privacy statement

Last updated: 22 Aug 2023

This privacy policy applies to Affinity Global Inc. and its AI driven platform named mCanvas’ (collectively, “mCanvas,” or “we”, “us”, “our”).

This Privacy Policy describes how mCanvas collects, uses and discloses information, and what choices you have with respect to the information.

Please read this Privacy Notice carefully. By visiting our website or using any of our services, you indicate your acceptance of our use of your personal data as set out in this Privacy Notice.

Services

mCanvas is involved in creating impactful mobile advertising experiences as well as distributing these mobile ads through high-impact display and video formats across premium mobile apps and websites to deliver branding outcomes. We make creatives, bundle the media and package it as programmatic guaranteed (PG) deal on various platforms.

It is our policy to respect your privacy regarding any information we may collect while using our services and websites, collectively called the Services.

Domains and Websites covered under this Policy

For the purposes of this Policy, the term, “Websites”, shall refer collectively to www.mcanvas.com as well as the other websites that the Affinity Group operates and that link to this Policy.

When do we collect Information?

We may collect personal data about you in several circumstances:

Information collected automatically: In certain cases, we automatically collect personal data when you use our website/services. This data is recorded in log files or other such files. Examples of such data include IP addresses.

Ad interaction data

We collect this data automatically from you when you interact with ads generated using the mCanvas Services. we may collect information on behalf of mCanvas’s customers which may be the advertiser, publisher, advertising agency, and/or their agents. We may also receive some of this data from third-parties:

• IP Address,
• Cookies
• User Agent - It includes:
  • Device type, OEM Manufacturer / brand
  • Operating system
  • Size of the device
  • Browser and language used
• Mobile advertising identifiers such as Google AAID or Apple IDFA
• Time spent viewing an ad, page views, video views, number of ads clicked
  • Additionally, if you affirmatively elect to engage / interact through our Mobile ads or text field forms, we may collect information such as your video, audio, voice and images, location based on requirement of ad specified by the brand.
• Data shared by publishers based on user’s consent taken by the publisher.

Log Data

Our servers automatically collect information when you access or use our applications and services. This data is recorded in log files. Examples of such data include IP Address

Information provided by you: We collect personal data when you use our website/services or provide the personal data directly to us. For creation of user accounts, you provide your name, email address, password, telephone number and correspondence address. You also provide billing details for invoicing purposes.

• Account creation Data - Data that is necessary to create user accounts for publishers and brands. For creation of user accounts, you provide your name, email address, password, telephone number and correspondence address. You also provide billing details for invoicing purposes.
• Contact Us Data - When you enquire about our products and services, we collect and store this data to communicate with you and respond to your enquiry.

Information from other sources - Apart from data that you provide us directly, we also may collect information about you from publicly available sources and third-party sources.

Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, as well as to provide information about your actions to the owners of the website.

• mCanvas Ad Serving platform and mCanvas dashboard does collect cookies as listed in the Cookie Policy.
• mCanvas website uses cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

We collect data through cookies:

mCanvas uses cookies to identify and track visitors, their usage of website, and their website access preferences. mCanvas website visitors can control cookies through Cookies Settings

The categories of cookies used are:

• Strictly necessary cookies - These cookies are needed to run our website, keep it secure, and comply with regulations that apply to us.
• Performance cookies – We may use performance/analytics cookies on our website. These cookies collect information about how visitors use our website and services, including which pages visitors go to most often and if they receive error messages from certain pages. It is used to improve how our website functions and performs
• Targeting Cookies – We may use cookies storage required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.

mCanvas website visitors can control cookies through:

For more details about how we use these technologies, please see our Cookie Policy

How We Use Your Data

How we use your personal data will depend on which Services you use and how you use those Services.

We may use the information we collect to:

• deliver or enable our advertising partners to deliver personalized messages that match your interests, including interest-based advertisements;
• generate and analyze reports and statistics about the performance of advertising campaigns, and improve performance over time, for our business partners and for our own use;
• fulfill the purposes described to you at the point of collection or in accordance with your consent.
• Brands may provide tracker to collect user behaviour / engagement data. Such trackers will be implemented through Affinity code based on agreement with Brands.

We may combine or aggregate any of the information we collect through our Services for any of these purposes.

In addition, we may use information that we collect when we believe in good faith that disclosure is necessary (a) to protect our rights, the integrity of our Services, or your safety or the safety of others, or (b) to detect, prevent, or respond to fraud, intellectual property infringement, violations of Terms of Use related to the Service, or violations of law. For EU area users, our legal basis for use of information under these circumstances is the legitimate interest of mCanvas or our business partners. Such use is compatible with your legal rights, as no additional personal information is processed, and there is no effect on your web or app experience, or other intrusive processing.

Lawful basis for processing

We process your personal data only when we have a lawful basis.

Presently, we use the following:

• Consent – We process your data if you have given your consent freely for the same. Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time. Please contact us using the details in the ‘Contact us’ section of this notice.
• Performance of contract – We process your data when it’s necessary for the performance of the contract. For example, if the processing is necessary to fulfil our commitments under the applicable terms of service.
• Legal Obligation – We process your data if the use of your information is necessary for compliance with legal obligations.
• Legitimate Interest – We may also process your data on the grounds of legitimate interest for a particular processing activity. For example, to safeguard our services, to understand our user preferences etc. Where you have consented to a particular processing, you have a right to withdraw the consent at any time.

Our publishers are responsible for obtaining and managing consent as per IAB TCF requirements.

For interactive Ads, user’s consent for any interaction is stored on user’s device. It is not controlled by mCanvas platform.

Users under 16 years of age

The Sites and Services do not knowingly collect personal information from users under the age of 16

If you are under the age of 16, you are not permitted to use the Sites and Services or to disclose Personal Information. If we learn we have collected or received Personal Information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

Data Retention Policy

1. Your data is not stored by us after the same has been used for purposes mentioned in this privacy policy. Some data may be required for future processing and the same is stored in anonymized format. Such data is not relatable back to you once it is anonymised.
2. Ad Interaction Data: We will retain raw information collected in the context of our platform for a period of up to 3 months, unless otherwise required by law or applicable contract.

We may retain the information it obtains about you as per the instructions of its customers or partners who provide such information or as required to fulfil our contractual obligations

After the applicable retention period, we may only retain and use your data:

• in an aggregated or anonymized format;
• to comply with our legal obligations;
• to resolve disputes and enforce agreements.

Please note that the use cases stated in this provision will apply as an exception to your data subject or consumer rights related requests.

Other Data

mCanvas may retain other information pertaining to you for as long as necessary for the purposes described in this Privacy Policy.

Your Rights

Data Subjects have certain rights in respect of their personal data. The rights given with respect to your personal data include:

• The Right of Access: You have the right to access personal data and supplementary information. You can ask us for a copy of your personal information.
• The Right to Rectification: You can ask us to change, update or fix your data in certain cases, particularly if it is inaccurate.
• The Right to Erasure: You can ask us to erase or delete all or some of your personal information (e.g., if it is no longer necessary to provide Services to you) without undue delay.
• The Right to Restriction of Processing: You can ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if you think your personal information is inaccurate or unlawfully held).
• The Right to Data Portability: You have the right to data portability which provides the right to receive your personal data in a structured, commonly used and machine-readable format, and have the right to transmit the same to another controller.
• The Right to Object: You have the right to object to the processing of personal data.
• Automated individual decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you (data subject).
• The right to withdraw consent: You have the right to withdraw your consent at any time with effect for the future. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
• The right to lodge a complaint: You have the right to lodge a complaint with the supervisory authority if you are dissatisfied with the way we handle or process your personal data.

Whenever you use our services, we aim to provide you with easy means to access, modify, delete, object to or restrict the use of your personal information.

We strive to give you ways to access, update/modify your data quickly, or delete it unless we have to keep that information for legal purposes. These rights can be exercised by contacting us using the details set out in the "Contact Information" section below.

Website user’s rights

We provide same rights to the users of our services. We receive requests related to Website user’s rights from customers.

Account Closure

We keep some personal data even after account closure. Once you choose to close your account, we generally delete your personal information within 3 years of closure of your account. Some information that is necessary for statutory obligations such as records of payment processing, invoicing data will be retained as necessary.

Your information shared with others

Recipients of your data

• Service Providers: mCanvas may share your data with our third- party service providers. The categories of service providers to whom we entrust personal information include: IT and related services such as cloud-based data centres, API providers, analytics service providers; service providers for fraud detection; CRM and email marketing services.
• Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
• Disclosures in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

Cross-Border Data Transfers

Your data will be stored and processed in multiple countries including outside of the European Union (EU) Region. These countries may not have the same standard of data protection laws as your own country. These international transfers of your personal information are made pursuant to the appropriate safeguards.

Since we are an international company, your data will be processed outside of the EU region. Your data will be processed within Third Party Data Centres in Europe and India as well as Affinity data centre in USA. Some countries where we process data may not have as protective laws as your own country and there are risks associated with such transfer

mCanvas offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our publishers and advertisers that operate in the European Union, and other international transfers of data. These clauses are contractual commitments between parties transferring personal data (for example, between mCanvas and its Clients, suppliers or data processors outside the EU), binding them to protect the privacy and security of the data.

Links to other sites:

Our website may contain links to the websites of other organizations. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. This Privacy Policy does not cover how those organizations process your personal information. We encourage you to read the Privacy Policies on the other websites you visit.

Security Measures to Protect your Data

Security Measures

We implement security controls to prevent breaches and unauthorised access to your data.

We maintain reasonable and appropriate security measures to protect Website user’s data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Examples of security measures include physical access control, role-based access to data, monitoring for threats and vulnerabilities etc.

Protection of personal information

Our Sites and Services uses commercial efforts to maintain safeguards for protection of your Personal Information.

mCanvas takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Contact Information

You can contact us about this privacy policy or use of our services.

If you have questions or complaints regarding this Policy, you may contact us through email at compliance@affinity.com. You may contact us at our mailing address below

20 N. Wacker Drive, 12th Floor,
Chicago, IL 60606

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are aware of how and why we are using such information.

If you are a resident of the European Economic Area and we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you have additional rights. If you are not satisfied with the resolution, you can also lodge a complaint with the Supervisory Authority in the country of your residence.

Privacy policy change

mCanvas may change this Privacy Policy from time to time, at our sole discretion.

mCanvas encourages visitors and customers to frequently check this page for any changes to its Privacy Policy. We will notify you of material changes in advance by email or by notice when you log in to the Sites and Services or both. You confirm that your continued use of our services after any change in this Privacy Policy will constitute your acceptance of such changes and agree to be subject to the revised privacy policy.

ANNEXURE:

Jurisdiction-specific provision:

California Privacy Rights Act (CPRA)

This CPRA Privacy Policy describes mCanvas practices regarding the collection, use, and disclosure of the personal information of California residents, describes the rights of California residents under the California Privacy Rights Act (“CPRA”), and explains how California residents may contact mCanvas to exercise those rights. This CPRA Privacy Policy only applies to the personal information of California resident.

CPRA Categories of Personal Data

No Sale of Personal Data:

mCanvas has not sold Personal Data in the preceding twelve (12) months.

Right To Opt-Out Of The Sale Of Personal Data:

mCanvas does not sell your personal data.

If in case, mCanvas ever changes its policy and choose to sell Personal Data, you would have the right to opt-out of the sale of your Personal Data by clicking on the Cookies Settings link.

Sensitive data:

We do not generally seek to collect sensitive data through this site or otherwise. In the limited cases where we do seek to collect such data, we will do this in accordance with California Privacy Rights Act("CPRA") requirements. If in case, mCanvas ever chooses to use Sensitive Personal Data, you would have the right to limit the use of your sensitive personal Data.

The term "sensitive data" refers to the various categories of personal data identified by CPRA as requiring special treatment, including in some circumstances the need to obtain explicit consent from you. These categories include racial or ethnic origin, political opinions, religious, philosophical, or other similar beliefs, membership of a trade union, physical or mental health, biometric or genetic data, sexual life or orientation, or criminal convictions and offences (including information about suspected criminal activities).

Disclosures of Personal Data for a Business Purpose:

In the preceding twelve (12) months, mCanvas has not disclosed Personal Data for business purposes.

Your Rights:

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA rights and explains how to exercise those rights.

Access to Specific InformationYou have the right to request that Affinity disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

• You have the right to request Affinity delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

• Right to Correct Inaccurate Personal Information
• You have a right to request for correction of Inaccurate personal information. We shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer.
• Right to Know What Personal Information is Sold or Shared and to WhomYou have a right to request us information about what personal information is sold or shared by us and with whom. Once request received, we shall disclose the following:
  • The category or categories of consumers’ personal information it has sold or shared, or if we have not sold or shared consumers’ personal information, it shall disclose that fact.
  • The category or categories of consumers’ personal information it has disclosed for a business purpose, or if we have not disclosed consumers’ personal information for a business purpose, it shall disclose that fact.
• Right to Opt Out of Sale or Sharing of Personal Information
• You have a right to opt out of sale or sharing of personal information if we sell or share such personal information. We shall prohibit from selling or sharing the consumer’s personal information after its receipt of the consumer’s direction, unless the consumer subsequently provides consent, for the sale or sharing of the consumer’s personal information.
• Right to Limit Use and Disclosure of Sensitive Personal Information
• You have a right to request us to limit Use and Disclosure of Sensitive Personal Information. Upon such request we shall prohibit, from using or disclosing the consumer’s sensitive personal information for any other purpose after its receipt of the consumer’s direction unless the consumer subsequently provides consent for the use or disclosure of the consumer’s sensitive personal information for additional purposes.
• Right of No Retaliation Following Opt Out or Exercise of Other Rights – Non-DiscriminationWe will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
• You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
• Response Timing and Format
• We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
• Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
• We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

CONTACT FOR MORE INFORMATION

If you have any questions or concerns about mCanvas’s privacy policy and practices, please contact us by email at compliance@affinity.com , or by mail at:

20 N. Wacker Drive, 12th Floor,
Chicago, IL 60606

Privacy policy change

We will review and update this CPRA Privacy Policy periodically and will note the date of its most recent revision at the top of this CPRA Privacy Policy. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you about such changes prior to such changes taking effect, if required by applicable data protection laws. We encourage you to review this Policy frequently to be informed of how mCanvas is protecting your information.