Emodo, LLC Privacy Policy

Effective Date: October 23, 2024

Emodo, LLC (“we” or “Emodo”) understands that privacy is an important issue for users of, and visitors to, our www.emodo.com website and our other digital properties that contain a link to this Privacy Policy (collectively, “Site”). This Emodo, LLC Privacy Policy (“Privacy Policy”) is designed to help visitors understand (i) how we collect information from visitors to this Site and how we use that information (“Site Data”) and (ii) how we process information through the advertising services we provide to our clients (“Services Data”). In this Privacy Policy, we refer to information that constitutes “personal data” or “personal information” (or another term with a substantially similar definition and obligations) under applicable data protection law as “Personal Data”.

Site Data

Information You Provide to Emodo

When a user comes to our Site and requests further information, makes a commercial inquiry, or communicates directly with us, the user may provide Emodo with certain information, including Personal Data (for example, contact details, such as name, email address, and phone number) and company information (collectively, “Volunteered Information”). Emodo will use Volunteered Information to respond to the inquiry, as well as in connection with further correspondence, and may also use such information (by itself or combined with other data collected from that user, information provided by or collected from other users, and/or information obtained from other sources) for other commercial and operational purposes, such as to help us better tailor our interactions and communications with users, for marketing, and for statistical and optimization purposes.

We may also collect and process: (i) logins and passwords directly from users if they set up an Emodo account, and each such account login, in combination with the applicable password, may be considered “sensitive” Personal Data under CCPA; and (ii) other sensitive Personal Data if a user voluntarily provides such information to us in a communication (such as an email or other communication).

Data Collected through User Visits and Interactions

Use of Cookies, Pixels, and Similar Technologies

We may use cookies, pixels, and similar technologies on our Site to collect information about your device and about your activities on our Site, including which pages of our Site that you visit.

A cookie is a small alphanumeric text file sent by a web server and placed on your computer by your web browser. Cookies can be divided into two different types: session and persistent. Session cookies are typically deleted when you close your browser. Persistent cookies, in contrast, remain stored on your computer after you close your browser until they expire or you delete them.

Cookies are often used in conjunction with other technologies to understand online behavior, such as to associate online activities to a browser or device (e.g., to understand that a browser or device has visited a specific page of our Site and/or to understand the total number of unique users that have visited a specific page of our Site).

We use cookies, pixels, and similar technologies for our operational and commercial purposes, including: for customizing your experience and interactions, tracking your activities on our Site, in connection with “interest-based advertising” (which associates a user’s activity and interest information, demographic information, geographic information, and similar information with a cookie ID or other online identifier in order to provide more useful and relevant advertising), and other customization purposes; for measurement and analytics; and for fraud prevention and detection and other security purposes. Interest-based advertising is sometimes called “online behavioral advertising”, “cross-context behavioral advertising”, “targeted advertising”, or “tailored advertising”.

You can control the use of cookies by adjusting the settings on your browser. While the specific steps will depend on the browser you are using, popular browsers typically allow you to either refuse all cookies, accept them only from trusted websites, or accept cookies from the website you are using at any particular time. In most browsers, you can find these settings under “Options” or “Preferences” or under the tool symbol.  Many browsers also feature a private browsing mode, which may temporarily override your normal settings.  However, please be aware that if you do not accept cookies, parts of our Site may function differently, and you may not be able to use some portions or features of our Site. For more information about how to manage your cookies and your cookie preferences, please use the “help” menu of your web browser or explore the customer support sections of your web browser, and please also see the “Opt-Out – Right to Withdraw/Revoke Consent” subsection of the “Your Choices” section below.

Usage Data

Some of the Site Data we collect consists of passive data concerning your device and how you access and interact with our Site (“Usage Data”). Usage Data includes information such as your computer’s Internet Protocol (“IP”) address, browser type, and browser version, as well as the pages of our Site that you visit, the times and dates of your visits, your interactions with those pages, location data, and diagnostic data.  You can enable or disable location services through your device settings.  We may use Usage Data to provide, maintain, and improve our Site, including to understand visitors’ activities on our Site, to strengthen the security of our Site, and to improve the functionality of our Site.

Third-Party Controller Site Personal Data

We may use the services of third-party vendors (including in connection with our use of cookies, pixels, and similar technologies) that control the collection of Personal Data on our Site (such collected Personal Data, “Third-Party Controller Site Personal Data”). Such vendors may include Google (e.g., Google Analytics and Google Advertising) and other third parties (including third-party advertising, marketing, and data service companies) that place cookies on our Site (including to monitor and analyze the use of our Site and for interest-based advertising). In addition to our use of Personal Data (including Third-Party Controller Site Personal Data) described in this Privacy Policy, such third-party vendors may use Third-Party Controller Site Personal Data for their own purposes, including: to provide, maintain, improve, and develop their own services; for measurement and analytics; for interest-based advertising and other customization purposes; and for fraud prevention and detection and other security purposes. To learn more about Google’s processing of information (including information collected on our Site through Google Analytics), please visit https://policies.google.com/technologies/partner-sites. By using our Site, you are agreeing to data collection, use, and other processing by our third-party vendors (including Google).

External Links

This Site may contain links to other sites. Please take note that Emodo is not responsible for the privacy policies or practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy policies or privacy statements of each and every site that collects information. This Privacy Policy applies solely to Emodo’s collection and use of Site Data and Services Data.

Services Data

Emodo uses and otherwise processes data, including both Personal Data within the applicable Services Data (such Personal Data, “Services Personal Data”) and Personal Data provided by third-party data partners, to enable and facilitate advertising for our clients.  With respect to the services we provide to our clients, we process and transfer Services Personal Data only pursuant to the instructions of the applicable client that is, or is acting on behalf of, the “controller” (i.e., the party that determine the purposes and means of the processing) of such Services Personal Data.

With respect to Services Personal Data, we are generally a “processor” acting on behalf of the applicable client; however, under certain laws (including the California Consumer Privacy Act (“CCPA”)), we may be deemed a “third-party” controller (or third-party “business”) with respect to Services Personal Data. If you make a request to us under applicable law (e.g., to access, delete, or correct) with respect to your Services Personal Data, we will try to direct you to the appropriate controller to fulfill such request. For more information, please see the “Jurisdiction-Specific Information” section below.

The categories of Services Personal Data that Emodo processes on behalf of its clients include the following:

  • Identifier: Identifiers include online identifiers (such as a cookie ID or a mobile advertising identifier) (each of which we may refer to as an “Advertising ID”) and IP addresses.
  • Internet or Other Electronic Network Activity Information: This category typically includes browsing history, including such information as URL, timestamp, and user agent.
  • Characteristics of Protected Classifications under California or Federal Law: This category typically includes attributes such as gender and age range.
  • Geolocation Data: Geolocation data represents a geographic location of a device at a point in time. There are multiple data sources to activate location data for monetization, such as GPS signal enabled by apps, Wi-Fi networks, and cellular networks. This data type typically includes attributes such as latitude, longitude, horizontal accuracy and timestamp.
  • Inferences: This category is derived from aggregating identifiers (typically, online identifiers) and browsing activity data of users, and allows Emodo to create “segments” based on online activity and inferred interests.

We do not knowingly collect sensitive Personal Data through our services.

Retention of Site Personal Data

We will retain your Site Personal Data only for as long as is reasonably necessary for the purposes set out in this Privacy Policy. The criteria used to determine the retention periods include the type of Personal Data collected and whether we have a legal, contractual, or similar obligation or need to retain the Personal Data. Please note that we may retain indefinitely your Volunteered Information; however, without limiting any of your rights under “Jurisdiction-Specific Information” below, you may delete the Personal Data within your Volunteered Information at any time by emailing us at privacy@emodo.com with “Delete My Volunteered Personal Data” in the subject line. Please note that, if you submit such a “request to delete”: (i) we may have a reasonable need to retain certain of such Personal Data; and (ii) we will not delete the Personal Data that we reasonably need to retain.  Please also note that Third-Party Controller Site Personal Data may be retained by the applicable third party that controls collection in accordance with its own privacy policy.

Data Security

Data security is important to us, but please keep in mind that no method of electronic storage or transmission (including over the Internet) is completely secure.  While we strive to use reasonable and appropriate technical and organizational measures to protect information, we cannot guarantee its absolute security.  We do and will take reasonable and appropriate steps designed to ensure that your data is treated securely and in accordance with this Privacy Policy.

Transfers of Data

We may transfer your information, including Personal Data within the Site Data we collect (such Personal Data, “Site Personal Data”), to — and it may be maintained on — computers located outside of your state, province, country or other governmental jurisdiction, in jurisdictions where the data protection laws may differ than those from your jurisdiction.

If you are located outside of the United States (“U.S.”), please note that your information, including Personal Data, may be sent to, and processed in, the U.S. and/or other countries. By providing us with your Site Personal Data, you consent to such transfers to and subsequent processing in such countries (including the U.S.), which your country may not determine to offer an adequate level of data protections. You may withdraw your consent to our processing of Site Personal Data at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before such withdrawal.

Your Choices

Unsubscribe – Right to Withdraw/Revoke Consent

If you no longer want us to contact you or send you marketing and promotional communications: (i) you may unsubscribe from receiving our marketing and promotional emails by following the unsubscribe link in such marketing and promotional emails; and (ii) you may unsubscribe from other marketing and promotional communications by emailing us at privacy@emodo.com or as otherwise may be expressly specified in such marketing and promotional materials.

Opt-Out – Right to Withdraw/Revoke Consent

You may refuse or remove persistent advertising/targeting cookies by adjusting your browser settings to refuse or remove cookies.

In addition, you may “opt out” of interest-based advertising via certain third-party advertising cookies (but, for purposes of clarification, not our advertising cookies as of the Effective Date) at the following websites:

Please note that you need to configure each browser on each device that you use if you wish to opt-out or block some or all cookies for that browser. If you buy a new device, upgrade or change web browsers or delete your opt-out cookies, you will need to perform the applicable opt-out process again. In order for opt-out processes (other than via browser settings) to work, your browser must be set to accept third-party cookies. Additional information about cookies is available at https://youradchoices.com/choices-faq and www.youronlinechoices.com (by clicking the “Frequently Asked Questions”/“FAQs” link after selecting the appropriate country).

You may also elect not to receive or to receive (depending on the mobile device operating system) interest-based advertising in mobile application environments via the privacy settings on your mobile device and as otherwise made available by the applicable mobile device operating system.

Please note that: (i) there may be a slight delay between your unsubscribe or opt-out election and the processing of such election; and (ii) we are not responsible for third parties’ failure to comply with, or delay in complying with, unsubscribe and/or opt-out elections.

Jurisdiction-Specific Information

Site Personal Data

U.S. State Privacy Laws

Consumer Rights

If you are an individual who is a resident of a U.S. state with an effective general privacy law (such as California under CCPA) (each such law, a “State Privacy Law”), you may have some or all of the following rights with respect to some or all of your Site Personal Data, as set forth in the applicable State Privacy Law:

  • Right to Know/Access: the right to request that we disclose to you, following your verifiable/authenticated request certain information about some or all of the Site Personal Data we have collected about you:
  • Right to Delete: the right to request that we delete, following your verifiable/authenticated request, specific pieces of Site Personal Data we have collected about you.
  • Right to Correct: the right to request that wecorrect, following your verifiable/authenticated request, inaccurate Site Personal Data that we have collected about you. 
  • Right to Data Portability: the right to request that we provide you, following your verifiable/authenticated request, with a copy of Site Personal Data about you that we process by automated means in a portable and, to the extent technically feasible, readily usable format that allows you to transmit it to another party.
  • Rights to “Opt-Out”: 
    • The right to direct us not to “sell” (as defined by the applicable State Privacy Law) or (under CCPA) “share” some or all of your Site Personal Data
    • The right to opt out of “targeted advertising” (as defined by the applicable State Privacy Law) using some or all of your Site Personal Data

Please note that: (i) we do not process your sensitive Site Personal Data without your consent, unless permitted by applicable law, and we do not collect, use, or disclose your sensitive Site Personal Data for any purpose that would require us under any State Privacy Law (such as CCPA) to offer a right to limit the use and disclosure of such sensitive Site Personal Data; and (ii) we do not use your Site Personal Data to engage in “profiling” (as defined by applicable State Privacy Laws) in furtherance of “decisions that produce legal or similarly significant effects concerning consumers” (as defined by applicable State Privacy Law).

  • Right to Non-Discrimination. We may not discriminate against you because you exercise any of your rights under your applicable State Privacy Law, including by:
    • Denying services to you
    • Charging you different prices or rates for services, including through the use of discounts or other benefits or imposing penalties
    • Providing a different level or quality of services to you
    • Suggesting that you will receive a different price or rate for services or a different level or quality of services

Methods of Submitting State Privacy Law Requests

How to Exercise Your “Right to Know/Access”, “Right to Delete”, “Right to Correct”, and “Right to Data Portability”

If you are a resident of a U.S. state with an effective State Privacy Law, you may submit requests under that State Privacy Law to exercise your “right to know/access”, your “right to delete”, your “right to correct”, and/or your “right to data portability” with respect to some or all of your Site Personal Data via either of the following methods:

Please note that if we notify you that we were unable to verify/authenticate your “request to know/access”, “request to delete”, “request to correct”, or “request for data portability”, you may appeal our determination by emailing us at privacy@emodo.com and indicating why you disagree with our determination (including by providing additional information to support your request).

How to Exercise Your “Right to Opt-Out”

If you are a resident of a U.S. state with an effective State Privacy Law, you may exercise your State Privacy Law “right(s) to opt-out” with respect to some or all of your Site Personal Data via the following method(s):

Authorized Agents

If you are a resident of a U.S. state with an effective State Privacy Law, if and as required by that State Privacy Law, you may use an “authorized agent” to submit requests to exercise your “right to know”, your “right to delete”, your “right to correct”, your “right to data portability”, and/or your State Privacy Law “right(s) to opt-out” (as applicable) on your behalf under that State Privacy Law. Your authorized agent will need to provide us with a copy of a written permission that is signed by you and indicates that you have provided such authorization.

Disclosure of Site Personal Data

For purposes of applicable State Privacy Laws:

  • “Sales”, “Sharing”, and Use for “Targeted Advertising”:We “sell” (as defined by applicable State Privacy Law), “share” (as defined by CCPA), and/or use for “targeted advertising” (as defined by applicable State Privacy Law) (and during the last 12 months have sold, shared, and/or used for targeted advertising) Site Personal Data (including “Identifiers”, “Internet or Other Electronic Network Activity Information”, “Characteristics of Protected Classifications under California or Federal Law”, “Location Data”, and “Inferences”) to/with advertising, marketing, and analytics companies in connection with our, their, and their respective customers’ marketing, advertising, and other business and commercial activities (in connection with our use and/or their provision of their advertising and marketing services and their commercial data provision, enrichment, verification, and analytics products and services).  Without required affirmative consent, we do not knowingly “sell” (as defined by the applicable State Privacy Law) or “share” (as defined by CCPA) the Site Personal Data of individuals under the age of 16 or use such Site Personal Data for “targeted advertising” (as defined by the applicable State Privacy Law).  If you are a resident of a U.S. state with an effective State Privacy Law, as described above, you may have the right, at any time, to direct us under such State Privacy Law not to sell some or all of your Site Personal Data, share some or all of your Site Personal Data, and/or use some or all of your Site Personal Data for targeted advertising, as set forth in the applicable State Privacy Law.
  • “Disclosures for a Business Purpose”: We disclose (and have disclosed during the 12 months prior to the “Effective Date” at the top of this Privacy Policy) Site Personal Data (including “Identifiers”, “Internet or Other Electronic Network Activity Information”, “Characteristics of Protected Classifications under California or Federal Law”, “Geolocation Data”, and “Inferences”) for a “business purpose” (as defined by CCPA) to “service providers”/“processors” (each, as defined by the applicable State Privacy Law) that perform certain services on our behalf, such as data center providers, hosting service providers, and anti-fraud and security providers.

California

Response to “Do Not Track” Signals

We do not support browser “Do Not Track” signals, and do not change any of our data collection or use practices when we receive such signals. “Do Not Track” is a preference you can set in your web browser. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

However, while we do not support “Do Not Track” signals, we do honor opt-out signals received from the Global Privacy Control user-enabled universal opt-out mechanism as the applicable user’s election to opt-out of the sale and/or sharing (each, as defined by CCPA) of their Site Personal Data.

Your California Privacy Rights under “Shine the Light”

California’s “Shine The Light” law permits certain individuals who are California residents to annually request and obtain information free of charge about what Personal Data is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not distribute Site Personal Data about you to outside parties for their direct marketing without your consent, except if provided for in this Privacy Policy.

For more information, please email us at privacy@emodo.com, with “California Shine the Light Privacy Request” in the subject line, and your full name, email address, postal address and specific services you have used in the body of your email.

European Economic Area, Switzerland, and United Kingdom

Legal Bases (GDPR)

The EU General Data Protection Regulation (GDPR) requires a “legal basis” for processing Personal Data of European Economic Area (which includes, for purposes of this Privacy Policy, Switzerland and the United Kingdom) (“EEA”) data subjects. If you are an EEA data subject, Emodo’s legal basis for collecting, using, and disclosing the Site Personal Data it collects will depend on the particular Site Personal Data, the specific context in which we collect it, and the specific purposes for which we collect and use it. Such legal basis will generally be with your consent, unless we have a legitimate interest.

Your Rights under GDPR

If you are an EEA data subject and certain requirements are fulfilled, you have the following data protection rights, as set forth in GDPR:

  • Right of Access. You have the right to access your Site Personal Data.
  • Right to Erase. You have the right to have us erase your Site Personal Data.
  • Right to Data Portability. You have the right to be provided with a copy of your Site Personal Data in a structured, machine-readable and commonly used format (or have this transferred to a third party).
  • Right of Rectification. You have the right to have your Site Personal Data rectified/updated if that information is inaccurate or incomplete.
  • Right to Object. You have the right to object to our processing of your Site Personal Data that is carried out for our legitimate reasons and/or for direct marketing, including profiling that is related to such direct marketing.
  • Right of Restriction. You have the right to request that we restrict the processing of your Site Personal Data (i.e., we would need to secure and retain the Site Personal Data for your benefit but not otherwise use it).

If you wish to exercise any of the above-mentioned rights, please email us at privacy@emodo.com.  Please note that we may ask you to verify your identity before responding to such requests.

  • Right to Withdraw/Revoke Consent. You also have the right to withdraw your consent at any time where Emodo relied on your consent to process your Site Personal Data.
    • If you wish to exercise such right with respect to interest-based advertising, you can do so through the applicable mechanisms set forth in the “Opt-Out – Right to Withdraw/Revoke Consent” of the “Your Choices” section above.
    • If you wish to exercise such right with respect to our marketing communications, you can do so through the applicable mechanisms set forth in the “Unsubscribe – Right to Withdraw/Revoke Consent” subsection of the “Your Choices” section above.

You also have the right to complain to a data protection authority about our collection and use of your Site Personal Data. A list of data protection supervisory authorities can be found at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.  We would, however, appreciate the opportunity to address your concerns before you approach a data protection authority, and would welcome you directing an inquiry first to us at privacy@emodo.com.

GDPR and Third-Party Controller Site Personal Data

Third-party vendors that control the collection of Third-Party Controller Site Personal Data of EEA data subjects on our Site may also be considered “joint controllers” or “independent controllers” under GDPR and, therefore, responsible for enabling the rights of EEA data subjects under GDPR with respect to applicable Third-Party Controller Site Personal Data stored and otherwise processed by such third-party vendors. For information about the contact details of each such third-party vendor and, if applicable, its GDPR representative and/or data protection officer, please see their privacy policy.

Services Personal Data

If you are a resident of a U.S. state with an effective State Privacy Law or if you are an EEA data subject, you have (or may have) rights with respect to Services Personal Data and the applicable “controller” (or “business”) (please see the “Data Controller(s)” section below) corresponding to the applicable rights set forth under the “Site Personal Data” subsection of this “Jurisdiction-Specific Information” section.

Data Controller(s)

With respect to Site Personal Data, Emodo is the “controller” (or the “business” under CCPA); as the controller, we determine the purposes and means of the processing of such Site Personal Data. As discussed above, with respect to “Third-Party Controller Site Personal Data”, both we and the applicable third-party vendor may be independent controllers or joint controllers.

With respect to Services Personal Data, the applicable client (or a client of such client) is the “controller” (or “business”), and we are generally a “processor” acting on behalf of the applicable client.  However, under certain laws (including CCPA), we may be deemed a “third-party” controller (or third-party “business”) with respect to Services Personal Data.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted, and we will update the “Effective Date” at the top of this Privacy Policy.

Contact Information

If you have any questions, concerns, or complaints about this Privacy Policy or our privacy practices, please feel free to contact us by email to privacy@emodo.com, by phone (800-292-7920), or by postal mail to the following address: Emodo, LLC, 535 Mission Street, 14th Floor, San Francisco, CA 94105, USA.