Krush Media, LLC – Online Privacy Policy

Krush Media, LLC (“Krush Media” or “we”) shares your concerns when it comes to privacy. This Privacy Policy displays what information we collect through our site and how we use it. Krush Media consists of a network of affiliate sites that we represent for advertising and data. This Privacy Policy only applies to the site that this Privacy Policy appears on. For the privacy practices of our affiliates, you may visit their website to review their Privacy Policy.

Information We Obtain

Krush Media may collect contact information through our website only when you choose to provide it. This information includes name, email and phone number. For example, when inquiring about our services and you are asked to provide contact information through our form. The decision to provide this information is optional; however, if you do not include the information you may not be able to move forward with our services. In order to make payments to our clients, Krush Media may also request additional information which may include billing information.

Automatic Collection:

Like many technology providers, we use common internet technologies such as cookies to keep track of users’ interactions with our products (the “Products”), including your internet protocol (IP) address, browser type and access times, data related to your use of our app (the “App”) and the device on which the App is loaded. We also contract with third-party providers who use similar tracking tags on the Products via ad tags or SDK, to collect information about your use of the Products, for advertising, analytics, and measurement purposes.

Advertising Data:

The Products display advertisements (“Ads”) which are delivered by Krush Media’s services and through third-party providers. When Ads are served, information regarding your interaction with the Ads shown to you is collected by the third party advertising exchange partners as described in the next section.

How We Use The Information We Collect?

We use the information collected to help us provide you with a better experience with the Products. It also helps us, and our advertisers and partners, provide you with more relevant offers. Among other things, the information we collect enables us to:

• fulfill your requests and validate your user rights
• improve the Products
• contact and communicate with you
• conduct research and analysis
• provide anonymous reporting for internal and external clients
• use the information as described to you in this policy

WHEN DO WE SHARE OR DISCLOSE YOUR INFORMATION?

Anonymous/Aggregated Information. Anonymous or aggregated information that does not identify you personally, like usage and metrics information, may be shared with others, including partners, developers, potential investors, marketers, and business partners. Anonymous information helps us understand trends and user needs so that we can better design new products and services and refine existing products and services to serve our customers better.

Personally identifiable information, or Personal Data as such term is used for Data Subjects in the EU (“Personal Data”) is data relating to an identified or identifiable individual, notably with our Products your email address. Your Personal Data may be shared as follows:

• During due diligence or in preparation for or after a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation. If Krush Media or its assets is purchased, all associated data and information will be transferred.
• With those entities who are helping us make our services available and functional under contract and with safeguards. These include third-party vendors, technical agents, subcontractors, and our affiliates and consultants who assist us in performing functions to operate our services. These functions include, for example, website hosting, maintenance, data analysis, customer support, infrastructure services, technical agents, analytics and metrics services. These third parties will be contractually restricted in the way they can use your Personal Data. We provide additional information about the third party service providers in connection with the Products in the section below called “Third Party Tools.”
• As in any transaction, if you provide your credit card information for purchases on an App or Site, our credit card processor and your credit card company will be provided with all relevant information about us, item(s) purchased, cost and other information necessary to process the transaction. We use a third party service provider to process payments made on our Sites, so your credit card information is not collected and retained by Us.
• When permitted or required by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our users or business partners.
• If you give us permission, we may share your Personal Data with third parties who might send you marketing and promotional information.

We only store information in case of necessity. Typically, we delete all the information after 14 calendar days based on the analysis of the traffic and inventory quality control. Some information such as cookies may expire in accordance with your device settings. We do not need such information and we usually delete it unless it is necessary for performing our services to the client.

Please be aware that certain laws and regulations may subject us to store user information for a particular period: money laundering laws, financial reporting regulations, tax laws etc. Furthermore, we may have to comply with the decision of the court of appropriate jurisdiction and maintain information for the longer period.

To determine the corresponding retention period for personal data, in addition to processing objectives, we also consider the volume, nature, and category of data, the potential risk of harm from unauthorised use or disclosure of data, as well as the relevant requirements of the applicable legislation. Normally we don’t store your data for more than 90 days unless there is a specific need otherwise.

Eventually, we can minimise your data that we process or even make your data anonymous (for research or statistical purposes) so that it is no longer connected with you personally. If the data is anonymised, we can use this information essentially indefinitely since it no longer contains any data.

We share user information that we collect as follows:

We share information with our clients. It is done to help them identify, buy advertising, and target particular publishers. Clients may use this information in conjunction with other information they have independently collected to provide you targeted advertising materials. They also evaluate and analyze particular advertisement campaigns, inventory, etc.

Change of Control. We may share user information in connection with mergers, acquisitions, events of change of control, including but not limited to sale or transfer of all or a part of our business or assets. In this case, your informed consent, if applicable, will be granted to a new entity in accordance with the event of a change of control.

Compliance with laws and regulations. We may share user information with law enforcement, regulatory authorities, courts with competent jurisdictions, emergency services or other necessary third parties for legal, protection, security, and safety purposes, including but not limited to the purpose of compliance with laws or regulatory requirements and to responses to lawful requests including requests of governmental entities, enforcement of our own policies and agreements, protection of our clients, agents, employees, directors, officers and alike.

We also use some third-party services that use cookies or similar tracking tools to help our business model achieve its goal and thus provide you with a better and more customized experience, and for marketing, statistical analysis, auditing and reporting purposes. We sign a partnership agreement with these third parties; however, we would like to underline that we are not responsible for the privacy policies that these individuals apply with their services.

SECURITY: INTERNATIONAL TRANSFERS

Information that Krush Media collects is stored on servers that Krush Media manages, using standard security procedures and practices appropriate to the nature of the information. Please be aware that no data transmission over the Internet or information contained in our servers can be guaranteed to be 100% secure. As a result, Krush Media cannot guarantee or warrant the security of any information you transmit on or through the Products and you do so at your own risk. Krush Media is a US-Based company and much of the information is stored on servers in the United States. Information may be transferred to and maintained on servers or databases located outside your country or to a jurisdiction where the privacy laws need other requirements for processing such information. If you are located outside of the United States, please be advised that Krush Media processes and stores information in the United States and your use of our Products constitutes your consent to and understanding of this processing, except as may be prohibited by law.

When we transmit Personal Data to recipients in other countries outside the European Economic Area, Switzerland or the United Kingdom, we take measures to comply with the relevant legal and technological requirements, as described in this Policy and under the applicable legislation on data protection, including the requirements in Articles 44-50 of the General Data Protection Regulation (EU GDPR).

When transferring your data to third countries that are not bound by an “adequacy decision” of the European Commission, Krush Media will use Standard Contractual Clauses, mandatory corporate rules, and special agreements on data transfer and processing. In addition, we will require all data recipients to ensure the proper level of protection and security of your data that is required by the applicable data protection legislation.

To prevent unauthorized access and disclosure, to maintain data accuracy, and to ensure the appropriate use of your information, we utilize industry standard physical, technical, and administrative procedures to safeguard any personal information we collect. Please note that no transmission or storage of information, however, can ever be guaranteed to be completely secure, though we take all reasonable precautions to protect against security incidents.

Krush Media is very serious about the security of personal data. To ensure the secure storage of your data, we have implemented a variety of technical and administrative tools that protect data from any unauthorised or illegal processing and any loss, destruction or damage. We regularly test our security measures to ensure they remain operational and effective.

The data you provide will be safely stored on servers, which are inaccessible to the public and provided by other third parties secure providers.

Krush Media adheres to the principle of data minimisation. We process information that is really necessary for us to perform certain functions and for the specific goals defined in this Policy. Your data is available only for a limited number of employees who need access to the relevant data to fulfil their functional duties.

CHILDREN’S PRIVACY

The Products not intended for children under age 13 (or up to age 16 in certain countries), or for anyone under age 18 without the involvement of a parent or guardian. The Products includes unmonitored content posted by users and sourced from other third parties and as you can imagine, such content may be unsuitable for children. We do not knowingly collect or distribute information from or about children under 13 (or up to age 16 in certain countries).

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we have shared with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes in the past 12 months. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which such was shared. If you are a California resident and would like a copy of this notice, please submit a written request to the “Contact Us” section below or through info@krushmedia.com. In your request, please specify that you want a “California Privacy Rights Notice” And allow at least thirty days for a response.

We also complу with all the principles and requirements of data processing under Virginia Consumer Data Protection (CPDA) on January 1, 2023; Colorado Privacy Act (CPA) on July 1, 2023; Connecticut’s Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (CTDPA) on July 1, 2023; Utah Consumer Privacy Act (UCPA) on December 31, 2023. If you are resident of the aforementioned states and have any questions in regard to your rights under the aforementioned legislation, please contact us with a written request to the “Contact Us” section below or through info@krushmedia.com.

EUROPEAN UNION, UK AND SWITZERLAND ADDITIONAL NOTICE

Your Rights.

We respect your privacy rights and provide you with reasonable access and rights to the Personal Data, as this term is referred to for individuals located in the European Economic Area (EEA), pursuant to the European Directives 95/46/EC and 2002/58/EC (EU General Data Protection Regulations Legislation, also known as GDPR), that you may have provided through your use of the Products. If you live in one of those countries and wish to access, amend, delete, or transfer any Personal Data we hold about you, you may contact us as set forth in the “Contact Us” section below or through info@krushmedia.com.

You may update, correct, or delete your Personal Data and preferences at any time by request to us at the contact information below. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Services.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact us at the email below. You also have a right to lodge a complaint with data protection authorities.

If you are a user located in the European Economic Area, as defined in GDPR, or a user located in the United Kingdom, our legal basis for collecting and using your user information shall be subject to particular circumstances of collection and/or processing your information. The basis for collection, storage, or processing your Personal Data is your informed consent. Where we rely on your consent to collect and/or process your user information, we obligate our clients to obtain such consent in compliance with applicable GDPR provision and applicable laws.

With respect to Personal Data collected through our Products, we are acting as a processor. With respect to Personal Data collected through our Website, we are acting as a controller.

If you have questions or need further information regarding the manner of use and legal basis for collecting and using your user information, please contact us. Please be advised that we will require reasonable proof that you are a subject to GDPR protection in order to process your inquiry in accordance with this subsection.

The GDPR/the UK GDPR gives certain rights to individuals in relation to their Personal Data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights.

At any time, you have the following rights:

• Right of access to your Personal Data (the “data subject access request”). This right gives you the opportunity to get a copy of your Personal Data that we process and to find out detailed information about how and why we process this Personal Data. In this Policy, you can read the general information about what the Personal Data we process and for what purposes. If you want to know more and fail to find this information in the Policy, you can request this information from us, in particular, by contacting us.
• Right to rectification gives you the opportunity to amend any incomplete or inaccurate Personal Data about you that we process. If you find that some of your Personal Data that we process is incorrect or outdated, please inform us of this, including contacting us. However, in some cases, we will not be able to change your Personal Data, for example, when it has already been used in an offer contract and/or is contained in any written document issued and presented to us.
• Right to erasure (“right to be forgotten”) and withdrawal of consent to the processing of your Personal Data. This right gives you the opportunity to demand Personal Data deletion if we have no legal grounds to continue processing. If we process your Personal Data in accordance with the consent to processing (in particular, for the purpose of marketing distributions), any further processing can be stopped at any time by withdrawing the consent to the processing. In the cases referred to in Article 14 of GDPR, we will delete the processed Personal Data, with the exception of the Personal Data that we must store in accordance with the law. At the same time, we will not always be able to fulfil your request for the deletion of Personal Data for specific reasons about which you will be informed in response to the request.
• Right to object to the processing of your Personal Data. This right gives you the opportunity to object if you think that our processing of your Personal Data affects your personal rights and freedoms. In some cases, we can demonstrate that we have significant legal grounds for processing your Personal Data that prevail over your rights and freedoms.
• Right to restrict the processing of your Personal Data gives you the opportunity to suspend or restrict the processing of your Personal Data. This means the requirement to stop any processing of your Personal Data, except for storage under certain circumstances, namely:
  • you want us to verify the accuracy of your Personal Data;
  • if we illegally process your Personal Data, but you do not want to delete it;
  • if you need to save your Personal Data since it is necessary for you to establish, exercise or defend a legal claim, even if we have stopped processing such Personal Data;
  • you have objected to our processing of your Personal Data, but we need to establish that there are overriding legal grounds to grant your objection.
• Right to data portability gives you the opportunity to request, in some cases, the transfer of Personal Data to you or to a third party of your choice. We provide Personal Data in a structured, commonly used and machine-readable format. This right applies only to cases where personal data was received from you based on your consent or for the conclusion and fulfilment of a contract with you.
• Right to automated decision-making, including profiling. You have the right not to be subject to a decision based solely on automated data processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
• Right to lodge a complaint. You may lodge a complaint with the relevant supervisory authority (data protection regulator).

Please contact us if you would like to exercise any of your rights above.

There are individual exceptions when some of these rights do not apply to your Personal Data processed by us.

Please note that when you contact us, you must go through the identification process and describe your specific requirements so that we can process your lawful request and give a lawful response. If we cannot identify you via messages or requests, or if we have reasonable suspicions about your identity, we may ask you to provide proof of identity. This is the only way we can avoid disclosing your Personal Data to someone who may impersonate you, i.e. the identification process is carried out in your best interests. Any additional information collected for verification purposes will only be used to verify identity.

While we process requests as quickly as possible, we ask you to keep in mind that providing a complete and lawful response regarding Personal Data is a complex process that can take up to a month. If we need more time to prepare a complete response, we will let you know. If we need something from you to be able to deal with your request (eg. ID documents), the time limit will begin once we have received this.

LEGAL NECESSITY

We process your information in case of necessity to comply with applicable laws and regulations. For instance, for the mere purpose of identification, the jurisdiction of the information and where it comes from, we have to collect the user IP address. Similarly, your mobile device identifier will likely be used (unless our technology allows otherwise), in order to identify a user who had withdrawn his/her personal data processing consent. Similarly, as soon as you withdraw your consent, we will have to provide our clients with your personal information to make sure that your consent has been withdrawn throughout the entire system.

LEGITIMATE INTEREST

In some cases, legitimate interest allows us to process certain information without consent: for instance, to prevent fraudulent activity. Legitimate interest use will be determined by us on ad hoc basis for each particular platform or service. Where we rely on legitimate interests as the legal basis for processing your personal data, we will balance those interests with your interests, fundamental rights and freedoms, as required by applicable law and best industry practice.

Third-Party Tools

Krush Media will only collect and process Personal Data when we have lawful bases for doing so. These lawful bases include when you provide consent, when we have a contractual obligation to collect or process your Personal Data, and when we have a legitimate interest in processing your Personal Data.

When we collect Personal Data, we keep it for as long as we need it for the purpose it is being processed for. For example, we will retain your email information for as long as the Products are active or as needed to provide you the Services; and after that, we will keep the Personal Data for a period which enables us to handle or respond to any complaints, queries or concerns relating to your use of the Products. We retain the identifiable data we collect directly for targeting purposes for as little time as possible, after which we employ measures to permanently to delete or anonymize or de-identify the data. We will periodically review the Personal Data we hold and delete it securely when there is no longer a legal, business, or consumer need for it to be retained.

Notwithstanding any other provision, we partner with third parties that collect information across various channels for purposes of delivering more relevant advertising to you or your business. Our partners may place or recognize a cookie on your computer, device, or directly in our emails/communications, and we may share personal information with them if you have submitted such information to us, such as your name, postal address, email address, or device ID. Our partners may link the hashed or obfuscated personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Our partners use this information to recognize you across different channels and platforms, including but not limited to, computers, mobile devices, and Smart TVs, over time for advertising, analytics, attribution, and reporting purposes. For example, our partners may deliver an ad to you in your web browser based on a purchase you made in a physical retail store, or they may send a personalized marketing email to you based on the fact that you visited a particular website. Your data may be transferred outside of the country from which it was originally collected. To learn more about interest-based advertising in general and to opt-out, please visit http://www.aboutads.info/choices.

Transfers

Where we transfer your Personal Data outside the European Economic Area (EEA), we rely on approved standard EU Model Clauses so these transfers are conducted in accordance with applicable laws and using adequate and appropriate safeguards.

CHANGES TO PRIVACY POLICY

Krush Media reserves the right to change this Privacy Policy at any time and will do so by posting changes to this Privacy Policy. The new Privacy Policy will apply to all current and past users of the Products and will replace any prior Privacy Policies that are inconsistent.

DISPUTE RESOLUTION

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and performed in California, excluding the application of the conflict of laws provisions. You agree that any action or suit brought by a party to enforce or adjudicate your rights under this Agreement shall be brought in the federal or state courts located in Los Angeles, California.

TCF ATTESTATION

Krush Media LLC is an IAB’s Transparency & Consent Framework 2.2 member. Krush Media LLC is the No. 1315 in the TCF Vendor List.

CONTACT US

If you have questions, want to find out more about our privacy practices, or if you would like to make a complaint, please contact us by e-mail: info@krushmedia.com