OpenAP Market Privacy Policy Last modified: May 1, 2020

Welcome to the OpenAP Market, an online platform that facilitates standardized data segmentation and provides an advanced marketplace for the planning and execution of cross-publisher advanced audience targeted advertising campaigns across linear and digital television inventory (the “OpenAP Market”). The OpenAP Market is owned and operated by OpenAP LLC (“OpenAP”), a limited liability company. The current limited liability company members of OpenAP are Foxcorp Holdings LLC, NBCUniversal Media, LLC and Viacom International Inc. The current publisher entities that participate in the OpenAP Market are Foxcorp Holdings LLC, NBCUniversal Media, LLC, Univision Communication Inc. and Viacom International Inc. (together with additional publisher entities that may participate in the OpenAP Market, and all of their successors-in-interest, the “Publishers”).

This Privacy Policy describes the practices of the OpenAP Market. The practices described in this policy apply only to the OpenAP Market, and do not apply to the products and services provided by the OpenAP members or the OpenAP website.

The OpenAP Market is for use only by an employee, contractor or consultant of a permitted Publisher, client of an approved agency planning or demand side platform (“Approved Programmatic Platform”), advertiser, or advertising agency (advertiser, agencies and client of an Approved Programmatic Platform, collectively, “Advertising Users”), who has been issued a unique user name and an initial password by OpenAP (each, an “Authorized User”).

If you are a California resident, please see the “Authorized Users Subject to California Law” section below.

Personal Information You Provide to Us or that We Collect

Accenture, on behalf of OpenAP, collects the Personal Information you provide in your use of the OpenAP Market. All Authorized Users must provide certain Personal Information including name, email address, and company to use the OpenAP Market. As an Authorized User, you may upload or input onto the OpenAP Market certain Personal Information and data, including information from third parties, to the OpenAP Market. We and third party service providers that provide content or functionality on the OpenAP Market may use cookies and similar technologies to facilitate administration and navigation on the OpenAP Market, to better understand and improve the OpenAP Market, to understand your use of the OpenAP Market, and to provide you with a customized online experience. Cookies are small files that are placed on your computer when you visit a website. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites. Most browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. If you disable cookies, it may interfere with the proper functioning of the OpenAP Market. We also collect device information such as device ID, browser version and geolocation. ersonal Information related to one Publisher’s activity on the OpenAP Market will not be shared with or accessed by any other Publisher absent the first Publisher’s active permissioning, such as in segment sharing. Personal Information related to one Advertising User’s activity on the OpenAP Market will not be shared with or access by any other Advertising User absent the first Advertising User’s active permissioning, such as in segment sharing. “Personal Information” is any information relating to an identified or identifiable natural person. If California law applies to you, “Personal Information” under California law is information that identifies, relates to, describes, is capable or being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

How We Use Personal Information and Data Collected on the OpenAP Market

  • To Create the Outputs You Request. 

    Authorized Users may use the OpenAP Market to upload data and create various different outputs, reports, or information. Accenture, on behalf of OpenAP, uses this data to generate the requested outputs.

  • To Provide and Manage the Products and Services You Request.

    This includes, for example, enabling you to participate in features provided by the OpenAP Market and to maintain and administer the OpenAP Market.

  • To Contact You.We may contact you regarding site maintenance or other developments that may affect your experience with the OpenAP Market.

  • To Better Understand Our Users and to Improve Our Services.

    In the course of providing content you request on the OpenAP Market, we or our service providers may collect Personal Information and analyze that data to better understand and serve our users, and to improve our products and services.

  • To Protect the Services and the Rights of Users and Others.

    We may use your Personal Information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of OpenAP, and its members, employees or agents, or other users.

  • Otherwise With Your Consent.We may otherwise use your Personal Information with your consent or at your direction.

How We Share Personal Information Collected on the OpenAP Market

  • With Parties You Have Designated. An Authorized User of the OpenAP Market may create a Segment (defined below), and may appoint one or more Authorized Users as additional editors of the Segment or share a Segment with Publishers or other permissible recipients. In these cases, we may share the Segment with the parties an Authorized User has designated. The decision to share a Segment, once made by you, is irrevocable. “Segment” is defined as a group composed of consumers or households who may respond similarly to marketing strategies and who share traits such as similar demographics, interests, demand characteristics or locations.

  • Service Providers.We may share Personal Information with vendors who provide services on our behalf or vendors who provide services or information to you via the OpenAP Market, such as companies that host the content of the OpenAP Market, data analytics companies, third-party data providers (e.g. Nielsen, comScore and others), marketing service companies, and list managers. These service providers are given the Personal Information they need to perform their designated functions or to ensure their services or information are being used correctly. They are not authorized to use or disclose your Personal Information for their own purposes or for any purpose unrelated to the operation of the OpenAP Market, other than to

  • Business Partners.We may share your Personal Information with business partners to provide you with services that you request.

  • Others When Required or Permitted by Law. 

    We may use and share your Personal Information in response to legal requests or process and when we believe it is necessary or appropriate to protect the legal rights, privacy, safety, or property of OpenAP, its members, or Authorized Users; to detect, suppress or prevent fraud; and to comply with, or otherwise as permitted under, applicable law and legal requests.

  • Other Parties in Connection With a Corporate Transaction.

    We may transfer Personal Information collected on the OpenAP Market in the event that OpenAP or its members sell or transfer all or a portion of its or their business or assets to a third party in connection with a corporate transaction or bankruptcy.

  • Otherwise With Your Consent.In addition to the sharing described in this Privacy Policy, we may share your Personal Information with third parties whenever you consent to or direct such sharing.

  • Aggregated Data.We also may provide aggregated and anonymized information to third parties for usage, performance analytics and development and improvement of the OpenAP Market.

Security

We have in place physical, electronic and managerial procedures to protect the Personal Information and data the OpenAP Market collects. However, no security system is impenetrable. We cannot guarantee the security of the OpenAP Market, nor can we guarantee that the Personal Information and data you supply will not be intercepted while being transmitted to the OpenAP Market over the Internet.

Authorized Users Subject to California Law

If California law applies to you, we provide the following additional information:

  • Personal Information We Collect:

     

    We collect the following categories of personal information, along with examples of the personal information in that category:

    • Identifiers (such as name and email address);

    • Professional information (such as company);

    • Geolocation data (such as IP address); and

    • Internet or other electronic network activity information (such as IP address, cookies, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, hardware type, operating system, internet service provider, pages that you visit before and after using our services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within our services and other actions taken through use of our services such as preferences).

  • Sources of Personal Information We Collect:

     

    The sources of the Personal Information we collect above include Personal Information you or your Employer (as defined in the End User License Agreement) directly provide to us (for example, on the OpenAP Market), Personal Information that we gather from the devices you use to access our services (such as cookies, IP address, browser version, device ID), and personal information that we generate internally (such as identifiers that we associate with you).

  • Personal Information We Share:

    Within the last 12 months, we have shared all of the categories of Personal Information we list in the “

    Information You Provide to Use or That We Collect

    ” section to third parties for business purposes. For example, we share Identifiers (such as your name and email address) with Accenture and other service providers in order to provide the OpenAP Market to you.

  • “Sale”:

    California residents have the right to opt out of our disclosures of Personal Information that we have disclosed to third parties for valuable consideration (which may be considered “sales” under California law even if no money is exchanged). What is covered as a “sale” under California law is not yet clear. However, we currently do not “sell” your Personal Information as we understand it.

  • Your Rights:

    You have the right to direct us to stop disclosing your Personal Information to third parties for monetary or other valuable consideration. As set forth above, we currently do not “sell” your personal information as we understand “sale” under the California law.

  • Exercising Your Rights:

    If you are a California resident and would like to exercise one of your rights, please contact us at legal@openap.tv. California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.

  • California “Shine the Light”:

    Under the California “Shine the Light” law, California residents who share Personal Information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those third parties. Since we do not share your Personal Information with third parties for marketing purposes without providing you notice and obtaining your consent, this notice and consent satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes. If you are a California resident and have additional questions on our sharing of your Personal Information with third parties for marketing purposes, you may send us your questions by email to legal@openap.tv. If you are a California resident and have additional questions on our sharing of your Personal Information, please contact us at legal@openap.tv.

Other Important Information Updates to Privacy Policy. We may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when it was last revised. Any changes to this Privacy Policy will become effective when we post the revised policy on the OpenAP Market. International Users.The OpenAP Market is hosted in and managed from the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. If you are located outside the United States, you consent to having any information processed in the United States. Linked Services.The OpenAP Market may link to sites operated by Publishers, data providers and unaffiliated companies, and may offer content, functionality and applications developed and maintained by the same. We are not responsible for the privacy practices of non-OpenAP Consortium members and unaffiliated companies to which the OpenAP Market may link or provide access. Children’s Privacy.The OpenAP Market is intended to only be used by Authorized Users and is not intended for use by children under the age of 13. We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law. Contact Us Please contact us at legal@openap.tv with any questions about this Privacy Policy.