Updated: March 2022
SECTION 1: PURPOSE AND SCOPE OF THIS PRIVACY NOTICE
This Privacy Notice sets out how we process your personal information through, and in connection with, this website and other websites we operate (“Sites”). “We”, “us” and “our” in this Privacy Notice refer to Omnicom Media Group Holdings, Inc., the company responsible for the collection of your personal information in connection with our Sites.
This Privacy Notice is intended to assist you in making informed decisions when using our Sites. Please ensure you read and understand this Privacy Notice. It sets out the types of personal information we obtain through the Sites, how we may use such personal information, with whom we may share it and the choices you may have regarding our use of that personal information. It also describes the measures we take to safeguard your personal information and how you can contact us.
Our group of companies consists of us and our network of affiliates, including but not limited to:
- Hearts & Science;
- Outdoor Media Group;
- Optimum Sports/Fuse;
- Content Collective;
- Pathway; and
- Resolution Media.
Depending on where you reside and where relevant legislation applies, we act as the “data controller” of your personal information which we collect in connection with our Sites. This means that we determine the purposes and means of processing your personal information. To contact us, please see the section of this Privacy Noticed entitled “How to Contact Us”.
If you are a California consumer, please see the section of this Privacy Notice entitled “California Consumer Privacy Statement[MC(1] ”.
SECTION 2: TYPES OF PERSONAL INFORMATION WE COLLECT AND PROCESS
We may collect or obtain the following types of personal information through or in connection with our Sites:
- Identity and Contact Information, such as first name, last name, delivery address, billing address, email address, phone number, and social media handle.
- Technical Information, such as IP address, browser type and operating system, geolocation, to ensure we are showing you the correct notices and information, and any other unique numbers assigned to a device.
- Marketing and Communications Information, such as your marketing preferences, service communication preferences.
- Information you provide to us, such as personal information provided via email correspondence or that you decide to provide on or through our Sites e.g., via a contact form.
SECTION 3: HOW WE COLLECT YOUR PERSONAL INFORMATION
We may collect or obtain your personal information in the following ways:
- Personal information you voluntarily provide to us. You may give us your personal information directly, for example, when you inquire about our services through our Sites.
- Personal information we collect using cookies and other similar technologies. When you access and use our Sites, we collect certain behavioural and technical data. We collect this personal information by using cookies and other similar technologies.
- Personal information received from third parties. We may receive personal information about you from third parties such as analytics providers so that we can provide our Sites.
SECTION 4: HOW WE USE YOUR PERSONAL INFORMATION
We may use your personal information for one or more of the following purposes:
- verifying your identity and responding to and communicating with you about your requests, questions and comments;
- administering our Sites including providing various website functionality to you and diagnosing and resolving technical and service problems;
- operating, evaluating, and improving our business, such as developing new products and services, managing our communications, determining the effectiveness of our sales, marketing and advertising, analyzing and improving our business, products and services and Sites, and performing accounting, auditing, billing, reconciliation and collection activities;
- carrying out requests made by you to us;
- investigating or settle inquiries or disputes;
- comply with any applicable law, court order, other judicial process, the requirements of a regulator, relevant industry standards and our policies;
- protect against, identify and prevent fraud, cyber security breaches, and other criminal activities, claims and other liabilities;
- protect the rights, property or safety of us or third parties, including our other clients and users of the Site; and
- additional purposes from time to time as otherwise required or permitted by law.
SECTION 5: HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We retain personal information only for as long as is necessary for the purposes described in this Privacy Notice, and as required by applicable legal, accounting or reporting requirements, after which it is deleted from our systems.
If you have opted out of receiving marketing communications from us, we will need to retain certain limited personal information on a suppression list so that we know not to send you further marketing communications in the future.
SECTION 6: SHARING YOUR PERSONAL INFORMATION
We only share personal information where we are legally permitted to do so. When we share personal information with others, we put appropriate safeguards and security arrangements in place to protect the personal information shared and to comply with our data protection, confidentiality and security standards and obligations.
Subject to the above, we may share your personal information with third parties, as set out below. This list is non-exhaustive and there may be circumstances where we need to share personal information with additional third parties:
- Third parties who perform services on our behalf, such as, web applications, data processing and IT services. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
- Our affiliates and subsidiaries, such as other agencies to help direct your query to the right place and for internal administrative purposes.
- Law enforcement or other government and regulatory agencies and bodies, if we are required to do so by law or legal process, based on a lawful disclosure request, or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
- Auditors, lawyers, accountants and other professional advisers, as required by, and in accordance with, applicable law or regulation.
- Other third parties, in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, bankruptcy or liquidation).
SECTION 7: DATA SECURITY
We are committed to keeping the personal information you provide to us secure and have put in place appropriate technical and organizational measures to protect the personal information under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
Please note that due to the inherent open nature of the Internet, we cannot guarantee that all information will be free from unauthorized access by third parties, such as hackers, and by accessing or using our Sites, you accept this risk.
SECTION 8: LEGAL BASIS FOR PROCESSING
Depending on where you reside and where relevant legislation applies, we may require a legal basis to process your personal information. In such cases, we will rely on one of the following legal bases:
- Consent: where you have granted your consent for us to process your personal data for one or more purposes (e.g., for certain forms of marketing or for using non-essential cookies).
- Contract: where it is necessary for us to perform a contract with you or to take steps at your request to enter into a contract with you (e.g., because you are interested in our services).
- Legitimate interests: where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests (e.g., to improve our website and services). We may rely on one or more legitimate interests, including:
- Administering and improving our business and Sites, including providing access to our Sites
- Security purposes (e.g., to ensure the security of our Sites)
- Responding to enquiries and other correspondence from you
- Providing our Sites and other services in an efficient and effective manner
- Direct marketing and other promotional purposes
- Assisting public authorities
- Enforcing our legal or contractual rights
- Facilitating business transactions
- Legal obligation: in order to comply with a legal obligation to which we are subject (e.g., if we receive a court order to disclose your personal information).
SECTION 9: YOUR PRIVACY AND DATA PROTECTION RIGHTS
Depending on where you reside and where relevant legislation applies, you may have the following rights in relation to the personal information we hold about you under certain circumstances:
- Right to Access. To obtain the confirmation that we process personal information about you, to access and obtain copies of the information, as well as information relating to the processing we carry out.
- Right to Rectify. To request your personal information be updated or corrected where appropriate.
- Right to Delete. To request your personal information be deleted, where appropriate.
- Right to Restrict Processing. To request that we restrict the processing of your personal information in some circumstances, such as where you contest the accuracy of the personal information, while we investigate your concern.
- Right to Data Portability. To receive your personal information in a commonly used electronic format, including that we transfer your personal information in that format directly to another person.
- Right to Object. To object to certain types of processing, such as, direct marketing, profiling, and for purposes of scientific or historical research and statistics.
- Right to Withdraw Consent. To withdraw your consent at any time when the processing relies upon consent (such withdrawal shall not affect the lawfulness of our processing of your personal information based on consent before its withdrawal).
- Right to complain to a supervisory authority or other regulator. You may have the right to lodge a complaint with a supervisory authority or other regulator, for example in the country in which you reside, place of work or where the alleged infringement took place. We ask that you contact us in the first instance to attempt to resolve your complaint before you complain to a supervisory authority or regulator.
To exercise any of these rights, you may contact us at [email protected]. You can exercise your right to complain to the relevant supervisory authority or other regulator by contacting them via contact details indicated on their website.
SECTION 10: DATA TRANSFERS
Some of the personal information we collect about you through our Sites may be transferred to countries other than the country in which the information was originally collected, including to our headquarters in the United States. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described below.
When transferring your personal information outside of the country in which it is collected, we will ensure that we have implemented appropriate safeguards for the transfer which will involve one of the following where recognized by applicable law: (1) we will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for your personal information by the relevant governmental authority in the country from which your personal information is being transferred; or (2) we may use contractual provisions which impose obligations on the recipient to apply appropriate safeguards when processing your personal information (to find out more about the contractual provisions we use, including if you would like to obtain a copy, please email us at [email protected]).
EU-US / Swiss-US Privacy Shield Framework
We and certain affiliates comply with the Privacy Shield Framework, as set forth by the U.S. Department of Commerce regarding the notice, choice, onward transfer, security, data integrity, access and enforcement of personal information transferred from the European Union and Switzerland to the United States.
While we do not rely on Privacy Shield for cross-border data transfers, we have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles and are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between the terms in this Privacy Notice and the Privacy Shield Principles, the Privacy Shield Principles shall prevail.
When we receive personal information under the Privacy Shield and then transfer it to a third-party recipient acting as our agent, we have certain liability under the Privacy Shield. If the agent processes the personal information in a manner inconsistent with the Privacy Shield Principles, we will be responsible for the event giving rise to the damage.
If you are a resident of the European Union or Switzerland and are not satisfied with the manner in which we have addressed your concerns about our privacy practices, you may seek further assistance, free of charge, from our designated Privacy Shield independent recourse mechanism, TRUSTe. You may have the option to invoke binding arbitration for the resolution of your complaint under certain circumstances.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Our affiliates certified under Privacy Shield include Accuen Inc., OMD Worldwide Holdings, Inc., Media Services, Inc., Resolution Media Inc., Pathway Group LLC, Hearts and Science LLC, OMG Entertainment & Sports LLC, PHD Media LLC, OMD USA LLC.
SECTION 11: THIRD PARTY LINKS AND SERVICES
Our Sites may contain links to third party websites and services. Please remember that when you use a link to go from our Sites to another website or you request a service from a third party, this Privacy Notice no longer applies to these third-party websites and third-party service providers.
Our Sites may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Sites, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.
SECTION 12: PERSONAL INFORMATION OF MINORS
Our Sites are not intended for use by, or targeted at, minors (individuals under the age of 18) and we do not knowingly collect personal information of minors. If we discover that we are holding the personal information of a minor, we will delete that information as soon as possible. If you are a parent or legal guardian of a minor, please contact us if you have reason to believe that such minor may have submitted their personal information to us.
SECTION 13: UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice will be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Sites to notify you of any significant changes to our Privacy Notice and indicate at the top of the Privacy Notice when it was most recently updated.
SECTION 14: HOW TO CONTACT US
If you have questions about this Privacy Notice or would like to exercise your privacy or data protection rights, please contact us by email at [email protected] or write to us at:
Omnicom Media Group Holdings Inc.
Attn: Privacy Counsel
195 Broadway, Floor 8
New York, NY 10007
SECTION 15: COOKIES AND SIMILAR TECHNOLOGIES
When you visit our Sites, we may collect certain information by automated means, such as cookies, web beacons and similar technologies.
What are cookies and similar technologies?
Cookies are very small text files or pieces of code, which often include a unique identifier. When you visit a website, the website will request to store this text file on your device in order to remember information about you, such as your language preference or login information. Other information gathered through cookies may include the date and time of visits and how you are using the particular website.
We also use similar technologies to cookies known as “web beacons”, “pixels” or “tags”. These technologies do a similar job to cookies, allowing website operators to count page views and understand how visitors interact with and respond to certain content on a webpage.
We use “first party cookies” and “third party cookies” in connection with our Sites. First party cookies are cookies placed by us to collect information about you. Third party cookies are cookies placed by third party website operators. Information about you collected by those third-party cookies will be shared with the relevant third party.
You should be aware that applications you use to access our Sites, such as your website browser, may also place cookies on your device when visiting our Sites, or other websites. An example of this would be where you sign into Google Chrome using a Google Account. We do not have control over these third-party cookies, so you will need to manage these cookies in the settings of the relevant applications.
What types of cookies do we use?
We may use one or more of the following types of cookies on our Sites:
Essential Cookies – Essential cookies are those cookies which a website could not operate without. Essential cookies include cookies such as login cookies and shopping cart cookies.
Functionality Cookies – These cookies recognise you when you return to a website, remember your preferences and provide enhanced, more personalised and other non-essential features.
Analytics/Performance Cookies – Analytics cookies, along with other information, allow websites to calculate the aggregate number of people using a website and which features of a website are most popular. This information is generally used to improve the website and the way visitors are able to move around it.
Advertising Cookies – Advertising cookies (also known as targeting cookies) help us to deliver our adverts when you visit other websites, such as news websites. This is known as ‘retargeting’. This technique helps to ensure that the ads you receive are more relevant to you and your interests. These cookies help to measure the effectiveness of an ad (for example, by reporting whether you have clicked on it) and can also limit the number of times that you see an ad (for example, if you see it twice but don’t click on it, you may not see it again). These cookies are usually placed by advertising networks that we and other advertisers work with to deliver ads. They remember that you have visited a website and this information is shared with other ad networks to show you relevant ads.
How long do cookies last?
All cookies have expiration dates that determine how long they stay in your browser:
Session Cookies – these are temporary cookies that are placed on your device during your browsing session and then expire (and are automatically erased) whenever you close your browser.
Persistent Cookies – these are designed to last for a pre-defined period of time, which varies depending on the nature of the cookie. Persistent cookies stay in your browser until they reach their individual expiry date, or until you manually delete them (see section below).
How do I refuse, block, or delete cookies?
To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means. For more details on cookies and similar technologies and blocking or deleting cookies for a wide variety of browsers, visit All About Cookies.
SECTION 16: CALIFORNIA CONSUMER PRIVACY STATEMENT
If you are a California consumer, click here to read our California Consumer Privacy Statement.