Updated: May 23rd, 2018
This policy is prepared in compliance with the requirements of the General Data Protection Regulation
(EU) 2016/679 (“GDPR”), as in force from time to time. Where a particular provision applies to EU-
based users only, we have made this clear. For the purposes of the GDPR, our representative within
the EU is Jason Bash. Our nominated person for data protection is Jason Bash. and their contact details
Your Consent for Our Collection, Use and Disclosure (US based users only)
Typically, we will seek consent for the collection, use or disclosure of your personal information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified). The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the personal information and the reasonable expectations of the individual in the circumstances. You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent at any time, please contact us as set out below. We will inform you of the implications of withdrawing consent.
We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.
What Personal Information We Collect
When you sign up for the Adscend Sites, you will be required to share information that identifies you personally. "Personal Information" refers to any information that identifies you, either directly or indirectly. Examples of Personal Information include, without limitation, your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number.
When We Collect Personal Information
Generally, we collect Personal Information when you provide it to us by signing up on Adscend Sites, filling out surveys or questionnaires, joining our mailing list, corresponding with us, entering one of our sweepstakes or contests, choosing to submit testimonials, stories, photos or the like to the Adscend Sites, or otherwise volunteering information about yourself. Adscend usually collects Personal Information so that it can provide you with Adscend's goods or services. Adscend may also use your Personal Information for other reasons, including updating you on Adscend's services, news and special offers If you are based in the US, Adscend will do this (unless you choose to "opt-out" as described in the "Choice/Opt-out" section below).If you are based in the EU, we will only send you marketing messages when you tick the relevant boxes when you set up an account with us. If you have consented to receiving marketing from us, you can opt out at any time. You can also manage
your preferences by logging into your account and using our privacy dashboard at https://smores.tv/account.php.
If you don't provide some of the Personal Information Adscend asks for, it may be unable to provide
you with Adscend's goods or services.
Why We Collect Personal Information
We collect this information for the purposes described in the section titled “How Do We Use Your
Personal Information”. The lawful basis for which we process your information is:
How Do We Use Your Personal Information
- your consent;
- processing is necessary for the performance of a contract to which you are a party. If you fail
to provide this information we may be unable to perform the contract.
- processing is necessary for compliance with our legal obligations.
- processing is necessary for the purpose of the legitimate interest pursued by us or a third
party, except where your rights as a data subject override our legitimate interest.
We will use your Personal Information:
- to provide you with services, products or information you have requested.
- to provide you with information about future products and services we think may be of interest
to you, including third party products and services.
- for administration purposes including to create an account for you if you register with us. to
notify you about changes to our services; as part of our efforts to keep our site safe and
secure. and to ensure that content from our site is presented in the most effective manner for
you and for your computer. and
- to make suggestions and recommendations to you about goods or services that may interest
We will only use your personal information for electronic marketing purposes if we are allowed to do
this by law or if we have your consent. If you agree to us providing you with marketing information,
you can always opt out at a later date. If you would rather not receive marketing material from us,
please let us know at any time by opting out of marketing communications in your account settings.
Anonymous User Information
Adscend collects or may collect some information each time you visit Adscend Sites so we can improve the overall quality of your online experience. We collect or may collect your IP address, referral data, and browser and platform type. You do not have to register on the Adscend Sites or provide any Personal Information to us before we can collect this anonymous information. Adscend assigns an anonymous ID number to your requests and links the following additional data to that anonymous ID number: the date and time you visited, your search terms, and the links you choose to click. Like most standard Web site servers, we use log files to collect and store this anonymous user information. Adscend analyzes the information to determine trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.
Third Party Links
Third Party Advertisements
Mergers; Business Transitions
In the event Adscend goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' Personal Information will, in most instances, be part of the assets transferred, unless such a transfer will violate any applicable law.
Our goal is to keep you in control of the Personal Information you provide to us. Accordingly, you can review, correct, change or remove any personal registration information you provide to Adscend. In order to "opt-out" and elect not to receive future communications from us, please email us at support@Adscend. You can request access to, and correction of, your Personal Information by contacting Adscend as follows:
Adscend Media LLC
1205 Kinney Ave #K
Austin, TX 78704
Please note that as long as you remain a Adscend user, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital service and status changes or alterations to Adscend's Terms.
Notification of Changes
Special Notification with respect to Children's Privacy (Users under the age of 13)
In response to concerns about protecting childrens privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. In accordance with Adscend policy and COPPA regulations, we DO NOT: 1. Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age; or 2. Knowingly use or share personal information from users under 13 years of age with third parties; We request that children under the age of 13 not submit any Personal Information to us via the Adscend Sites. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers. Questions regarding children's privacy should be directed to:
Adscend Media LLC
1205 Kinney Ave #K
Austin, TX 78704
If you are based in the EU, this provision applies to users under the age of 16, although individual
member states have the right to lower this age.
We use SSL (Secure Sockets Layer) encryption technology to safeguard the security of your Personal Information; however transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. You hereby acknowledge that Adscend is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
How Long We Keep your Personal Information for
We keep your information for no longer than is necessary. We will retain your information for any
period required by law, and where we are not under a legal obligation to retain your information, we
will determine what is necessary by reference to the lawful basis for processing set out above and our
If you have any questions about how long we keep your information, please contact us.
Your Rights if you are Based in the EU
If you have created an account with us, you can sign into your account to access and update your
information. You can manage your marketing preferences at any time by opting out of any marketing emails
from your account page.
You have a right to ask us to confirm whether we are processing information about you, and to
request access to this information (‘right of access’). You also have the right to be informed of the
safeguards we have in place relating to any transfers of your information to another country.
You may ask us, or we may ask you, to rectify information you or we think is inaccurate, and you may
also ask us to remove information which is inaccurate or complete information which is incomplete
(‘right to rectification’). If you inform us that your personal data is inaccurate, we will inform relevant
third parties with whom we have shared your data so they may update their own records.
We want to ensure that your personal information is accurate and up to date. If any of the information
that you have provided us with changes, for example if you change your email address, name,
payment details, or if you wish to cancel your registration, please let us know using the contact details
at the end of this policy.
You have a right to obtain your personal data from us and reuse it for your own purposes, perhaps for
another service, without hindering the usability of the data (‘right of portability’). This right does not
apply where processing is necessary for the performance of a task carried out in the public interest or
in the exercise of official authority vested in us.
You have a right to seek the erasure of your data (often referred to as the ‘right to be forgotten’). You
may wish to exercise this right for any reason, for example where it is no longer necessary for us to
continue holding or processing your personal data you may withdraw your consent. You should note
that we are entitled to and reserve the right to retain your data for statistical purposes. This right is not
absolute, as we may need to continue processing this information, for example, to comply with our
legal obligations, or for reasons of public interest.
You have a right to ask us to restrict our processing of your information (‘right to restriction’) if:
- you contest its accuracy and we need to verify whether it is accurate
- the processing is unlawful and you ask us to restrict use of it instead of erasing it
- we no longer need the information for the purpose of processing, but you need it to establish
or defend legal claims
- you have objected to processing of your information being necessary for the performance of a
task carried out in the public interest, or for the purposes of our legitimate interests. The
restriction would apply while we carry out a balancing act between your rights and our
- you exercise your right to restrict processing, we would still need to process your information
for the purpose of exercising or defending legal claims, protecting the rights of another person
or for public interest reasons.
You have a right to prevent us from processing your data for the purposes of marketing.
If you would like to exercise any of your rights above, please let us know using the contact details at
the end of this policy. We will act in accordance with your instructions as soon as reasonably possible
and there will be no charge.
You have a right to report any of your concerns about our use of your data to the relevant data
protection authority in your EU country.
Transfers of your Personal Information
If you are based in the US:
transfer of your personal data to any server used by Adscend.
If you are based in the EU:
When you signed up to EngageMe.TV you agreed that we may transfer
your Personal Information to the USA for the purposes listed in this policy. Rest assured that we will
always ensure any transfer is subject to appropriate security measures to safeguard your Personal Information.