This Privacy Policy explains how Performance Bay entities (for purpose of European data protection laws, Performance Bay entities providing Performance Bay Advertising Service which are subject to GDPR: Liberty Digital Group EOOD, “Performance Bay”, or “we”, “us”, “our”) collect your information through our advertising platform (“Advertising Service”) and our website at www.Performance Bay.com (“Site” or “Website”). This Privacy Policy is subject to any service agreement between Performance Bay and you. By using the Adverting Service or this Site, you acknowledge that you have read and understood this Privacy Policy. Please review this Privacy Policy before using the Advertising Service or this Site.
We evaluate our privacy policies and procedures to implement improvements and refinements from time to time. If we make material changes to this Privacy Policy we will notify you by means of a prominent notice on this Site prior to the change becoming effective.
Privacy Policy of Performance Bay’s Website
1. Introduction
This Privacy Policy of Performance Bay’s Website applies to information collection and use including while you are visiting and using the Site. For the purposes of European data protection laws, Performance Bay is the data controller of your personal information.
2. What Information We Collect
As you navigate through this Site, some of your personal information may be actively collected (for example, names, birth dates, personal ID card numbers, addresses, telephone numbers, E-mail addresses, occupations, education, work experience and related information) or passively collected (which you did not actively provide) such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as Internet Protocol Address, cookies, Internet Tags and navigational data collection. In order to improve our service quality, it may be necessary to ask for personal information to fulfill your requests and provide a better service. Performance Bay is entitled to take measures to validate the authenticity of personal information you provide. If you give us personal information of somebody else, we will assume that you have their permission to do so. Transmissions to and from this Site may not be confidential and consequently, may be read or intercepted by others.
3. How We Use Your Information
The provision of personal information by you may be necessary where in our legitimate interest for the following purposes: (i) to provide you with Performance Bay products or services or information in relation to the same; (ii) to sign you up for an event or training; (iii) to contact you and respond to your requests and enquiries; (iv) for business administration, including statistical analysis; (v) to personalise your visit to the Site and to assist you while you use the Site; or (vi) to improve the Site by helping us understand who uses the Site.
4. Disclosure of Your Personal Information
We may use selected third parties to provide us with services, including companies that assist with programming and technical aspects of hosting and operating the Site, who may have access to your personal information. Our affiliates may also have access to your personal information including through or in connection with this Site for the purposes set out in this Privacy Policy.
The servers used in the operation of the Site automatically identify a computer by its IP address. Although, we will not be able to identify the computer using its IP address once you have left the Site. If we, in good faith, determine that you have or are attempting to misuse or harm the Site, we may investigate and cooperate with appropriate law enforcement agencies to protect our rights or property.
Similarly, we may share your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial and regulatory authorities. We may also transfer your personal information to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganisation or otherwise.
5. International Transfers
When you are located in the EEA, personal information collected from you, including via the Site, will be transferred to recipients in countries located outside the EEA (including in Singapore where the Site is hosted) which do not provide a similar or adequate level of protection to that provided by countries in the EEA. You hereby expressly consent to the transfer of your personal information to recipients, as described in this Privacy Policy, which are located outside the EEA.
Performance Bay has entered into EU standard contractual clauses (“Model Contracts”) for intra-group transfers of personal information to its affiliates. You can request a copy of these Model Contracts by submitting your request via email to [email protected].
6. Your Data Rights
If you are in the EEA, you have a right to (subject to a limited number of exceptions): (i) request access to and rectification or erasure of your personal information; (ii) obtain restriction of processing or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to them, or a third party, in a digital format. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority in the EEA.
7. Security of Your Personal Information
We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. We will only keep your personal information for as long as necessary and in any event in relation to personal information collected by us on the Site we will only keep this personal information for one (1) year. For personal information collected via Google Analytics the following retention periods apply:
https://support.google.com/analytics/answer/7667196?hl=en
8. The Protection of Minors
The Site does not knowingly collect any personal information from minors. The personal information of any minor you provide shall be agreed by the minor’s parent or guardian in advance. Minor is defined in accordance with the laws applicable to the Privacy Policy.
9. Marketing
We may contact you periodically by e-mail to provide information regarding our products, services and content that may be of interest to you. If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent.
If you decide at any time that you no longer wish to receive such communications from us, you may follow the unsubscribe instructions provided in any of the communications or request to be opted-out of receiving such communications via email to [email protected].
10. Use of Cookies and Other Tracking Technologies
Performance Bay may use cookies, or other technology (collectively “Cookies”) to collect certain information about you when you are visiting the Site. Cookies is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. The purpose of Cookies is to provide a convenience feature to save your time. By using the Site, you consent to the use of these Cookies. If you do not accept these Cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new Cookies. Please however note, that, if you delete Cookies or do not accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly. To find out more about Cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.
11. Outside Sites and Linking
The Site may contain links and pointers to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). Performance Bay is not responsible for the availability of, or the content located on or through, any Outside Site, including any webcasting or other form of transmission received from any Outside Sites. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites. Performance Bay permits certain third party links to the home page of its Site, provided that Performance Bay is provided with notice of such links and does not thereafter object to such linking. Performance Bay reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page. The Outside Sites are being provided to you only as a convenience and any link or pointer contained on this Site does not imply endorsement of the Outside Sites.
12. Copyright
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Performance Bay, or its respective content providers, and are protected by Bulgarian and international copyright laws. All software used on the Site is the property of Performance Bay or its respective software suppliers, and such software is protected by Bulgarian and international copyright laws and other applicable laws and treaties. Users of this Site shall not transmit/post any information to this Site that infringes the copyright or other intellectual property rights of others.
13. Trademarks
All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are solely owned by Performance Bay. The Marks may not be used in connection with any product or service that is not a product or service of Performance Bay or that is likely to cause confusion among customers, or that in any manner disparages or discredits Performance Bay.
14. Online Conduct
Any conduct by a person that in Performance Bay’s sole discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
15. Termination of Usage
Performance Bay may, without incurring any liability to you, terminate access by you or suspend any access to all or part of the Site, without notice, for any conduct that Performance Bay, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or the Site.
Privacy Policy of Performance Bay’s Advertising Service
1. Introduction
This Privacy Policy of Performance Bay’s Advertising Service applies to information collection and use while you: (i) view ads served by Performance Bay’s Advertising Service; (ii) interact with Performance Bay’s Advertising Service; or (iii) interact with the platforms, applications, websites or any other service provided by Performance Bay’s business partners (e.g. app publisher, advertiser) . For the purposes of European data protection laws, Performance Bay is the data controller of your personal information.
2. What Information We May Collect
When you: (i) view ads served by Performance Bay’s Advertising Service; (ii) interact with Performance Bay’s Advertising Service; or (iii) interact with services provided by Performance Bay’s business partners, we and/or our business partner may collect the following personal information from you:
Device make, device model, operating system (e.g.iOS), device type (e.g. smartphone, tablet, etc.), device properties related to screen size and orientation, audio volume and battery, network connection type, IP address, Internet browser user-agent used to access the Advertising Service, identifier for advertisers (IDFA), timestamp, iOS identifier for advertising, OS version of device, international mobile equipment identity (IMEI), Internet (IP) addresses or geo-location data, information about when and for how long you use the Advertising Service or any service provided by Performance Bay’s business partners, transactional data related to your interaction with an application, website, platform, or service provided by Performance Bay’s business partners, such as information about the actions taken in an application like purchases or application installations; device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
We also provide Advertising Service for our advertisers and publishers through our ad platform. We may collect the email address, account name and password, IP address and address of individuals using our ad platform.
3. How We Use Your Information
We use your personal information to display advertising on your device, which may include interest-based advertising customized to individuals’ inferred interests, preferences, locations and other features. Where required, the publisher will obtain your consent for and on our behalf for the processing of your personal information to display advertising on your device. You can withdraw your consent at any time.
Where necessary in our legitimate interests we use your personal information: (i) to understand and analyze your usage trends and preferences and improve our Advertising Service; or (ii) for purpose of anti-fraud and traffic quality monitoring in order to perform the contractual obligations to our advertisers and publishers.
We may also use your personal information to comply with applicable laws, regulations or codes of practice.
4. Disclosure of Your Personal Information
We may disclose your personal information to our business partners, including advertisers, publishers, and data tracking companies. These business partners may use your personal information to show you advertisements, measure your ad/site interaction, and better understand the site and app traffic usage or user behaviour in order to improve their services. Such partners’ use of the information that we disclose to them will be governed by their privacy policies.
We may disclose your personal information to our trusted agents and service providers so that they can perform requested services on our behalf. For example, we may share payment information with a third party service provider in order to assist us with processing credit card payments. These entities are prohibited from using User’s information for any purposes other than providing us with requested services. We may also share aggregate or anonymous information with other third parties in accordance with the terms of this Policy.
Our affiliates may also have access to your personal information collected through our Advertising Service for the purposes set out in this Privacy Policy.
We may share your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial and regulatory authorities. We may also transfer your personal information to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganisation or otherwise.
5. International Transfers
When you are located in the EEA, personal information collected from you, including though our Advertising Service, will be transferred to recipients in countries located outside the EEA (including China, US, India, Korea, Singapore, Australia, Japan, Canada, France, Ireland, London, Germany, Brazil), which do not provide a similar or adequate level of protection to that provided by countries in the EEA. Where required by law, the publisher and/or advertiser will obtain your consent to the transfer of your personal information to recipients, as described in this Privacy Policy, which are located outside the EEA. You may withdraw your consent at any time.
Performance Bay has entered into EU standard contractual clauses (“Model Contracts”) for intra-group transfers of personal information to its affiliates. You can request a copy of these Model Contracts by submitting your request via email to [email protected].
6. Your Data Rights
If you are in the EEA, you have a right to (subject to a limited number of exceptions): (i) request access to and rectification or erasure of you personal information; (ii) obtain restriction of processing or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to them, or a third party, in a digital format. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority in the EEA.
To exercise this right please contact [email protected].
7. Security of Your Personal Information
The security of your information is our utmost priority, and we take strict measures in order to protect our data from unauthorized access, use, disclosure or destruction of data. We have implemented physical, technical and administrative security measures for the Advertising Services that comply with applicable laws and industry standards. For example, we use firewalls, encryption technology and other automated software designed to protect against fraud and identity theft; our data is only stored in centers that provide high-level security for your information. Physical access is strictly controlled both at the perimeter and at building ingress points by our staff utilizing video surveillance and other electronic means.
We also protect your privacy by seeking to minimize the amount of sensitive data and PRI that we store on our servers in the first place. We also seek appropriate contractual protection from our partners regarding their treatment of user data.
Performance Bay may retain the information relating to you collected as necessary for internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements (e.g. settlement). The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
8. Children
We ensure that we complies with the Children’s Online Privacy Protection Act (COPPA), and does not knowingly collect personal information about users of websites or apps directed to children under the age of thirteen (13). For more detailed information please visit our COPPA policy.
If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly contact us and we take reasonable steps to ensure that such information is deleted from our files.
9. Marketing
We may contact you periodically by e-mail to provide information regarding our products, services and content that may be of interest to you. If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent.
If you decide at any time that you no longer wish to receive such communications from us, you may follow the unsubscribe instructions provided in any of the communications or request to be opted-out of receiving such communications via email to [email protected].
Contact Us
If you have any question or comment about this Policy, please contact Performance Bay’s Data Protection Officer at [email protected].
You can also write to Liberty Digital Group EOOD at:
Nikolay Haytov Street 2, en. B, fl. 8, ap. 16
Iztok, Sofia, Bulgaria
1113
Please be sure to include your personal name (and the full company name, if you are inquiring on behalf of such company), address and email address in any correspondence to us so that we can respond to your inquiry in a timely manner.
