BEACHFRONT MEDIA, LLC PRIVACY RIGHTS NOTICE

 

Beachfront Media, LLC (“BFM” or “we”) respects your privacy and wants to honor your requests about how we handle your personal information.  

 

This Privacy Rights Notice consists of (1) a notice for California residents and (2) a notice for individuals located in the European Union. 

 

This Privacy Rights Notice supplements our Privacy Policies, which are:

  • our Platform Privacy Policy, which applies to our proprietary technology platform (Platform) that helps our clients buy, sell and deliver online advertising (collectively, the “Services”); and  
  • our Website Privacy Policy, which applies to https://www.beachfront.com (Website). 

 

If this Privacy Rights Notice and any provision in either of the Privacy Policies conflict, then this Privacy Rights Notice controls.  

 

IF YOU ARE LOCATED IN A JURISDICTION WITH DATA PROTECTION LAWS THAT YOU BELIEVE OFFER YOU PRIVACY RIGHTS NOT DESCRIBED IN THIS PRIVACY RIGHTS NOTICE, PLEASE CONTACT US AT ccpa@beachfront.com or gdpr@beachfront.com.

 

California Privacy Rights Notice

 

This California Privacy Rights Notice (“California Privacy Notice”) applies to BFM’s processing of personal information (as defined below) of residents of the State of California as required by the California Consumer Privacy Act of 2018 (“CCPA”).  If you are a California Consumer (as defined below), this California Privacy Notice explains your privacy rights, how and why we collect and process your personal information and how you can exercise your privacy rights.  

 

Important Definitions for this California Privacy Notice

  • Under the CCPA, California residents are called “consumers” and we refer to them in this California Privacy Notice as “California Consumers.”  
  • The term “business” in the CCPA means the person or entity that collects (or has collected) personal information and determines how and why that personal information is used.  A business also operates in California and meets specified thresholds related to revenue or personal information.   
    • BFM’s customers (i.e., publishers and advertisers) are businesses as to BFM. 
  • Under the CCPA “personal information” means information that identifies, relates to, describes or could reasonably be linked, directly or indirectly, with a particular California Consumer, household or device.
  • The term “service provider” in the CCPA means the person or entity that receives personal information from a business and can only use that personal information to perform services for the business or to build and improve its products and services, detect and protect against data security incidents and other limited purposes.   
    • BFM generally acts as a service provider when BFM receives personal information from or on behalf of its customers to perform the Services.

This California Privacy Rights Notice (“California Privacy Notice”) applies to BFM’s processing of personal information (as defined below) of residents of the State of California as required by the California Consumer Privacy Act of 2018 (“CCPA”).  If you are a California Consumer (as defined below), this California Privacy Notice explains your privacy rights, how and why we collect and process your personal information and how you can exercise your privacy rights.  

 

Important Definitions for this California Privacy Notice

  • Under the CCPA, California residents are called “consumers” and we refer to them in this California Privacy Notice as “California Consumers.”  
  • The term “business” in the CCPA means the person or entity that collects (or has collected) personal information and determines how and why that personal information is used.  A business also operates in California and meets specified thresholds related to revenue or personal information.   
    • BFM’s customers (i.e., publishers and advertisers) are businesses as to BFM. 
  • Under the CCPA “personal information” means information that identifies, relates to, describes or could reasonably be linked, directly or indirectly, with a particular California Consumer, household or device.
  • The term “service provider” in the CCPA means the person or entity that receives personal information from a business and can only use that personal information to perform services for the business or to build and improve its products and services, detect and protect against data security incidents and other limited purposes.   
    • BFM generally acts as a service provider when BFM receives personal information from or on behalf of its customers to perform the Services.

Your California Consumer Privacy Rights

If you are a California Consumer, you have these privacy rights with respect to your personal information:

  • You have the right to know the categories of personal information directly or indirectly collected from you in the past year, the purpose for collecting your personal information and how your personal information is used.  
    • The personal information that BFM collects and why BFM collects it is set forth in the table below. 
  • You have the right to know whether your personal information was disclosed for a business purpose and to whom or what entity the personal information was disclosed.
  • You have the right to request deletion of certain personal information collected from you.
  • You have the right to opt out of sale of your personal information when a business sells your personal information.  
    • Generally, BFM acts as a service provider for its customers and contractually agrees not to sell personal information collected while acting as a service provider.  BFM acts as a business when it collects personal information from its customers or prospective customers through the Website but BFM does not sell personal information collected through the Website.  Sharing your personal information with our service providers is not a sale of your personal information because we make sure that our service providers are contractually obligated to use the personal information only to provide services to us and not to sell it.  
  • You have the right to equal treatment after you exercise any of these rights.  That is, BFM cannot treat you differently for exercising any of these rights unless we demonstrate that the value of the personal information that you provide to us is reasonably related to the difference in price or service that we offer.

Personal Information Collected from California Consumers

The following table lists categories of personal information that generally match the categories in the definition of personal information in the CCPA.  We indicate for each listed category the specific types of personal information in the category that we have collected from California Consumers within the past 12 months and why we collect it.  

 

In general, we receive information, including personal information, from our publisher and advertiser customers that use our Services.  

 

CCPA Category of Personal Information 

Personal Information in CCPA Category that BFM Collected from California Consumers in Past 12 Months 

Why BFM collects this Personal Information

A. Identifiers

Depending on how you use our Services or Website, we collect name, alias, business postal address, unique personal identifier, unique online identifiers, Internet Protocol address, cookie ID, advertising ID, computer and mobile device identifiers, and RFID numbers. 




If you visit the websites of one of our publisher customers or the advertisements of one of our advertiser customers, we collect browsing history, including IP address, cookie ID, advertising ID, computer and mobile device ID and RFID numbers, as part of making our Services available for our customers.  This information enables our customers and us to understand more about you so that our customers can display digital advertisements that they believe will interest you.  We also use this information for fraud detection and prevention purposes on behalf of our customers.


If you are a representative of a customer (i.e., publishers and advertisers) or prospective customer, we collect personal information:

  • To create an account for you to use the Services or complete a transaction with you.
  • To respond to requests and send you information and updates about our Services that we think will interest you. 
  • To obtain your feedback regarding our Services so that we can improve our features and develop new ones. 
  • To monitor and enforce compliance with the terms and conditions that apply to our Services or with a customer contract.
  • For customer support for our Services and to troubleshoot problems.
  • If you otherwise choose to give it to us. 

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Depending on how you use our Services or Website, we may collect name, signature, business address and business telephone number from representatives of customers and prospective customers. We do not collect social security numbers or physical characteristics or descriptions.  

If you are a representative of a customer or prospective customer, we collect some of this personal information for the reasons described in Row A above.  

C. Protected classification characteristics under California or federal law

We do not collect protected classification characteristics, such as race, citizenship, sex, gender, gender identity or gender expression. 

N/A

D. Commercial information

Records of purchases of our products and services.

If you are a representative of a customer, we collect information associated with our engagement, such as business address and email address, so that we can communicate with you and provide our Services.

E. Biometric information

BFM does not collect an individual’s physiological, biological, or behavioral characteristics that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template can be extracted.

N/A

F. Internet or other similar network activity

Browsing history, search history, information about a California Consumer’s interaction with a website, application or advertisement.

If you visit the websites of one of our publisher customers or the advertisements of one of our advertiser customers, we automatically collect information about your browsing history, including IP address, cookie ID, advertising ID, computer and mobile device ID, browser and operating system information, internet service provider, web pages that you visit, the time and date, and whether or not you clicked on various advertisements.  We collect this information as part of making our Services available to our publisher and advertiser customers.  This information enables our customers and us to understand more about you so that our customers can display digital advertisements that they believe will interest you.  We also use this information for fraud detection and prevention purposes on behalf of our customers.


We also automatically collect information about your interactions when you use our Website, such as your IP address, browser and operating system information, web pages that you visit and the time and date of your visit. 

G. Geolocation data

Latitude/longitude coordinates and general physical location or movements from IP address and Wi-Fi access. 

If you visit the websites of one of our publisher customers or the advertisements of one of our advertiser customers, we collect this information as part of making our Services available to our publisher customers and advertiser customers.  This information enables our customers and us to understand more about you so that our customers can display digital advertisements that they believe will interest you.


As you use our Website, we may determine general physical location or movements from IP address and Wi-Fi access (when your device’s operating system settings allow collection).  

H. Audio, electronic, visual, thermal, olfactory or similar information.

We do not collect any audio, electronic, thermal, olfactory or similar information.

N/A

I. Professional or employment-related information

Current and prior employers, education and professional qualifications.

We collect this professional or employment-related information if you apply for a job with us or if you otherwise choose to give it to us.  If you submit your information to ZipRecruiter or a similar job listing service in response to our job posting, please note that the privacy policy of the job listing service applies unless/until we receive information from them pursuant to our contract.

J. Non-public education information per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)(“FERPA”))

We do not collect information that is not publicly available personally identifiable information, as defined in FERPA.

N/A

K. Inferences drawn from other categories (A – J above) to create a profile about a consumer

Profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

We collect information about your browsing history, including IP address, web pages that you visit, the time and date, and whether or not you clicked on various advertisements when you visit the website of one of our customers.  We use this information to analyze your actual or likely preferences through the personal information we collect and process as described above and in our Privacy Policies.

 

Since we share personal information collected through the Services for commercial purposes and this sharing enables BFM to generate valuable consideration, some of these categories of personal information could be deemed as “sold” in the past twelve months. 

 

HOW TO SUBMIT A REQUEST TO EXERCISE YOUR CALIFORNIA PRIVACY RIGHTS

To submit a request to exercise your privacy rights:

  1. Send an email to ccpa@beachfront.com with the subject line “California Privacy Rights Request.”
  2. Fill out our Personal Information Request Form.

 

Please note: 

  • We may (and in some cases are required to) verify your identity before we can act on your request to exercise your privacy rights.  
  • When we collect personal information on behalf of a customer and use it solely for the benefit of that customer, we are acting as a service provider under the CCPA.  In this case, we will direct you to contact our customer.
  • We may not honor all or part of your request.  For example, certain information we collect may be exempt from this California Privacy Notice, such as public information made available by a government entity or information covered by another privacy law.  If we do not honor your request, we will explain why when we respond to you.

 

If you are a California resident, California’s Civil Code Section 1798.83 permits you to request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year.  If you would like to exercise your rights under this California law, please send a written request to the email address or postal address below.  Within 30 days of receiving your request, we will provide you with the relevant information.

 

Address: 

Beachfront Media, LLC

5 Bryant Park, 18th Floor

New York, NY 10018

 

Email: ccpa@beachfront.com with a subject line of “California Privacy”.

 

 

 

Privacy Rights Notice for Individuals Located In European Union

In this Privacy Rights Notice for Individuals Located in the European Union (“EU Notice”), “personal data” means any information about an identified or identifiable individual natural person.  

 

The data controller (i.e., the person or entity that determines the purpose and means of processing) for the personal data that BFM collects directly from or about you (and not on behalf of our customers) is:

 

Beachfront Media, LLC

5 Bryant Park, 18th Floor

New York, NY 10018

legal@beachfront.com

 

(When BFM collects personal data on behalf of a customer and uses it solely for the benefit of that customer, we are acting as a data processor.  In this case, we will direct you to contact our customer, which is the organization that is the data controller.)

 

When we are the data controller of personal data, we need to inform individuals in the European Union (“EU”) about the legal bases for our processing of their personal data.  Our legal bases depend on the context in which the personal data is collected and processed.  Generally, we only collect personal data when we need the personal data to perform a contract with an individual in the EU, when we have consent to do so or when the processing is in our legitimate business interests and not overridden by the privacy or other fundamental rights and freedoms of individuals in the EU.

 

When BFM is acting as a controller (e.g., when BFM collects personal data through the Website) and processes the personal data in reliance on our legitimate interests (or those of any third party), this interest is typically to provide our Website and communicate with you as necessary to provide our Services to you, such as when we respond to your queries, inform you about improvements to our Services and develop new ones and for our marketing activities.  We may have other legitimate interests and we will make clear our legitimate interests at the relevant time as necessary.

 

In some cases, we also may have a legal obligation to collect personal data from or about certain individuals.  If we ask you to provide personal data to comply with a legal obligation or to perform a contract with you, we will make this clear at the relevant time and advise you whether providing your personal data is mandatory and the possible consequences if you do not provide your personal data.

 

If you have questions about or need further information about the data controller of your personal data or the legal bases on which your personal data is processed, please contact us using the contact details provided below.

 

If you would like to review, correct, update, suppress, restrict or delete personal data that you have previously provided to us or if you would like to receive an electronic copy of your personal data for purposes of transmitting it to another organization (when this right to portability is provided to you by law), please submit your request to us by filling out our Personal Information Request Form, contacting us by email at gdpr@beachfront.com with the subject line of “EU Privacy” or contacting us by mail at: 

 

Beachfront Media, LLC

5 Bryant Park, 18th Floor

New York, NY 10018

 

In your request, please make clear the personal data to which your request relates.  For your protection, we may need to verify your identity before fulfilling your request. We will comply with your request as soon as reasonably practicable and within the time periods required by applicable law. We often need to retain certain personal data for recordkeeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion. We also may not allow you to review certain personal data for legal, security or other reasons. 

 

If you are an individual located in the EU, you have the right to lodge a complaint with a data protection authority about how we process your personal data.  Please see https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en for more information.  



PLEASE NOTE: BFM may not be in the position to identify you and information that relates to you.  For example, if you visit the websites of one of our publisher customers or the advertisements of one of our advertiser customers, BFM may not be able to determine which information processed through our Platform on behalf of customers relates to you because this information does not directly identify you.  When this is the case, we will notify you when we respond to your request.  

 

International Transfers of Personal Information

Our servers are located in the United States, which may be outside the jurisdiction where personal data is collected.  Also, some of the third-party service providers with which we may share personal data are located in and may transfer personal data to various jurisdictions.  These other jurisdictions may have data protection laws that are different from the laws of your place of residence (and, in some cases, not as protective).  

 

We use appropriate safeguards to ensure that your personal data is protected in accordance with this EU Notice and applicable law.  These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information with our customers based in the EU.