services Ltd UK
– PerformMedia –
PO Box 1487
Peterborough
PE1 9XX
United Kingdom
art-27-rep-performmedia@rickert-services.uk
Legal Basis for Processing. In the European Union, we rely on three different legal bases for processing data– consent, legitimate interest, and contractual requirements.
If you are in the European Union, we obtain your consent before we place cookies or other tracking technology on your browser or device. When we provide services that assist in the delivery of personalized advertising, we require that the websites where the advertising is displayed obtain your consent to the use of your personal information for this purpose first and provide evidence of that consent to us.
When we rely on our legitimate interest as the legal basis for processing personal information, we first weigh whether the risk that the processing poses to data subjects outweighs the benefits we obtain by processing the data. If we are not able to reduce the risk to the data subject, or the benefit of the processing does not outweigh it, we do not process the personal information. We rely on our legitimate interest when we use limited information (such as the content on the page where an ad appears), without developing a profile of data subjects, to assist in ad selection and delivery. We do not believe that the use of this general information, which is not used to create a profile of you, presents a substantial risk to you and it permits us to provide advertising you may find relevant based on the content you are viewing. When a website relies on its legitimate interest to present advertising to you and it communicates that to everyone involved in ad delivery we too rely on legitimate interest. We also rely on legitimate interest to determine how many times an advertisement has been presented to you (so that you do not see it too often) and to detect fraud. There is little risk to you from the limited use of data in these processes compared to the benefit of maintaining the integrity of the ad process.
We rely on contracts or potential contracts as the legal basis for processing the business contact information of our business partners and potential partners.
Changes to this Policy
We may revise this policy from time to time – e.g., to keep up with changes in the law, or to reflect changes in how we are doing business. All Services that are governed by this policy will always include our most up-to-date privacy policy, and we include an effective date at the top of the policy, so you can quickly see when we last updated the policy. We will always include links to previous policies so that you can compare them. Any updates or modifications to this privacy policy will be effective as soon as we post the updated privacy policy to the Services unless we say otherwise, and it is your responsibility to review this privacy policy periodically to make sure you continue to be in agreement with all of its terms.
Material changes to this policy will not apply to information we have already collected unless we receive your consent for them to do so.
Contact Us
We provide our users with a number of ways to contact us, so that they can reach us with their comments and questions. Our website has a “Contact Us” page that includes a contact email address and may also include a message form that you can complete in order to contact us directly from the website. You can also contact us through any social media pages we maintain, as well as other business networking platforms. If you communicate with us by email, even if you have not previously provided us with your email address, we will use your email address if necessary, in order to respond to you, and we may retain your email address in our files during and for a period after the time that we are in communication.
You can contact us at:
PerformMedia.com
P.O. Box 232047
Encinitas, CA 92023-2047
You can communicate about this privacy policy by emailing privacy@performmedia.com.
U.S. State Privacy Rights and Choices
If you are a California consumer, you have the right to:
- know what information we have collected about you;
- ask us to delete your personal information;
- ask us to correct personal information if you believe we are keeping inaccurate information about you; and
- opt-out of the sale or sharing of your personal information, including by sending a GPC signal from your browser.
We will not discriminate against you in any way for exercising these rights.
You can exercise these rights by submitting a privacy rights request here or by emailing us at privacy@performmedia.com. If you have a business account with us, we may use information in that account to authenticate you
For certain requests (requests to know or correct the information we maintain about you) we may email you to confirm your identity. If we cannot confirm your identity for a request to delete information, we will treat it as a request to opt out of sale and sharing. An authorized agent may make requests on your behalf, but we will request proof that you gave permission for that agent to act for you.
If you are a Virginia, Connecticut, Colorado, Oregon, Texas, or Utah consumer, (or, beginning in October 2024, a Montana consumer), you have the right to:
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Confirm whether or not we are processing your personal information and access your personal information;
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Correct inaccuracies in your personal data and the purposes for which we are processing it;
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Delete your personal information;
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Obtain a copy of personal data you have previously provided to us, or in some states, all the personal data we have obtained about you, in a form that allows it to be shared with another controller;
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Opt out of targeted advertising
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Opt out of the sale of your personal information;
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Opt out of profiling that would be used for significant decisions about you.
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If and when global privacy controls or other universal opt-out mechanisms are approved and honoring them is required in your state, you will also have the right to opt-out of sale, targeting, or profiling, or all of these, using these browser-based controls.
For certain requests, we may email you to confirm your identity. You can submit a privacy rights request here or by email us at privacy@performmedia.com.