OpenAP Market Privacy Policy Last modified: January 1, 2023
OpenAP LLC (“OpenAP,” “we,” or “us”) is committed to protecting your privacy and handling your personal information in an open and transparent manner.
This Privacy Policy describes how we use and disclose the personal information that we collect or otherwise obtain about you as either:
a visitor to this website (openap.tv) and/or any other website where this Privacy Policy is posted or linked (collectively, the “Website”) (a “Website Visitor”);
an individual who has been authorized to use the OpenAP Market platform (the “OpenAP Market”) (an “Authorized User”); or
an individual about whom we receive personal information from a third party in connection with the delivery of our advertising services to our clients (a “
Consumer”).
This Privacy Policy also provides information about your choices and legal rights (where applicable) with respect to the personal information we collect from and about you.
In this Privacy Policy, collectively, we refer to the Website, the OpenAP Market, and the services we provide to our clients as the “Services.”
California Notice at Collection: OpenAP collects the categories of personal information listed in the “Personal information collection and disclosure” subsection of the “California Privacy Rights” section below. As further described in the “Use of Personal Information” section below, we collect this information to provide the Services and as otherwise necessary or appropriate in connection with the fulfillment of other legitimate business purposes. To learn more, including how to exercise your sale opt-out right and other privacy rights, please scroll down to the “California Privacy Rights” section.
Collection of Personal Information
We may collect or obtain information relating to you in a variety of ways. Such information may include “personal information,” which refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Additional details about our collection of personal information can be found below.
Personal information collected from and about Website Visitors
When you visit and interact with the Website, we may collect the categories of personal information described below.
Information you provide
: We may obtain information when you provide it to us (e.g., your name, email address, telephone number, etc.) when you submit questions, request information, or give us feedback via the Website. We will also collect the personal information that you post or otherwise disclose on the Website. Please note that any information you post or disclose on the Website is publicly available and will be seen by other visitors and we cannot control the actions of third parties who may have access to or collect this information.
Information collected from your use of the Website
: When you visit and use the Website, we will collect certain information about your browser and device as well as your activity. Such information may include your device ID, device type, operating system, browser type, browser settings, IP address, language settings, date(s) and time(s) of your visit(s) to the Website, the webpage that you visited immediately prior to visiting the Website, and information collected through cookies, pixel tags, and other similar technologies (as described in the “Cookies and Other Similar Technologies” section below). Additionally, if you access the Website using a mobile device, we may collect information from your device (e.g., GPS and other sensor data) that helps to determine your device’s location.
Personal information collected from and about Authorized Users
The OpenAP Market is an online platform owned, and operated by or on behalf of, OpenAP. The OpenAP Market facilitates standardized data segmentation and provides an advanced marketplace for the planning and execution of advanced audience targeted advertising campaigns across linear and digital television inventory. We assign over-the-top devices, such as smart TVs, unique IDs that allow the OpenAP Market to help deliver and measure targeted advertising across devices.
The OpenAP Market is for use only by the following types of Authorized Users: employees, contractors, and consultants of: (i) the publishers, programmers and content generators (the “Publishers”); and (ii) advertisers, advertising agencies and clients of an approved agency planning or demand-side platform (collectively, “Advertising Users”). OpenAP provides each Authorized User with a unique user name and temporary password, which the Authorized Users use to access the OpenAP Market.
If you are an Authorized User, in connection with the creation of your user account and subsequent use of the OpenAP Market, we will collect the categories of personal information described below.
Information you provide: We (or our vendors acting on our behalf) collect from you (or your employer) personal information necessary to create your user account, including your name, business email address, and company name. We will also collect the personal information that you post or upload to the OpenAP Market.
Information collected from your use of the OpenAP Market: When you access and use the OpenAP Market, we will collect certain information about your browser and device as well as your activity. Such information may include your device ID, device type, operating system, browser type, browser settings, IP address, language settings, date(s) and time(s) of your visit(s) to the OpenAP Market, the webpage that you visited immediately prior to visiting the OpenAP Market, and information collected through cookies, pixel tags, and other similar technologies (as described in the “Cookies and Other Similar Technologies” section below). Additionally, if you access the OpenAP Market using a mobile device, we may collect information from your device (e.g., GPS and other sensor data) that helps to determine your device’s location.
Personal information received about Consumers
In connection with the delivery of our measurement services to our clients, we may receive information about you from the Publishers that is connected to the unique ID assigned to your over-the-top device, including your device’s IP address and other information that helps Publishers design an advertising campaign or that helps Advertising Users understand the effectiveness and reach of their advertising campaigns.
Authorized Users may also create or upload segments (i.e., a group composed of individual users or households that share certain traits and may respond similarly to marketing strategies) to the OpenAP Market to deliver targeted advertising.
We may combine personal information that we receive about you from the Publishers with information that we obtain from other sources (e.g., publicly-available databases, social media platforms, providers of demographic information, advertising networks, internet service providers, data analytics providers, operating systems and platforms, and data brokers), and we will use the combined information only for the purposes described in this Privacy Policy.
Additional information for Website Visitors and Authorized Users
We generally do not seek personal information that may be considered “sensitive” under applicable law (e.g., government-issued identification numbers or information revealing or concerning an individual’s racial or ethnic origin, political opinions, religious or other beliefs, health conditions, criminal background, or sexual orientation/sex life). We ask that Website Visitors and Authorized Users not provide such information on or through the Website or the OpenAP Market.
Cookies and Other Similar Technologies
We (and our partners) may deploy cookies (i.e., small text files placed on your device) and other similar technologies (e.g., pixel tags, web beacons, etc.) (collectively, “Tracking Technologies”) on the Website or the OpenAP Market for various purposes, including to collect information about Website Visitors and Authorized Users.
In particular, if you are a Website Visitor or Authorized User, when you visit and interact with the Website or the OpenAP Market, we (and our partners) may use Tracking Technologies to:
distinguish between you and other users;
help you navigate the Website or the OpenAP Market;
enable and improve certain features and functionality;
collect information, such as the time you spend on the Website or the OpenAP Market, the pages you visited, and your language preferences;
provide you with an online experience customized to your needs and preferences; and
understand how you use the Website or the OpenAP Market and compile statistics about usage of the Website or the OpenAP Market.
Most internet browsers are set to automatically accept cookies. However, if you do not want information to be collected from your device via cookies, most browsers have a setting that allows you to decline the use of cookies. Please note that some features of the Website or the OpenAP Market may not work properly if you decline the use of cookies. To learn more about cookies, including how they work and how to manage them, please visit https://www.allaboutcookies.org.
Use of Personal Information
Personal information collected from and about Website Visitors and Authorized Users
The specific business purposes for which we use the personal information we collect or otherwise obtain from and about Website Visitors and Authorized Users are described below.
Provide and manage the Website and the OpenAP Market: We use your personal information in connection with the provision, administration, and management of the Website and the OpenAP Market.
Communicate with you: Where appropriate, we use your personal information to provide you with relevant information; contact you about your account (if you are an Authorized User); respond to your submissions, requests, and inquiries; and request information or feedback from you regarding the Website or the OpenAP Market. Additionally, from time to time, we may use your personal information to send you important updates about the Website or the OpenAP Market and communications about changes to this Privacy Policy and/or other applicable terms, conditions, and policies.
Customize or personalize the Website and the OpenAP Market: We use your personal information to help us understand which parts of the Website and the OpenAP Market are of most interest to you and customize or personalize your user experience.
Conduct analytics and improve the Website and the OpenAP Market: We use your personal information to conduct research and analytics about your use of the Website and the OpenAP Market and identify usage trends. We also use your personal information to identify issues with and improve the Website and the OpenAP Market
Personal information collected about Consumers
We use the personal information that we receive from the Publishers and other third-party sources about Consumers only as necessary to deliver our advertising-related services to our clients.
Additional uses of personal information
In addition to the purposes described above, we use the personal information that we collect or otherwise obtain relating to Website Visitors, Authorized Users, and Consumers for the purposes described below.
Maintain security and prevent fraud: We use your personal information to help monitor and maintain the security and integrity of the Services as well as our systems and networks. Additionally, we use your personal information to detect, prevent, investigate, and protect you, our business, and others from fraud and other unlawful or unsafe activity.
Satisfy our legal obligations: We use your personal information to comply with applicable law and respond to requests and communications from law enforcement authorities or other government officials.
Carry out sales and business transactions: We may use your personal information in connection with the evaluation, negotiation, and/or completion of a business transaction (e.g., a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets), whether as a going concern or as party of any bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred or otherwise relevant to the evaluation, negotiation, or completion of the transaction.
As otherwise necessary or appropriate: We use your personal information as otherwise described in this Privacy Policy or as explained to you at the point of information collection. We will also use your personal information at your direction or with your consent. Finally, we may use your personal information as we believe necessary or appropriate to protect our rights, privacy, safety, or property, and/or those of others.
Disclosures of Personal Information
In connection with one or more of the purposes outlined in the “Use of Personal Information” section above, we may disclose your personal information for legitimate business purposes to the categories of recipients described below.
Our service providers: We disclose your personal information to third parties that perform services for us, including providers of system/data hosting, management, and support; analytics services; and other services related to the provision of the Services (subject to binding contractual obligations and restrictions on the use of the information for any purpose other than carrying out the services that they are performing for us).
Our business partners: We disclose your personal information to our business partners as necessary to fulfill our contractual commitments or provide the Services to you and/or our clients.
Competent governmental and public authorities: We will disclose your personal information: (i) as necessary pursuant to judicial or governmental subpoenas, warrants, or other similar orders; (ii) to cooperate with other requests from government or law enforcement; and (iii) in other ways necessary to comply with applicable law and/or to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of third-party rights, or situations involving potential threats to the physical safety of any person or any other similar situation.
Relevant third parties in connection with a sale or business transaction: We may sell or purchase assets during the normal course of business. If another entity acquires us or any of our assets, personal information that we have collected may be transferred to such entity and its advisors leading up to and/or following the transaction. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, personal information that we hold may be considered an asset of ours and sold or transferred to third parties.
Other third parties: We will disclose your personal information to other third parties at your direction or with your consent. Additionally, we will disclose your personal information to other parties as we believe necessary or appropriate either: (i) under applicable law; (ii) to enforce our terms and conditions; (iii) to protect our operations; (iv) to protect our rights, privacy, safety, or property, and/or those of others; and (v) to allow us to pursue available remedies or limit damages that we may sustain.
In addition to the disclosures described above, we will share segments (i.e., a group composed of individual users or households that share certain traits and may respond similarly to marketing strategies) with Authorized Users, Publishers, and/or other third parties when asked to do so by the Authorized User that created the segment.
The disclosures described in this section may result in the transfer of your personal information to countries or regions with data protection or privacy laws that differ from those in your country of residence. By using the Website and/or the OpenAP Market and providing us with your personal information, you are acknowledging that your personal information may be transferred to countries outside of your country of residence, including to the United States. Where we transfer your personal information internationally, we will do so in accordance with applicable law.
Third-Party Websites
This Privacy Policy does not address, and we are not responsible for, the information handling and privacy practices of any third parties, including those that operate websites to which the Website or the OpenAP Market links. The inclusion of a link on the Website or the OpenAP Market does not imply that we endorse the practices of the linked website.
Information Security
We have implemented appropriate administrative, technical, and organizational measures that are designed to protect the personal information under our control against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and other unlawful or unauthorized uses of the information.
However, because the transmission of information via the internet is not completely secure, we cannot guarantee the security of information transmitted to us. If you believe that the security of your personal information has been compromised, please immediately notify us in accordance with the “Contact Us” section below.
Your Legal Rights
Depending on your country (or U.S. state) of residence, you may have certain rights in relation to your personal information under applicable law, including the right to:
request access to, or a copy of, your personal information, together with details about our handling of your personal information;
request that we update the personal information we hold about you or correct such information that is inaccurate or incomplete;
restrict or limit our use of your personal information;
object to/opt out of certain uses or disclosures of your personal information;
withdraw the consent that you have given us to process your personal information (where we process your personal information on the basis of your consent);
request that we delete the personal information we hold about you (subject to certain exceptions prescribed by law); and
lodge a complaint with the appropriate authority in your place of residence regarding our handling of your personal information.
We will not discriminate against you if you decide to exercise your rights under applicable law.
If you are interested in exercising one or more of the rights outlined above, you can contact us at legal@openap.tv.
In order to protect your privacy, we may require proof of your identity before we can act on your request. Where applicable, we will use the requested information for verification purposes only. To the extent that we are able (based on the limited information that we collect and maintain), we will verify your identity and respond to your request consistent with applicable law.
You may also authorize a natural person or business to submit a request on your behalf. As part of our verification process, we will require proof concerning their status as an agent acting on your behalf. We may also require you to verify your identity directly with us or provide us with confirmation that they are authorized to submit the request on your behalf.
Please note that we will decline a request where we are unable to verify your identity and/or honor it based on the limited information that we collect and maintain in an identifiable form.
If you submit a request to exercise any of the rights described above and we do not take action on it, depending on your U.S. state residency, you may have the right to appeal the decision. To appeal the decision, please contact us at legal@openap.tv. If you are unsatisfied with the way that we have handled your appeal, you may have the right to complain to your state’s Attorney General.
California Privacy Rights
The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights with respect to their personal information. Pursuant to the CCPA, we are providing the following additional details regarding the categories of personal information about California residents that we collect, use, and disclose. This section also describes the rights available to California residents in relation to their personal information and how they can exercise their rights.
Personal information collection and disclosure
The following chart details which categories of personal information we have collected from and about California residents in the past twelve (12) months, the source(s) of each category of information, the categories of third parties to whom we have disclosed each category of information for a business purpose, and the categories of third parties to whom we have “sold” (as defined in the CCPA) each category of information (where applicable).
Please note that the first column in the chart lists by category the types of information described in the “Collection of Personal Information” section above, as required by the CCPA.
Purposes for collecting personal information
As described in more detail in the “Use of Personal Information” section above, we collect personal information to provide the Services and as otherwise necessary or appropriate in connection with the fulfillment of other legitimate business purposes.
Disclosures of personal information
As described in more detail in the “Disclosures of Personal Information” section above, we disclose personal information to certain categories of recipients in connection with our delivery of the Services. We will also disclose certain categories of personal information to governmental and public authorities and other third parties as necessary or appropriate, including when we have a legal or contractual obligation to disclose the information.
Sales of personal information
As detailed in the chart above, we “sell” and have “sold” in the past twelve (12) months certain categories of personal information that we receive about Consumers.
We do not, however, “sell” the personal information of individuals we know to be under 16 years of age, unless we receive affirmative authorization from either an individual who is between 13 and 16 years of age or the parent or guardian of an individual less than 13 years of age.
Additionally, we do not “sell” the personal information of Website Visitors or Authorized Users.
Use and disclosure of sensitive personal information
As detailed in the chart above, we collect certain “sensitive personal information” (as defined in the CCPA) from Authorized Users. However, we do not collect or process such information for the purpose of inferring characteristics about individuals. Additionally, we do not use or disclose such information for any purpose outside of the limited permissible purposes set forth in the regulations implementing the CCPA, including providing the Services.
Individual rights and requests
As a California resident, you have the right to request that we:
Disclose to you the following information covering the 12 months preceding your request:
the categories of personal information we have collected about you and the categories of sources from which we collected such information;
the specific pieces of personal information we have collected about you;
the business or commercial purpose for collecting, selling, or sharing personal information about you;
the categories of third parties to whom we disclosed your personal information; and
if we sold, shared, or disclosed your personal information for a business purpose, two separate lists disclosing:
sales and shares, identifying the personal information categories that each category of recipient received; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Correct inaccurate personal information that we maintain about you, taking into account the nature of the personal information and the purposes of the processing.
Delete the personal information we have collected from you, subject to certain exceptions.
We will not discriminate against you if you decide to exercise your rights under the CCPA.
If you are interested in exercising one or more of the rights outlined above, you can contact us at legal@openap.tv.
In order to protect your privacy, we may require proof of your identity before we can act on your request. Where applicable, we will use the requested information for verification purposes only. To the extent that we are able (based on the limited information that we collect and maintain), we will verify your identity and respond to your request consistent with applicable law.
If you authorize a natural person or business entity to submit a request on your behalf (an “Authorized Agent”), the Authorized Agent may use the submission method noted above. An Authorized Agent will need to demonstrate that you have authorized them to act on your behalf, unless you have provided the agent with power of attorney pursuant to applicable probate law. Depending on the evidence provided, we may also contact you to verify your identity with us or request confirmation from you that the agent is authorized to submit the request on your behalf.
Please note that we will decline a request where we are unable to verify your identity and/or honor it based on the limited information that we collect and maintain in an identifiable form.
Personal information “sales” opt-out right
As detailed in the chart above, we “sell” certain categories of personal information relating to Consumers to third parties. If you are 16 years of age or older, you have the right to direct us to not “sell” your personal information at any time.
To exercise your opt-out right, you may submit a request to us by sending an email to legal@openap.tv with the subject line “Do not sell my personal information.” Upon receipt of your request, we will endeavor to honor it based on the limited information that we collect and maintain in an identifiable form.
An Authorized Agent may also use the methods described above to submit a request to opt out on your behalf if you provide the agent with signed permission to do so. Please note that we may request from the agent documentation demonstrating that they have your authority to act on your behalf.
Do Not Track Signals
“Do Not Track” (“DNT”) is a preference that you can set in certain web browsers to inform the websites you visit that you do not want information about your online activity collected over time and across third-party websites or online services. At this time, the Website and the OpenAP Market do not respond to DNT or similar signals.
Children’s Privacy
We understand the importance of protecting the privacy of children, especially in the online environment. Neither the Website nor the OpenAP Market is designed for or intentionally directed to children under the age of 16, and we do not knowingly collect personal information from children under the age of 16.
If we become aware that we have received personal information from an individual under the age of 16, we will take reasonable steps to delete such information from our records.
Information Retention
We will retain your personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or allowed under law.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure of the personal information; the purposes for which we use the personal information; whether we can achieve the purposes through other means; and the applicable legal requirements.
If we de-identify information, we will maintain and use the information in de-identified form and not attempt to re-identify the information except as required or permitted by law.
Updates to this Privacy Policy
We may update or amend this Privacy Policy from time to time to reflect changes in our practices with respect to the collection, use, and disclosure of personal information and/or changes in applicable law.
The “Last Modified” date at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post a revised version of this Privacy Policy on the Website.
We encourage you to review this Privacy Policy periodically to remain informed about our information handling practices.
Contact Us
If you have any questions or concerns about this Privacy Policy or our information handling practices, please contact us at legal@openap.tv.
