GDPR Privacy Notice
Effective Date: July 3, 2018th, 2018
Controller Details: TreSensa acts as a data controller of personal data regarding the following categories of EEA Individuals: (a) end-users (“End-Users,” “you,” or “your”) who are served our Playable Ads via a Platform, (b) our business partners, such as our service providers and prospective/current marketer customers (“Business Contacts”), and (c) our Website visitors (“Website Visitors”) for the purposes and under the legal bases described below. Please note that, in some cases, the categories of data subjects above may overlap (e.g., Business Contacts using the Website).
Controller’s EU Representative: Oliver Marsh, OMarsh@TreSensa.com
Purposes and Legal Basis of Processing:
Purpose and Legal Basis
General (applies to all data subjects below)
Information Security: Our web servers will log your IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in logging high-level Website and Playable Ad usage, combating DDOS or other attacks, and removing or defending against malicious users on the Website and Playable Ads.
Bidding/Serve Ads: TreSensa relies on the consent given by End-Users to the Platform to bid and serve advertisements, or to the customer website or app clicked through by End-User from our Playable Ads with respect to Post-Engagement Data (as defined below). Given how the bidding and use of our Playable Ads work, TreSensa does not have a direct presence on such Platforms or customer sites and thus is not in a practical position to gain such consent before our Playable Ads are served to or used by End-Users.
Refining Bid Models/Segments/Multi-Variant Testing: TreSensa has a legitimate interest in refining its bid models, creating End-User segments, and doing multi-variant testing (as explained below), as such processing activities assist TreSensa in serving the most relevant and enjoyable Playable Ad to an End-User.
Personalized and Automated Direct Marketing: TreSensa has a legitimate interest in personally following up with prospective customers that inquire about TreSensa’s services and sending direct marketing emails to prospective or current customers regarding new or future offerings. TreSensa limits follow-ups to leads that do not display further interest in TreSensa’s services and always provides a ‘Manage Email Preferences’ link for automated direct marketing emails. You may always reach out to Privacy@TreSensa.com in cases where you no longer wish to receive emails from the TreSensa team personally (or respond directly within such email).
Executing Contractual Documentation: TreSensa will process Business Contact Data as necessary to perform a contract with such Business Contact or as needed during sales negotiations with such Business Contact.
General Business Development: There are multiple ancillary activities that TreSensa has a legitimate interest in pursuing when it comes to developing a business relationship or ensuring customer satisfaction, such as answering inquiries via phone or email or providing customer support.
Web Audience Measurement: TreSensa uses Google Analytics on its Website for its legitimate interest in web audience measurement. These analytics are collected solely on TreSensa’s behalf and is not shared with Google. Information collected by Google Analytics includes static or dynamic IP Address (last octet anonymized), geolocation (up to city-level only), browser type and language, referring and exit pages (with URLs), pages visited and for how long, and other metrics. Website Visitors can opt-out of Google Analytics by clicking here.
What Personal Data is Collected from End-Users: TreSensa understands that the online advertising ecosystem can be confusing or opaque. While all companies operate differently, TreSensa would like to be transparent in how we collect and use your personal data. Personal data collection and use is best explained through the three ‘phases’ below:
Bidding/Ad Serving: Many Platforms (also referred to as ‘Publishers’) are supported through the serving of advertisements to End-Users. To do so, Platforms put their ad space (“Inventory”) on various ad exchanges or networks so that such Inventory can be purchased by advertisers. TreSensa, like many advertisers, uses a “Demand-Side Platform” (a “DSP”), which aggregates Inventory from multiple networks or exchanges so that we can have access to and manage Inventory all from one environment. In some cases we may do direct integrations with Platforms where we purchase Inventory without going through an ad exchange or network.
When you log onto or otherwise use a Platform that serves ads, certain information about your device is sent to advertisers so that they can determine if they would like to serve you an ad. This information includes your advertising ID (e.g., iOS IDFA or Android GAID) (“AdID”), the Platform you are on, browser type and version, device type (e.g., iPhone 10), carrier, operating system type and version, geolocation, time, and day of week (collectively, “Bidstream Data”). Bidstream Data is not identifiable but for the collection of your AdID, which is a unique yet resettable identifier for your device. This AdID cannot identify you by name; further, TreSensa does not collect IP address and we only obtain city-level geolocation information.
Engagement with Our Playable Ads: Upon reviewing the Bidstream Data, we will bid against other advertisers to serve you a Playable Ad if we believe such Playable Ad would be of interest to you. This process is called real-time bidding, which is a type of programmatic advertising, and it happens in fractions of a second. If we win, we will serve you a relevant Playable Ad and drive success for our customers.
When you click on one of our Playable Ads, we will collect information about your engagement with that Playable Ad. This information includes how long you play the Playable Ad, if you click the link to the application or product we are advertising (called a ‘click-through’) or install such application, completion of game, what level you completed or score you obtained (if relevant) within the Playable Ad, and similar data (collectively, “Engagement Data”). Again, this Engagement Data is not identifiable but for the tying of such data with your AdID (which, again, cannot reference you by name and is resettable by you at any time). Note that this Engagement Data is about your interaction with the Playable Ad, rather than any measurement of your personal characteristics.
Post-Engagement Data from Customers: In some cases, we may receive information from our customers regarding actions taken by you within their app or on their site after you’ve clicked through from our Playable Ad (“Post-Engagement Data”). Such information is obtained and sharable with us pursuant to the consent you provide to our customers. This Post-Engagement Data is not identifiable but for the tying of such data with your AdID (which, again, cannot reference you by name and is resettable by you at any time). Note that this Post-Engagement Data is about your interaction within our customer’s app or site, such as a download of the app, the level of usage of the app, or purchase on a retail site, rather than measurement of your personal characteristics besides, at most, high-level interest in an app or product (see End-User Segments below for more information).
Refining Programmatic Bid Models/Multi-variant Testing: TreSensa collects and uses the Bidstream Data, Engagement Data, and Post-Engagement Data described above to build and refine our statistical models to help us bid intelligently on future or returning End-Users on various Platforms. For example, we may look at data across End-Users and determine that End-Users on WiFi engage more with our Playable Ads than those on 3G/LTE or that certain Platforms lead to more Playable Ad engagement than others. Further, if we receive Bidstream Data from an End-User that we have seen before, we can determine how much to bid on such End-User and what Playable Ad to serve depending on if, and how much, they’ve previously engaged with our Playable Ads. We also engage in something we call “multi-variant testing,” whereby we change variables within the Playable Ad (for example, button placement, colors/fonts, wording, playable difficulty level, and offers within the end screen) to see how such variables may support our customers’ main goals for their Playable Ad campaign.
End-User Segments: As you can imagine, the bidding process for serving ads is highly automated and, thus, it is helpful to categorize certain End-Users into ‘segments.’ When End-Users belonging to a segment show up on a Platform, we adjust our bid for that End-User accordingly and serve them a Playable Ad most relevant to that End-User. The data placed within these segments is purged from the segment within three (3) months of the date it was first added to the segment (but the underlying End-User data is retained pursuant to our retention schedule).
Examples of the types of segments used by TreSensa are lists of:
AdIDs of End-Users that engage with the Playable Ads
AdIDs of End-Users that click through to install a customers’ app or visit a customer’s site
AdIDs of End-Users that download the application promoted on the Playable Ad
AdIDs of End-Users that have taken a pre-set action within the Playable Ad (e.g., shared the Playable Ad, activated a coupon, joined a sweepstakes, etc.)
AdIDs of End-Users that had previously downloaded an application promoted by a Playable Ad or AdIDs supplied by customers as part of Post-Engagement Data that enable us to refrain from showing such End-Users an ad for an application they have already downloaded
AdIDs curated from Bidstream Data based on visits to certain groupings or collections of Platforms
TreSensa does not segment End-Users based on personal characteristics besides, at most, high-level interests. In other words, TreSensa does not determine, predict, or infer an End-User’s age group, gender, income level, political leanings, household size, or similar data points; assuming TreSensa receives the applicable Post-Engagement Data pursuant to your consent, TreSensa may see that an AdID made a purchase on a site or app linked from a Playable Ad, thus indicating a general level of interest in such products, and serve similar Playable Ads to such AdID. Even then, we will likely receive an anonymous product value or a yes/no if you purchased a product on the site or app, rather than the specific product purchased (though that is also possible, depending on the campaign). TreSensa’s primary focus is simply the End-User’s interactions with our Playable Ads, the device information associated with such End-User, and which Playable Ads drive app installs, product purchases, or other similar End-User actions.
AdID Pseudonymization: As mentioned above, the lynchpin of the Bidstream Data and Engagement Data described above being ‘personal data’ is that such data is tied to your AdID, which is a unique identifier for your device that you can reset at any time. However, to further respect your privacy, we will be pseudonymizing your AdID (target timing for implementing this functionality is Q3 2018). In other words, when we receive your AdID, we will scramble it so that the identifier we maintain within our data is not your actual AdID. This ‘scrambled’ AdID is what we will use when we carry out our various processing activities (e.g., creating segments, refining bid models, doing research, etc.). We will keep your real AdID in a separate table with limited access to a small group of personnel, in case you want to effectuate your various rights or we need to match your true AdID with your scrambled AdID to recognize you and serve you the most relevant Playable Ad based on your past interaction with us. We are also working with our partners to potentially directly receive AdIDs pseudonymously going forward.
Your Rights: Natural persons have a right to: (i) request access to, correction and/or erasure of their personal data; (ii) object to processing of their personal data; (iii) restrict processing of their personal data; and (iv) request a copy of their personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. These rights may be exercised by contacting: Privacy@TreSensa.com.
Objecting to Legitimate Interest/Direct Marketing: Natural persons may object to personal data processed pursuant to TreSensa’s legitimate interest. In such case, TreSensa will no longer process their personal data unless TreSensa demonstrates appropriate overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims.
Natural persons also may object at any time to processing of their personal data for direct marketing purposes, such as email marketing or use of their data for segments or refining our bid models. In such case, their personal data shall no longer be used for that purpose. Natural persons will be able to fulfill such rights directly, such as via the ‘Manage Email Preferences’ link within an email or Opt-Out link within our Playable Ads, as applicable, but may always reach out to Privacy@TreSensa.com or our address given below. Please note that if you opt-out of receiving email marketing from us, we may still send you important administrative messages via email, from which you cannot opt out (unless an applicable retention schedule or right to erasure request requires deletion of such email address). Currently, if a natural person opts-out of use of their data for segments or refining our bid models, such person will no longer receive Playable Ads from TreSensa.
Right to Lodge a Complaint: In accordance with GDPR Article 77, natural persons also have the right to lodge a complaint about TreSensa’s processing of their personal data with a competent supervisory authority, in particular in the Member State of their habitual residence or place of work, or where an alleged GDPR infringement took place, as applicable. Further, as applicable, natural persons may exercise their third-party beneficiary rights under TreSensa’s Standard Contractual Clauses.
Retention: Twenty-four (24) months for End-User and Website Visitor data; Thirty-six (36) months for Business Contact data.
Categories of Recipients: TreSensa discloses personal data with the following recipients:
Erebus LLC: US-based consultant providing data analysis, management and modeling support
Beeswax: our programmatic bidding infrastructure provider
Amazon Web Services: Cloud-based data storage provider
BCNL Consulting LLC: US-based consultant who helps manage AWS and IT services
POINT: Outsourced US-based IT service provider with potential access to TreSensa workstations
Mixpanel: US-based analytics provider
Redsmin: France-based real-time administration and monitoring tool for TreSensa’s in-memory databases housed within Amazon Web Services
Google Analytics: 1st-party web audience measurement.
Game Studio Customers (and their attribution and/or data management partners): Game Studio Customers located worldwide that we build Playable Ads for to drive app installs. Game Studio Customers receive reports that do not include any personal data; however, their attribution or data management partners will receive End-Users’ AdIDs to attribute that a click-through or app install originated from an End-User interacting with a TreSensa Playable Ad.
Brand Customers (and, when applicable, their attribution and/or data management partners): Customers located worldwide that we build Playable Ads for to drive brand awareness, consideration, time spent with brand, coupon redemptions, loyalty program sign-ups, purchases of Customers’ products, and other similar brand-focused outcomes. Brand Customers receive reports that do not include any personal data; however, attribution or data management partners may receive End-Users’ AdIDs to attribute that the particular action or outcome originated from an End-User interacting with a TreSensa Playable Ad.
Governmental Access Requests: TreSensa may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
Corporate Restructuring: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this GDPR Privacy Notice. This GDPR Privacy Notice shall be binding upon TreSensa and its legal successors in interest.
Transfer of Personal Data outside the EEA: TreSensa has a valid certification to the E.U.-U.S. and Swiss-U.S. Privacy Shield (see below) that it relies upon, pursuant to Article 46(1) of the GDPR, to import EEA Residents’ personal data to our data centers for our various processing activities. When transferring such data to TreSensa’s agents (such as our service providers) or other controllers (such as our customers) in countries that have not received an ‘adequacy decision’ by the European Commission, TreSensa ensures that such agents and controllers also commit to upholding the Principles of the Privacy Shield. TreSensa may also alternatively rely on appropriate Standard Contractual Clauses with such entities to ensure adequate protection for your personal data.
Updates to this GDPR Privacy Notice: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this GDPR Privacy Notice, and the “Effective Date” at the top of this page will be updated accordingly.
Contacting Us: If you have any questions regarding our privacy practices, please contact us via email at Privacy@TreSensa.com or write to us at:
443 Park Avenue South, Suite 601
York, NY 10016
EU-US and Swiss-US Privacy Shield Framework
Important Notice for Residents of the European Economic Area and Switzerland: TreSensa complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland to the United States, respectively, pursuant to the EU-US and Swiss-US Privacy Shield. TreSensa has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability (the “Privacy Shield Principles”). If there is a conflict between this GDPR Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
TreSensa is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the US-US and the Swiss-US Privacy Shield Principles, TreSensa commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this GDPR Privacy Notice should first contact TreSensa at Privacy@TreSensa.com with the subject line, “Privacy Shield.” TreSensa has further committed to refer unresolved privacy complaints under the EU-US and the Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by TreSensa, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
Opt-In and Opt-Out to Certain Onward Transfers under the Privacy Shield: Individuals have the opportunity to opt-out of sharing of their personal data with third parties other than our agents or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to Privacy@TreSensa.com with the subject line “Privacy Shield.”
We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may grant such consent by contacting us at Privacy@TreSensa.com.
In each instance, please allow us a reasonable time to process your response.
Your Privacy Shield Rights: Upon request to Privacy@TreSensa.com with the subject line “Privacy Shield,” we will provide you with confirmation as to whether we are processing your personal data pursuant to the Privacy Shield, and have such data communicated to you within a reasonable time. You have the right to access, correct, amend, or delete the personal data processed pursuant to the Privacy Shield where it is inaccurate or has been processed in violation of our privacy disclosures to you. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.
Retention of Personal Information under the Privacy Shield: We will retain the personal information processed pursuant to the Privacy Shield in a form that identifies you pursuant to our data retention periods in Retention above. We may continue processing such personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of our privacy disclosures. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.
How We Protect Your Personal Information under the Privacy Shield: TreSensa takes very seriously the security and privacy of the personal information that it collects pursuant to the Privacy Shield. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.