DÉCLARATION DE CONFIDENTIALITÉ

Overview

This privacy policy applies to Affinity Global Inc. and its subsidiaries and covers its automation platform for publishers, NucleusLinks.ai (collectively, “NucleusLinks,” or “we“, “us“, “our“).

NucleusLinks is a SaaS platform for publishers to help them revolutionize how they monetize content.

We are committed to protecting your privacy. The purpose of this notice is to supply you with therequired information at the time of providing us with your personal data. This Privacy Noticeexplains how we collect, use and disclose your personal data and what rights and options youhave in this respect. This should help you feel more confident about privacy and security of yourpersonal data.

We are aware of the importance of the processing of personal data for the user and, accordingly, comply with all relevant legal requirements. The protection of your privacy is of utmostimportance to us. Please read this entire document to fully understand our actions.

1. Services

NucleusLinks provides the following services to publishers:

• Automated Decisions - Creating an auction for every click-out between CPA, CPS, and CPC partners
  ‍
• Consolidated Reporting - Aggregating revenues from multiple demand partners in one simplified dashboard

It is our policy to respect your privacy regarding any information we may collect while using our services and websites, collectively called the Services.

Domains and Websites for this Policy

For the purposes of this Policy, the term, “Websites”, shall refer collectively to Home | Elevate Your Affiliate Earnings with NucleusLinks! as well as the other websites that the Affinity Group operates and that link to this Policy.

Please note that services offered under NucleusLinks are operated and managed by our parent entity, Affinity Global Inc. Accordingly, any personal data collected through is processed under the responsibility of Affinity Global Inc., in accordance with this Privacy Policy and applicable data protection laws.

2. Information We Collect

Personal data is any information relating to an identified or identifiable individual. This includes the following categories of personal data that we process.

2.1 Processing via our Own Online Presence

2.1.1 Information collected automatically:

In certain cases, we automatically collect personal data when you use our Website/Services. This data is recorded in log files or other such files. Examples of such data include IP addresses.

2.1.2 Information provided by you:

We collect personal data when you use our website/services or provide the personal data directly to us.

2.1.2 a) For creation of user accounts

– Name

– Email address

– Password

– Telephone number

– Correspondence address

– Billing details

2.1.2 b) Contact

If you contact us e.g. by phone, email, post, by using our contact forms on our website or in any other way with a request or if we contact you, we do process your personal data, e.g. your name, address, telephone number as well as the content of the message.

2.1.2 c) Webinars

You can register for webinars on our website. For this purpose, the following personal data is required: first name, last name, company, email address, position.

2.1.2 d) Case Studies

You can download different case studies from our website. Before the download link is released, the following personal data is requested: first name, last name, company, email address, position.

2.1.2 e) Newsletter

On our website we offer you the possibility to sign up for our newsletter. We want to ensure the authenticity of your email address, so once you sign up for our newsletter an email is sent out to you which includes a link to click and confirm the subscription. Only after the confirmation click is completed will you officially be added to our mailing list.

2.1.2 f) Comment Function on Our Blog

You can write and publish comments under the blog posts on our website. We request your name or a pseudonym for you to be able to publish your comment. As an option, you can also enter your website. In addition, your IP address and email address will be recorded and queried. We request this information to enable transparent and individual communication between authors and commentators.

The storage of the IP address as well as the email address is necessary in order to be able to defend ourselves against liability claims in case of a possible publication of illegal content. We also need your email address in case we need to contact you if a third party objects to your comment as illegal. In addition, the IP and email address are stored in order to avoid spam.

2.2 Data Collection and Processing via our Services

Data Required by the SaaS Platform:

• Publisher’s Data - We collect personal data when you sign-up for our SaaS platform. For the creation of user accounts, you provide your name, email address, password, telephone number, and other details for invoicing

• Data Shared by the Publishers - We do not collect personal data through our SaaS platform. When publishers integrate with ourSaaS platform, we get access to the data such as the Publisher’s network/demand partner’s name, Geography from where the publishersget the data, number of clicks, and earnings per geography
• Log Data - Our servers automatically collect information when you access or use our applications and services. This data is recorded in log files.
• During some of your website visits, we may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may use this information to measure website activity, to develop ideas for improving our websites, and for any other purpose to the extent permitted by applicable law.
  ‍

The legal basis for the processing of your personal data is your consent, which you have declared to the publisher using their privacy manager/consent management tools. NucleusLinks processes the data in accordance with the contract with the publishers.

3. How We Use Your Data

How we use your personal data will depend on which Services you use and how you use those Services.

We may use the information we collect via our online presence to send our newsletters and to communicate with you by responding to your requests, comments, and questions.

In such instances, NucleusLinks will only do so where we have either received consent from you or we have assessed that there is a legitimate interest for us to send you the communication. When assessing legitimate interest, we will balance our interest with your rights and will only send communications where you would reasonably expect to hear from us. You may opt out of receiving this information when we collect details or at any time by using the details in the ‘Contact Information’ section of this notice.

We may use the information we collect via our Services/Tools to:

• Sign the publishers up for the platform and provide automation services.
• Invoicing/payment processing.
• Automation of click calculation and performance optimization.
• Consolidated reporting – aggregating revenues from multiple demand partners

4. Lawful basis for processing

We process your personal data only when we have a lawful basis. We process your personal data only when we have a lawful basis.

Presently, we use the following:

Consent – We process your data if you have given your consent freely for the same. Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time. Please contact us using the details in the ‘Contact Information’ section of this notice to revoke the consent for receiving business offers after webinars.

Performance of contract – We process your data when it’s necessary for the performance of the contract. For example, if the processing is necessary to fulfil our commitments under the applicable terms of service.

The fulfilment of legal obligations – We will also process your data in accordance with our obligations under legal regulations.

Legitimate Interest – We may also process your data on the grounds of legitimate interest for a particular processing activity. When processing your data, we pursue the following legitimate interests:

– The improvement of our offer,

– The protection of our systems against misuse,

– The production of statistics,

– The storage of our correspondence with you,

– In corresponding with you for business purposes,

– For personalized content creation regarding newsletter.

5. Users under the age of 16

The Sites and Services do not knowingly collect personal information from users under the age of 16.

If you are under the age of 16, you are not permitted to use the Sites and Services or to disclose Personal Information. If we learn we have collected or received Personal Information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

6. Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, as well as to provide information about your actions to the owners of the website.

The categories of cookies used are:

• Strictly necessary cookies - These cookies are needed to run our website, keep it secure, and comply with regulations that apply to us.
• Performance/analytics cookies - We may use performance/analytics cookies on our website. These cookies collect information about how visitors use our website and services, including which pages visitors go to most often and if they receive error messages from certain pages. It is used to improve how our website functions and performs
• Marketing Cookies - We may use cookies storage required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.

NucleusLinks uses cookies to identify and track visitors, their usage of website, and their website access preferences. NucleusLinks visitors can control cookies through Cookies Settings.

For more details about how we use these technologies, please see our Cookie Policy

Click here to view the Cookie Declaration.

7. Data Retention Policy

We store your data,

– if you have consented to the processing, at most until you revoke your consent;

– if we need the data for the execution of a contract, at most for as long as the contractual relationship with you exists;

– if we use the data on the basis of a legitimate interest, at most for as long as your interest in deletion or anonymisation does not outweigh the data;

– insofar as statutory storage obligations exist, until the end of the storage periods.

8. Your information shared with others

8.1 Recipients of your data

NucleusLinks may share the Website user’s data we collect or receive about you as described in this Policy as follows:

• Employees and Subsidiaries- We at NucleusLinks might share your personal data with our employees, subsidiaries that need to know in order to help us provide our services or to process the information on our behalf.
• Marketing Partners- We may share your information with data partners who help us with better understanding your preferences by providing data enrichment services and measurement companies who help us with attribution and tracking of advertisements distributed through us
  ( “Marketing Partners”)

• Content Providers- We may share personal information we collect about you with our content providers who provide content to be displayed on our websites.
• Service Providers- We may share personal information we collect about you with our third- party service providers. The categories of service providers to whom we entrust personal information include: IT and related services such as cloud-based data centers, analytics service providers; service providers for fraud detection; CRM and email marketing services.‍
• Disclosures to Protect Us or Other- We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.‍
• Disclosures in the Event of Merger, Sale, or Other Asset Transfers- If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

• Legal Requirement- We provide your personal data when we are required to provide such information in response to a court order or other applicable law or legal process
• Regulators and Auditors- NucleusLinks may share the personal data with the regulators, the Financial Conduct Authority, or any relevant regulatory authority where they are entitled to the disclosure. Also, we may be required to share information with auditors appointed by the providers of such products or services.
• Links to other sites- Our website may contain links to the websites of other organizations. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. This Privacy Policy does not cover how those organizations process your personal information. We encourage you to read the Privacy Policies on the other websites you visit.
  ‍

8.2 Cross-Border Data Transfers

Personal information we hold about you may be transferred to other countries outside your residential country for any of the purposes described in this Privacy Policy.

Personal information for individuals from the European Union or the UK will not be transferred outside the European Union.

We will comply with applicable legal requirements providing adequate protection for the transfer of Personal Data to recipients in countries outside the country in which the information originally was collected.

Affinity Global Inc. has been certified and is now acting as an active participant in the EU-US Data Privacy Framework as set forth in the Commission’s Implementing Decision of July 10, 2023, pursuant to the GDPR on the adequate level of protection of personal data between EU and U.S.. Detailed information can be found by searching for Affinity Global Inc. on the website https://www.dataprivacyframework.gov/list or in the Annexure B of Privacy policy - Affinity).

9. Security Measures to Protect Your Data

Security Measures

We implement security controls to prevent breaches and unauthorised access to your data.

We maintain reasonable and appropriate security measures to protect Website user’s data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Examples of security measures include physical access control, role-based access to data, monitoring for threats and vulnerabilities etc.

Protection of personal information

Our Sites and Services uses commercial efforts to maintain safeguards for protection of your Personal Information.

NucleusLinks takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.

10. Your Rights

Data Subjects have certain rights in respect of their personal data. The rights given with respect to your personal data include:

• The Right of Access: You have the right to access personal data and supplementary information. You can ask us for a copy of your personal information.
• The Right to Rectification: You can ask us to change, update or fix your data in certain cases, particularly if it is inaccurate.
• The Right to Erasure: You can ask us to erase or delete all or some of your personal information (e.g., if it is no longer necessary to provide Services to you) without undue delay.
• The Right to Restriction of Processing: You can ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if you think your personal information is inaccurate or unlawfully held).
• The Right to Data Portability: You have the right to data portability which provides the right to receive your personal data in a structured, commonly used and machine-readable format, and have the right to transmit the same to another controller.
• The Right to Object: You have the right to object to the processing of personal data.
• Automated individual decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you (data subject).
• The right to withdraw consent: You have the right to withdraw your consent at any time with effect for the future. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
• The right to lodge a complaint: You have the right to lodge a complaint with the supervisory authority if you are dissatisfied with the way we handle or process your personal data.

‍

Whenever you use our services, we aim to provide you with easy means to access, modify, delete, object to or restrict the use of your personal information.

We strive to give you ways to access, update/modify your data quickly, or delete it unless we have to keep that information for legal purposes. These rights can be exercised by contacting us using the details set out in the "Contact Information" section below.

For the data we collect through our Services/Tools, we receive requests from our publishers and advertisers.

Account Closure

We keep some personal data even after account closure. Once you choose to close your account, we generally delete your personal information within 3 years of closure of your account. Some information that is necessary for statutory obligations such as records of payment processing, invoicing data will be retained as necessary.

11. Contact Information

You can contact us about this privacy policy or use of our services.

If you have questions or complaints regarding this Policy, you may contact us through email at compliance@affinity.com. You may contact us at our mailing address below

20 N. Wacker Drive, 12th Floor,

Chicago, IL 60606

Our external Data Protection Officer for data subjects in the EU/EEA or UK:

ePrivacy GmbH

represented by Prof. Dr. Christoph Bauer

Burchardstrasse 14, 20095 Hamburg

If you are an individual who are in the EU/EEA or UK with any questions or concerns about your personal data, please email compliance@affinity.com. If you wish to communicate directly with our data protection officer in the EU/EEA or UK (for example if you have a particularly sensitive matter for example), please contact them by post, as communication by e-mail could always have security gaps.

We have further appointed a representative of controllers or processors not established in the UK (Article 27 UK-GDPR):

UK Representative

Service for GDPR Ltd. 10

7 Savoy Court

London WC2R 0EX

United Kingdom

www.eprivacy.eu/en/legal

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are aware of how and why we are using such information.

12. Privacy policy change

We reserve the right to change this Privacy Policy at any time with future effect. You will always find the current version on this website. You should therefore visit this website regularly to find out about the current status of our privacy policy.

13. ANNEXURE:

Jurisdiction-specific provision:

13.1 California Privacy Rights Act (CPRA)

This CPRA Privacy Policy describes NucleusLinks’s practices regarding the collection, use, and disclosure of the personal information of California residents, describes the rights of California residents under the California Privacy Rights Act (“CPRA”), and explains how California residents may contact NucleusLinks to exercise those rights. This CPRA Privacy Policy only applies to the personal information of California residents.

CPRA Categories of Personal Data:

No Sale of Personal Data

NucleusLinks has not sold Personal Data in the preceding twelve (12) months.

Right to Opt-Out of the Sale of Personal Data:

NucleusLinks does not sell your personal data.

If in case, NucleusLinks ever changes its policy and choose to sell personal data, you would have the right to opt-out of the sale of your personal data by clicking on the “Do not sell my personal data” link.

Sensitive data:

We do not generally seek to collect sensitive data through this site or otherwise. In the limited cases where we do seek to collect such data, we will do this in accordance with California Privacy Rights Act(“CPRA”) requirements. If in case, NucleusLinks ever chooses to use Sensitive Personal Data, you would have the right to limit the use of your sensitive personal Data.

The term “sensitive data” refers to the various categories of personal data identified by CPRA as requiring special treatment, including in some circumstances the need to obtain explicit consent from you. These categories include racial or ethnic origin, political opinions, religious, philosophical, or other similar beliefs, membership of a trade union, physical or mental health, biometric or genetic data, sexual life or orientation, or criminal convictions and offences (including information about suspected criminal activities).

Disclosures of Personal Data for a Business Purpose:

In the preceding twelve (12) months, NucleusLinks has not disclosed Personal Data for business purposes.

Your Rights

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA rights and explains how to exercise those rights.

Access to Specific Information

You have the right to request that Affinity disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

– The categories of personal information we collected about you.

– The categories of sources for the personal information we collected about you.

– Our business or commercial purpose for collecting or selling that personal information.

– The categories of third parties with whom we share that personal information.

– The specific pieces of personal information we collected about you (also called a data portability request).

– If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request Affinity delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

– Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

– Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

– Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.

– Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546  seq.).

– Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.

– Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

– Comply with a legal obligation.

– Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Correct Inaccurate Personal Information

You have a right to request for correction of Inaccurate personal information. We shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer.

Right to Know What Personal Information is Sold or Shared and to Whom

You have a right to request us information about what personal information is sold or shared by us and with whom. Once request received, we shall disclose the following:

– The category or categories of consumers’ personal information it has sold or shared, or if we have not sold or shared consumers’ personal information, it shall disclose that fact.

– The category or categories of consumers’ personal information it has disclosed for a business purpose, or if we have not disclosed consumers’ personal information for a business purpose, it shall disclose that fact.

Right to Opt Out of Sale or Sharing of Personal Information

You have a right to opt out of sale or sharing of personal information if we sell or share such personal information. We shall prohibit from selling or sharing the consumer’s personal information after its receipt of the consumer’s direction, unless the consumer subsequently provides consent, for the sale or sharing of the consumer’s personal information.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have a right to request us to limit Use and Disclosure of Sensitive Personal Information. Upon such request we shall prohibit, from using or disclosing the consumer’s sensitive personal information for any other purpose after its receipt of the consumer’s direction unless the consumer subsequently provides consent for the use or disclosure of the consumer’s sensitive personal information for additional purposes.

Right of No Retaliation Following Opt-Out or Exercise of Other Rights – Non-Discrimination

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:

– Deny you goods or services.

– Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

– Provide you a different level or quality of goods or services.

– Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

– Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

– Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Response Timing and Format

We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

CONTACT FOR MORE INFORMATION

If you have any questions or concerns about NucleusLinks's Privacy Policy and practices, please contact us by email at compliance@affinity.com , or by mail at:

20 N. Wacker Drive, 12th Floor,
Chicago, IL 60606

Privacy policy change

We will review and update this CPRA Privacy Policy periodically and will note the date of its most recent revision at the top of this CPRA Privacy Policy. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you about such changes prior to such changes taking effect, if required by applicable data protection laws. We encourage you to review this Policy frequently to be informed of how NucleusLinks is protecting your information.