Datum Privacy Notice and Addendum for Texas and Virginia Residents
Last updated: October, 10th 2023
This Privacy Notice and Addendum (“Addendum”) supplements our General Privacy Policy and provides additional information to Texas and Virginia residents about how we handle their Personal Information, as required under the Texas Data Privacy and Security Act (“TDPSA”) and Virginia Consumer Data Protection Act (“VCDPA”). This Addendum does not address or apply to our collection and processing of data that is exempt from TDPSA and VCDPA, including publicly available information lawfully made available by state or federal government records or other Personal Information that is exempt under the TDPSA and VCDPA.
Please note: This Addendum is intended solely for Texas and Virginia consumers, so if you are not a Texas or Virginia consumer (that means a resident of either Texas or Virginia, respectively), this Addendum does not apply to you and you should not rely on it.
“Personal Data” (as defined by the TDPSA and VCDPA) means means any information that is linked or reasonably linkable to an identified or identifiable natural person. It does not include de-identified data or publicly available information. While our collection, use and disclosure of Personal Information varies based upon our relationship and interactions with you, in this Addendum we describe, generally, how we have collected and disclosed Personal Information about Texas and Virginia residents in the prior 12 months.
As described in more detail in our General Privacy Policy, the Personal Information we collect varies depending on our relationship with you. For example, the Personal Information we collect directly from visitors to our website and customers or potential customers is generally more limited including, for example, contact information, information about your interactions with our Website, and information you voluntarily provide to us. However, the nature of our services includes obtaining, from third-party service providers, information about mobile devices within households, as well as information associated with those households or locations, which we then use to conduct targeted advertising to such devices on behalf of our customers based on such obtained information. Although this information is never associated with an individual name or identity, such households or locations may belong to Texas and Virginia residents, and thus may arguably qualify as “Personal Data” under the TDPSA and VCDPA. In some cases, we may provide this combined information to our customers so that they may conduct the targeted advertising directly. For more about your rights with respect to such information, please see the section below entitled “Rights of Texas and Virginia Residents with Respect to their Personal Data.”
(1) Categories of Personal Information Collected and Disclosed.
The table below identifies the categories of Personal Information we have collected about Texas and Virginia residents, as well as how we have disclosed such information for a business purpose. For more general information about the business and commercial purposes for which we collect, use and disclose Personal Information, please see the relevant sections in our General Privacy Policy.
| Personal Information Collected | Categories of Third Parties to Whom We May Disclose this Information for a business purpose | |
| Categories | Description | |
| Identifiers | Includes indirect identifiers, such as mobile device number and address. |
• service providers • advisors and agents • affiliates and subsidiaries • advertising networks • data analytics providers • data compilers and aggregators • social networks • third party partners • internet service providers • operating systems and platforms • business customer/client |
| Commercial Information | Includes records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. |
• service providers • advisors and agents • affiliates and subsidiaries • advertising networks • data analytics providers • data compilers and aggregators • social networks • third party partners • internet service providers • operating systems and platforms • data brokers • business customer/client |
| Biometric information | Datum neither collects nor obtains any biometric data from consumers. | N/A |
| Internet Usage Data |
Datum does not obtain such information about consumers from third-party service providers. For Datum website visitors and customers, this includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps and other Services, and our marketing emails and online ads. |
• service providers • advisors and agents • affiliates and subsidiaries • advertising networks • data analytics providers • data compilers and aggregators • third party partners • social networks • internet service providers • operating systems and platforms |
| Geolocation Data |
Datum does not collect this information directly from customers or website visitors. For data obtained about consumers from third-party service providers, Datum obtains latitude and longitudinal data associated with mobile device numbers, and then associates with data with parcel/address information using publicly available records. |
• service providers • advisors and agents • affiliates and subsidiaries • advertising networks • data analytics providers • data compilers and aggregators • third party partners • social networks • internet service providers • operating systems and platforms |
| Audio, electronic, visual, thermal, olfactory, or similar information | Datum does not collect or obtain any of these data. | N/A |
| Professional or employment-related information | Datum may collect this data from employees, potential employees or contractors, or potential customers of Datum services. |
• service providers • advisors and agents • affiliates and subsidiaries |
| Education information |
Datum may collect these data from employees, potential employees or contractors, or potential customers of Datum services. Datum does not obtain these data about consumers from third-party service provider in the course of its Services. |
• service providers • advisors and agents • affiliates and subsidiaries |
| Inferences |
Datum does not collect this data from customers or website visitors. For data obtained from third party service providers in the course of providing services, Datum may obtain information associated with the parcel or household associated with the mobile device number(s) that may include preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes associated with the collected mobile device number. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads. |
• service providers • advisors and agents • our affiliates and subsidiaries • analytics providers • data compilers and aggregators • third party partners |
| Sensitive personal information |
Datum does not collect this information from customers or website visitors. For data obtained from third-party service providers, Datum collects the precise geolocation of mobile devices. In addition, Datum may procure information regarding a limited set of sensitive personal information, such as race, ancestry, national origin, religion, age, sex, marital status, and military status, associated with the parcel or residence associated with those mobile device number. Datum does not collect account information, genetic data, contents of communications, or health information, or information concerning sex life or sexual orientation. |
|
Sources of Personal Information. As further described in the Information We Collect section in our General Privacy Policy, we may collect Personal Information from the following sources:
- directly and indirectly from the individual or their devices
- advertising networks
- data analytics providers
- data brokers / aggregators
- social networks
- public sources
- customers (including via application program interface (API) or other automated electronic processes)
(2) “Sales” of Personal Information.
Under the TDPSA and VCDPA, a “sale” means the exchange of personal data for monetary compensation to a third party. As mentioned above, the Personal Information we collect is never associated with a name or personally identifying information, but we do obtain Personal Information associated with a mobile device or group of mobile devices within a household or location. In the normal course of business, we do not disclose any Personal Information to third parties (including customers), but instead conduct the targeted advertising ourselves on our customers’ behalf. Occasionally, we may disclose such Personal Information to our customers who prefer to conduct the advertising themselves. The disclosure of such data is not in exchange for monetary consideration (e.g., selling the data for money to a data broker, for example), but instead shared as a part of our services rendered to our customers. Datum would take the position that such sharing does not constitute a “sale” of such data. However, to the extent such sharing could be interpreted under the TDPSA and VCDPA as a “sale” of the data in exchange for the fees paid to us for our services by our customers, please see below for your rights with respect to opting out of such sharing. Please also see our General Privacy Policy for a description of various ways you may prevent the collection of Personal Information from your website browser or mobile device by the third party services providers from whom we obtain such data.
(3) Rights of Texas and Virginia Residents with Respect to their Personal Information.
In general, Texas and Virginia residents have the following rights with respect to their Personal Information:
- Do-not-sell (opt-out): to opt-out of our sale, profiling, or targeted advertising of their Personal Information. We do not sell Personal Information about Texas and Virginia consumers who we know are younger than 16 years old. Texas and Virginia residents may opt out of sale, profiling, or targeted advertising of their Personal Information by using one of the options described below in the section “Submitting TDPSA or VCDPA Requests”.
- Right of deletion:to request deletion of their Personal Information that we have collected about them and to have such Personal Information deleted (without charge), subject to certain exceptions. To request deletion of your Personal Information, please see the options described below in the section “Submitting TDPSA or VCDPA Requests”.
- Right to know:with respect to the Personal Information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions): (a) categories of Personal Information collected; (b) categories of sources of Personal Information; (c) categories of Personal Information about them we have disclosed for a business purpose or sold; (d) categories of third parties to whom we have sold or disclosed for a business purpose their Personal Information; (e) the business or commercial purposes for collecting or selling their Personal Information; and (f) a copy of the specific pieces of Personal Information we have collected about them. To request the information described above regarding your Personal Information, please use one of the options described below in the section “Submitting TDPSA or VCDPA Requests.”
- Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the TDPSA or VCDPA. We do not discriminate or offer any variations of our services to customers based on you exercising your rights under the TDPSA and VCDPA.
(4) Submitting TDPSA or VCDPA requests
Texas and Virginia residents may submit TDPSA or VCDPA requests, respectively, to opt out of sales, profiling, or targeted advertising; requests to know (access), and requests to delete their Personal Information through one of the following methods:
- Our webform: Online
- At datumxy.com/opt-out you will also find information about other ways to stop sharing Personal Information with our third-party service providers.
- For all requests: By phone at 1 [insert toll-free number]
- For all requests: By email at privacy@datumxy.com.
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. We may also require proof that you are a resident of the State of Texas or Commonwealth of Virginia. You must complete all required fields on our webform or otherwise provide us with this information via the above toll-free number or email address. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may also submit requests on behalf of consumers using the webform, toll free number or email above; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. Please note that for information obtained from third-party service providers, we will be unable to match your request to Personal Information solely by your name, email address, or general contact information, as we neither collect that information nor associate it with your mobile device number. In order to properly process and respond to your request, you must provide the mobile device number associated with your request.
For more information about our privacy practices, you may contact us at privacy@datumxy.com.