Who We Are and What We Do

Privacy Policy 

Last Updated: July 16, 2024 

Mediasmith, Inc. (“Mediasmith”) is an agency that offers media planning, media buying and analytics services for a variety of advertisers.  (the “Site”). This Privacy Policy applies to Mediasmith (referred to herein as “Mediasmith,” we,” or “our”) and governs our practices regarding the collection, use and disclosure of personal information that we collect offline and online, including via our website at https://www.mediasmith.com/ (the “Website”), by email, marketing communications, social media, mail, telephone, or other methods. We may update this Privacy Policy from time to time, as specified in the “Changes to This Privacy Policy” section below.   

California state law confers certain rights upon its residents.   If you are a California resident, please also see our “ CALIFORNIA CONSUMERS ONLY:  Your California Privacy Rights” section below in this Policy.   

YOUR CONSENT 

Please review this Policy periodically.  You should read this entire Policy before submitting information, including Personal Information, to us in any form or using our Website.  Whenever you submit Personal Information to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Policy. 

All Personal Information may be used for the purposes stated in this Policy.  We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.   

COLLECTION OF PERSONAL INFORMATION 

We collect Personal Information using the following methods: 1) from you when you voluntarily provide it, including online when you visit our website, or when you interact with us in any other manner; 2) using automated technology, including when you visit our website or interact with our electronic advertisements or communications; and 3) using third party sources including but not limited to service providers and entities providing data analysis and analytics.  To see a complete list of what we collect, how we use this data, please see Annex 1. 

Personal Information 

Mediasmith collects Personal Information, including contact information, such as your name, phone number and email address, and other information when you choose to provide it to us via our website.  

Internet / Network Activity 

When you visit our website, we collect information about you through your browser, computer hardware and software.  This information can include your IP address, device ID, browser type, domain names, access times and dates, number of clicks, pages viewed, one or more cookies (as described below) that may uniquely identify your browser, and referring website addresses.  We use this information for the improvement of our site. 

HOW WE USE YOUR PERSONAL INFORMATION 

We use Personal Information of customers for a wide range of purposes, including:  

• to respond to your requests and feedback; 

• to improve our business and Website; 

• to follow up with you after you have communicated with us or submitted information to us; 

• to send promotional communications or offers (unless you have requested that we not send such communications); 

• for marketing, research legal purposes and other purposes; 

• to address your interests and concerns; and 

• as otherwise specified at the point of Personal Information collection. 
   

HOW WE DISCLOSE YOUR PERSONAL INFORMATION 

Service Providers and Contractors 

We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that help us communicate with you, vendors that host and support our website and data, security and fraud detection vendors. 

Third Party Partners 

We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you including for email communications.  

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Sharing of Personal Information with third party partners excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

Legal Obligations 

We may disclose Personal Information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. 

Sale or Corporate Restructuring 

We may disclose Personal Information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company. 

RETENTION OF PERSONAL INFORMATION  

Mediasmith will retain Information collected through the Site for the period necessary to fulfill the legitimate business purposes or uses outlined in this Privacy Policy. Mediasmith may be required to retain certain information in order to comply with our legal obligations, resolve disputes, and enforce our policies. 
 

HOW WE USE “COOKIES” AND OTHER TECHNOLOGY 

As you enter the Website, our server records and monitors your IP address and uses it to develop statistical analysis.  These analyses assist us in refining and adapting the content and design of our site.  The use of IP addresses also enables us to prevent malicious Internet users from masquerading as other users.  Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology.  A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser.  A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity.  They are also sometimes referred to as pixels and tags. 

As you access or use our Site, we and/or third parties may collect information using cookies, web beacons, pixels, and navigational and location data collection (clickstream, log files, server logs) for the purposes described in this Policy.  Such automated technologies further help us to keep track of your interactions with our website. 

To find more information about cookies please visit www.allaboutcookies.org .  Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use.  By disabling cookies, you won’t be able to enjoy the convenience provided by our customization. 

Please Note: 

• Opt-outs are device and browser based.  You must opt out on each device and each browser where you want your choice to apply. 

• Opt-outs maybe stored via cookies.  If you clear cookies, your opt-out may no longer be valid and you must opt out again where you want your choices to apply.   

• We may still share your information with our service providers that help us perform functions that are necessary for our business such as vendors that host our Site, analytics processors, etc.  These entities are contractually obligated to keep this information confidential and not use it for any purpose other than for the services they provide to our business.  

Third Party Analytics Disclaimer  

We and/or third parties including service providers on our behalf, may use cookies, web beacons and other similar technology, to collect information from you such as your activities on the Website for the purposes described in this Policy including analytics, monitoring performance, and improvement of our Site (traffic, errors, page load time, popular pages, etc.) 

• Google Analytics: We use Google Analytics to understand how our website, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook. To learn more about how Google processes your data, please visit: https://www.google.com/policies/privacy/. To opt out of Google Analytics, please install the Google Analytics Opt-out Browser Add-on by visiting: https://tools.google.com/dlpage/gaoptout.  

OUR LOCATION 

We are located in and process all personal information collected from the Site in the United States. 

If you are located in Mexico, the European Union, Canada or elsewhere outside of the United States, please be aware that the information we collect may be transferred to and processed in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen. 

SECURITY 

Mediasmith has established appropriate technical and organizational safeguards consistent with industry standards and applicable law to help prevent unauthorized access, loss, disclosure, modification or destruction of the information we collect. While we are committed to ensuring the security of such information, you should be aware that no data protection measures can provide 100% guarantee of security.  
 

INTENDED AUDIENCE OF WEBSITES; COPPA COMPLIANCE 

The Children’s Online Privacy Protection Act (“COPPA”) does not apply to us.  Our Website is not directed to children under the age of 13.  As a result, our Website does not request nor knowingly collect Personal Information from individuals under the age of 13.  If you are not 13 or older, you should not visit or use our Website.  If you believe your child or someone else has provided Mediasmith with personal information about your child and you would like to have the information removed, please contact us and we will use reasonable efforts to remove such information from our records. 
 

EXTERNAL LINKS  

We may make available third party applications through our Website, blog and social media applications for your use.  Links to such applications, any other websites included in this Website or links on our social media accounts operate with privacy policies beyond our control.  Unless otherwise indicated, once you have left our Website or our social media account, all use of information you provide is governed by the privacy policy of the other website’s or social media account’s operators.  We are not responsible for any transactions that occur between you and a third-party website or social media account. 
 

Do Not Track Notice 

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track feature or setting you can activate to signal your preference that your on-line browsing activity data are not monitored and collected.  There is no uniform technology standard for recognizing and implementing Do-Not-Track signals.  This application does not support Do-Not-Track signals. 

YOUR RIGHTS AND CHOICES 

Your right to make informed decisions about information collection is important to Mediasmith.  

To stop receiving advertising e-mails, follow the “unsubscribe” instructions or reply with “UNSUBSCRIBE” to marketing emails sent by Mediasmith. 
 

GOVERNING LAW 

This Policy and our privacy practices will be subject exclusively to the laws of the State of California, United States of America.  We make no representation that this Policy and its practices comply with the laws of any other jurisdiction. 

CHANGES TO THIS PRIVACY POLICY 

This Privacy Policy may be revised from time to time for any reason.  If this Privacy Policy changes, the revised policy will include a new effective date and we will notify you of such changes by posting the revised policy on this page.  Be sure to check the Privacy Policy whenever you submit personal Information or use our website.  

CONTACT US 

If you have questions or concerns related to this Privacy Policy or our information practices, would like to update or correct information you have provided or would like to opt-out of promotional communications from us, please contact us as follows:  

Email:  privacy@mediasmith.com 

Phone:  (415) 252-9339 

CALIFORNIA CONSUMERS ONLY:  Your California Privacy Rights 

This Privacy Rights Act Notice (“Notice”) provides additional information to California residents whose Personal Information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”).  If you are not a California resident, this Notice does not apply to you.  Please review our Privacy Policy (“Policy”) above for more information.  Any capitalized terms undefined in this Notice have the same definition as the Policy.   

PERSONAL INFORMATION COLLECTED, SOLD OR SHARED 

Information Collected 

We collect the categories of personal information about California consumers as described in Annex 1.  To review these categories, see Annex 1.  

Business-to-Business (“B2B”) Information 

If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, we collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating that business relationship.  We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship.  We do not disclose that information outside our business relationship without your consent.  See Annex 1 for more details. 

Information Sold or Shared 

We have not sold or shared any personal information in the preceding 12 months. 

We have disclosed the following categories of personal information for a business purpose in the preceding 12 months: 

• Personal Identifiers 

• Internet Activity 

For details regarding the categories of third parties with whom we have shared, sold, or disclosed personal information, please see Annex 1, below.  

CPRA RIGHTS AND REQUESTS  

Under the CPRA, you are entitled to certain rights, where you can make certain requests with regard to those rights as follows:  

Right to Know about the Categories of Personal Information Collected (“Right to Know”) 

Right to Request Deletion of Personal Information (“Right to Delete”) 

Right to Correct or Rectify Inaccurate Information about you (“Right to Correct”) 

HOW TO MAKE YOUR REQUESTS TO KNOW, DELETE, OR CORRECT. 

You have the right to make requests for the aforementioned rights (Request to Know; Request to Delete; or a Request to Correct (a “Request”)).  

To make a Request for any of the information set forth above, please submit a verifiable consumer request pursuant to the instructions below.  The Request must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold, shared, or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request.  If we cannot verify your identity, we will not be able to respond to your request.  We will acknowledge your Request within 10 business days and will attempt to respond substantively within 45-90 days. 

You may make a Request the following way:  

• Email:  privacy@mediasmith.com 

• Phone:  (415) 252-9339 

Once we receive your Request, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”).  The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.  You will be asked to provide us with two or three pieces of information that will help us to verify your identification. 

We will review all information provided by you to us, to determine whether we can respond to your Request.  We will inform you of our decision to deny or grant your Request. 

For any Requests to Know, you may make such Requests twice within a 12-month period.   

For Requests to Correct, you will need to provide evidence supporting the inaccuracy of the current information, and we reserve the right to delete the information instead of correcting if such deletion does not impact you or you consent to the deletion. 

We will retain correspondence, documents and information related to any Request for 24 months as required by law. 

ADDITIONAL CPRA RIGHTS  

The following are additional rights afforded to you under the CPRA.   

Right to Know Sensitive Personal Information Collected 

We do not collect or process sensitive personal information. 

Right to Opt Out of Sharing and Selling  

You have the right to opt out of sharing or selling of your personal information, as those terms are defined under the CPRA.  As discussed above, we do not sell or share your personal information. 

Right to Non-Discrimination for Exercising Consumer Privacy Rights 

You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein. 

AUTHORIZED AGENT INFORMATION 

You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act. 

Authorized agents can make requests under the California Consumer Privacy Act by emailing us at email address: privacy@mediasmith.com. We will require authorized agents to provide proof of the consumer’s identity and proof of designation as the authorized agent.  We may also require that a consumer verify his or her own identity directly with us before we respond to an authorized agent’s request. 

We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent.  

California Do Not Track Notice: Because there are not yet common, industry-accepted “do not track” standards and systems, our website does not respond to Do Not Track signals.  In addition, we may allow third parties to collect personal information from your activity on our website, as described in the “Information Collection and Use” section above and as described in Annex 1 below.   

CONTACT FOR MORE INFORMATION 

For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us at: 

Email:  privacy@mediasmith.com 

Phone:  (415) 252-9339 

Changes to This Privacy Policy 

This Policy may be revised from time to time for any reason.  If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page.  Be sure to check the Policy whenever you submit personal information to us. 

Annex 1

Category	Examples	Collected From	Purposes	Disclosed to	Sold or Shared	Retention Period
Personal Identifiers	Contact information, including name, phone number and   email address.	You when you visit our Website and provide your information for our newsletter or to contact us or communicate with us in person, via phone or email or other methods.	To send promotional communications or offers regarding our services (unless you have requested that we not send such communications);    For marketing, research, legal, and other business purposes; and  To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies.	Consultants, service providers, and contractors that we use to support our business and operations (e.g., hosting or operating our website, data collection, reporting, ad response measurement, website metrics and analytics, data analysis, delivering marketing messages and advertisements) who have agreed to keep the information confidential and use it only to provide the applicable services;    Third-party companies we work with who help to gather information from you or help us to communicate with you, including for purposes of data analytics;  Third-parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; and  An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of our company or its affiliates including any negotiation thereof.  * No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Sharing of Personal Information with third party partners excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.	No	We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
Internet/ Network Activity	IP address, your device information, domain name, browsers you used to access our Site and services, webpages viewed, time spent on webpages, links clicks, transactions entered into and site-navigation patterns.	Your computer or mobile device, through your online activities and interactions with us, including, without limitation, your use of our services, your online activity on our Site, and on our social media channels or through our third-party sources.    Third-party sources include third-party service providers, opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals.	Analyze and track usage of our services and products including our Site and social media accounts;  Improve our Site, services, and products;  Provide you with a customized user experience;   For other marketing, research, legal, and other business purposes; and  To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies.	Consultants, service providers, and contractors that we use to support our business and operations;   Third-parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; and  An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of our company or its affiliates including any negotiation thereof.	No	We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
Business-to-Business (“B2B”) Information	Name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating the business relationship.	You, if you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship.	For internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship.	We do not disclose B2B Information outside our business relationship without your consent.	No	We will retain your B2B Information for as long as it is necessary to fulfill the purposes outlined in this Policy and as otherwise needed to comply with applicable law and internal company policies.