California Privacy Notice

CALIFORNIA PRIVACY NOTICE

This California Privacy Notice explains how Intercept Interactive Inc. (D.B.A Undertone), part of the Perion Network Ltd. Group (collectively referred to as “Undertone”, “we”, “us”, or “our”), collect, use, and disclose personal information subject to the California Consumer Privacy Act . It also describes the privacy rights of California residents under the CCPA and how they can exercise those rights. Any terms defined in the CCPA and CPRA have the same meaning when used in this California Privacy Notice. This California Privacy Notice applies solely to California residents and supplements any other privacy policies or notices applicable to the Undertone Services that you visit or use. Any capitalized terms in this California Privacy Notice that are not otherwise defined have the same meaning as they do in the CCPA or in our Privacy Policy. This California Privacy Notice also serves as our “Notice at Collection” under California law.

01. WHAT DATA WE COLLECT

We collect personal information relating to California residents when they use the Services, as well as in connection with our marketing activities. In the past 12 months, we have collected the following categories of personal information, as defined in the CCPA, relating to California residents.

CATEGORY	ILLUSTRATIVE EXAMPLES	COLLECTED
Identifiers	IdentifiersName, address, email address, online identifiers, internet protocol address, Social Security number, driver’s license, state identification card, passport number, account login credentials, or other similar identifiers	Yes: online identifiers, IP address, unique identifiers, real name, zip code, email address, account name.
Contact, health, insurance, financial, or other personal information as defined in the California Customer Records Act, Cal. Civ. Code § 1798.80	Contact, health, insurance, financial, or other personal information	Yes: name, education, employment, employment history.
Protected classification characteristics under California or federal law.	Age, marital status, sex, and veteran or military status	No
NoCommercial information.	Information about past transactions or purchases	Yes: the payments conducted on our Services. However, not the payment information.
NoCommercial information.	Information about past transactions or purchases	Yes: the payments conducted on our Services. However, not the payment information.
Biometric information.	Physical or behavioral characteristics that are used or intended to be used to establish individual identity, such as for authentication or fraud prevention purposes	No
Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes: all data sets within the example column.
Geolocation data.	Device location, including precise geolocation	Yes: approximate location only
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
Professional or employment-related information.	An individual’s employer, title, or years of employment	Yes: for candidates submitting an application for an open position we publish.
Education information	Information on your transcript or other educational records.	No
Inferences drawn from other personal information.	Certain inferences concerning an individual’s preferences and characteristics	No
Sensitive personal information (SPI).	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: health data segments as detailed here.

02. HOW WE COLLECT DATA

In the past 12 months, we have collected personal information relating to California residents from the following sources

From you: For example, when you provide it to us through the website by filling out a form or contacting us, or when you interact with our Services. Subject to applicable laws and regulations, we track your activities across the internet; for example, when you view or interact with certain content, web pages or ads.
Service Providers: Software providers, marketing companies, communication services, data analytics providers, internet service providers.
Other third-parties: Advertising networks, social networks, and data brokers.

03. HOW WE USE DATA

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

Providing our products and Services; Advertising and marketing;
Conducting analytics and research;
Monitoring and improving our products and Services;
Evaluating your qualifications for a job with us;
Maintaining the security and integrity of our Services;
Undertaking internal research;
Carrying out our legal and business purpose, such as complying with federal, state, or local laws, responding to civil, criminal, or regulatory lawsuits, subpoenas, or investigations, exercising our rights or defending against legal claims, resolving complaints and disputes, performing compliance activities, and otherwise operating, managing, and maintaining our business; and
Creating aggregated and de-identified information

BACK TO TOP In the past 12 months, we have disclosed each of the above-listed categories of personal information concerning California residents for our business purposes to one or more of the following categories of third parties:

Marketing Partners	Companies that provide us with marketing and ad delivery
Service Providers	Software providers, communication services, measurement and reporting, customer and technical support, Services improvement, recruiting, data analytics providers
Other third parties with your consent or as necessary to provide our products and Services	Payment processors
Government entities and others with whom we share information for legal or necessary purposes	Regulatory and law enforcement agencies or other businesses in the context of a merger or acquisition

05. WE DO NOT SELL YOUR DATA

We may share or allow companies to collect information through our online services in order to provide marketing services to us, including to help serve personalized content or ads that may be more relevant to your interests, and to perform other advertising-related services such as enabling our partners to serve such personalized content. You have a right to opt out of such cross-context behavioral advertising, as described below. You can also review our Privacy Policy to learn more about how we use online tracking technology.

In the preceding twelve (12) months, we have not disclosed personal information relating to California residents in any manner that we consider a sale within the meaning of the CCPA. We also do not have actual knowledge that we sell or share the personal information of California residents under the age of 16. BACK TO TOP

06. SENSITIVE PERSONAL INFORMATION

While Undertone does not create nor use any SPI segments in providing its online advertising services, in order to provide transparency around health related data segments, below is a list of standard health related segments Undertone may utilize in delivering advertisements (for more information please click here):

Men’s Health and Personal Care
Women’s Health and Personal Care
General Health
Fitness Enthusiasts and Wellness
Pregnancy
Seniors Health and Wellness
Common Ailments such as allergies, heartburn, headaches, muscle pain, vision, cold and flu.

You may limit the use of SPI as further detailed below. BACK TO TOP

07. DATA RETENTION

The Personal Information we collect will be retained for as long as reasonably necessary for the purposes set out in this policy and consistent with our retention policies, in accordance with applicable laws. When determining these retention policies, we take into account the length of time personal information is required to be retained to provide the Services; satisfy legal and compliance obligations and for audit purposes; address any complaints regarding the Services; and defend or bring potential legal claims. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed. BACK TO TOP

EXPLANATION OF YOUR RIGHTS UNDER THE CCPA

and how to exercise them

08. YOUR RIGHTS UNDER THE CCPA

If you are a California resident, you may exercise certain privacy rights related to your Personal Information. In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the personal information that we maintain relates to you, or if we cannot verify that you have the authority to make a request on behalf of another individual. In other instances, we may decline to honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another consumer or where the personal information that we maintain about you is not subject to the CCPA. Further detail can be found in the Data Subject Request Form available here.

CATEGORY	ILLUSTRATIVE EXAMPLES
Right to Know	Right to know the categories of personal information described above that we have collected about you and the categories of sources from which we collected such personal information; the business or commercial purpose for collecting or sharing such Personal Information; the categories of personal information about you that we have disclosed to or shared with third parties for a business purpose and the categories of third parties to whom we have disclosed or shared such Personal Information; and the specific pieces (e.g., copies) of Personal Information we have collected about you.
Right to Delete	Right to request deletion of your Personal Information, subject to certain exceptions.
Right to Correct	Right to correct or amend Personal Information that we maintain about you
Right to Opt-Out of Sharing for Cross-Contextual Behavioral Advertising	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.”
Right to Opt-Out of Sale	Right to opt-out of the sale of your Personal Information
Limit the Use of Sensitive Personal Information	Right to limit the use of your “sensitive personal information” for the purposes outlined in 11 CCR § 7027(m) of the CCPA.
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	Right not to receive discriminatory treatment for the exercise of their privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

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

09. HOW CAN YOU EXERCISE THE RIGHTS?

You can exercise your rights to Know, Delete, and Correct by using the Data Subject Request Form available here, the Instructions for submitting, the general description of the process, verification requirements, when applicable, including any information the consumer or employee must provide are all detailed in the Data Subject Request Form.

California residents have a right to opt out of sharing personal information for cross-context behavioral advertising purposes. You can exercise these rights with regard to the Services by doing the following:

Use the “do not sell or share my information” link provided by the website you are visiting, or opt out through the cookie consent manager presented on the website you are browsing.
Use the “opt-out” tool in order to opt-out of Undertone IBA activities on the web: https://www-stg.undertone.com/opt-out/.
Use the Network Advertising Initiative (“NAI”) opt-out tools, of which Undertone is a member.
Use the Digital Advertising Alliance (“DAA”) opt-out tools, of which Undertone is a member: https://optout.privacyrights.info/.
Enable Global Privacy Control (GPC) in your browser. GPC is a setting that allows you to communicate your privacy preferences to websites and online services that you visit. When we detect a GPC signal from a browser, our Online Services are designed to treat the browser as opted out and to stop sharing personal information for certain targeted advertising purposes, in accordance with applicable laws.

10. CONTACT US

Intercept Interactive Inc. D.B.A Undertone

One World Trade Center, 71st Floor, Suite J New York, NY 10007

privacy@undertone.com BACK TO TOP

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. We do not respond to the Do Not Track settings.

California’s “Shine the Light” law (Civil Code Section § 1798.83): requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send us the Data Subject Request Form available here.