Nimbus Website and Advertising Services Privacy Policy

1. Introduction

Nimbus Advertising Solutions Inc. ("Nimbus," “we,” “us,” or similar terms) is a mobile advertising platform. This privacy policy describes how we collect, use, process, disclose, share, and store information in connection with our services (“Services”) and in connection with operating the adsbynimbus.com website (the “Website”). You should read this Privacy Policy carefully. In this policy, “user” or “you” means any person viewing the Website, using the Services or providing any personal information to Nimbus in connection with using the Services.

Please note that in providing services to publishers and other clients, we handle consumer personal information as a service provider or processor on behalf of those clients. Our processing of consumer personal information is governed by our contracts with our clients. We require our clients to post a privacy policy on any of their apps that rely on Nimbus technology.

2. How Nimbus Collects, Uses, and Shares Information

a. Information that Nimbus Collects on the Website for our Own Purposes

If you use the Website, we will collect the following information:

Although the information we collect will vary from client to client, in connection with Nimbus’s Services and Website, Nimbus has collected the below categories of information (“Personal Information”) from the below categories of sources in the past twelve months:

  • Business Contact Information that you may submit through the “Request a Demo” or “Request an Integration” form.
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  • Registration information, such as your username and password.
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  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 4G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

  • Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns. We use the following categories of cookies:
    • Essential: These cookies are necessary to allow the technical operation of our services (e.g., they enable you to move around on a website and to use its features).
    • Functional: These cookies are used to enhance the functionality and performance of the Services.
  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
b. Information that Nimbus Collects Through the Services on our Client’s Behalf

The types of information that our clients could process though the Services may include:

  • Personal identifiers or traits, from our clients and their app users, such as gender, age, or other personal traits.
  • Public IP addresses, from Nimbus’s clients, our marketing partners. A Public IP address is a unique number associated with each device that connects to the internet. When there are multiple devices that connect to the internet through a single computer network, the network displays a single Public IP address for all of the devices. In that situation, we collect the single Public IP address and do not collect the IP addresses for the individual devices.
  • Data about users’ behaviors on our clients’ apps, from our clients. Such data may include information about whether an app user performed certain actions on the app – for example, whether a user clicked certain links or visited certain pages.
  • User Agent information, (i.e., information about an app user’s browser, software, device, and operating system) from our clients, marketing partners, and users of this Website.
  • Mobile Advertising IDs, from our clients. Mobile Advertising IDs are identifying numbers assigned to an app user’s mobile device by the device’s operating system.
  • Unique user identifiers, from our clients. A user identifier is a unique string of numbers that may be assigned to a consumer using an app or visiting a website.
  • Geolocation data, which can be derived from the Public IP address data we collect, as described above.
c. How Nimbus Uses Personal Information

Nimbus uses information about consumers to perform our contractual obligations, such as to provide Services to our clients, pursuant to our agreements with those clients. Nimbus handles consumer information in its capacity as a “service provider” or a “processor,” including as may be reasonable necessary or appropriate to provide the Services, operate the business of which the Services are a part, and improve the services.

We may send you direct marketing communications as permitted by law, including, but not limited to, sending newsletters, and notifying you of special promotions, offers and events via email and other means. Where applicable, if you choose to subscribe to our marketing and advertising, we process your personal information based on your consent, which you may withdraw at any time.

It is in Nimbus’ legitimate business interests to use information collected on adsbynimbus.com to improve Website functionality, to respond to requests, and to market its Services to businesses.

Nimbus may also use information collected on adsbynimbus.com in our legitimate business interests to enforce and comply with our terms and policies; protect our and others’ rights, privacy, safety, or property; to ensure the integrity of our Services; to defend ourselves against legal claims or disputes; and to recover payments due to us. Some processing may also be necessary to comply with a legal obligation, for example to keep records of transactions, or as requested by any judicial process or governmental agency.

d. How Nimbus Shares Personal Information

Nimbus shares consumer personal information as directed by clients, to provide its Services to those clients. For example, our clients direct us to share app users’ information with demand side and supply side advertising platforms.

Nimbus also shares personal information with service providers who assist us in delivering and improving our Services and with professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

In addition, Nimbus may share personal information with law enforcement agencies, public authorities or other organizations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary and in our legitimate interests to:

  • Comply with a legal obligation, process or request.
  • Enforce our terms and conditions and other agreements, including investigation of any potential violation thereof.
  • Detect, prevent or otherwise address security, fraud or technical issues.
  • Protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (i.e., exchanging information with other companies and organizations for the purposes of fraud protection).

Finally, Nimbus may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

3. Nimbus’s Storage and Protection of Personal Information

Nimbus maintains appropriate data collection, storage and processing practices and security measures designed to protect against unauthorized access, alteration, disclosure or destruction of information and data stored or transmitted by Nimbus. We use encrypted storage for user data we collect when that data is at rest. Access to the data is restricted to employees and service providers who require it for their job function, and access requires two-factor authentication. The information that we collect is stored and processed in the United States. For more information about our current security measures, please visit our webpage that provides more detail, here. Unfortunately, the transmission of information via the internet is not completely secure and we cannot guarantee the security of information stored or transmitted by Nimbus.

4. Privacy Rights and Choices

We offer you choices that affect how we handle the personal information that we control. You may request the following in relation to your personal information. Please note that our clients’ app users and other consumers should submit their privacy requests to publishers whose apps they use and to advertisers whose ads they may see.

  • Information about how we have collected and used your personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
  • Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
  • Correction of personal information that is inaccurate or out of date.
  • Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
  • Consent withdrawal, to fully or partially withdraw your consent to the collection, processing, and/or transfer of your personal information. To withdraw your consent, please contact privacy@nimbus.co. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. In case we processed your personal information for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your personal information for such marketing purposes.
  • Additional rights, such as to object to and request that we restrict our use of your personal information.

    • To make a request, please email us at privacy@nimbus.co or write to us as provided in the “Contact Information” section below. We may ask for specific information from you to help us confirm your identity. California residents can empower an “authorized agent” to submit requests on their behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

    Limits on your choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact us” section below.

    Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

    If you are a resident of the European Union, you also have a right to lodge a complaint with a national Data Protection Authority.  Each European Union member nation has established its own Data Protection Authority; you can find out about the Data Protection Authority in your country here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

    Our representative in the EU for personal data purposes is EDPO. You can contact our representative at the following address: Avenue Huart Hamoir, 71 • 1030 Brussels • Belgium.

    5. International Data Transfers

    We may transfer your personal information to countries that may not provide the same protections as the data protection laws where you are based. We endeavor to safeguard personal information that we transfer, including by binding service providers that receive personal information from us to contractual protections. For more information, please contact us as set out in the “Contact Us” section below.

    6. Retention

    We retain personal information only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our policies and with applicable laws, based on factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, and the purposes for which we use personal information.

    7. Changes to this Policy

    Any changes we will make to this policy in the future will be posted on this page. Please check back frequently to see any updates or changes to this policy.

    8. Accessibility

    Any person with a disability that prevents or restricts them from accessing this Privacy Policy through Nimbus’s Website may request a copy of the Privacy Policy in an alternative format by contacting Nimbus at privacy@nimbus.co

    9. General Data Protection Regulation (GDPR) – European Representative

    Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Nimbus has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: by using EDPO’s online request form: https://edpo.com/gdpr-data-request/ by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium

    10. Contact Information

    Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to privacy@nimbus.co.