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    Privacy Policy.

    MNTN Privacy Notice

    Effective Date: December 20, 2021

    MNTN (“we,” “us,” or “our” “MNTN”) provides advertising and marketing services for its customers (the “Services”). This privacy policy (“Privacy Policy”) describes how we collect, use, and share information (i) on our corporate website at https://www.mountain.com or any MNTN-owned website (collectively the “Site”); and (ii) through our Services, and applies to all individuals who use the Site or whose information is otherwise provided to, or collected by us, in connection with our Site and the Services.

    For the purposes of users of the Site located in the EU, we are the controller of any information we may collect when you visit our Site. Lee Stevens, with the contact email address privacyrights@mountain.com, is our representative in the EU for the purposes of the General Data Protection Regulation (“GDPR”). Our Data Protection Officer can be contacted at privacyrights@mountain.com. Please read this policy carefully so that you understand your rights in relation to, and how we will collect, use and process, your information.

    SECTION 1: OUR CORPORATE WEBSITE

    This section of the Privacy Policy describes how we collect, use, and share information collected on our Site.

    Information Collection

    We may collect a variety of information when you visit our Site. We collect certain information if you contact us, request our services, or otherwise provide it to us, and in each instance only to the extent you provide us with your personal information. This information we collect includes: your name, email address, phone number, and any other such information you directly provide to us.

    We may also collect certain technical information when you visit the Site. This type of information includes your IP address, country, city, browser type, operating system, service provider, the areas you visit on the Site, time and date of your visit, and Google Analytics client ID. We may collect this technical information through cookies, web beacons, or other similar technologies. We may combine your IP address and other technical information together.

    How We Use Information

    As it is in our legitimate interests to be responsive to you, provide the services on our Site, and to ensure and improve the proper functioning of our Site, we may use any of the information we collect for the following purposes:

    • To respond to your inquiries and requests and otherwise communicate with you;
    • To provide you with any services you request;
    • For internal purposes, such as recordkeeping, and to operate our business;
    • To operate and improve the Site;
    • To perform analytics and research;
    • In connection with a corporate sale, merger, acquisition, or other business transaction or transfer of all or part of our assets;
    • To comply with law and to maintain the security of the Site, including to enforce our Terms of Use, exercise or defend legal claims and to protect our rights or the rights of third parties; and
    • As otherwise disclosed at the time of collection or use.

    Information Sharing

    We may share the types of information described above with the following third parties:

    • Advertising, marketing, payment processing, and email service providers and professional advisers that perform services on our behalf including: Salesforce, LinkedIn, and Google Analytics;
    • To our affiliates or otherwise within our corporate group;
    • In connection with a corporate sale, merger, acquisition, or other business transaction or transfer of all or part of our assets;
    • Pursuant to a subpoena, court order, governmental inquiry or other legal process, or as otherwise required by law, or when we believe necessary to exercise or defend legal claims or protect our rights or the rights of a third party;
    • To enforce our Terms of Use; and
    • With your consent or as otherwise disclosed at the time of data collection or sharing.

    We may also share information with third parties that has been anonymized or  aggregated. We do not sell information collected through the Site to third parties.

    Social Media Tools and Links to Other Websites

    The Site may provide links to other websites that we do not control. We encourage you to review the privacy policy of those websites you may visit.

    Our Site may include social media tools or “plug-ins”, such as social networking and blogging tools offered by third parties. These social media companies are not affiliated with us and we have no control over the information they collect. These social media companies may collect information about you and may use and share such information in accordance with your social media account settings, including by sharing such information with the general public. Your interactions with third-party social media companies and the use of their features are governed by the privacy policies of the social media companies that provide those features. We encourage you to carefully read the privacy policies of any social media accounts you create and use.

    Your Choices: Analytics

    We use Google Analytics to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you visit our Site or use our Services, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

    How long do we store your data? after you visit our Site?

    You can request deletion of your information by following the process set out in Section 3 below. All data provided by you to us through our Site will be deleted no later than two (2) years after the date of disclosure.

    SECTION 2: MNTN MARKETING SERVICES

    This section of our Privacy Policy describes how we collect, use, and share information through our Services.

    For current residents in the European Economic Area or United Kingdom who are subject to the protections of the GDPR or UK GDPR, we work with the IAB Europe and IAB UK to ensure that the data we collect from our affiliates and ad technology partners (as further described in The Information We Collect) is processed with your consent or legitimate interests, as applicable. MNTN is a registered vendor under the Transparency and Consent Framework v2.0 provided by IAB Europe. To learn more about this framework, please visit the https://iabeurope.eu/tcf-2-0/.

    The Information We Collect

    Through the provision of our Services we collect various types of information from our customers and ad technology partners to perform the Services, including from:

    • Our Customers, who may provide advertising IDs, IP addresses, and hashed email addresses;
    • Directors, officers, employees, contractors, and/or agents of our Customers, who may provide their name, title, email address, login details, information about their device, such as device identifier, model, network provider, browser type, language and IP address, and usage of the Services, such as pages viewed, date/time stamps and searches performed;
    • Our Affiliates, who may provide information about your device, such as device identifier, model, network provider, browser type, language, IP Address, Information about mobile application usage, how you interact with applications you use and advertising you see, city level location information, device type, information about the app, such as the version, information about your mobile advertising identifiers such as your advertising ID and other general demographic information about you, including interests, age, and gender;
    • Mobile Measurement Partners (MMPs), which measure how you interact with an advertisement and may provide us with impressions, clicks, time zone, city, language, conversion duration, connection type, application version, and level of interaction and your advertising ID; and
    • Publishers (i.e. the owners of the applications and websites you use), Ad exchanges, Ad Networks, Supply Side Platforms, Direct Marketing Platforms and other ad technology companies, who assist with providing targeted advertisements, may provide information about your device, such as device identifier, model, network provider, browser type, language, IP Address, information about mobile application usage, how you interact with applications you use and advertising you see, city level location information, device type, information about the app, such as the version, information about your mobile advertising identifiers such as your advertising ID and other general demographic information about you, including interests, age, and gender.

    How We Use the Information We Collect

    We use the information we collect through the Services on the basis of consent or as necessary for our (or those of our customers’) legitimate interests, in running and improving our ad technology business to select and deliver targeted advertisements to a user’s browser or mobile apps, as described below:

    • We use information for our (or those of our customers’) legitimate interests, including to:
      • Provide, build and improve the Services, including to provide customer users with access to the Services and provide support;
      • Build segment profiles for our customer’s marketing and advertising purposes, where the segment profiles are built exclusively for the specific customer who provided your IP address, cookie ID, and/or hashed email address to allow MNTN to show interest based ads to you on behalf of the customer, and are not used to provide services to other customers;
      • Engage in analytics and research;
      • Comply with law, prevent fraud, enforce our agreements, exercise or defend legal claims and to protect our rights or the rights of third parties;
      • Provide reporting, attribution and frequency capping for our customers’ advertising campaigns;
      • Communicate with our customers, including providing information about current or future marketing opportunities, updates about our company or our Services, release updates, webinars, and events we are hosting; and
      • In connection with a corporate sale, merger, acquisition, or other business transaction or transfer of all or part of our assets.
    • We also use information when individuals provided their consent, including to serve interest-based advertising on an individual’s desktop, mobile, and/or Connected Television device.

    Where we receive your IP address, cookie IDs, or hashed email address from our customers in order to provide you with advertisements that may be of interest to you, we process this information pursuant to a written contract with our customers, and we do not retain, use, or disclose your IP address or cookie ID for any purpose other than for the specific purpose of performing the Services. We do not disclose any information we receive from customers to any third parties, except solely as necessary for us to perform our contractual obligations with our customers and provide the Services. To see a list of our service providers, please click here: https://mountain.com/information-sharing-partners/.

    We require our customers to comply with all applicable laws, rules, and regulations, which includes providing required notices, obtaining any necessary consents, providing any necessary opt out disclosures, facilitating the exercise of your data subject rights, and complying with all other applicable data privacy laws.

    In order to be able to serve interest based advertisements that you may wish to see, we may combine data and link your activities across your devices and on the website pages of our customer who provided your IP address, cookie ID, or hashed email address. We obtain this information through your IP address, using cookie tracking technology, or directly from our customers. We also may use your IP address and cookie ID for advertising campaign performance purposes on behalf of the customer who provided this information. Your IP address and cookie ID is used by us internally and is not shared with any third parties, except as provided below:

    Information Sharing

    We may share the types of information described above with the following categories of third parties for the following purposes:

    • to our service providers that perform or enhance our Services on our behalf, including for cloud storage purposes, analytics and research purposes, to help our customers understand how their users are engaging with their ads, to provide general demographic information about the users who are most engaging with certain types of ads on our customers’ desktop or mobile properties, or to obtain information about what kind of ads are published on our customers’ desktop or mobile properties (see https://mountain.com/information-sharing-partners);
    • to our customers to provide the Services, including customizing advertising and reporting on the performance of that advertising;
    • Pursuant to a subpoena, court order, governmental inquiry or other legal process, or as otherwise required by law, or when we believe necessary to exercise or defend legal claims or protect our rights or the rights of a third party;
    • to investigate, prevent, or take action regarding alleged or actual illegal activities, violations of our agreements;
    • to publishers (i.e. the owners of the applications and websites you use), Ad exchanges, Ad Networks, Supply Side Platforms, Direct Marketing Platforms and other ad technology companies, who assist with providing targeted advertisements for the purpose of serving you with contextual and/or targeted ads that are relevant to and may interest you, as necessary to perform the Services to our customers;
    • Any other purposes disclosed to you at the time we collect your information or that we otherwise collect with your consent; and
    • As part of a corporate sale, merger, acquisition, or other business transaction or transfer of all or part of our assets, including as part of a bankruptcy proceeding.

    We do not sell information collected through the Services to third parties.

    Where do we store your personal data?

    As we are United States company, any information provided to us, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and jurisdictions other than the one in which you are located may not have the same data protection laws as your own jurisdiction.

    Your personal data is also processed by staff or service providers operating outside the EEA in the United States, who work for us.

    Where we receive your information from publishers, advertisers or other ad technology partners, and they are located in the UK or EEA, we rely on standard contractual clauses for such transfers.

    Your Choices and Opting Out of Interest Based Advertising

    As described above, as part of our Services we receive IP addresses, cookie IDs, and/or hashed email addresses from our customers who collected this information from your previous visit to their website or application. We receive this information to make inferences about your interests in order to provide advertising relevant to you based on these interests. This practice is known as interest-based advertising.

    You can use your device settings, such as “Limit Ad Tracking,” to exercise choice regarding our collection and use of information for interest-based advertising from websites and mobile applications on your device. You also have the following opt-out choices:

    Note that if you exercise choices regarding interest-based advertising you will still see advertising in websites and mobile apps, but those ads may be less relevant to your interests. Data may still be collected from your device with your consent for purposes other than interest-based advertising after you make your choices. If you use different devices, or reset your device identifier, you may need to make your choices again.

    Retention of data

    MNTN stores data collected to provide the Services for a rolling period of two (2) years from the last website visit of our customers’ websites. Reporting data (which does not contain any personal data), is stored for the duration of the contract we have with our customers. Reporting data may be deleted at the customer’s request, and in in all cases two (2) years after termination of the Agreement. If our contract terminates with a customer, MNTN does not further collect or use any information received from the customer.

    SECTION 3: OTHER GENERAL PRIVACY PRACTICES FOR THE SERVICES AND SITE

    Data Security

    We implement reasonable security measures to help protect the security of information we collect through the Site. However, please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.

    Your Rights

    In certain circumstances you may have rights in relation to the personal data we hold about you. We set out below an outline of, and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights. To exercise any of your rights, please email privacyrights@mountain.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

    • Access: You have the right to know whether we process personal data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
    • Portability: in certain circumstances, you have the right to receive or ask us to provide your personal data to a third party in a structured, commonly used and machine-readable format, although we will not provide you with certain personal data if to do so would interfere with another’s individual’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies (we can only do so where it is technically feasible; we are not responsible for the security of the personal data or its processing once received by the third party).
    • Correction: You have the right to require us to correct any personal data held about you that is inaccurate and have incomplete data completed.
    • Erasure: You may request that we erase the personal data we hold about you in certain circumstances e.g. where you believe it is no longer necessary for us to hold the personal data or object to our processing.
    • Restriction of Processing to Storage Only: You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances.
    • Objection or restriction of processing: You have a right to require us to stop processing the personal data we hold about you in certain circumstances (and require us to delete it or continue to store it). Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process or retain such data or if we need to retain it in relation with any legal claims.

    Withdrawal of Consent

    • Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time by https://mountain.com/opt-out/

    Rights for California Residents

    If you are a California resident, please read our Privacy Notice for California Residents for more information about your privacy rights.

    Objection to Marketing

    At any time, you have the right to object to our processing of data about you in order to send you promotions, special offers and marketing, including where we build profiles for the customer who provided us with your information, and we will stop processing your data on behalf of the customer.

    Complaints

    In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at privacyrights@mountain.com and we will endeavor to deal with your request. If you are a current resident in the EEA or UK, this is without prejudice to your right to launch a claim the data protection supervisory authority in the UK or the EEA country in which you live or work where you think we have infringed data protection laws.

    Changes to This Notice

    If we make changes to this Privacy Policy, we will post the new policy here and take any other steps required by applicable laws. We encourage you to periodically check back to remain up to date on our privacy practices.

    Contact Us

    If you have questions, comments, or concerns about this Privacy Policy, please email us at privacyrights@mountain.com or call us at (877) 978-3354.

    Our address is as follows:

    MNTN
    11111 Jefferson Blvd #5286
    Culver City, CA 90230