Privacy Policy

1. Scope and Role (Service Provider vs. Business)

In connection with some of our Services, we process information on behalf of our business clients. This information is called "Service Data."

• Our clients (for example, brands, agencies, or publishers) decide how and why Service Data is collected and used.
• We process Service Data only as a service provider (or "processor," where applicable), in accordance with our contracts with those clients and applicable laws.
• This Privacy Policy describes, at a high level, how we process Service Data on behalf of our clients, but our clients' own privacy policies govern their collection and use of your information.

If you want to exercise rights over information that our clients collected from you and that we process as a service provider, you should contact the relevant client directly.

2. Definitions

For purposes of this Privacy Policy:

• "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 an identified or identifiable individual. Depending on applicable law, this may also be called "personal data" or "personally identifiable information."
• "Non-Personal Information" means information that does not, on its own, identify an individual. This may include aggregated, anonymized, or de-identified data.
• "Service Data" means any information that our clients or their vendors submit to or collect through our Services, where we process it on their behalf.
• "Processing" means any operation performed on Personal Information, such as collection, storage, use, disclosure, or deletion.

3. Overview of What We Collect

We may collect the following types of information:

1. Information you provide directly to us (for example, contact details you submit via forms or email).
2. Information collected automatically when you use the Website or Services (for example, device identifiers, IP address, usage data, and cookies).
3. Service Data provided by our clients or collected on their behalf.

Our Website and Services are provided from the United States, and all servers that make them available reside in the United States. Data stored in the United States may be subject to lawful requests by courts or law enforcement authorities in the United States. The Website and Services are primarily intended for users located in the United States.

4. Information We Collect Directly From You

We may collect Personal Information when you provide it directly to us, for example when you:

• Fill out a form on our Website
• Contact us by email or phone
• Request information about our Services
• Subscribe to marketing communications

Categories of Personal Information we may collect directly from you include:

• Identity Data - e.g., name, company name, or other identifiers.
• Contact Data - e.g., email address, telephone number, mailing address.
• Marketing and Communications Data - e.g., your preferences in receiving marketing or other communications from us.
• Any other information you choose to provide in communications with us.

Your provision of this information is voluntary, but if you choose not to provide certain information, some features of the Website or Services may not be available to you.

5. Information We Collect Automatically

We, our service providers, and our third-party partners may automatically collect certain information about you and your devices when you use the Website or Services. This information may be considered Personal Information under some laws.

5.1 Cookies and Similar Technologies

We or our vendors may use:

• Cookies
• Web beacons
• Pixel tags
• Clear GIFs
• SDKs or similar technologies

These technologies may collect information such as:

• IP address and approximate location (geo-IP)
• Browser type and settings
• Device type, device identifiers, operating system
• Pages visited, links clicked, and time spent on pages
• Referring and exit URLs (sites visited before or after our Website)

We use these technologies to:

• Operate, secure, and improve the Website and Services
• Remember your preferences
• Analyze how users interact with the Website
• Support advertising and marketing efforts (including interest-based ads)

5.2 Clickstream Data

As you navigate the internet, a trail of electronic information ("clickstream data") is created. We may collect and use clickstream data to:

• Understand how visitors move through our Website
• Measure how long visitors spend on pages
• Improve navigation and user experience

This data is typically used in aggregated or de-identified form, but may sometimes be associated with other information we hold.

5.3 Analytics

We may use third-party analytics tools, such as Google Analytics, to help us understand how users interact with the Website and Services.

Google Analytics uses cookies and similar technologies to collect and store data (e.g., pages visited, IP address). Google may use this data as described in its own privacy policy. You can learn more about Google's data practices and available opt-out mechanisms at: https://tools.google.com/dlpage/gaoptout/

6. Cookies & Tracking - Your Choices

You can control or limit the use of cookies and similar technologies in several ways:

• Browser Settings: Most browsers allow you to refuse or delete cookies.
• Analytics Opt-Out: Use tools such as the Google Analytics opt-out browser add-on.
• Device Settings: Some mobile operating systems allow you to limit ad tracking or reset advertising IDs.

If you disable cookies, some features of the Website or Services may not function properly.

We may also provide a cookie banner or preference center on the Website where you can manage certain cookie settings.

7. How We Use Your Information

We may use Personal Information and other information for the following purposes:

1. To provide and operate the Services
   • Deliver and manage our Services for you and our clients
   • Communicate with you about your use of the Website and Services
2. To respond to your requests and communications
   • Answer inquiries and provide customer support
   • Send administrative information, such as updates or changes to terms and policies
3. To personalize content and experiences
   • Tailor content and offerings to your interests
   • Remember your preferences and settings
4. For analytics, research, and improvement
   • Monitor and analyze usage and trends
   • Develop new products, features, and functionality
   • Improve the performance, security, and usability of the Website and Services
5. For marketing and advertising
   • Send you promotional communications (where permitted by law)
   • Deliver advertising, including interest-based/behavioral advertising
   • Measure the effectiveness of our marketing campaigns
6. For security and fraud prevention
   • Detect, investigate, and prevent fraudulent or illegal activity
   • Maintain the safety, security, and integrity of the Website, Services, databases, and business
7. For legal and compliance purposes
   • Comply with applicable laws, regulations, legal processes, or governmental requests
   • Enforce our terms and agreements
   • Protect our rights, property, privacy, or safety, and that of our clients, users, or others
8. In connection with business transfers
   • Evaluate or facilitate mergers, acquisitions, reorganizations, or other business transactions involving Near&Dear
9. With your consent
   • For any other purpose for which you specifically consent.

7.1 Use of Service Data

With respect to Service Data, we use that information solely to:

• Provide Services to our clients
• Fulfill our contractual obligations
• Support, maintain, and improve the Services (in a way that does not identify individuals, where required)

We may supplement Personal Information we collect with information from other sources (online and offline) in accordance with applicable laws.

Non-Personal Information (including aggregated or de-identified data) may be used and disclosed for any purpose permitted by law. If we combine Non-Personal Information with Personal Information, we treat the combined information as Personal Information.

8. How We Share Your Information

We may share Personal Information and other information as described below or at the time of collection.

8.1 Service Providers and Vendors

We may share your information with third-party service providers that perform services on our behalf, such as:

• Website hosting and infrastructure
• Data storage, analytics, and reporting
• Information technology and security services
• Customer support and email delivery
• Auditing, accounting, and anti-fraud services

These service providers may only use Personal Information as needed to perform services for us and are not authorized to use it for their own independent purposes.

8.2 Legal Compliance and Protection of Rights

We may disclose information as we believe necessary or appropriate:

• To comply with applicable laws or legal processes
• To respond to requests from governmental or public authorities
• To enforce our Terms and Conditions or other agreements
• To protect our rights, privacy, safety, or property, and/or that of our affiliates, clients, users, or others
• To pursue available remedies or limit damages we may sustain

8.3 Business Transfers

We may disclose or transfer information, including Personal Information, in connection with any actual or contemplated:

• Merger, acquisition, sale of assets, financing, or reorganization
• Bankruptcy, insolvency, or receivership

In such cases, your information may be among the assets transferred.

8.4 Cross-Device Matching and Advertising Partners

We may work with partners who help us:

• Recognize you or your devices across different sites, apps, or channels
• Deliver more relevant advertising and measure its performance

These partners may use cookies, device IDs, hashed identifiers, or similar technologies to match your activity across devices and platforms, subject to applicable law and your choices.

8.5 Aggregated or Non-Personal Information

We may share aggregated or de-identified data with third parties (e.g., business partners, advertisers, or researchers) for purposes such as analytics, improving our Services, or market research.

9. Interest-Based Advertising & Do Not Track

Third parties such as ad networks, analytics companies, and social media platforms may collect information about your online activities over time and across different websites and services to provide interest-based advertising.

To learn more about interest-based advertising and to opt out:

• Network Advertising Initiative (NAI): http://www.networkadvertising.org/choices/
• Digital Advertising Alliance (DAA): http://www.aboutads.info/choices

Important notes:

• Opting out does not mean you will stop seeing ads; it means the ads may be less tailored to your interests.
• Cookie-based opt-outs are device- and browser-specific and may be reset if you clear cookies.
• If we perform cross-device matching, we will not use new data from an opted-out device for interest-based advertising on other devices, and vice versa, as described by the applicable program rules.

Do Not Track (DNT):

Some browsers offer a "Do Not Track" (DNT) signal. There is currently no universally accepted standard for responding to DNT signals. At this time, we do not respond to DNT signals. We will update this policy if that changes.

10. Your Privacy Rights

Your rights may vary depending on where you live. Subject to applicable law, you may have the right to:

• Access - Request confirmation whether we process your Personal Information and receive a copy.
• Correct (Rectify) - Request correction of inaccurate or incomplete Personal Information.
• Delete (Erase) - Request that we delete certain Personal Information.
• Restrict or Object - In some cases, object to or request restriction of our processing.
• Opt Out of Marketing - Opt out of receiving marketing communications at any time.
• Data Portability - In some cases, request a copy of your data in a portable format.

To exercise your rights, please contact us at: privacy@nearanddear.agency

We may need to verify your identity before processing your request and may deny a request where permitted by law (for example, where we must retain data for legal or compliance reasons).

10.1 California Residents (CCPA/CPRA)

If you are a California resident, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the "CCPA"), may provide you with additional rights regarding your Personal Information.

When we act solely as a service provider on behalf of our clients, we process Service Data in accordance with our agreements and at our clients' direction. If you wish to exercise your CCPA rights with respect to Service Data, please contact the relevant business that collected your information.

When we act as a business with respect to your Personal Information (for example, through our own Website):

• You may have the right to know what categories of Personal Information we collect and how we use them.
• You may have the right to access specific pieces of Personal Information we hold about you.
• You may have the right to delete certain Personal Information.
• You may have the right to correct inaccurate Personal Information.
• You may have the right to limit the use and disclosure of sensitive Personal Information, if applicable.
• You may have the right to opt out of the sale or sharing of Personal Information for cross-context behavioral advertising.

Sale or Sharing of Personal Information:

We do not knowingly "sell" Personal Information as that term is typically defined under the CCPA. To the extent our use of advertising or analytics could be considered a "sale" or "sharing," you may opt out of such practices by contacting us at privacy@nearanddear.agency and adjusting your cookie and advertising preferences as described above.

We will not discriminate against you for exercising any CCPA rights.

10.2 Shine the Light (California Civil Code Section 1798.83)

California residents may request:

• A list of the categories of personal information we have disclosed to third parties for their direct marketing purposes during the preceding calendar year; and
• The names and addresses of those third parties.

To make this request, please email us at privacy@nearanddear.agency with "Shine the Light Request" in the subject line.

If you do not want your personal information shared with any third party for their direct marketing purposes, you may opt out of such disclosures by emailing us at privacy@nearanddear.agency.

11. Data Security

The security of your information is very important to us. We use reasonable administrative, technical, and physical safeguards designed to protect the information we collect, including:

• SSL encryption for data in transit (when reasonably available)
• Access controls limiting which employees can see your Personal Information
• Secure data storage practices

However, no method of transmission over the internet or method of electronic storage is completely secure. We cannot guarantee absolute security. Your use of the Website and Services is at your own risk.

If you believe your interaction with us is no longer secure, please notify us immediately at: privacy@nearanddear.agency or (888) 525-4121.

12. Data Retention

We will retain your Personal Information:

• For as long as your inquiry or account is active;
• As needed to provide the Website and Services;
• For a reasonable period thereafter, in accordance with our standard retention procedures; and
• As necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

We may retain and use aggregated, anonymized, or de-identified data indefinitely, as it does not identify you personally.

We are not responsible for disclosures of your data resulting from unauthorized acts of third parties.

13. International Users and GDPR Notice

Our Website and Services are intended primarily for users located in the United States and are operated from the United States.

If you are accessing the Website from outside the United States:

• Your information may be transferred to, stored in, and processed in the United States or other countries, where data protection laws may differ from those in your jurisdiction.
• We do not specifically market our Services to individuals in the European Economic Area (EEA), United Kingdom, or other regions with similar laws; if you are located there, you should not use the Website or Services unless you are comfortable with this data transfer and processing framework.

If, despite this, you are in the EEA/UK and believe your rights under the GDPR or similar law apply, you may contact us at privacy@nearanddear.agency, and we will consider your request in accordance with applicable law.

14. Protection for Children

Our Website and Services are intended for users 18 years of age and older.

• We do not knowingly collect Personal Information from children under 13.
• If we learn that we have collected Personal Information from a child under 13, we will take reasonable steps to delete it as soon as possible.

If you believe we may have collected Personal Information from a child under 13, please contact us at: privacy@nearanddear.agency.

15. Third-Party Websites and Services

The Website and Services may contain links to third-party websites, services, or content that we do not control.

• We are not responsible for the privacy practices of any third parties.
• We encourage you to review the privacy policies of any third-party sites or services you visit.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do:

• We will revise the "Effective Date" at the top of this page; and
• Changes will apply on a going-forward basis (prospectively).

Your continued use of the Website or Services after we post any changes signifies your acceptance of the updated Privacy Policy. We encourage you to review this page periodically for the latest information on our privacy practices.

17. Contact Us

If you have any questions, concerns, or requests relating to privacy, you can contact us at:

• Email: privacy@nearanddear.agency
• Phone (Toll-Free): (888) 525-4121

Near&Dear, LLC
200 N Pacific Coast Hwy #110
El Segundo, CA 90245