Privacy Policy

Privacy Policy

1. Introduction

This privacy policy ("Privacy Policy") explains the data protection practices of Publisher First, Inc. dba quackr (collectively, "quackr", "we" and "us") when you visit or use quackr.com, any of the quackr Publisher Websites, mobile-optimized version of such websites, and digital applications that integrate certain quackr technology or onto which quackr serves advertisements (collectively, "Publisher Websites"). For the purposes of data protection laws, quackr is the data controller.

If you do not agree to this Privacy Policy, you must discontinue using the Publisher Websites and all services and features therein. By using the Publisher Websites, you acknowledge you have read and understand this Privacy Policy.

2. Applicability

(a) This Privacy Policy applies to quackr's and its third party ad service vendors' and advertisers' (collectively, "quackr Entities") delivery of advertisements on the Publisher Websites, and applies whenever and however you access or use the Publisher Websites, whether via personal computers, mobile devices or other devices (each a "Device"). "Publisher Websites" includes all subdomains of Publisher Websites.

(b) The Publisher Websites are subject to additional or different privacy policies, which are posted on the Publisher Website. Please visit each Publisher Website for additional privacy policies and terms and conditions related to your privacy.

3. Information We Collect

(a) Information Automatically Collected As You Access and Use the Publisher Websites.

To provide you with advertisements that are more customized to your interests, the quackr Entities may use a variety of technologies (including cookies, Flash cookies, web beacons and embedded scripts) ("Cookies") that automatically or passively collect information when you visit or interact with the Publisher Websites and the advertisements we serve on the Publisher Websites.

We, and our partners or vendors, may collect this information the first time you interact with a Publisher Website that uses our ad services, and we may combine and associate this information with information we (or our partners) may collect about your interactions with other ads we serve.

The information we collect includes:

  • Browser and Device information such as the type of web browser, computer, platform, related software; device type and model, manufacturer, operating system type and version, inferred from IP address, and identifiers assigned to a device, such as its iOS Identifier for Advertisers (IDFA), Android/Google Advertising ID (AAID or GAID), or other unique device identifier (typically an alphanumeric string allocated to a device by the device manufacturer, identifiers stored in a our cookie, ETag, or browser or web cache). Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your library. We use your IP address and other identifiers for a variety of purposes, including to help diagnose problems with our servers, gather broad demographic information, and other purposes as allowed or required by law.
  • Information about your interactions on the Publisher Websites such as information about the activities or actions on those Publisher Websites, the content viewed on the Publisher Websites, the URL that referred you to the Publisher Websites and all of the areas within the Publisher Websites that you visit, the web sites you visit after the Publisher Website;
  • quackr ad information, such as the content of the ad (what the ad is about, e.g. entertainment, news); the ad type (e.g. text, image, or video); where the ad is served (e.g. the website on which the ad appears); whether you clicked on the ad, the number of times you have seen the ad, and information about your interaction with the ad.

We may combine information gathered from your use of the Publisher Websites with information from third party sources to identify your location by state and region.

For more information, see "Cookies" below.

Geolocation Information. With your consent, quackr may collect and use your geolocation to provide you with information about goods and services within your geographic location or implement other functionality such as to serve targeted advertising. By using such service, you hereby consent to our collection, use and disclosure of your geolocation information as described.

(b) Information We Collect From Third Parties.

We may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your demographic information and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes. We may also acquire information from other sources about your visits over time and across other third party websites, in order to serve more targeted advertising to you on the Publisher Website(s). Those third parties have privacy policies that differ from this Privacy Policy.

4. How We Use Your Information

We use the information we collect for a variety of purposes. For example, we use the information we collect for the following purposes:

  • Serving and Customizing Advertising: We use the information in connection with serving advertising on the Publisher Websites, including to provide ads that are targeted to your inferred interests based on your activities across Publisher Websites. This may include creating interest-based advertising segments or audiences, as well as to supplement the information we collect with additional information we receive from third parties to allow us to tailor the ads we display.
  • Ad Reporting, Conversions, Analytics, and Frequency Capping: To create and provide information regarding ad activity, including whether ads are clicked on, tracking views of ads, as well as click-through rates, to prevent you from seeing the same ad too many times, and to measure and improve our ad serving services.
  • Fraud Detection and Prevention and Security: To identify invalid ad impressions, clicks, installs, or ad queries, protect us and our Publisher Websites from fraud, and protect our services.
  • Service Support and Improvement: To improve our ad services, to improve navigation and display, and to ensure that our services function properly.
  • Marketing: Subject to applicable law, we may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes. Unless we expressly notify you otherwise at the time of collection, we also may disclose information that we receive from you and from third party sources to third parties whose practices are not covered by this privacy statement (e.g. other marketers, retailers, and participatory databases) that want to market products or services to you. This includes licensing information about your interests and activities and marketing segments created with such data to third parties for their marketing purposes.
  • Anonymous Information: To create aggregated, anonymized information about you and other users of the Publisher Websites by excluding information (such as your name) that relate to an identifiable individual ("Anonymous Information"). We may use this Anonymous Information for any purpose permitted under the law and disclose Anonymous Information to third parties in our sole discretion.
  • Cross-Device Tracking: We may use cookies in combination with the information we collect — for instance, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Publisher Websites.

5. How We Share Your Information

In addition to the other disclosures described in this Privacy Policy, quackr may (and you authorize us to) share or disclose information collected from and about you on the Publisher Websites to other companies or individuals as set forth below. We may provide access to information to vendors that are performing services on our behalf, in order to carry out such services (the "Service Provider Use").

(a) Administrative and Legal Reasons: Notwithstanding anything herein to the contrary, we may at all times and in any manner access, use, preserve, transfer and disclose your information, including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process, or in connection with a legal investigation, if in our good faith opinion such is required or permitted by law; (iii) to protect the safety, rights, property or security of the quackr Entities, our services, the Publisher Websites or any third party; (iv) to detect, prevent or otherwise address fraud, security or technical issues; (v) to detect, prevent or otherwise address activity which we or a third party considers to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; (vi) to enforce or apply this Privacy Policy or our other policies or agreements; (vii) to comply with or enforce our rights under applicable laws, rules, regulations, and policies and agreements; (viii) to respond to an emergency or otherwise to protect the health, safety, rights, or property of our users or other third parties or the public; (ix) for the purpose of developing, producing, co-producing, programming, marketing, promoting, advertising, selling, and licensing content, products, and services.

(b) Business Transfers: quackr may share or transfer your information in connection with, or during the negotiation of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on our Publisher Website(s) of any change in ownership or uses of your information, as well as any choices you may have regarding your information.

(c) Aggregated Information: We may share aggregate information about you with advertisers, publishers, business partners, sponsors, and other third parties.

(d) Service Providers: We may share information with third party service providers in order to carry out the following functions: serving advertisements, auditing and analysis in order to measure, maintain and improve our services, and reporting to the advertisers and publishers. These third parties are prohibited from using your information for any other purpose.

(e) Ad Networks: quackr works with various business partners in the online advertising industry such as advertisers, ad exchanges, ad networks, and data aggregators. In connection with the services that we provide, we may share information with them including, for example, the device data such as IP address and unique identifier of the user's device, geolocation, and usage data.

6. Security

We employ administrative, physical, and technical measures designed to protect the confidentiality and integrity of personal information. However, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of quackr to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, neither quackr nor our service providers can ensure or warrant the security of any information you transmit to us over the Internet. Any such transmission is at your own risk.

7. Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. Children's Privacy

The Publisher Websites are not intended for children under the age of 13. If you are under 13 years old, please do not provide personal information to us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files immediately.

9. Your Choices

You have the following choices regarding the collection, use, and sharing of your information:

(a) Cookies and Tracking Technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Publisher Websites.

(b) Do Not Track: Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, that there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to "Do Not Track" signals.

10. International Data Transfers

We may transfer the information we collect about you to recipients in countries other than the country in which the information was originally collected, including the United States. Those countries may have data protection rules that are different from those of your country. We will take measures to ensure that your personal information remains protected to the standards described in this Privacy Policy.

11. Updates to This Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the Publisher Website(s) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

12. Contact Us

If you have any questions or comments about this Privacy Policy, please contact us via our contact form

Types of Cookies We Use on Our Publisher Websites

We use Cookies for several reasons. Some Cookies also enable us to track and target the interests of our users and to enhance the experience on our Publisher Websites. Third parties also serve Cookies through the Publisher Websites for advertising, analytics and other purposes. The specific types of Cookies served through our Publisher Websites and the functions they perform are described in more detail below.

Functional Cookies

These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in). To refuse these Cookies, please follow the instructions below under the section Cookie Management. Note that by disabling functional cookies, you may not be able to use some of our features or those features may not function properly.

Embedded Scripts

An embedded script is programming code that is designed to collect information about your interactions with the Publisher Websites, such as the links you click on. The code is temporarily downloaded onto your computer or other device, is active only while you are connected to the Publisher Websites, and is deactivated or deleted thereafter.

Cross-Device Cookies

quackr may use cookies in combination with the information we collect — for instance, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Publisher Websites. To refuse these Cookies, you may install the Google Analytics Opt-out Browser Add-on.

We and our third party partners (including advertisers) may set and access Cookies on your computer as well. We do not have control over how third parties use such cookies and similar technologies or the information derived therefrom, and this Privacy Policy does not cover any use of information that such third parties may have collected from you or the methods used by the third-parties to collect that information. These types of cookies include:

Advertising Cookies

These Cookies, defined exclusively by third parties, collect several types of data about your browsing habits, as well as your preferences for products and services. This information allows quackr to serve you relevant advertisements on our Publisher Websites. To refuse these cookies, please follow the instructions below under the section Cookie Management. Some advertisements may also contain an icon that you may click on to find out more about how to manage your advertising preferences.

As of the Effective Date above, the third party partners may include the following. These vendors and this list may be updated from time to time:

  • Ad Servers: Google Ad Manager (GAM), Springserve
  • Tracking Vendors: Nielsen, Integral Ad Science (IAS), Double Verify, Moat, Sizmek / Peer39, Google Analytics
  • Other: 152 Media, 33Across, AdColony, Adyoulike, Amazon, AppLovin, AppNexus, Beachfront, Connatix, BounceX, ConnectAd, Brightcom, Consumable, Content.ad, Conversant, Criteo, DistrictM, E-Planning, EMX/bRealTime, Facebook, Fluct, GoogleAdMob, Gumgum, Index Exchange, InMobi/AerServ, Just Premium, Kargo, Lockerdome, Mantis, MediaGrid, Media.net, MobFox, MoPub, Nativo, Nexstar (LKQD), OpenX, Primis, Pubmatic, PulsePOint, Quantcast, RhythmOne, ROI Media, Rubicon, Sharethrough, Smaato, Smart AdServer, Sonobi, Sovrn, SpotX, Sublime Skinz, Synacor, Tapjoy, Teads, Telaria, Triplelift, Undertone, Unity, Unruly, Verizon Media / Oath / AOL, Vungle, Yieldmo, Yield Nexus / Answer Media, Zergnet, Powerinbox, ID5, Audigent, Parable, TTD, PubCommon, Merkle M1, Nextroll

Web Beacons

Small graphic images or other web programming code called web beacons (also known as "clear GIFs" or "pixel tags") or similar technologies may be included in our web pages and messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Publisher Websites, to monitor how users navigate the Publisher Websites, or to count how many particular articles or links were actually viewed. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information. To refuse Web Beacons, please follow the instructions below under the section Cookie Management.

HTML

HTML, the language some websites are coded in, may be used to store information on your computer or device about your interaction with and use of the Publisher Websites. This information may be retrieved by us to help us manage our Websites, such as by giving us information about how our Publisher Websites are being used by our visitors, how they can be improved, and to customize them for our users.

Duration of Storage of Cookies on Your Device

We use both "session cookies" (which expire once you close your web browser) and "persistent cookies" (which stay on your computer until you delete them).

Cookie Management

Analytics

To learn about Google Analytics' currently available opt-outs for the Web, please visit here.

Disabling Advertising Cookies

To opt-out of quackr advertising cookies, please select your privacy preferences utilizing the consent management platform on the applicable Publisher Website.

Some of our advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. If you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages after you opt-out, but they will not be customized to you based on your use of the Publisher Websites. If you would like more information about advertisers' use of tracking technologies and about your option not to accept these cookies, you can go to http://www.networkadvertising.org. If you would like to learn more about how interest-based information is collected, whether the companies we use are part of an industry network regarding behavioral advertising and to know your choices about not having information used in this manner, you can go to http://www.aboutads.info. The collection of information via certain ads served to users in Canada may be managed by visiting youradchoices.ca.

Please note that the opt-out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.

When necessary pursuant to applicable law, we will use signals from an IAB-compliant consent management platform running on the Publisher Websites for enabling or disabling advertising cookies.

Using Browser Settings

You can disable and/or delete most types of cookies by using your browser settings. Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others' Publisher Websites. The following links provide information on how to modify the cookies settings on some popular browsers:

Do Not Track Signals

quackr does not act on "do not track" requests from your browser because, this way, we are able to personalize your experiences on our Publisher Websites. For more information, go to http://www.networkadvertising.org or http://www.aboutads.info.

If you have questions about the use of Cookies on our Publisher Websites, please contact us as described in Contact Us below.

Third Party Sites

We are not responsible for the privacy practices of any third parties websites that you may access from the Publisher Website. You understand that this Privacy Policy does not apply to your use of such websites.

Security

We implement appropriate administrative, technical and security safeguards to help prevent unauthorized access, use, or disclosure of the information we collect. However, no systems can be completely secure. Therefore, while quackr uses reasonable efforts to protect your information, quackr cannot guarantee its absolute security, and your use of the Publisher Websites indicates your agreement to assume this risk.

Transfer Information to the United States

If you are located outside of the United States of America ("USA"), please note that the information you provide to us will be transferred to and processed in the USA, where laws regarding processing of personal data may be less stringent than the laws in your country.

Changes to This Privacy Policy

We reserve the right to change this Privacy Policy at any time without prior notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

Disputes

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and quackr arising under or related in any way to this Privacy Policy, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Publisher Websites.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND quackr ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND quackr AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be conducted by JAMS in accordance with its then-current Streamlined Arbitration Rules and Procedures ("JAMS Rules") and will be held in New York, New York. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by JAMS to choose an arbitrator. The current rules may be found on the Internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§116. The arbitrator shall apply New York law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or quackr. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the City and County of New York, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in the City and County of New York, New York.

Contact Us

If you have any questions or concerns about any aspect of this Privacy Policy, please contact our Data Privacy Officer via our contact form.

California Privacy Notice

This Privacy Notice for California residents supplements the quackr Privacy Policy. This Notice applies to website visitors, app users, and customers in California. This supplemental privacy notice gives California residents additional information about our information collection and use practices required by the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA also provides California residents with specific privacy rights, which are outlined in our Privacy Policy here.

This notice provides information about the categories of personal information that we collect from California residents generally, the purposes for which we use the information, the sources of the information, and the categories of third parties to whom we disclose the information for business purposes. More detailed information is available in our Privacy Policy at How We Use Personal Information and How We Share Personal Information.

Information we collect automatically from you and/or your device:

Device information and identifiers such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers.

Purposes of use:

  • Serving and Customizing Advertising
  • Auditing Consumer Interactions (e.g., Ad Reporting, Conversions, Analytics, and Frequency Capping)
  • Service Support and Improvement
  • Our Marketing and Third-Party Marketing Purposes
  • Bug detection and error reporting
  • Security, Fraud, and Legal Compliance

Internet network and device activity data

such as information about your interactions on our Publisher Websites such as information about the activities or actions on those Publisher Websites, the content viewed on the Publisher Websites, the URL that referred you to the Publisher Websites and all of the areas within the Publisher Websites that you visit, and the web sites you visit after the Publisher Websites. See “Cookies and Other Tracking Technologies” below for more information about how we collect and use this information.

Purposes of use:

  • Serving and Customizing Advertising
  • Auditing Consumer Interactions (e.g., Ad Reporting, Conversions, Analytics, and Frequency Capping)
  • Service Support and Improvement
  • Our Marketing and Third-Party Marketing Purposes
  • Bug detection and error reporting
  • Security, Fraud, and Legal Compliance

Sources of personal information:

  • You (through your device)
  • Cookies and tracking technologies

Sources of Personal Information and Third Parties

1. Advertising Information

Advertising information such as the content of the ad, the ad type, where the ad is served, whether you clicked on the ad, and the number of times you have seen the ad.

Purposes of Use:

  • Serving and Customizing Advertising
  • Auditing Consumer Interactions (e.g., Ad Reporting, Conversions, Analytics, and Frequency Capping)
  • Service Support and Improvement
  • Our Marketing and Third-Party Marketing Purposes
  • Bug Detection and Error Reporting
  • Security, Fraud, and Legal Compliance

Sources of Personal Information:

  • You (through your device)
  • Cookies and Tracking Technologies

Categories of Third Parties to Whom We Disclose the Information:

  • Service Providers
  • Our Affiliates, Advertisers, Ad Servers, and Advertising Partners
  • Entities for Legal Purposes
  • Entities for Sales or Transfer of Business or Assets

2. Geolocation Information

Geolocation information such as city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and precise geolocation information from GPS-based functionality on your devices, with your permission in accordance with your device settings.

Purposes of Use:

  • Serving and Customizing Advertising
  • Auditing Consumer Interactions (e.g., Ad Reporting, Conversions, Analytics, and Frequency Capping)
  • Service Support and Improvement
  • Our Marketing and Third-Party Marketing Purposes
  • Bug Detection and Error Reporting
  • Security, Fraud, and Legal Compliance

Sources of Personal Information:

  • You (through your device)
  • Cookies and Tracking Technologies
  • Consumer Data Resellers

Categories of Third Parties to Whom We Disclose the Information:

  • Service Providers
  • Our Affiliates, Advertisers, Ad Servers, and Advertising Partners
  • Entities for Legal Purposes
  • Entities for Sales or Transfer of Business or Assets