True North Loyalty, LLC a Fluent Company - adflow Privacy and Cookies Policy - Fluent, Inc.
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True North Loyalty, LLC a Fluent Company – adflow Privacy and Cookies Policy

Effective Date/Last Updated: December 18, 2023

For Residents of the United States and Canada Only. For Residents of the United Kingdom (“UK”),
click here.

True North Loyalty, LLC a Fluent Company (“True North,” “we,” “our,” or “us”) provides the following Privacy Policy (“Privacy Policy” or “Policy”), which describes how we collect, use, disclose, and share information that is personally identifiable to a user (“Information”). This Privacy Policy also discusses consumers’ data privacy rights under U.S. state law, including the California Consumer Privacy Act (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Utah Consumer Privacy Act (“UCPA”), as well as Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), and how to exercise those rights. California Consumers: Click here to read the California Notice at Collection within this Privacy Policy.

WHO IS TRUE NORTH AND WHAT DOES TRUE NORTH DO?

True North is a transaction marketing company that operates several websites (“True North Websites”). We provide services to Partner Sites that display an ad module (“True North Ad Module”) that typically consists of up to five offers after a transaction on the Partner Site (collectively, “Offers”) from third-party advertisers, publishers, and marketing companies (collectively “Marketing Partners”); these services are called our “adflow Services.” Collectively, we refer our True North Websites and adflow Services as “True North Services”.

ACCEPTANCE OF PRIVACY POLICY

By accessing or using our adflow Services, you signify your acceptance of this Privacy Policy and your agreement to the collection, use, disclosure, and sharing of your Information as described herein. If you do not intend to agree to the terms of this Privacy Policy, DO NOT access or use adflow Services. 

PRIVACY POLICY UPDATES

This Privacy Policy is subject to change from time to time. Your continued access or use of True North Services following the posting of changes to these terms will confirm your acceptance of all changes made except for changes that expand or alter the use of your Information. If we expand or alter the use of your Information beyond what is described in this Privacy Policy, we will notify users by: (a) sending the modified Policy to our users via email or (b) any other reasonable means acceptable under applicable state and federal law.

FOR U.S. AND CANADIAN RESIDENTS ONLY 

If you are not a resident of the United States, Canada or the United Kingdom, you are not permitted to access or use adflow Services. Please note that this Policy applies to residents of the United States who are aged sixteen (16) years or older and Canadian residents who are eighteen (18) years and older. If you are a resident of the United Kingdom who is aged eighteen (18) or older, you are permitted to access adflow Services, but how we process your Information is governed by our True North adflow UK Privacy Policy, which you should read and review prior to accessing or using adflow Services.

CATEGORIES OF INFORMATION WE COLLECT 

We may collect the following categories of information:

  • Identifiers and related personal information (such as real name, alias, postal, email and/or IP address, telephone number, birth date, and gender);
  • Commercial information (including preferences, products or services purchased, obtained, or considered, or other purchasing data);
  • Internet or similar network activity (such as browsing and search history and information about a consumer’s interaction with a website, application, or advertisement) and information made available via Internet activity (such as device types, user agent data, referring URLs, and IP addresses); and
  • Inferences drawn from other categories of Information (for example, a profile reflecting a person’s preferences, characteristics, psychological trends, and attitudes).

HOW WE COLLECT INFORMATION 

We may collect Information in the following ways:

  • Directly from users based on their purchasing activity and any information provided via registration forms;
  • Via our hosting servers, which collect Information from users through various technological means when users access and interact with adflow Services;
  • From parties under our common control (which includes our parent, subsidiaries, and other entities under common control with us – collectively “Related Parties”);
  • From third parties (including our service providers and contractors) who assist us in hosting and providing support for the adflow Services;
  • From our Marketing Partners, who may share Information with us, such as identifiers and commercial information and advertise goods and services through adflow Services;
  • From cookies (small text files placed on a user’s browser by a website such as the Website that track online behavior), web beacons (single-pixel GIF image files), and other technological means (collectively, “Cookies”), and
  • By combining Information, collected from the sources described above, to augment and verify Information and to improve the overall quality of adflow Services.

HOW WE USE INFORMATION

We use Information in the following ways:

  • For the purposes of providing you with content and products and/or services that we believe may be of interest to you, including determining what ads are show to you and to communicate with you via email or other forms of communication that you have consented to receive;
  • For True North Services operations, content improvements, testing, research, analysis, and product development;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between users and us, including for purposes of our Arbitration Agreement, and to demonstrate our compliance with applicable laws;
  • To detect, investigate, and respond to any fraudulent or malicious activity or any other activity we determine is or may be a violation of the adflow Services, this Policy, or existing laws, rules, and regulations;
  • As necessary or appropriate to protect the rights, property, and/or safety of us and our Marketing Partners, Related Parties, service providers, and any other third-party with whom we have a contractual relationship for commercial or business purposes;
  • To maintain suppression or opt-out lists so that we won’t contact users who have asked not to be contacted;
  • To augment Information by enhancing it with other data sources provided by third parties and Related Parties to enable us, for example, to gain deeper insights into our users; and
  • To respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or when we determine it is necessary to comply with applicable laws and/or regulations.

HOW WE MAY DISCLOSE AND/OR SHARE INFORMATION

We do not sell any Information, nor do we share it with our Marketing Partners. We may share Information with our service providers and Related Parties in the following ways and for the following purposes:

  • With our Related Parties to augment and verify the Information we collect and to develop and enhance their products and services; and
  • To enable our service providers to perform their respective tasks for business purposes.

When we share Information with our service providers for business purposes, we enter into agreements that describe the purpose for which the Information is shared, restrict its use to the agreement’s specified purpose, and require that all Information remain confidential and be protected from unauthorized disclosure.

We may share Information with applicable third parties as necessary if we become the subject of bankruptcy proceedings, or in connection with the sale, assignment, merger, or other transfer of all or a portion of our business. If we are involved in any of these transactions, we will notify users via email (if we have been provided with that information) via or an updated Policy provided when experiencing the adflow Services.

MINORS 

True North Services is designed to comply with the Children’s Online Privacy Protection Act (“COPPA”) and other laws protecting children’s privacy. In compliance with COPPA, we do not knowingly collect or retain information from the Websites from children under the age of thirteen (13) years. (If you are a parent or guardian of a child under thirteen (13) years of age and you think your child has given us Information, you can email us at help@myprivacyrequest.com.) In compliance with the CCPA, we do not knowingly sell or share Information of users under the age of sixteen (16) years. For Canadian residents, True North Services are intended for use only by users (eighteen) 18 years of age or older.

COOKIES, INTEREST-BASED ADVERTISING, AND THIRD-PARTY ANALYTICS

Adflow Services currently does not use Cookies. We may in the future use Cookies to enhance a user’s experience while on the True North Websites or using a True North Service. Some of our Marketing Partners may place Cookies on a True North Website to track users’ online behavior while on the True North Website and after they leave the True North Websites. These third-party Cookies may enable the delivery of interest-based advertisements (to find out more about Cookies, visit https://www.networkadvertising.org/understanding-online-advertising/glossary/) based on a user’s visit to a True North Website and/or other websites. In addition, our Marketing Partners use Information gathered in this manner to recognize users across different channels and platforms, including computers, mobile devices, and Smart TVs. Our Marketing Partners may use this information over time for advertising, analytics, attribution, and reporting purposes.

We may use Google Analytics and similar tools provided by our third-party partners to help analyze how users interact with the True North Services and to display customized ads and other content to our users during a current browsing session or in the future when the user is online. These analytics are performed by using the technological means described above to monitor a user’s interactions with the True North Services and do not involve the collection of any additional Information.

Most browsers are initially set up to accept Cookies, but users can reset their Internet browsers to refuse all Cookies or to indicate when a Cookie is being sent or to refuse online tracking. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for interest-based advertising. However, not that many websites do not honor or alter our behavior when a user has activated the “do-not-track” setting on their browser. The exception to this is in the case of California consumers, where companies who must comply with the CCPA must honor opt-out preference signals that consumers set on applicable browsers.

Even where a user rejects a Cookie, the user may still use a website but their ability to use certain features or offerings may be impaired. For example, if a user returns to a website that uses Cookies, the user may have to re-enter information that was previously provided on that same website. Many websites retain Cookie data indefinitely, unless a user exercises their data deletion rights under applicable data privacy laws.

Users may opt-out from interest-based advertising delivered to their web browser by companies who have elected to participate in one of the interest-based advertising opt-out mechanisms such as the Digital Adverting Alliance’s opt-out program located here or the National Advertising Institute’s opt-out program located here. Users may also choose to opt-out of interest-based advertising on their mobile devices. For more information, please click here.

Please note that opting out of interest-based advertising does not mean a user will no longer see advertising online. Rather, it means that the company or companies from which the user opts-out will no longer show ads that have been tailored to their interests.

OPTING-OUT FROM MARKETING

Users may opt-out from receiving future contact from us via the following ways:

  • Email Opt-Out. To opt-out from email marketing and to remove your anonymized data from programmatic advertising enabled by contacting customer service, click the “Unsubscribe” link on the bottom of every page True North Website page or click here.
  • SMS/Text Messaging Opt-Out. To revoke consent for, or opt-out from, SMS/text messaging, reply STOP to text/SMS messages received or contact customer service here.
  • Push Notification Opt-Out. To opt-out of browser-based push notifications, disable the notifications at the time you receive the notification or disable notifications through your browser’s settings.
  • Targeted Advertising Opt-Out. Although adflow Services does not use Cookies, you may opt-out of Cookies, interest-based advertising and/or third-party analytics for other True North Services by referencing the section above on Cookies, Interest-Based Advertising, and Third-Party Analytics. California consumers may also reference the Rights of California Consumers section on how to set their global privacy controls.

ACCESSING, CORRECTING, AND DELETING YOUR INFORMATION

Because we do not sell or share users’ Information to third parties for a commercial purpose, we have not provided a “Do Not Sell My Personal Info” link on the Website page. However, users may exercise their other relevant privacy rights via our “Exercise My Privacy Rights” link.

Users who provide Information to us may contact us here to correct their Information, request their Information be deleted, and/or access what Information we have collected, processed, and shared/sold. We will respond to user requests within forty-five (45) days. If you request deletion of your Information, please note that your Information will be suppressed from further use as described in this Policy. However, please remember that if we have already shared your Information with our third-party Marketing Partners, you will need to contact those Marketing Partners individually to have them suppress or delete your Information. Note that we may retain and use your Information as necessary to comply with our policies including legal obligations, dispute resolution, and enforcement of our agreements.

When you make a request regarding accessing, correcting, or deleting your Information, we will ask individual users to identify themselves and the Information requested to be accessed, corrected, or deleted before processing such requests. To the extent permitted by applicable law, we may decline to process requests that we are unable to verify, are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning Information residing on archive servers).

Please refer to the U.S. State Law Rights and Disclosures section of this Privacy Policy for additional information on privacy rights for consumers in certain states.

THIRD-PARTY SITES

Adflow Services contains links to other sites or services. When you link from adflow Services to a third-party site, you are leaving the True North Service and are subject to the privacy policies and terms and conditions of those sites – NOT this Privacy Policy. We are not responsible for the privacy practices, content, or security of such third-party sites.

SECURITY OF YOUR INFORMATION

We use commercially reasonable efforts to prevent unauthorized access, disclosure, or accidental loss or destruction of your Information. Access to your Information is strictly limited and we take reasonable measures to ensure that your Information is not accessible to the public. We restrict access to users’ Information to only those persons who need access to perform or provide their job or service, both internally and with our third-party service providers. Information is encrypted with advanced TLS (Transport Layer Security) when collected, stored, and/or transmitted. Information we control is managed from our offices in New York, NY.

While we have endeavored to create a secure and reliable Website for users, we are not able to fully eliminate security risks associated with Information. Given the nature of the Internet, your Information passes through entities that we are unable to control. Therefore, we cannot guarantee that our security measures or those of third parties who access or transmit your Information will prevent your Information from being improperly accessed, stolen, or altered. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies if we learn of an information security breach of your Information. You will be notified via email in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

U.S. STATE LAW RIGHTS AND DISCLOSURES

Some U.S. states have enacted laws that provide statutory rights to consumers in their state. The information below describes those rights and how you can exercise them.

NOTICE AT COLLECTION

This Policy provides timely notice to users, including those who are California residents and fall within the definition of “consumers” as provided for in the California Consumer Privacy Act (“CCPA”), that we collect Information at or before collection.

We do not sell Information, nor do we share Information with our Marketing Partners. We may collect the following categories of Information from you and share them with our Related Parties for commercial and business purposes and our service providers for business purposes:

  • Identifiers and related personal information (such as real name, alias, postal, email and/or IP address, telephone number, birth date, and gender);
  • Commercial information (including preferences, products or services purchased, obtained, or considered, or other purchasing data);
  • Internet or similar network activity (such as browsing and search history and information about a consumer’s interaction with a website, application, or advertisement) and information made available via Internet activity (such as device types, user agent data, referring URLs, and IP addresses); and
  • Inferences drawn from other categories of Information (for example, a profile reflecting a person’s preferences, characteristics, psychological trends, and attitudes).

We may collect these categories of Information for the following purposes: to provide you with ads about products or services we believe you may be interested in and, with your consent, to communicate with you; to maintain suppression or opt-out lists so that we won’t contact users who have asked not to be contacted; to augment Information by enhancing it with other data sources provided by Related Parties and service providers to enable us, for example, to gain deeper insights into our users; to provide to our service providers in order to assist us in business operations; for Website operations, content improvements, testing, research, analysis, and product development; to carry out our obligations and enforce our rights arising from any contracts entered into between users and us; to detect, investigate, and respond to any fraudulent or malicious activity or any other activity we determine is or may be a violation of our Privacy Policy, or existing laws, rules, and regulations; as necessary and appropriate, to protect the rights, property, and/or safety of us, our Marketing Partners, our service providers, and any other third party with whom we have a contractual relationship for commercial or business purposes; and to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, or when we determine it is necessary to comply with applicable laws and/or regulations. We will retain your Information unless you exercise your data privacy rights for so long as we need to protect us from claims related to your interactions with us and provided you do not ask for your Information to be deleted. We do not knowingly sell or share Information of users under the age of sixteen (16) years of age.

Please see the Rights of California Consumers section immediately below to learn about California consumer privacy rights and how to exercise those rights. This includes the statutory right of consumers to know the Information that a company has collected and sold/shared, the right to opt-out from the sale or sharing of Information (which adflow Services does not do), and the right to correct or delete your Information.

RIGHTS OF CALIFORNIA CONSUMERS

California consumers have rights under the CCPA regarding their Information. These rights are:

  • Right to Know. The right to know what Information we have collected, including the categories of Information, the source of collection, our purpose for collecting the Information, the categories of third parties with whom we disclose, share, or sell that Information and for what reason, and the specific pieces of Information we have collected about you.
  • Right to Delete. The right to request that we delete the Information about you that we have collected. Note that there are certain exceptions to this right, including when the Information is necessary to provide you with goods or services you requested, to prevent fraud, and to comply with our legal obligations.
  • Right to Correct. The right to request that we correct inaccurate Information that we maintain about you.
  • Right to Opt-Out of Sale/Sharing. The right to limit or opt-out from the sale or sharing of Information. Because we do not sell users’ Information to third parties, we have not provided a “Do Not Sell My Personal Info” link on the Website page. However, users may exercise their other relevant privacy rights via our “Exercise My Privacy Rights” link.
  • Right to Opt-Out of Sale/Sharing of Sensitive Information. The right to limit or opt out from the sale or sharing of sensitive Information, as defined under the CCPA. Because we do not sell users’ Information to third parties, we have not provided a “Do Not Sell My Personal Info” link on the Website page. However, users may exercise their other relevant privacy rights via our “Exercise My Privacy Rights” link.
  • Right to Non-Discrimination. The right not to receive discriminatory treatment for exercising your privacy rights.

How to Exercise Your Rights

You may exercise your statutory privacy rights by clicking on the “Exercise My Privacy Rights” link of any True North Website or sending an email to help@myprivacyrequest.com.

Verification Process. We require a verification process for requests to access, correct, or delete Information in order to prevent an unauthorized third-party from accessing or making decisions regarding a user’s Information. Generally, we will verify a request by matching the identifying information supplied by the user with the Information we already have for the user. If we cannot verify the user using the foregoing method, we may request additional information, such as a government-issued identification card, which we will not retain or use for any other purpose.

Use of an Authorized Agent. California consumers may also designate an authorized agent to make these requests on their behalf. You must provide written authorization to the authorized agent that they are authorized to act on your behalf. When contacting us, the agent must submit proof of that authorization. If you use an authorized agent to submit a request, we may need to collect additional information, such as a government issued identification card, to verify your identity before processing your request to protect your Information.

Timing. We will confirm receipt of your request within ten (10) business days. For all verifiable consumer requests, we strive to respond within forty-five (45) days of receipt. If we require additional time, which can be up to ninety (90) days in the aggregate, we will provide written notice. Any disclosures we provide will be delivered electronically in a secure fashion. If, for some reason, we cannot fulfill or comply with your request, our response will explain that decision.

How We Handle Deletion Requests After Verification. Once we receive and confirm your request to delete, we will delete or de-identify (and direct our service providers, vendors, and other applicable third parties to delete) your Information from our system other than from our archive servers (which we maintain for compliance purposes), unless there is an applicable exception. If we do not comply with a deletion request, we will provide you with grounds for the denial in writing. Note that after a deletion request, we may retain and use your Information for the limited purpose of complying with our policies, including this Policy, and to comply with applicable laws.

Disclosure of Information Collected and Sold. Once we receive and confirm your verifiable consumer request to access your Information, we will disclose to you the following:

  • The categories and sources of Information collected;
  • Our business and commercial purposes for collecting that Information;
  • The categories of third parties with whom we shared that Information;
  • The specific pieces of Information collected;
  • We do not sell or share your Information with Marketing Partners for commercial purposes, but if we have shared it for any other purpose, we will disclose the categories of third parties with whom it was shared.

Notice of Right to Opt-Out of the Sale or Sharing of Your Information  

California consumers have the statutory right to opt-out of the sale or sharing of their Information, including the sale or sharing of any Sensitive Information. adflow Services does not sell or share your Information with Marketing Partners. However, if you wish to opt-out of any other True North Website, you may visit that True North Website and click on the “Exercise My Privacy Rights” link on each Website page where we collect Information that links to an online request form. You can also send an email to help@myprivacyrequest.com and elect to opt-out from the sale of your Information.

Notice of Right to Limit Sensitive Personal Information 

Under the CCPA, “Sensitive Personal Information” includes non-public information that reveals a consumer’s social security, driver’s license, state identification card, or passport number, a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership, Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation, and biometric data. As noted in the Categories of Information We Collect section above, we do collect, use, share, and sell Information defined as Sensitive Personal Information under the CCPA. We do not collect Sensitive Personal Information, as defined under the CCPA.

Global Privacy Controls

Certain browsers allow users to enable an opt-out preference signal in their browser settings (a “Global Privacy Control”). When a Global Privacy Control is enabled, it signals websites that the user visits that the user is automatically exercising their right to opt-out of the sale or sharing of their Information without the need, for example, of clicking on a “Do Not Sell My Information” link. Via our service provider, we have enabled acceptance of California users’ Global Privacy Control for all our True North Services.

Commitment to Nondiscrimination. We are committed to not discriminating against California consumers who exercise their CCPA rights. As such, unless otherwise permitted by the CCPA, we will not deny, charge you different prices or rates, or provide a different quality level of goods or services, including through granting discounts or other benefits, or imposing penalties, and/or suggest that you may receive a different price, rate, or quality level of goods or services. While we do not provide financial incentives for users who do not exercise their CCPA rights, please note that some of the functionality of the Website may be unavailable if consumers exercise their right to have their Information deleted.

 

CCPA Metrics. We are required to compile certain annual metrics regarding the CCPA, including the number of disclosure, deletion and opt-out requests we receive, the median number of days it takes us to respond, and how many of each were denied. The metrics for the last calendar year are displayed here. Please note that the information outlined is compiled from various entities, which include our parent, subsidiaries, and other entities under common control with us.

 

RIGHTS OF VIRGINIA, COLORADO, CONNECTICUT, AND UTAH CONSUMERS 

 

Virginia, Colorado, Connecticut, and Utah consumers have rights under the VCDPA, CPA, CTDPA, and UCPA, respectively, regarding their Information. These rights are:

  • Right to Know. The right to know whether we are processing your Information.
  • Right to Access. The right to access your Information we have processed.
  • Right to Delete. The right to request that we delete the Information about you that we have collected.
  • Right to Correct. The right to request that we correct inaccurate Information that we maintain about you (Virginia, Colorado, and Connecticut).
  • The Right to Data Portability. The right to obtain a copy of your Information in a portable format.
  • Right to Opt-Out. The right to opt-out of targeted advertising, the sale of Information, and/or any automated processing performed on Information that evaluates, analyzes, or predicts personal aspects of the user (“profiling”). Note that adflow Services does not sell or share your Information for commercial purposes.

How to Exercise Your Rights

To exercise your VCDPA rights, visit any True North Website and click on the “Exercise My Privacy Rights” link on the bottom of the Website page where we collect Information, or send an email to help@myprivacyrequest.com. Please inform us of what right you wish to exercise.

Timing. If we have not taken action or deny your request to know, access, correct, delete or opt-out, Virginia consumers may appeal the decision within ninety (90) days by writing to us at help@myprivacyrequest.com. Within sixty (60) days of receipt of this written appeal, we will inform you in writing of any actions taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

De-identified Data Disclosure. We may use de-identified data in some instances (data that cannot be linked to any identifiable natural person or any device linked to any such person). We maintain de-identified data without attempting to re-identify it, and any de-identified data that is sold or shared is not able to be re-identified.

Commitment to Nondiscrimination. We are committed to not discriminating against consumers who exercise their privacy rights. As such, unless otherwise permitted by applicable law, we will not deny, charge you different prices or rates, or provide a different quality level of goods or services, including through granting discounts or other benefits, or imposing penalties, and/or suggest that you may receive a different price, rate, or quality level of goods or services. While we do not discriminate against users who exercise their rights, please note that some of the functionality of the Website may be unavailable if consumers exercise their right to have their Information deleted.

OTHER STATE SPECIFIC PRIVACY RIGHTS

Other U.S states grant their residents privacy rights, including, for example, in Nevada, where you have the right to opt-out of the sale of Information. To exercise your privacy rights, please submit your request by clicking on the link “Exercise My Privacy Rights” or send an email to help@myprivacyrequest.com. In your request, please specify that you want to exercise your rights and specify the Website that you visited and the email address you registered with. We may contact you to ask you for further information to help you exercise your rights. We will try to respond to requests within one month and we will let you know if we need to take longer, for example, because your request is complicated.

QUESTIONS, SUGGESTIONS, OR TO CONTACT US

If you have any questions, comments, complaints, or suggestions regarding this Policy or the Website, please contact us at legal@fluentco.com.