Privacy Message for California Residents

[Last Modified: August 15, 2024]

Applicability: Pursuant with the California Consumer Privacy Act of 2018 as amended and revised by the California Privacy Rights Act of 2020 (collectively “CCPA”), and any other California privacy laws, this CCPA Notice applies to Hivestack Technologies Inc, part of the Perion Network Ltd. Group (“Hivestack”, “we”, “us”, or “our”) Properties’ visitors, customers and direct and indirect users (“Consumers” or “you”) who are California residents. Any terms defined in the CCPA have the same meaning when used in this CCPA Notice.

This CCPA Notice applies to California residents’ Personal Information, which we collect directly or indirectly (from our location data providers) while interacting with our website and additional Properties, using our Services or in order to provide our Services, or business-to-business Personal Information.

This CCPA Notice is an integral part of our Privacy Policy, and thus, definitions used herein shall have the same meaning as defined in the Privacy Policy referencing you to this CCPA Notice.

PART I: A COMPREHENSIVE DESCRIPTION OF THE INFORMATION PRACTICES:

(A) CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We collect Personal Information which is defined under the CCPA as any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device, all as detailed in the table below.

Personal Information further includes Sensitive Personal Information (“SPI”) as detailed in the table below.

We have collected the following categories of personal information within the last twelve (12) months:

Category

Example

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Yes: Online identifier, unique online identifier, IP address, MAIDs (device identifiers), real name, account name, email address.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Yes: name.

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes: visitors of the website interaction with the website / Publishers’ and Buyers’ interaction with the Platform

G. Geolocation data.

Physical location, approximate location derived from IP address or movements.

Yes: Approximate location.

L. Sensitive personal information.

Government-issued identifying numbers, financial account details, genetic data, precise geolocation, race or ethnicity, religious or philosophical beliefs, union membership, mail, email, text messages, biometric data, health data, and sexual orientation or sex life.

Yes: precise geo-location

(B) CATEGORIES OF SOURCES OF PERSONAL INFORMATION

Depending on the nature of your interaction with the Services, or any service provided by us or our Partners, we may collect information either automatically or voluntarily provided by you. In addition, we collect information via our Data Brokers and Data Partners as defined in the Privacy Policy. Automatic collection of information is usually made through the use of cookies, pixel tags, local storage, databases, and server logs, and voluntarily information is provided when you contact us, as detailed in the Privacy Policy.

(C) USE OF PERSONAL INFORMATION

We may use the Personal Information collected as identified above, for the following purposes:

  • to fulfill or meet the reason you provided the Personal Information (support, respond to a query, etc.);

  • monitor and improve our Services;

  • provide the Services;

  • market our Services;

  • analyzing our Services and your use of the Services;

  • respond to law enforcement; or

  • as otherwise as detailed in our Privacy Policy.

We will not collect additional categories of personal information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

(D) DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

We may disclose your Personal Information to a contractor or service provider for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract; we further restrict the contractor and service provider from selling or sharing your Personal Information.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category of Personal Information (corresponding with the table above)

Business Purpose

Category of Recipient

Category A, B, F, G, which include as detailed above, online identifiers, network information, name and email address, non-precise location data based on IP, etc.

Auditing and providing ad services such as measurements, detecting and preventing fraud and errors, security and debugging, developing and improving the services, performing the services and complying with applicable laws.

service providers (such as hosting, CRM, and other tools and vendors), consultants, agents, developers, and if applicable and required by law, government entities.

(E) SALE OR SHARE OF PERSONAL INFORMATION

We process Personal Information to personalize and deliver ads, and for other ads-related purposes, including to build audience and interest segments, all as detailed in our Privacy Policy. These activities involve “sale” of Personal Information by Data Brokers and Data Partners (as defined in the Privacy Policy) to us and our “share” Personal Information for “interest-based advertising” or “cross-context behavioral advertising” (all as defined under the CCPA) with our partners, such as Publishers and Buyers (as defined in the Privacy Policy).

Further, as we promote our Service through online campaigns, we place third-party marketing and analytic cookies on our website, sharing the unique identifier with such partners for analytic and marketing purposes may also fall under the definition or “share and sell”, and therefore, we offer the opportunity to opt-out through the cookie setting presented on our website’s footer. For additional information regarding the tracking technologies, we use on our website please review our cookies list presented in the website’s footer.

In the preceding twelve (12) months, we “sell” or “share” the following categories of Personal Information for a business purpose:

Category (corresponding with the table above)

Category Recipient

Purpose of Sale or Share

Category A

Category F

Category G

Marketing Cookies, Analytic Cookies.

Promote our Services to visitors accessing our website or obtaining analytic data on visitors use of the website.

Category A (MAIDs)

Publisher and Buyer

See how you can opt out in Section (I) below or submit a DSR

Category L - Location information may be sensitive information and you have the right to limit our use of such.

N/A - Data Brokers and Data Partners provide us with the location data.

(F) CHILDREN UNDER AGE 16

We do not knowingly collect information from children under the age of 16.

(G) DATA RETENTION

The retention periods are determined according to the following criteria:

  1. For as long as it remains necessary in order to achieve the purpose for which the Personal Information was initially processed. For example: if you contacted us, we will retain your contact information at least until we will address your inquiry.

  2. To comply with our regulatory obligations.

  3. To resolve a claim we might have or a dispute with you, including any legal proceeding between us, until such dispute will be resolved, and following, if we find it necessary, in accordance with applicable statutory limitation periods.

Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we may delete it for any reason and at any time, without providing you with prior notice if our intention to do so.

Online identifiers are usually retained for 12-months. Other information usually will not be retained for more than 24-months.

When we destroy your Personal Information, we do so in a way that prevents that information from being restored or reconstructed.

PART II: EXPLANATION OF YOUR RIGHTS UNDER THE CCPA AND HOW TO EXERCISE THEM

(H) YOUR RIGHTS UNDER THE CCPA

If you are a California resident, you may exercise certain privacy rights related to your Personal Information. You may exercise these rights free of charge except as otherwise permitted under applicable law. We may limit our response to your exercise of these privacy rights as permitted under applicable law, all as detailed herein and the in the Data Subject Request ("DSR") available here

California Privacy Right

Details

The right to know what Personal Information the business has collected.

The right to know what Personal Information the business has collected about the consumer, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom the business discloses Personal Information, and the specific pieces of Personal Information the business has collected about the consumer.

Deletion Rights.

The right to delete Personal Information that the business has collected from the consumer, subject to certain exceptions.

Correct Inaccurate Information

The right to correct inaccurate Personal Information that a business maintains about a consumer

Opt-Out of Sharing for Cross-Contextual Behavioral Advertising

You have the right to opt-out of the “sharing” of your personal information for “cross-contextual behavioral advertising,” often referred to as “interest-based advertising” or “targeted advertising”.

Opt-out from selling

the right to opt-out of the sale or sharing of Personal Information by the business

Limit the Use or Disclosure of SPI

Under certain circumstances, If the business uses or discloses SPI, the right to limit the use or disclosure of SPI by the business.

Opt-Out of the Use of Automated Decision Making

In certain circumstances, you have the right to opt-out of the use of automated decision making in relation to your Personal Information.

Non-Discrimination

The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, including an employee’s, applicants, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights, denying a consumer goods or services, charging different prices or rates for goods or services, providing you a different level or quality of goods or services, etc. We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your Personal Information.

Data Portability

You may request to receive a copy of your Personal Information, including specific pieces of Personal Information, including, where applicable, to obtain a copy of the Personal Information you provided to us in a portable format.

To learn more about your California privacy rights, please visit https://oag.ca.gov/privacy/privacy-laws.

(I) HOW CAN YOU EXERCISE THE RIGHTS?

While providing our Services, we act as a “third-party” business; therefore, we do not have a direct interaction with the end-user, however we provide option to opt out of sharing or selling the Personal Information by using the following opt-out options:

You can always exercise your rights by following the instruction within the DSR and submitting the DSR. However, you are not required to use the DSR where certain right can be exercised independently, for example:

  1. Use the cookie consent manager presented on the browser or app you are using.

  2. To opt out of the sale or share of Personal Information, you may also directly opt out from third party retargeting cookies or other ad-technology trackers through self-regulatory services. For more information, please visit:

  3. Digital Advertising Alliance (US) here.

  4. Digital Advertising Alliance (Canada) here.

  5. Digital Advertising Alliance (EU) here.

  6. Network Advertising Initiative here.

  7. You can also opt out of interest-based advertising with some of the service providers we use, such as Google here, Google Analytic here.

  8. We also are able to affirmatively the Global Privacy Control preference.

  9. California consumers may use the opt out tool available here to send requests under the CCPA for their website browser or app used to opt out of the sale of their Personal Information by some or all of the participating companies.

  10. You may limit the disclosure of certain Information by your mobile device to us and Publishers by adjusting the settings on your mobile Device. For iOS mobile Devices, go to “Settings” from your Device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile Devices, go to “Google Settings” on your Device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” Our data partners honor these “limit” or “opt out” instructions or “flags” by removing recognized Devices from our cross-app advertising or ad delivery and reporting solutions, on a going-forward basis.

(J) AUTHORIZED AGENTS

“Authorized agents” may submit opt out requests on a consumer’s behalf. If you have elected to use an authorized agent, or if you are an authorized agent who would like to submit requests on behalf of a consumer, please fill in the DSR.

(K) CONTACT US

Hivestack Technologies Inc.,118 Rue Saint-Pierre, Montréal, QC H2Y 2L7, Canada.

(L) UPDATES

This notice was last updated on August 15, 2024. As required under the CCPA, we will update our Privacy Policy every 12 months. The last revision date will be reflected in the “Last Modified” heading at the top of this Privacy Policy.

PART III: OTHER CALIFORNIA OBLIGATIONS

Do Not Track Settings: Cal. Bus. And Prof. Code Section 22575 also requires us to notify you how we deal with the “Do Not Track” settings in your browser. As of the effective date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we so not respond to the Do Not Track settings. Do Not Track is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit: www.donottrack.us.

California’s “Shine the Light” law (Civil Code Section § 1798.83): permits employees that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an e-mail to our DPO.