Effective Date: June 4, 2018
If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.
1. Data Controller
EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “data controllers”) and organizations that process personal data on behalf of other organizations (known as “data processors”). eMarketer may act as either a data controller or a data processor in respect of your personal data, depending on the circumstances.
2. Privacy Shield and International Transfer
eMarketer has applied to participate in 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 the European Union to the U.S. eMarketer has certified or will certify to the Department of Commerce 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. For purposes of this section, eMarketer refers to the following U.S. legal entities: eMarketer, Inc. and Axel Springer Digital Ventures, Inc.
In accordance with our obligations under the Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal data transferred from the EU in reliance on the Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.
For inquiries or complaints regarding our compliance with Privacy Shield, please contact us as set forth in the section entitled “Contact Us” below. If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.
To learn more about the Privacy Shield Framework, please visit http://www.privacyshield.gov. A list of companies certified under the Privacy Shield Framework is available at the following link: https://www.privacyshield.gov/list.
3. Information Collection
Information You Provide
We collect information you provide directly via the Service, including when you:
- Use our Service, including our websites and any of our mobile applications;
- Access our content, including our articles, webinars, and podcasts;
- Register or update an account;
- Request quotes, product demos, support, information, or access to our information products and services;
- Subscribe to newsletters, promotional communications, alerts, sales outreach, updates and other materials;
- Register for webinars or other content offers; or
- Contact us.
The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information we collect include the following:
- Contact Data. We collect your first and last name, e-mail address, postal address, phone number, company name, job title, and other similar contact data.
- Credentials. We collect passwords, password hints, and other information for authentication and account access.
- Demographic Data. We collect demographic information including your country and size of your company.
- Payment Data. We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
- Content. We collect the content of communications you send to us, such as feedback, questions, or information you provide to us.
You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
Information We Automatically Collect
When you access the Service via a web browser, mobile applications, newsletter, or other client, we and our third party service providers use a variety of technologies, now and hereafter devised, that automatically collect information about your device and how your device interacts with our Service. Some examples of information we collect include the following:
- Service Use Data. We collect data about your interaction with our Service, the webpage, newsletter, or services feature you were using before you came to our Service, your web or application request, pages of our websites that you visit, information you search for via our Service, access times and dates, and other similar information.
- Device Connectivity and Configuration Data. We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising Id (e.g., IDFA or AAID), and other unique identifiers for the particular device you use to access the internet).
- Location Data. We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).
We use this information for a variety of purposes (further addressed in “Our Use of Your Information” below), including analyzing and enhancing our products and services, and to help personalize our Service for you.
We and our third party service providers automatically collect this information using various methods, including, the following methods.
- Log Files. Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
- Cookies. A cookie is a small data file transferred to your computer (or other device) when it is used to access our Service. Cookies may be used for many purposes, including to enable certain features of our Service and remember your preferences, to better understand how you interact with our Service, to provide you advertising on and off the Service, and to monitor usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. If you do not accept cookies, however, you may not be able to use all portions of our Service or all functionality of our Service.
- Web Beacons (“Tracking Pixels). Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons are used in combination with cookies for various purposes, including to allow us to count the number of visitors to the Service, to monitor how users navigate the Service, to count content views, and to provide you advertising on and off the Service.
- Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
- Click-Through URLs. In some of our e-mail communications, we use a “click-through URL” linked to content on our websites. When users click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data for various purposes, including to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the e-mail messages.
- Location-identifying Technologies. GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
- App Technologies. Certain of our mobile applications may include a unique application number or other device identifiers to associate user activity to a particular mobile application or device and track user activity across mobile applications and devices. This number and other device data may be sent to us when you install or uninstall mobile applications or when such mobile applications periodically contact our servers (for example, to request automatic software updates).
Some information about your use of the Service and certain third party services may be collected using these and other tracking technologies across time and services and used by eMarketer and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third party services.
For further information on tracking technologies and your choices regarding them, please see “Third Party Analytics and Advertising Technology” and “Your Rights and Choices” below.
Information from Other Sources
- Data brokers from which we purchase demographic data to supplement the data we collect.
- Social networks when you reference our Service or grant permission to eMarketer to access your data on one or more of these services.
- Our clients or other partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
- Publicly-available sources such as open government databases or other data in the public domain.
We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.
De-Identified or Aggregated Information
4. Our Use of Your Information
We use your information for our legitimate interests, including:
- To manage our Service, including your registration and account;
- To provide the products and services you purchase, respond to your questions, and carry out the transactions you have requested;
- To provide you with customer support;
- To communicate with you regarding updates, technical notices, orders, security alerts, administrative messages, and information regarding changes to our policies;
- To help authenticate any account you create with us;
- To protect the rights or property of eMarketer, our users, or other third parties, and prevent fraud and other prohibited or illegal activities;
- To protect the security of our products, services, and business;
- To enhance and personalize our Service and our marketing efforts;
- To develop and serve advertisements on our Service or through e-mails or other communications; and
- For our internal purposes (such as auditing, data analysis, and research to improve and develop our products, services, content, advertising, and communications).
We also use your information with your consent, including:
- To administer promotions you have entered;
- To serve advertising tailored to your interests on our Service and third party services;
- To send you newsletters and other promotional communications about our and third party products, offers, promotions, rewards, events, and services; and
- Fulfill any other purpose disclosed to you and with your consent.
5. Information Sharing and Disclosure
We share your information as follows:
Our Service Providers
We engage third party companies and individuals to perform services on our behalf (e.g., software maintenance services, advertising serving technologies, e-mail service providers, delivery services, database management, web analytics, payment processing and other services). These third parties have access to your information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing your information for any purpose other than to provide this assistance, except to the extent required by law. We may permit our service providers to use aggregate information which does not identify you or de-identified data for other purposes.
We share your information with our affiliates for internal business purposes, including for customer support, marketing, and technical operations.
We share your information with our clients in connection with us processing your information on their behalf. For example, if you subscribe to our newsletters and promotional communications, eMarketer may send you content on behalf of our clients and share your personal data with our clients for their own marketing purposes.
We may share your information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. In addition, if you choose to participate in certain of our programs or to receive certain content we make available (e.g., webinar programs), we may share your information with participating sponsors, content providers, and related vendors in connection with such programs and content.
We may share your information with third parties for purposes of facilitating your requests and in connection with tailoring advertisements, measuring and improving our Service and advertising effectiveness, and enabling other enhancements.
Compliance with Laws, Legal Process and Authorities
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We must disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. We may also disclose information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
Circumstances may arise where, whether for strategic or other business reasons, we may sell, transfer or otherwise disclose some or all of our assets, including your information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. It’s eMarketer’s practice to seek appropriate protection for information in these types of transactions.
Consent and Disclosure
We may share your information for purposes disclosed to you and with your consent.
Without limiting the foregoing, in our sole discretion, we may share information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
6. Third Party Services.
Blogs, Social Media and other Public Forums
Third Party Analytics and Advertising Technology
Our Service contains tracking technologies owned and operated by third parties. For example, we use tracking technologies from traffic measurement services, such as Google Analytics, to analyze traffic and for analytics purposes.
We also work with third party ad network providers, advertisers, and other services to serve advertisements on the Service and/or third party services. These third parties may set and access cookies and other technologies on your personal computer and/or device and track certain behavioral information regarding users of your personal computer and/or device. These third party cookies and other technologies are set to, among other things: (a) track your activities across time and services for purposes of associating different devices you use, and delivering relevant ads and/or other content to you on the Service and third party services after you have left the Service (“Interest-based Advertising”); (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities.
For further information on your choices regarding these third party tracking technologies, please see the sections entitled “Information We Automatically Collect” above and “Your Rights and Choices” below.
Third Party Products and Services
Our Service contains links to, or content from, third party websites and other products and services. The fact that we link to a website or display an advertisement or other third party content is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices.
We do not exercise control over third party websites, products or services, and whether they store information in the U.S. or elsewhere. These other products and services may place their own cookies or other technologies on your computer or other device, collect data, or solicit information from you. Other persons and entities follow different rules regarding the use or disclosure of the information you submit to them or they collect from you. We encourage you to learn about the privacy practices of those third parties.
7. Your Rights and Choices.
Review and Update of Account Information
You may access information that you have voluntarily provided to eMarketer through your account on the Service, and to review, correct, or delete it by following the instructions on the Service, or contacting eMarketer in writing as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note we will retain and use your data, including server/backup copies, to comply with our legal obligations, resolve disputes, and enforce our agreements, and we may decline to process change or deletion requests that require disproportionate technical effort or jeopardize the privacy of others. Data subjects in Europe have additional rights as set forth in the section entitled and “Your European Privacy Rights” below.
Tracking Technologies Generally
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. You can stop all collection of information via our mobile applications by uninstalling them. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based tracking technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Analytics and Advertising Tracking Technologies
Some of the advertisers and service providers that perform advertising-related services for us and our partners participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile applications. Some of these companies are also members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). eMarketer is not responsible for effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
If you decide at any time that you no longer wish to receive newsletters or promotional communications from us, please follow any unsubscribe instructions provided in our communications to you, update your user preferences via our subscription management tools on our Service (which are available here), or contact us as set forth in the section below entitled “Contact Us” and specify your request. Please note that you cannot opt out of non-promotional e-mails, and we may use your information to contact you with important notifications, such as notices with respect to purchases, safety, or changes to our terms, conditions, and policies. Also your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.
Your California Privacy Rights
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.
eMarketer may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided e-mail address or mail address.
Your European Privacy Rights
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our clients, we will refer you to that client, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
We employ appropriate security measures to protect your information from unauthorized access, alteration, disclosure, or destruction. These security measures include reasonable administrative, technical, and physical precautions to help safeguard your information against loss, theft, and misuse. eMarketer has also implemented technology, management processes and policies to help maintain data accuracy. Please be advised, however, that while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your information.
9. Our Policy Toward Children
We do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13 via our Service, and do not target our Service to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us and we will remove such information to the extent required by COPPA.
11. Contact Us
- By e-mail at email@example.com
- By mail at eMarketer, Inc., 11 Times Square, New York, NY 10036 (Attention: “Legal”)
- For EU specific questions you can reach our EU representative at firstname.lastname@example.org