Last Updated: 27 July 2018

VisualDNA, a Nielsen Company (“we” or “us”), with a registered office and principal place of business at Nielsen House, John Smith Drive, Oxford, OX4 2WB, United Kingdom, provides various data analytics and targeted content and advertising services (“Services”) and devises image-based quizzes (“Quizzes”) for our clients and business partners, which include website owners and advertisers (“Clients”) under the VisualDNA, Youniverse and Imagini brands. We also operate a number of websites, including: http://www.visualdna.com and my.visualdna.com (“Sites”).

As the controller of the personal information that you provide us or we collect or process in connection with our Sites, Quizzes and Services, we are committed to protecting your privacy. This Privacy Policy sets out our data processing practices, including how and for what purposes we use the information collected about you or that you provide to us or our Clients through the use of/or in connection with the provision of our Sites, Quizzes and Services or your use of the Internet and any other electronic communications networks.

Where our Quizzes appear on third-party websites or we are providing our Services on behalf of our Clients, any personal information collected may be provided to the website owner and its use will be governed by the relevant website’s terms and conditions and privacy policy, unless otherwise expressly indicated. Please review all third-party websites’ privacy policies carefully before disclosing any personal information, as we are not responsible for the practices of such parties.

If you have any queries or comments about our collection or use of your information, please get in touch by emailing us at nmcdata@nielsen.com.

 

1. Collection of Your Information

We collect personal information from visitors to our Sites or our Clients’ websites, individuals who open advertising emails sent by us or our Clients, participants in our Quizzes and users who interact with online advertisements or otherwise visit websites within our network.

The information we collect may include:

  • Information voluntarily provided by you.
  • Data on your image preferences and information about products and/or pages you viewed when participating in our Quizzes. Although we cannot identify you individually from your image preferences, your responses help us to build a picture of you, your characteristics, lifestyle and/or preferences in order to serve you personalised advertisements and content.
  • Records of our correspondence with you or information from such correspondence if you contact us.
  • Information collected automatically from your device, including:
    • Information from cookies, which are small pieces of information sent by a web server to a web browser that enables the server to collect information from the browser. You can find out more about our use of cookies and how to manage cookies on your device in our Cookie Policy.
    • Your IP address, which is the unique address of your device that is automatically provided to other devices when your web browser or email application requests a web page or email from those devices on the Internet.
    • Information about the type of browser you are using (for example, Firefox, Internet Explorer or Safari).
    • Your hardware or operating system device identifier (for example, IDFA for iOS, Android ID for Android or Google Ad ID).

We may combine the above categories of information with information about you that we get from other sources, including information held by our Clients. Details about our use of your information can be found in the “Use of Your Information” section below.

We do not intend to collect personal information about minors under the age of eighteen (18), and we request that minors not complete our Quizzes or provide personal information through our Sites. If we become aware that we have collected personal relating to a minor, we will take reasonable steps to delete that information from our records.

We also do not seek any sensitive personal information (e.g., information relating to an individual’s racial or ethnic origin, political opinions, religious or other similar beliefs, health or medical conditions, criminal background or trade union membership) through our Sites or Quizzes or in connection with our Services. If you voluntarily provide sensitive personal information for any reason or we are required to collect such information as a result of legal requirements imposed on us, we will, where necessary, obtain your explicit consent and use such information in accordance with this Privacy Policy and applicable law.   

 

2. Use of Your Information

On behalf of our Clients

  • Our Clients include (but are not limited to) businesses operating in the marketing and advertising technology industries, marketing and advertising agencies, consultancies, publishers and brands.
  • We process your information for the purposes of providing our Services for the benefit of and on behalf of our Clients. Our Services involve analysing the categories of information described above to create a picture of your lifestyle, interests and browsing and shopping intent as well as your tastes and preferences. Although most of the information we collect pertains to your browser or device (e.g., cookie ID, IP address) and does not directly identify you, it enables us to create groups of users with similar browsing or behaviour patterns and interests, depending on our Clients’ specifications. We call this process “Modelling” and we call these groups “Audience Groups.”  The Audience Groups can then be used to provide you and others within your Audience Group with content and advertisements that are more relevant to your lifestyle and interests. We call this activity “Ad Targeting.” We also use device-unifying technology to establish the connection between a user’s devices. This enables us to provide targeted advertising services and profile users across our network. You can find out more about our use of cookies here.
  • Our Quizzes may include questions originating from our Clients (including MiQ, who uses this data for measurement and insight purposes and whose privacy policy can be found here) and/or questions that are asked on behalf of specific media buying agencies, platforms and advertisers. These organizations may receive and use your information for the purposes described in this Privacy Policy.  
  • We may also use your information for analytics, strategic research and  development, measurement (e.g., to measure the effectiveness of content and advertisements) and customisation (e.g., to provide you with more personalised service on both our Sites and our Clients’ websites).
  • Where our Clients are using your information for the above purposes, we encourage them to make you aware of this in their privacy policies and to explain how you can opt out of such practices.

For our own purposes

  • Our Sites are generally intended for use by our Clients and other businesses looking to use our Services. We will, therefore, use your information to provide and improve our Services, respond to your enquiries and requests, administer orders and accounts and provide you with information about our Services.  
  • We may also use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit our Sites and customise our Sites’ content, layout and services. You can find out more about our use of cookies here.
  • Where applicable, we comply with the Internet Advertising Bureau’s (IAB) Good Practice Principles for Online Behavioral Advertising.

Data protection laws in certain jurisdictions require that we only collect and process personal information where we have a lawful basis and that we set out in this Privacy Policy the legal grounds upon which we rely to process your information.

If you are based in the European Economic Area (“EEA”), we will process your personal information on the basis of your consent or in connection with our legitimate interests, provided that such interests are not overridden by your interests, fundamental rights or freedoms. We may, for example, process your personal information in reliance on a legitimate interest in the effective and lawful operation of our Sites as well as the effective delivery of our Services. We may have other legitimate interests and, if so, we will make clear what those interests are at the relevant point in time.

To the extent that we process any sensitive personal information relating to you, we will do so because either: (a) you have given us your explicit consent to process the information; (b) the processing is necessary for the establishment, exercise or defence of legal claims or (c) you have made the information manifestly public.

 

3. Disclosures of Your Information

  • We will only share your name, contact details and other information which can directly identify you with our Clients if you have provided your consent. We may share other information, such as your responses to our Quizzes as part of our Services, to enable our Clients to design or improve their services and products and for other marketing-related purposes as described in this Privacy Policy.
  • We may also transfer certain information, such as your IP address and information about your Internet browsing history (e.g., sites visited or interactions with advertisements) and other information collected via cookies, Web beacons and other technologies to our Clients, advertising partners and other third parties within our network. This information, which may be combined with information held by our Clients, may be used to provide advertising, promotions and other products and services that may be of particular interest to you. It may also be used to provide you with a tailored choice of content and media products. We do not provide our advertising and promotions partners with access to your name or contact information unless you choose to share it with them. Additionally, we do not provide your name or contact information to an advertising partner when you interact with or view a targeted advertisement. You can find out more about our use of cookies here.
  • We may engage third parties to provide services on our behalf, which may involve them processing your information (e.g., to complete partial addresses or augment the information we hold about you). Such parties may only act on our instructions and are not able to use your information for their own purposes without your consent.
  • We may transfer, sell or assign any of the information described in this Privacy Policy to third parties in connection with certain corporate transactions, such as  a sale, merger, consolidation, change of control, transfer of assets or re-organisation. However, except as described above or unless we are required to do so: (a) by law; (b) to enforce our terms and conditions of use or (c) to protect the rights, property or safety of our customers or others, we will not disclose, sell or distribute your information to any third party without your permission.
  • All of these disclosures may result in the transfer of your information to countries or regions with data protection laws that differ from those in your country of residence, and by browsing our Sites, participating in our Quizzes and communicating electronically with us, you are acknowledging that your information may be transferred outside your country of residence.  In cases where your information is transferred outside your country of residence, we will ensure that there are adequate safeguards in place to protect your personal information. If you are a resident of the EU/EEA, such safeguard might be a data transfer agreement with the information recipient based on standard contractual clauses approved by the European Commission for transfers of personal information to third countries. For further details relating to the transfers described above and the adequate safeguards used with respect to such transfers, contact us at nmcdata@nielsen.com.  

 

4. Your Choices and Legal Rights

We believe that you should be in control of your information at all times. As such, we provide various choices with respect to your personal information in accordance with applicable law.

Depending on your country of residence, you may have the right to:

  • request confirmation that we are processing your personal information;
  • request a copy of the personal information we hold about you;
  • request that we update the personal information we hold about you or correct such information that is inaccurate or incomplete;
  • restrict the way in which we use your personal information (e.g., if we have no legal right to keep using it) or limit our use of your personal information (e.g., if your personal information is inaccurate or unlawfully held);
  • object to our processing of your personal information;
  • withdraw the consent that you have given us to process your personal information;
  • request that your personal information be transferred to another organization in a structured, commonly used, and machine-readable format (to the extent applicable);
  • request that we delete the personal information we hold about you; and
  • lodge a complaint with the data protection authority in your country of residence regarding our processing of your personal information.  

If you are interested in exercising one or more of the rights described above, please contact us at privacy.department@nielsen.com. Please note that we may request proof of your identity and require you to cooperate with our security checks before we can give effect to these rights.

You can also opt out of our cross-device partner services at any time by following these links: http://www.aboutads.info/choices/ and https://www.ghostery.com/support/global-opt-out/.

Additionally, you can delete the personal information we hold about you by visiting https://www.nielsen.com/us/en/privacy-statement/exelate-privacy-policy/opt-in-opt-out.html and opting out.

If you are based in the EEA and have any questions or concerns about our collection or use of your personal information, please contact our EU Data Protection Officer at privacy.department@nielsen.com. If you are unsatisfied with the way we have handled your personal information or any privacy query or request that you have raised to us, you have the right to complain to the appropriate  Data Protection Authority (“DPA”). To find the contact details of the DPA in your country of residence, please visit http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.  

 

5. Information Security

We have in place reasonable organizational, technical and administrative measures that are designed to protect the information in our possession. Although we do our best to protect your information, we cannot guarantee the security of the data transmitted to our Sites; any transmission is at your own risk.

 

6. Information Retention

We will retain your information for as long as necessary for the fulfillment of the purposes identified in the “Use of Your Information” section above or as otherwise necessary to comply with applicable laws.

 

7. Third-Party Websites

This Privacy Policy applies only to our Sites and not to other websites to which we provide links or other websites which use our Services. We are not responsible for the privacy policies or practices of any other websites, even if you access them using links from our Sites or if you can access our Sites, Quizzes or Services from them. You are, therefore, advised to read the privacy policy of such other websites before disclosing any personal information.

 

8. Changes to this Privacy Policy

We may update and make changes to this Privacy Policy from time to time at our discretion. When we make changes to this Privacy Policy, we will amend the “Last Updated” date at the top of this page, and such modified or amended version of this Privacy Policy shall be effective as to you and your personal information as of that date.   It is your responsibility to regularly check our Sites to see if there have been any changes to this Privacy Policy.

 

9. Contact Us

If you have questions or concerns regarding this Privacy Policy, you should email us at nmcdata@nielsen.com or write us at:

For EEA residents:

Nielsen
Nielsen House
Oxford Business Park South
John Smith Drive
Oxford OX4 2WB
UK
Attn.: Legal Dept.

For residents in all other countries:

Nielsen
85 Broad Street
New York, NY 10004
USA
Attn.: Legal Dept.