Who we are

Last Updated: August 15, 2023

We understand that you care how your Personal information (as such term is defined below) is collected, used and shared.  This Privacy Policy describes what kind of Personal Information we may collect about you directly or indirectly; how and why we collect, use and share your information; and the choices and rights you have with respect to your information (collectively, our “Privacy Practices”).

To ease review, you may click on each section heading below to link to the full disclosure.

1  Table of Contents

Scope
Who We Are
Personal Information We Collect
How We Collect Your Information
Why We Collect Your Information
How We Share Your Information
Your Rights and Choices
California Residents’ Rights
Visitors from Outside the United States
Children’s Privacy
Data Security and Retention
Changes to this Privacy Policy
Contact Us

2 Scope

This Privacy Policy applies to the Personal Information we collect on-line and off-line:

when you visit or interact with our websites or applications that post a link to this Privacy Policy (each a “Site”), including https://www.adlucent.com; or;when you are otherwise using or interacting with a service or engaging with an event provided by us (collectively the “Service(s)”).

Participation in the Site and Services is voluntary.  Some Personal Information is collected automatically, when you interact you visit our Sites, as described in more detail below.  In other cases, you may be asked to provide or consent to the collection of certain types of Personal Information.  You are not required to provide that Personal Information; however, if you choose not to provide or to consent to the collection of certain Personal Information, we may be unable to provide some or all of the Services to you, and your ability to use the Site or Services may be limited. Please be sure to review the Site’s Terms of Use which, in addition to this Privacy Policy, governs your use of the Site. If you interact with our Sites or use our  Services, you acknowledge our Privacy Policy and will be bound by our Terms of Use.

Please note, unless otherwise stated, this Privacy Policy does not apply to the following:

Any Sites or Services that post separate privacy policies or privacy notices.
Personal Information of job applicants or current or past employees, which is governed by a separate privacy policy.
Personal Information we collect on behalf of our Clients (as described below).
Information that is de-identified, aggregated, or anonymous (“Anonymized Data”).

Third party websites, applications or services (collectively, “Third-Party Sites”), even if they are accessible from our Site or Service. Any information collected on Third-Party Sites is governed by that Third-Party Site’s privacy policy, and we are not responsible for the privacy practices of those Third-Party Sites. We encourage you to be aware when you leave our Site and to read the privacy policies of such Third-Party Sites to understand their privacy practices. Please also keep in mind that privacy choices you make on Third-Party Sites may not apply to our use of your Personal Information.

3  Who We Are

We are a leading business solutions provider to consumer goods manufacturers and retailers (our “Clients”), providing a customizable suite of technology-enabled sales and marketing solutions designed to help our Clients across a broad range of channels drive demand, increase sales, and achieve operating efficiencies. As such, we primarily provide business-to-business services and do not generally provide services directly to consumers.

While providing Services to our Clients, we may collect Personal Information related to our Client’s consumers on their behalf. In those instances, our Clients determine the means and purposes of collection of personal information, and we act as a service provider or processor.  The collection and use of this information on behalf of our Clients is governed by an appropriate agreement in writing with the applicable Client and the Client’s own privacy policies, not this Privacy Policy.

4  Personal Information We Collect

As used herein, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, in particular information belonging to the categories set out in Section 4.1 below.  Personal Information does not include publicly available lawfully obtained information, deidentified, or aggregated information or, truthful information that is a matter of public concern.  If the laws of the state where you reside provide for a different definition of personal information, that definition applies.:

4.1 Categories of Personal Information we Collect:

We may collect the following categories of Personal Information through the Site and Services

Identifying Information
Your contact information, such as your first and last name, phone number, email address, and postal address, and that of others you provide to us (e.g., other contacts in your business).
Registration information you provide when you create an online account, such as your username and password.
Sensitive Personal Information and other Protected Characteristics
Registration information you provide when you create an online account, such as your username and password.
Biographical or demographic information, such as your date of birth, age, gender.

Internet or Electronic Network Activity Information
Usage, technical and device information when you visit our Sites or open emails we send, including browser or device information, unique device identifier, URL that referred you to our Site or Services, and IP address.
Activity information about your use of our Sites and Services, such as your preferences and how often you use the Site or Services.

Commercial Information
Information about Services you have purchased or considered purchasing from us.
Audio, electronic, visual, thermal and olfactory information
Video or audio recordings when you provide a recorded testimonial or review.

Geolocation Information
We may collect your location information derived from this information or from beacon technologies (as described below), where permitted by law to do so.
Professional and Employment Related Information
Certain biographic information such as employer and job title/position.
Inferences drawn from any type of personal information used for profiling

We may also collect, or create from your Personal Information, Anonymized Data. Our use of Anonymized Data is not subject to this Privacy Policy.

5  How We Collect Your Information

We may obtain Personal Information from the following categories of sources:

5.1  Directly from You

We collect Personal Information you provide to us when you request or purchase Services or information from us, create or register for an account or otherwise save your information on our Site, sign up for our mailing, SMS/text and/or email marketing lists, participate in a survey, contact us, or otherwise interact with our Site and Services.

5.2  Your Use of the Site and Services

We and our service providers may collect information using analytics tools when you use our Sites and Services, that store or collect information about your interactions with our Sites and Services.

5.3  Cookies and Other Tracking Technologies

We may use cookies and other methods and technologies to store or collect information (referred to herein as “Tracking Technologies”), including when you visit or use our Sites.  Details regarding the Tracking Technologies (including cookies) currently used by us can be found in our Cookie Policy.  Visit the Cookie Preference Section below for more information as to how to manage the use of Tracking Technologies on this Site.

5.4  Third Party Sources

We may obtain Personal Information about you from third-party sources, such as vendors who help us update or supplement information previously collected about you or to validate postal or email addresses; our affiliates and subsidiaries; lead generation partners; and other trusted promotional and joint marketing partners.

In addition, there may be cases where our Sites or Services include functionality that allows interaction between the Site or Services and a third-party website or application, which may involve that third party providing information to us (for example, the ability to send an email or post on social media through our Sites or Services). In these cases, the third parties may retain your Personal Information, and these third parties’ data practices are not subject to this Privacy Policy. We encourage you to review applicable third-party privacy policies before using any third-party tools integrated into our Sites or Services.

6  Why We Collect Your Information

We may use your Personal Information for the following business and commercial purposes:

Provide you with requested Services;
Operate, understand, optimize, develop, or improve our Sites, Services and operations, including tailoring the Sites and Services to your preferences;
Establish and verify the identity of visitors to our Sites or users of our Services;
Open, maintain and administer accounts you open through our Sites or Services;
Send you email or SMS/text marketing messages, where you have signed up to receive them;
Respond to your questions, inquiries, comments, complaints, or other communications you send to us;
Communicate with you about our Sites and Services, including important updates to Sites and Services;
Provide you with information about new opportunities, and related communications;
Ensure our compliance with relevant legal and regulatory obligations;
Maintain the security and integrity of our systems, Sites and Services; and
Detect, investigate and prevent activities that may violate our policies or be illegal.

7  Access to and Sharing of Your Information

This section outlines how we may disclose and/or grant access to your Personal Information.

7.1  Adlucent Employees and Affiliates

We limit the access to your Personal Information to those Adlucent employees who need to access such information to carry out their assigned job responsibilities.  Subject to applicable law, we may share your Personal Information with our Affiliates to the extent reasonably necessary to accomplish specified lawful objectives.  With our affiliates we mean companies that are subsidiaries, joint ventures, or are otherwise controlled by or under common control with us (“Affiliates”).

7.2  Access to Personal Information by Third Parties

In addition, we may disclose and/or grant access to your Personal Information:

When you Direct us to Disclose Your Personal Information or Interact with Third Parties

When you request that we share your Personal Information with other companies so they can send you information, offers and/or promotions about their products and services, or when you interact with third parties through our Sites or Services, such as social media sites. Please note we are not responsible for the privacy practices of these third parties, and we encourage you to review their privacy policies and practices before requesting information from or otherwise interacting with them;

Service Providers and Contractors
When we use third-party service providers to perform services on our behalf, such as hosting and analytics providers, consulting services, auditors, and other providers; however, these companies are prohibited from using your Personal Information for purposes other than those requested by us or required by law;

Advertising and Analytics Providers
As many other businesses we participate in advertising networks administered by third parties that track your online activities over time and across third party websites by using, among other things, Tracking Technologies, to serve you targeted advertising.  We also use Google Analytics and other analytics services providers to gain a better understanding of the utilization of our Sites and Services and the interests of our visitors or the effectiveness of our marketing efforts.  Some of our uses of such services where we disclose your Personal Information to such advertising and analytics providers may be considered a ‘sale’ or ‘sharing’ of Personal Information under California Privacy Laws (as such term is defined below), even if we do not receive any financial compensation from such third parties in exchange;

Business Transfers
In connection with the sale of one of our businesses or its assets or other events where a change in the control over Adlucent or any of its Affiliates takes place or is contemplated, such a merger, consolidation, restructuring, bankruptcy, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process;

To Protect Adlucent and Comply with Legal Obligations

To enforce our Terms of Use or policies, to ensure the safety and security of visitors to our Sites and users of our Services, to protect our rights and property and the rights and property of others, to comply with court orders, subpoenas and legal processes, access requests by law enforcement and other government agencies and in other cases if we believe in good faith that disclosure is required by law.

8  Your Rights and Choices

8.1  Unsubscribe from Receiving Further Marketing Communications

If you would like to stop receiving newsletters or other marketing or promotional messages, notifications or updates from us, you may do so by following the unsubscribe instructions that appear in those communications, or by contacting us at solutions@adlucent.com to opt-out of marketing emails.  Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices.

8.2  Cookie Preferences

You can manage our use of Tracking Technologies including non-essential cookies by using our Cookie Preference Management Center.  It can be accessed by visiting our Cookie Policy or through the Cookie Banner displayed at the bottom of our Sites, as described here:  Select the Cookie Settings button at the pop-up banner appearing at the bottom of your screen when you first visit our Site, or located on the top of the Cookie Policy, to access our Cookie Preference Management Center.  Use the respective toggle switches if you choose to opt-out of non-essential cookies, such as performance, targeting and social media cookies.  In addition, our Cooke Policy provides more information about your choices with respect to third party advertising.

8.3  Right to Access, Correct and Delete of Personal Information

Individuals in certain jurisdictions may have certain rights under applicable privacy laws.  Rights specific to California and Nevada residents are described below. Subject to applicable law, you may have the right to request access to, modification or correction of, or deletion of your Personal Information, and information on how it has been used or disclosed. For example, if you are a resident of Canada, you may be able to request access to and/or correction of your Personal Information.

To exercise your rights, you may contact us using the contact information specified in conjunction with the information about state-specific privacy rights.  We will respond as soon as practicable, and, in any event, within the time periods prescribed by applicable law. In order to protect the integrity, security and confidentiality of Personal information or to comply with legal requirements we will take steps to verify your identity prior to responding to your request.

9  California Residents’ Rights

This section applies only to California residents, as defined in the California Consumer Privacy Act (“CCPA”), as amended, among others, by the California Privacy Rights Act (“CPRA”), collectively, hereafter, the “California Privacy Laws”).

9.1  California Privacy Law Disclosures

In addition to the information provided elsewhere in this Privacy Policy, we make the following disclosures to comply with the California Privacy Laws:

We collected the following categories of Personal Information in the last 12 months: identifiers/contact information; biographical/demographic information (such as age and gender); commercial information; Internet or other electronic network activity information; professional or employment-related information; geolocation data (in some cases); audio, electronic, visual, or similar information; and inferences drawn from the above. Unless otherwise disclosed to you, we have not collected your Sensitive Personal Information.

The sources of Personal Information we collected are outlined in the How We Collect Your Information section above.

The business or commercial purposes of collecting Personal Information are outlined in the Why We Collect Your Information section above.

We disclosed the following categories of Personal Information for a business purpose in the last 12 months: identifiers/contact information; biographical/demographic information (such as age and gender); commercial information; Internet or other electronic network activity information; professional or employment-related information; and inferences drawn from the above. We disclose these categories only as described in the Access to and Sharing of Your Information section above.

We do not “sell” or “share” Personal Information of known minors under 16 years of age.

9.2  Your Rights Under the California Privacy Laws

If you are a California resident, you have the following rights with respect to your Personal Information:

Right to Know. You have the right to request, up to two times each year, the categories and/or specific pieces of Personal Information about you that we collect, use, disclose and sell/share, as applicable, and subject to applicable legal exceptions.

Right to Delete. You have the right to request that we delete Personal Information that we collect from you, subject to applicable legal exceptions.

Right to Correct Inaccurate Personal Information. You have the right to request that we correct any inaccurate Personal Information that we hold on you, subject to certain exceptions.

Right to Opt Out of the “Sale” and/or “Sharing” of Personal Information. You have the right to opt out of the “sale” and/or “sharing” of your Personal Information to “third parties,” as those terms are defined in the California Privacy Laws.

Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the use and disclosure of Sensitive Personal Information, as that term is defined in the California Privacy Laws, to certain authorized uses. To the extent we collect your Sensitive Personal Information, as it relates to the Sites and Services to which this Privacy Policy applies, we only use your Sensitive Personal Information in ways that do not give rise to the consumers right to limit the use and disclosure of Sensitive Personal Information.

Right to Non-discrimination. You have the right not to receive discriminatory treatment by us for the exercise of your rights under California Privacy Laws.

California residents also have the right under the Shine the Light Act to request and receive certain information about the disclosure of Personal Information to third parties for their own direct marketing use, and options with respect to such disclosures. We do not share your Personal Information that we collected directly from you with third parties for their direct marketing purposes unless we have first given you the choice to consent or withhold consent to such sharing.  Because we, as it relates to the Sites and Services to which this Privacy Policy applies, do not share your Personal Information with third parties for their direct marketing use without your consent, these requirements are not applicable.

9.3  How to Exercise Your California Rights

You can submit a request to exercise your rights under the California Privacy Laws above by contacting us through e-mail at solutions@adlucent.com or or by calling us, toll free, at 800.788.9152.

We are required to verify your request before we can give you access to, allow for the correction of, or delete your Personal Information.  We will verify your identity by matching information you provide with your request with information in our systems.

In general, we will ask you to provide the following information in connection with your request: first and last name, email address, state and country of residence, and the nature of your relationship with Adlucent and information likely only know to you based on your transactional history with us.  We may also request additional documentation or information solely for the purpose of verifying your identity.  If we are unable to verify your request with the requisite degree of certainty, we are legally prohibited from acting on your request.  We will acknowledge your request within ten days after receiving it and, if we are able to verify your request, we will respond to your request within 45 days.  If we need more time to complete your request, we will inform you about the reason and our estimate as to the additional time needed to complete your request.

You may also authorize someone else to exercise these rights on your behalf.  When a third party submits a request on your behalf, they must indicate that they are an authorized agent, and supply us with evidence of such authorization; we will not fulfill any request submitted by a third party related to your Personal Information until we have received confirmation that you authorized such third party to submit a request on your behalf.

Please note that your exercise of these rights is subject to certain exemptions and exclusions, and your requests may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law.  Where required by applicable law, we will notify you if we reject any part of your request and the reason(s) we are unable to honor it.

Data retention. Please see the Data Security and Retention below for information about the factors we consider to determine retention periods of your personal information.

We will continue to update our business practices as direct regulatory guidance becomes available.

9.4  Nevada Residents

Nevada residents have the right to request to opt out of any “sale” of their personal information under Nevada SB 220.  We do not sell your personal information under Nevada law. However, you may nonetheless request to opt out of the future sale of your personal information.  If you are a Nevada resident and would like to make such a request, please contact us using the information in the Contact Us section at the end of this Privacy Policy, and provide “Nevada Privacy Rights” in the subject line. You must include your full name, email address and postal address in your request so that we can verify your Nevada residence and respond. In the event we sell your personal information after the receipt of your request, we will make reasonable efforts to comply with such request.

10  Visitors from Outside the United States

Our Site and Services are operated in the United States. If you are located outside of the United States, please be advised that information we collect, including Personal Information, may be transferred to, and processed, stored and used, in the United States, and that this is necessary to provide you with the information or Services you have requested, and/or perform any requested transactions.  Privacy laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States subject to applicable law.  By using this Site or the Services, or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.  For more information about our policies regarding cross-border transfers of Personal Information, you may contact us and let us know.

11  Children’s Privacy

We recognize the importance of children’s safety and privacy.  Our Sites are general audience websites and applications and are not designed or intended to attract or be used by children under the age of 16.  We do not knowingly collect or request Personal Information from children under the age of 16.  If you are under the age of 16, you are not permitted to use this Site and should not send us any information about yourself. In the event we become aware we have collected Personal Information from a child under the age of 16, we will take steps to dispose of that information in accordance with the Children’s Online Privacy Protection Act and other applicable laws and regulations.  If you are a parent or guardian and you believe your child under the age of 16 provided us with Personal Information without your consent, you may contact us and let us know.

12  Data Security and Retention

The security, integrity and confidentiality of your Personal Information are extremely important to us.   We have implemented technical and organizational safeguards designed to help protect and secure your Personal Information.  Please be aware that, despite our best efforts, no security measures are perfect or impenetrable; and no data transmission over the Internet is guaranteed to be secure.  As a result, we cannot guarantee or warranty the security of any Personal Information you provide to or from our Site or through our Services.

We will retain your Personal Information for the length of time reasonably necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.  Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

13  Changes to this Privacy Policy

We may update this Privacy Policy from time to time.  The version date of this Privacy Policy is located at the top of the page.  We encourage you to review this Privacy Policy often to remain informed of how we use your Personal Information.

14  Contact Us

For more information about our privacy practices, or if you have a comment or question about this Privacy Policy, you can contact us by mail at

Adlucent
Attn.: Privacy Officer
1300 Guadalupe St
Suite 100
Austin, TX 78701