Statement about mobile devices and data privacy detailing our approach with respect to data we receive from our partners
LAST UPDATED: October 24, 2018
1. Introduction and Background
Advan Research Corporation, LLC., a U.S. corporation with offices at 380 Lexington Avenue, 17th Floor, New York, NY 10168 ("Advan, "we", "us") is committed to protecting and respecting privacy and the protection of information that may be used to identify you directly or indirectly ("Personal Data").
This Statement explains our approach with respect to data we receive from our partners, such as data aggregation services (the "Partners"). The technologies utilized by the Partners interact with mobile devices in the physical world through cellphone (aka "mobile") applications (collectively "Apps" and individually, "App"), GPS, mobile device Bluetooth connections, and Wi-Fi connections. In this Statement we also provide information on some of the methods available to individual users of mobile devices ("you" or "user") to limit the collection of data from or about their mobile devices by the Partners.
2. How Does Advan Obtain Data And What Data Do We Obtain?
We receive data from our Partners. Some of the data we receive from our Partners may constitute Personal Data under applicable laws.
The data provided by the Partners may include:
The data provided by our Partners does not include data that directly identifies you, such as your name, mobile phone number, or your email address.
We process the data provided by our Partners based on our legitimate interest of providing, improving, and analyzing our location-based products and services and, where appropriate or as required by law, based on your consent that you have provided to our Partners. Please be reminded that you have the right to withdraw your consent at any time. We balance our legitimate interests with the privacy interests of the users of mobile devices and incorporate privacy-enhancing technologies such as data aggregation and data retention limitations into our data processing platform.
3. What Do We Do With Partner-Provided Data And For What Purposes Is It Used?
We analyze and contextualize the data provided by our Partners for purposes of providing traffic, visitation and people-based movement measurements to our clients. Example use cases for the data are investing purposes, advertising, audience segmentation, people-based movement analytics, improving business decision making by better understanding of customer movement patterns, assisting municipalities in urban planning by enhanced understanding of movement patterns, or similar purposes that utilize location-analyzed data. We may also provide all or a portion of the data with certain clients for their own business purposes. The data may also be used for the purpose of improving and analyzing the various services provided by us.
4. In What Ways Can I Control the Collection of Mobile Device Data?
Data Collected Through Apps
a) Privacy Policies
b) Device Settings
All major mobile device operating systems enable the users of mobile devices to control the types of data collected in and through Apps.
Apple instructions on how to control iOS device location settings can be found here:https://support.apple.com/en-us/HT203033
Apple instructions on how to limit ad tracking on iOS devices can be found here:https://support.apple.com/en-us/HT202074
For other privacy-related settings on iOS, please go to Settings from your mobile device"s home screen, and select "Privacy."
Android instructions on how to control device location settings can be found here:https://support.google.com/nexus/answer/6179507?hl=en&ref_topic=6179522
Android instructions on how to limit ad tracking on Android devices can be found here:https://support.google.com/nexus/answer/3118621?hl=en.
Data Collected Via Bluetooth
All major mobile device operating systems enable the users of mobile devices to disable Bluetooth from functioning.
You can disable Bluetooth by going to "Settings" from your Device"s home screen; select "Bluetooth"; and turn Bluetooth off.
You can disable Bluetooth by going to the Settings app, then "Wireless and networks," where you can disable Bluetooth.
5. How Does Advan Disclose the Partner-Provided Data to Third Parties?
We may disclose the data provided by the Partner with third parties such as advertising networks, advertising publishers, and advertisers, research companies, data brokers, financial institutions, data analytics platforms, in accordance with the terms of the agreements, and only for the purposes of performing such agreements, that we have in place with such third parties. Such disclosures do not include any data that can directly identify a user of a mobile device, such as a name, mobile phone number, or an email address.
We may also disclose data provided by our Partners to:
6. How Do I Check Whether Advan Has the Advertising ID of My Mobile Device and Can I Block It From Further Use by Advan?
You can find your mobile device"s Advertising ID on iOS by going to Settings, General, and by clicking on "About", and on Android by going to Settings, then selecting "Ads". You can email Advan at email@example.com, including the Advertising ID in your email, and request the blocking of the Advertising ID from further use or disclosure by Advan. If we have that Advertising ID, once we have blocked the Advertising ID, you will receive a confirmation email from us. Please bear in mind that the blocking of the Advertising ID by Advan following your request to that effect will not have an impact on any uses or disclosures that have already taken place. If you choose to reset your mobile device"s Advertising ID, you will have to request blocking of the Advertising ID from further use or disclosure by Advan once again. Please also bear in mind that any additional devices you may possess have other Advertising IDs. Finally, please be aware that the use of any of the measures enlisted in this Statement does not mean that no advertising will be directed at your mobile device.
7. Other Rights You Have
We take steps to help ensure that you able to exercise your rights regarding Personal Data about you in accordance with applicable law. If you would like to access, erase, or object to, or restrict the processing of Personal Data we collect, you may submit a request to firstname.lastname@example.org. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at email@example.com, so we have an opportunity to address your concerns directly before you do so.
8. How Long Does Advan Keep The Data
As a matter of policy, Advan retains data received from our Partners as long as the data is needed for the purposes described above in Section 3 or as long as required by law.
Finally, unless we are legally required to do otherwise, if you submit a request in accordance with the instruction set out in Section 6 above, we only retain that Advertising ID for purposes of blocking it from further use and disclosure by Advan.
9. The EU General Data Protection Regulation (GDPR)
As of May 25, 2018, a new data privacy law known as the EU General Data Protection Regulation (or the "GDPR") will be in effect through the EEA countries and Switzerland. The GDPR requires Advan and any of our clients that receive data that may constitute Personal Data, to provide users with certain information about the processing of their "Personal Data." "Personal Data" is a term used in Europe that means, generally, data that identifies or can identify a particular unique user or device "“ for instance, names, addresses, cookie identifiers, mobile device identifiers, precise location data and biometric data.
To comply with the GDPR, we provide the below representations and information, which are specific to persons located in EEA countries or Switzerland; please refer to our policies above if you reside outside those geographical regions:
a. Legal grounds for processing your Personal Data
The GDPR requires us to tell you about the legal basis we"re relying on to process any Personal Data about you. The legal basis for us processing your Personal Data for the purposes set out in Section 3 above is typically because:
The processing is in our legitimate interest. In some cases, we use legitimate interest as a legal basis for processing Personal Data. We rely on legitimate interest when we use Personal Data to maintain the security of our services, such as to detect fraud or to ensure that bugs are detected and fixed. We also rely on legitimate interest when we use our own customers" data to communicate with them about our Services.
b. Transfers of Personal Data
As Advan works with global companies and technologies, we may need to transfer your Personal Data outside of the country from which it was originally provided. For instance, we may transfer your data to third parties that we work with who may be located in jurisdictions outside the EEA or Switzerland, and which have no data protection laws or laws that are less strict compared with those in Europe.
When we transfer Personal Data outside of the EEA or Switzerland, we take steps to make sure that appropriate safeguards are in place to protect your Personal Data. In general, our data transfers of our Personal Data are safeguarded by European Standard Contractual Clauses and Data Processing Agreements where this is required by European Data Protection Law. Feel free to contact us at the contact information below for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances.
c. Personal Data Retention
Our data retention policies are explained in section 8 above.
d. Your Rights as a Data Subject
The GDPR provides you with certain rights in respect of Personal Data that data controllers hold about you, including certain rights to access Personal Data, to request correction of the Personal Data, to request to restrict or delete Personal Data, and to object to our processing of your Personal Data (including profiling for online ad targeting).
Please note that we will only grant requests for access for Personal Data for which we are a data controller, as explained further in sub-section (e) below. Where we act as a processor for one of our customers, we will refer your request to that customer. Please identify the customer your request refers to (if possible), to simplify this process.
e. Advan as a data controller and a data processor
EU data protection law makes a distinction between organisations that process Personal Data for their own purposes (known as "data controllers") and organisations that process Personal Data on behalf of other organisations (known as "data processors"). As noted above, we are not always a data controller of the data in our possession, but are sometimes a data processor for other companies such as our customers. In such cases, we may direct your inquiry to the relevant data controller, since data controllers are the ones with primary responsibility for your Personal Data.
f. Sharing of Personal Data
10. Changes to This Statement
From time to time we may change this Statement. You can tell when changes have been made to the Statement by referring to the "Last Updated" legend on top of this page. Please review this Statement regularly to ensure that you are aware of any changes.
11. Questions or Concerns?
Should you have any questions regarding this Statement or your privacy, please contact our Data Protection Officers at firstname.lastname@example.org. We seek to promptly resolve any questions or concerns you may have.