PRIVACY NOTICE
Updated May 12, 2020
[1] Introduction
HudsonMX, Inc. (“HMX”, “we”, “us”) is an advertising technology company that provides media buying and media accounting solutions through a cloud-based SaaS platform. We refer to these solutions as “Services” in this Privacy Notice. The Services consist of a suite of tools for advertisers to buy and sell advertising inventory in connection with television and radio. The Services also include tools designed to manage advertising campaign analytics as well as financial management applications.
HMX understands the importance and gravity of privacy rights, and is committed to assuring that HMX is aligned and remains aligned with industry best practices in the area of privacy and responsible data handling. This Privacy Notice seeks to present HMX’s data use and processing practices in a clear and transparent manner. In furtherance of such intention this Privacy Notice describes how HMX enables its clients to utilize the Services and the type and manner of data exchange occurring within such relationship.
However, it must be noted that HMX does not own any data passed to HMX by its clients and/or third party partners or processors. HMX’s rights with respect to any such data passed to HMX is limited to the purpose of providing the Service to its clients.
This Privacy Notice governs the transmission and use of Information (as defined below) between HMX and its clients with respect to the Services.
[2] What Kind Information Do We Collect?
“Information” for the purposes of this Privacy Notice refers to data and information HMX receives from its clients when they open an account with HMX, information generated by HMX’s clients’ use of the Services, and data received from third party service providers and partners (“Third Party Data”). With respect to Third Party Data, HMX is bound by the terms and conditions of such Third Party Data provider’s specific instructions with respect to the processing and handling of such data in connection with the Services.
The above notwithstanding, HMX, for its own part, collects two types of information from clients utilizing the Services:
Personal Information. Information by which a client may be personally identified, such as name, company name, postal address, e-mail address, telephone number, cellphone number, and additional contact information a client may provide. This information is generally information a client provides HMX when inquiring about or registering for the HMX Services and offerings when filing our forms on the HMX Services web portal or engaging in correspondence via e-mail or otherwise with HMX. This information may also include transactional and financial data in connection with any purchases, advertising campaigns or additional product registrations the client performs on the Services web portal.
Anonymous/Aggregated Data. Consists of aggregated data automatically collected when a client visits the Services web portal such as device type, actions, patterns, session details which includes location data, advertising campaign data, logs, transactional statistics, product usage, error logs, and other communication data and resources a client access and uses. This information may also include the type of internet connections, operating system, IP address, and browser type. This information is statistical and analytical data and does not include personal information. This information helps HMX improve the Services and client experience by enabling HMX to analyze client session details, user preferences, and customize the experience for better ease of use of the Services.
[3] How Does HMX Collect This Information?
HMX collects Information in three ways: (1) Information provided directly from clients; and (2) information collected by automated means; and (3) information provided by HMX’s data partners and third party service providers.
HMX’s main mode of data collection is based upon the data provided directly from its clients via a client’s use of the Services via the web portal. The information is collected via online forms and applications located on the user interface for the Services, as well as registration forms, subscription forms, financial management forms, demo requests, support requests, user logins.
In addition to the method of information collection discussed above, Cookies are employed on the web portal for automated data collection; Cookies (or browser cookies). A cookie is a small file placed on a web browser. Cookies may be refused by activating the browser appropriate settings. However, by selecting this setting clients may be unable to access certain parts the Services via the web portal or the Services and interface may not function correctly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Finally, HMX may receive information from third party data partners and service providers via various modes of integrations or means of transferring any such data. Such data transfers are subject to specific terms, conditions, instructions, and guidelines provided by such third party partners and service providers. Further, any data received by such means is restricted to be utilized solely in connection with the Services.
[4] Why Does HMX Collect This Information?
HMX collects this Information primarily to serve its clients and improve HMX Services. We use Information that we collect that clients provide HMX:
To present our website, web portal, and their contents to you.
To provide clients and potential clients with information, products, or services that clients and potential clients request from us.
To fulfill any other purpose for which clients provide it.
to negotiate, plan and buy media on their behalf, as well as conduct related financial activities
To provide clients with notices about accounts/subscriptions, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between clients and HMX, including for billing and collection.
To notify clients and potential clients about changes to any products or services we offer or provide though it.
To allow clients to interact with the Services via the web portal.
In any other way we may describe when clients provide the information.
For any other purpose with clients’ consent.
[5] Who does HMX Share This Information With?
HMX may disclose aggregated information about our clients, and information that does not identify any individual or entity, without restriction.
Clients also have access to the Information clients have collected, uploaded and use within the Services, and may have access to Information generated through their use of the Service. If instructed by our clients, we may also share Information that is controlled by our clients and which we process on behalf of our clients with third parties.
We may disclose Information that clients provide as described in this Privacy Notice:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and Services, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of HMX’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by HMX clients is among the assets transferred.
To fulfill the purpose for which clients provide it.
For any other purpose disclosed by us when clients provide the information.
With a client’s consent.
We may also disclose a client’s personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply any agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of HMX, our clients, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
[6] Data Security
HMX has implemented measures designed to secure the Information it receives from accidental loss and from unauthorized access, use, alteration, and disclosure, and has employed industry standard procedures, protocols, hardware, and software intended to ensure the protection of the data HMX processes. Amongst others, we use the following measures: protection of our servers by firewalls, securing our connection with you by using SSL/TLS and encryption of sensitive data. For security and availability purposes we use software to monitor network traffic (IP-addresses) in order to identify unauthorized attempts to upload or change information, or otherwise cause damage.
The safety and security of our client’s information also depends on our clients and third party data providers. In cases where we have given clients credentials for access to the Services, clients are responsible for keeping this password confidential. We ask clients not to share their password with anyone. Likewise, HMX requires its third party data providers and partners to maintain industry standard information security measures surrounding the maintenance and transfer of any data to HMX
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect the data HMX collects and/or processes, we cannot guarantee the security of such data transmitted via the web portal or any integrations with third parties. We are not responsible for circumvention of any privacy settings or security measures contained on any third-party website, or service.
[7] Data Retention
HMX may retain the data HMX processes for as long as necessary to provide our Services to our clients, including without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests.
[8] Accessing, Correcting & Deleting Information
Clients can review and change their Information through their control of the user interface accessed via the web portal. clients may also send us an email at support@hudsonmx.com to request access to, correct or delete any Information that provided to us to the extent clients are unable to do so via the web portal. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
[9] Changes to the HMX Privacy Notice
It HMX’s policy to post any changes we make to this Privacy Notice on this page with a notice that the privacy policy has been updated on the HMX website home page. The date the privacy notice was last revised is identified at the top of the page. You are responsible for periodically visiting our website and this Privacy Notice to check for any changes.
[10] General Terms
This Privacy Notice, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of New York, without respect to its choice of law principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the State of New York, County of New York. This Privacy Notice is written in English, and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Notice conflicts in any way with the English version, the provisions of the English version shall prevail.
[11] Questions?
If you have any questions (or comments) concerning this Privacy Notice, you are welcome to send us an email at: support@hudsonmx.com and we will make an effort to reply within a reasonable timeframe.