Platform Privacy Statement (EU – UK – Switzerland)
Updated August 1, 2023
For the AdGear Corporate Privacy Statement, click here.
AdGear Technologies, Inc. (“AdGear”) , a wholly-owned subsidiary of Samsung Electronics Canada, Inc., operating as Samsung Ads is committed to protecting the privacy of consumers. AdGear is an advertising technology company. AdGear works with advertising exchanges and advertising publishers to deliver advertising on websites, mobile applications, on-demand and streaming services, and traditional broadcast services.
- Types of Information Collected
- Purposes of Data Collection
- Legal Basis for Processing
- AdGear’s Cross-Device Technology
- Information Sharing with Third Parties
- Location of Processing
- Security and Retention of Data
- Your Choices
- Your Rights
- Governance Policies and Practices
- Changes to This Policy
- How to Contact Us
Types of Information Collected or Inferred
When an Ad Recipient uses their Samsung SmartHub device (TV or mobile) or otherwise uses an application or website that is integrated with AdGear’s technology platform, we obtain certain information about the Ad Recipient and the device in use. The types of information that may be collected depends on the type of device, device settings, the Ad Recipient’s ad choices and how the Ad Recipient uses the device. The types of information that may be collected are:
- Device information, such as device model, hardware model, device settings, connections to other devices, mobile or internet network operator, IP address, web browser or app characteristics, current software version, and advertising IDs, including Tizen Ad ID (smart TVs) and Google Ad ID (mobile device)
- Browsing and device and app usage information, such as channels and apps used, web pages visited, video and other content streamed, search terms, and dates, times, and duration of activity
- Ad information, such as which ads were shown, what device, web page or app they were shown on, what time the ad was shown, and the Ad Recipient’s interactions with the ad
- Content submitted by the Ad Recipient, such as information entered into a form, survey or contest when interacting with an ad
- App user information, such as username, first and last name, email address, phone number
AdGear Technologies also collects information regarding interests and demographic profiles of Ad Recipients from third parties such as advertisers, advertising agencies, ad publishers, ad networks and other data management platforms that manage first and third party data. We use third parties to infer location of the device used by the Ad Recipient. Location may include country, city, postal / zip code, and, in some cases, precise location.
Purposes of Data Collection
We process the personal information that we obtain for the purposes of delivering online advertising on websites, mobile applications, on-demand and streaming services, and traditional broadcast services on behalf of ad exchanges and ad publishers. Our uses include:
- Ad delivery, such as enabling the technical connections to deliver the ad to the Ad Recipient’s device and measure the success of delivery
- Customizing ads, such as developing custom audiences for ads to increase the relevance of ads for the Ad Recipient
- Ad measurement and analytics, such as tracking the number of times an ad is shown and whether Ad Recipients interacted with the ad or visited the advertiser’s website or store or made a purchase connected with the ad
- Cross device tracking, such as establishing connections between related devices (see “AdGear’s Cross-Device Technology” below for more information)
- Securing our platform and services, such as detecting malicious activity, including interfering with or interrupting our ad delivery services
- Select, deliver, measure and analyze the ads and content we send
In some jurisdictions, these purposes are called cross-context behavioural advertising, targeted advertising, or personalized advertising, and use proprietary profiling technologies.
Legal Basis for Processing
Where permitted by law, we process personal information in accordance with our legitimate business interest in ensuring the effectiveness of our advertisements and the accuracy of our targeting of devices that is not overridden by the Ad Recipient’s interests, rights, and freedoms with respect to the personal information we obtain. In some jurisdictions, we require consent to collect and use this personal information. In these jurisdictions, we rely on the Ad Recipient’s consent, which is collected and supplied to us by the operator of the website or application that uses our technology.
AdGear processes personal information for the purposes described above. AdGear’s legal basis to process personal information is outlined below:
To promote our business interests (legitimate interest)
GDPR Article 6(1)(f)
· Responding to your requests, instructions and inquiries
· Maintaining adequate security measures
· Protecting against liability, including comply with industry standards and enforcing our policies
|To comply with the law, regulatory obligations and legal processes
GDPR Article 6(1)(c)
|· Complying with applicable statutes and regulatory and administrative or court orders
With your consent
GDPR Article 6(1)(a)
Please note: you can withdraw your consent at any time
· Allowing you to link your Samsung account with third-party content
· Processing of special categories of data, such as geolocation
AdGear’s Cross-Device Technology
On an average day, an individual Internet-connected consumer might use multiple browsers and various devices, including desktop or laptop computers, smartphones, tablets, and Smart TVs. As a result, a single Ad Recipient may have multiple behavioral, interest-based, preference-based, or demographic profiles fragmented among several browsers and devices. AdGear uses its proprietary cross-device technology to link these profiles, devices, or sets of devices, based on common attributes, behaviors, or consumer preferences. On behalf of our clients, we may use these groupings (consumer segments) to target advertising campaigns.
Our cross-device technology uses both deterministic and probabilistic methods to establish connections between related devices. The deterministic method relies on immutable information, such as device identifiers or hashed login information. The probabilistic method uses non-fixed information from devices and browsers, including IP address and browser information, which may change over time and could be shared by multiple individual consumers. Using these methods of analysis, our cross-device technology is able to infer whether devices are likely to belong to the same consumer or to different consumers within a common household.
Information Sharing with Third Parties
AdGear may receive from or share personal information with third parties under the following circumstances:
- AdGear allows advertising services and other third parties to collect Ad Recipient information via automated technologies and server-to-server connections as part of the services provided to AdGear’s clients through the AdGear technology platform.
- Information voluntarily provided by the Ad Recipient, by way of embedded forms or fields within the ad creative, may be collected, and shared with the client on whose behalf the ad campaign is served, at the client’s specific request. This information is used by the advertiser and its service providers in accordance with the advertiser’s privacy policies, such as to provide the Ad Recipient with requested goods, services, or information. At no time do we distribute this information to any party other than as indicated in the ad.
- Reporting information to advertisers, advertising agencies and publishers using our platform regarding the effectiveness of the ad, including views and actions taken by the Ad Recipient
- AdGear may enable certain third parties to collect information for the purposes of protecting the safety and security of AdGear’s platform and online ecosystem, including to detect and prevent malicious activity or fraudulent traffic. These third parties may include advertising exchanges, data management platforms and marketplaces, geo location data providers and advertisement viewability measurement technology providers. We may disclose such information in the event we reasonably suspect malicious activity or fraudulent traffic or when it is required by law, subpoena, or other legal process, including to meet national security or law enforcement requirements.
- Subject to applicable privacy law, AdGear may share certain personal information with one or more AdGear affiliates or subsidiaries, such as our parent company, Samsung Electronics Canada Inc.
- We share certain personal information with our service providers, such as our data hosting providers.
- We share certain personal information about consumers with third parties who provide us with information to enable targeted advertising on website(s) and application(s) that use our technology.
In addition, we may share personal information we collect at your request. AdGear, our subsidiaries and affiliates, and our third-party service providers also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation); or (7) otherwise with your consent.
Location of Processing
AdGear’s technology and services are controlled from Montreal, Quebec, Canada. Personal information may be transferred or communicated outside of Quebec, Canada, in the course of providing services to AdGear’s clients or when processed by AdGear’s service providers on AdGear’s behalf. Such countries include, without limitation, countries in the European Economic Area (EEA), the Republic of Korea, the United Kingdom, Switzerland the United States of America, Mexico, and India.
Special Information for EEA, UK and Swiss Residents:
The European Commission has determined that certain countries outside of the EEA, adequately protect personal information, which means that data can be transferred from the EEA to those countries. The UK and Switzerland have adopted similar adequacy mechanisms. You can find a list of those countries here:
Please note that the data protection and other laws of countries to which your personal information may be transferred might not be as comprehensive as those in your country.
Standard contractual clauses (SCCs) are written commitments between parties that can be used as a ground for data transfers from the EEA to third countries by providing appropriate data protection safeguards. SCCs have been approved by the European Commission. Such clauses have also been approved for transfers of data to countries outside the UK and Switzerland. We rely on SCCs for our data transfers where required and in instances where they are not covered by an adequacy decision.
Security and Retention of Data
AdGear employs administrative, technical, and physical safeguards intended to protect the personal information we obtain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. While no method of electronic storage and/or transmission via the Internet is 100% secure, we are committed to using commercially acceptable and appropriate methods to protect all information under our control (personal or otherwise).
AdGear retains personal information for only as long as needed to provide agreed-to services to our clients, or for as long as is reasonably necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, or enforce this policy. We also retain personal information for as long as is necessary to provide support-related reporting and trend analysis, which maybe up to eighteen (18) months.
AdGear Platform Opt-Out
You can opt out of interest-based advertising supported by the AdGear platform. To opt out through the AdGear platform, please click here. To opt back into AdGear’s interest-based advertising through the AdGear platform, please click here.
When you choose to opt out of interest-based ads via the AdGear platform, an opt-out cookie will be stored in your web browser. AdGear’s platform will know the choice you have made when it reads your opt-out cookie and will apply your choice to all advertisers that use our platform. Should you delete the opt-out cookie, you will not be opted out and will need to allow cookies from AdGear again in order to renew your opt-out choice.
Mobile Device and Web Browser Opt-Outs
Mobile device system software, such as Apple iOS or Google Play Services, provide mechanisms that allow consumers to opt out of the use of information about their usage of mobile apps to deliver targeted ads to their mobile device. For more information, or to opt out using these mechanisms, consult your device settings (currently: “Opt out of Interest-Based Ads” on Android devices and “Limit Ad Tracking” on iOS devices).
AdGear supports industry self-regulation programs, including AdChoices, and adheres to the rules and regulations stipulated by the following:
- In Europe, the European Interactive Digital Advertising Alliance (“EDAA”)
AdChoices is the self-regulatory program for online interest-based advertising, designed to give consumers a better understanding of, as well as greater control over, the ads that are displayed for them based on their online interests.
To learn how to opt out of ad network interest-based advertising, please visit www.youronlinechoices.eu.
In some European jurisdictions, Samsung is registered as a vendor with the IAB Europe Transparency & Consent Framework, which is designed to provide consumers with the ability to exercise choice over which third parties can access and process their personal information for the purpose of serving interest-based ads, either through an opt-in or opt-out mechanism depending on the vendor’s legal basis and use of personal information. AdGear participates in the IAB Europe Transparency & Consent Framework and complies with its Specifications and Policies. AdGear’s identification number within the framework is 790.
We will make every effort to provide you with a copy of the personal information and/or correct, amend, or erase inaccurate information about you wherever possible, as required by applicable law.
Subject to applicable law, you may also receive, in a structured, commonly used and machine-readable format, any information that you have provided to us about you, based on consent or a contract to which you are a party. You have the right to have this information transmitted to another company, where it is technically feasible. In accordance with applicable law, you may request that we restrict the use of your personal information in certain circumstances, such as while we consider another request that you have submitted, for example, a request that we update your personal information.
Where provided by law, you may withdraw any consent you previously provided or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.
You may lodge a complaint with a data protection authority if you are not satisfied with our responses. If you believe that AdGear has information about you that has been processed in violation of existing privacy law, please contact our Data Protection Officer (“DPO”) at firstname.lastname@example.org.
Governance Policies and Practices
AdGear has appointed a Data Privacy Officer (“DPO”) responsible for overseeing AdGear’s compliance with this Platform Privacy Statement. See “How to Contact Us” for information on how to contact the DPO.
AdGear maintains a framework for the protection of any personal information that it collects about Ad Recipients through the AdGear technology platform. The framework includes policies and procedures designed to help AdGear comply with this Privacy Statement. This framework requires all employees to protect the confidentiality of any personal information that AdGear handles through the AdGear technology platform through the lifecycle of that personal information. The AdGear privacy framework includes employee codes of conduct, breach reporting obligations, data retention and destruction policies, employee training, and procedures for addressing complaints and providing individuals with access to their personal information in accordance with this Platform Privacy Statement.
Changes to this Platform Privacy Statement
AdGear reserves the right to change, modify, add/or remove portions of this Platform Privacy Statement at any time and without notice. We will alert you to any changes to this Platform Privacy Statement in this area by posting the effective date at the top of this Platform Privacy Statement so that you are aware of the information we collect, how it is used, and under what circumstances is disclosed.
How to Contact Us
Questions, comments, or concerns related to our Platform Privacy Statement may be directed to our DPO at email@example.com.
AdGear Technologies Inc.
C/O Data Protection Officer
800 René-Lévesque Blvd W Suite 1000
Montreal, QC H3B 1X9