PRIVACY POLICY    

Last updated January 22, 2019  

Thank you for choosing to be part of our community at Kodiak Advertising LLC, doing business as Kodiak Advertising ("Kodiak Ads”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@kodiakadvertising.com. 

When you visit our website https://www.kodiakadvertising.com/, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services. 

This privacy policy applies to all information collected through our website (such as https://www.kodiak advertising.com/), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").  

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.   

1. WHAT INFORMATION DO WE COLLECT?  

Personal information you disclose to us 

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.  

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following: Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.  

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. 

Information collected from other sources 

In Short:  We may collect limited data from public databases, marketing partners, and other outside sources.   

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of information and the type of information we have collected about you within a reasonable period after obtaining the personal data, but at the latest within one month. 

2. HOW DO WE USE YOUR INFORMATION?  

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.  

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive:   

-To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.           

-To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at info@kodiakadvertising.com and be sure to include your name, testimonial location, and contact information.            

-Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.                       

-To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.           

-To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.   

-To respond to user inquiries/offer support to users.  We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.   

-For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.                             

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?  

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.   

We may process or share data based on the following legal basis:

-Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose. 

-Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. 

-Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract. 

-Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). 

-Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:  

-Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.   

-Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

-Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. See more about third-party advertisers below in section 10

-Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. 

-Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.      

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?  

In Short:  We may use cookies and other tracking technologies to collect and store your information.  

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.      

5. HOW LONG DO WE KEEP YOUR INFORMATION?  

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.   

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years .  

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.   

6. HOW DO WE KEEP YOUR INFORMATION SAFE?   

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.  

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.  

7. DO WE COLLECT INFORMATION FROM MINORS?  

In Short:  We do not knowingly collect data from or market to children under 18 years of age.  

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@kodiakadvertising.com.  

8. WHAT ARE YOUR PRIVACY RIGHTS?  

In Short:  You may review, change, or terminate your account at any time. 

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm  

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit  http://www.aboutads.info/choices/ . 

9. TCPA

Kodiak Advertising will at times utilize an automated communication system in order to quickly and efficiently communicate with leads. This may include e-mails, SMS, phone calls and voicemail drops. Due to recent changes to the Telephone Consumer Protection Act (TCPA), you are now required to provide prior expressed consent to receive automated communications on your mobile device. By submitting this information you are providing express consent to receive messages through automated calls, e-mails and/or SMS text messages on your mobile device(s). By submitting your information through the Facebook lead form you are agreeing to the following statement: "I give ETG LLC, Kodiak Advertising LLC permission to contact me via my cellular device for automated phone calls and/or SMS text messages. By proceeding, I am stating that I am the owner of this cellular device and its user contract. I also certify that I will notify Kodiak Advertising immediately if I change or deactivate this number."

10. GOOGLE AND FACEBOOK

We along with third-party vendors, such as Google and Facebook use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the Facebook Pixel) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

GOOGLE

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users: https://support.google.com/adwordspolicy/answer/1316548?hl=en

FACEBOOK

Facebook’s advertising requirements can be summed up by Facebook’s Advertising Principles. They are put in place to provide a positive experience for users: https://www.facebook.com/policies/ads/

Custom Audiences Terms

Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences for advertising, you agree to the following:

-You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.

-If you are providing Hashed Data on behalf of an advertiser, you represent and warrant that you have the authority as agent to the advertiser to disclose and use such data on their behalf and will bind the advertiser to these terms.

-You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.

-You instruct Facebook to use the Hashed Data for the matching process. Facebook will not share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook's systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Facebook's systems.

-Facebook will not give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.

-Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Facebook system at any time through your account tools.

-You may not use the custom audiences feature unless you are an advertiser (or an agency acting on behalf of an advertiser), Ads API or Custom Audiences API partner, a data partner uploading an audience on behalf of that advertiser, or have obtained express, written permission from Facebook.

-You may not sell or transfer your custom audiences, or authorize any third party to sell or transfer custom audiences. If you have entered into an independent agreement with a partner for licensing marketing information, you may use the custom audiences tools and sharing functionality to create and provide custom audiences for advertising based on that information, subject to the requirements of these terms and applicable law.

-A note to EU and Swiss data controllers: To the extent the Hashed Data contains personal data relating to an individual who resides in the European Union or Switzerland, the parties acknowledge and agree that for purposes of creating the custom audiences, as described above, that you are the data controller in respect of such personal data, and you have instructed Facebook Ireland Limited to process such personal data on your behalf as your data processor pursuant to these terms and Facebook’s Data Processing Terms, which are incorporated herein by reference. You hereby acknowledge and agree that Facebook, Inc. may act as a sub-processor for and on behalf of Facebook Ireland Limited for the purpose of fulfilling Facebook Ireland Limited’s obligations under these Custom Audiences Terms. “Personal data,” “data controller,” and “data processor” in this paragraph have the meanings set out in the General Data Protection Regulation (Regulation (EU) 2016/679).

These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Policies at https://www.facebook.com/policies/ads), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is a Facebook Product under Facebook’s Terms of Service (https://www.facebook.com/legal/terms, the “Terms”). In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.

11. CCPA

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or "CCPA."

For more details about the personal information we collect from you, please see the "What Information Do We Collect" section above. We collect this information for the business and commercial purposes described in the "How Do We Use Your Personal Information" section above. We share this information with the categories of third parties described in the "Will Information Be Shared With Anyone" section above. Company does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please refer to our Cookie Policy below for more information regarding the types of third-party cookies, if any, that we use.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at info@kodiakadvertising.com. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester's valid government issued identification, and the authorized agent's valid government issued identification.