Privacy Shield Policy

EU-U.S. and the Swiss-U.S. Privacy Shield Framework

GDMServices, Inc. d/b/a FiksuDSP (“FiksuDSP”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. FiksuDSP has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

This Privacy Shield Policy Statement applies to all personal information received by FiksuDSP in the United States from European Union member countries and Switzerland, in any format, including electronic, paper or verbal.

In compliance with the US-EU and Swiss-US Privacy Shield Principles, FiksuDSP commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Shield Policy should first contact FiksuDSP at:

GDMServices Inc. d/b/a FiksuDSP
Attn: Privacy Officer
177 Huntington Ave #179369
Boston, MA 02115
Or by e-mail to info@fiksu.com

FiksuDSP has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacyshield/ for-eu-consumers for more information and to file a complaint.

Finally as a last resort and in limited circumstances, EU and/or Swiss individuals with unresolved privacy complaints may invoke a binding arbitration option before a Privacy Shield Panel.

Definitions
For purposes of this Privacy Shield Policy, the following definitions shall apply:

“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, FiksuDSP or to which FiksuDSP discloses personal information for use on FiksuDSP’s behalf.

“Client” means mobile application provider client of FiksuDSP on behalf of which FiksuDSP is providing products that optimize the mobile marketplace inclusive of ads and app download environments.

“FiksuDSP” means GDMServices, Inc. d/b/a FiksuDSP, its predecessors, successors, subsidiaries, divisions and groups in the United States.

“Personal information” means any information or set of information that identifies or could be used by or on behalf of FiksuDSP to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

Privacy Principles
The privacy principles in this Privacy Shield Policy have been developed based on the EU-U.S. Privacy Shield Framework and the Swiss-US Privacy Shield Principles.

Notice
FiksuDSP is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). FiksuDSP may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Where FiksuDSP collects personal information directly from individuals in the European Economic Area (EEA) and/or Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of non–agent third parties to which FiksuDSP discloses that information, the choices and means, if any, FiksuDSP offers individuals for limiting the use and disclosure of personal information about them, and how to contact FiksuDSP. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to FiksuDSP, or as soon as practicable thereafter, and in any event before FiksuDSP uses or discloses the information for a purpose other than that for which it was originally collected.

Specifically – FiksuDSP is a marketing service company focusing on the mobile application marketplace.

FiksuDSP buys mobile advertising space on behalf of our Clients which are generally mobile application providers and companies looking to advertise via mobile applications. When you click on a Client ad or application link delivered by FiksuDSP, FiksuDSP servers receive and store a mobile identifier (“Mobile ID”) which is a pseudonymous number that is associated with your mobile device. FiksuDSP cannot use the Mobile ID to identify you personally, but it does enable us to deliver relevant advertising to each mobile device. In addition to the Mobile ID, we collect information about the kind of mobile device you use (e.g., iPhone, Samsung), the operating system for your mobile device (e.g., Android, Apple O/S), IP address, the applications you download from Clients of FiksuDSP, when, how, and how often you use those applications.

We use your device’s Mobile ID and other information about Client applications you download to help our Clients understand which ads are most effective at generating downloads of our Client’s applications. We also use your Mobile ID and the information associated with your device Mobile ID over time (e.g., the applications you download, when and how you use those applications, and any publisher-provided demographic data) to enhance our services and to select FiksuDSP’ Client ads that are most likely to be of interest to you.

FiksuDSP may use agents and contractors in order to provide our services to Clients. If such agents and contractors have access to your Mobile ID and/or the information associated with your Mobile ID, they are required to protect this information in a manner that is consistent with Privacy Policy of FiksuDSP by, for example, not using the information for any purpose other than to carry out the services they are performing for FiksuDSP.

Choice
FiksuDSP will offer individuals the opportunity to choose (opt-out) via AdChoice Opt Out whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Individuals with concerns about how their data is being used can contact FiksuDSP’s Privacy Officer at the address below.

Data Integrity
FiksuDSP will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. FiksuDSP will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

Transfers To The Agents
FiksuDSP will obtain assurances from its agents that they will safeguard personal information consistently with this Privacy Shield Policy, by means of a contract obligating the agent to provide at least the same level of protection as is required by the relevant Privacy Principles. FiksuDSP may be liable for the transfer of personal data to third parties. Where FiksuDSP has knowledge that an agent is using or disclosing personal information in a manner contrary to this Privacy Shield Policy, FiksuDSP will take reasonable steps to prevent or stop the use or disclosure.

We disclose the information in our systems, including your Mobile ID and/or the information associated with your Mobile ID over time for the following purposes:

• To Clients of FiksuDSP when you click on their ad and/or download their application;

• In response to legal process (for example, a court order, search warrant or subpoena);

• When we, in our sole discretion, believe it is necessary or appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us to do so.

• In other circumstances when necessary either to protect the rights or property of FiksuDSP, Clients of FiksuDSP, and third parties.

• We may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If FiksuDSP is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your information.

Access and Correction
FiksuDSP provides individuals the right to access personal information that it holds about them. In addition, FiksuDSP will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. In most cases personal information can be accessed and modified by the individual by logging into their account and self-managing their personal information. In an instance where the specific personal information cannot be self-managed the individual should contact the Website administrator for support.

Security
FiksuDSP will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Enforcement
FiksuDSP will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Shield Policy. Any employee that FiksuDSP determines is in violation of this Privacy Shield Policy will be subject to disciplinary action up to and including termination of employment.

Limitation on Application of Principles
Adherence by FiksuDSP to these privacy principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

Privacy Policy
FiksuDSP recognizes the importance of maintaining the privacy of information collected online and has created a Privacy Policy governing the treatment of personal information collected through fiksu.com (the “Website”) that FiksuDSP operates. With respect to personal information that is transferred from the EEA or Switzerland to the U.S., the Privacy Policy shall subordinate to this Privacy Shield Policy. However, the Privacy Policy also reflects additional legal requirements and evolving standards with respect to Internet privacy. FiksuDSP’s Privacy Policy can be found at https://fiksu.com/privacy-policy/.

Contact Information
Questions or comments regarding this Privacy Shield Policy should be submitted to info@fiksu.com info@fiksu.com

Changes to Privacy Shield Policy
This Privacy Shield Policy may be amended from time to time, consistent with the requirements of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Principles.

EFFECTIVE DATE: January, 2018