EU-U.S. and the Swiss-U.S. Privacy Shield Framework

Asignal Networks, Inc. d/b/a FMG complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. Asignal Networks, Inc. has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Asignal Networks, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

This Privacy Shield Policy Statement applies to all personal information received by FMG in the United States from European Union member countries and Switzerland, in any format, including electronic, paper or verbal. To see what personal data we collect, please see our, “Privacy Policy.”

Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to contact@fmgagency.com. If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice (for personal data) or opt-in choice (for sensitive data) before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to contact@fmgagency.com. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Asignal Networks, Inc. accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Asignal Networks, Inc. remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Asignal Networks, Inc. proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, Asignal Networks, Inc. commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Asignal Networks, Inc. by email at contact@fmgagency.com or via post at:

Asignal Networks, Inc. d/b/a FMG
Attn: Privacy Officer
8910 University Center Lane Aventine,
Suite 400, San Diego, CA 92122,
United States

Asignal Networks, Inc. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

DEFINITIONS

For purposes of this Privacy Shield Policy, the following definitions shall apply:
“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, FMG or to which FMG discloses personal information for use on FMG’s behalf.

“Client” means mobile application provider client of FMG on behalf of which FMG is providing products that optimize the mobile marketplace inclusive of ads and app download environments.

“FMG” means Asignal Networks, Inc. d/b/a FMG, its predecessors, successors, subsidiaries, divisions and groups in the United States.

“Personal information” means any information or set of information that identifies or could be used by or on behalf of FMG to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

PRIVACY PRINCIPLES

The privacy principles in this Privacy Shield Policy have been developed based on the EU-U.S. Privacy Shield Framework and the Swiss-US Privacy Shield Principles.

NOTICE

Where FMG collects personal information directly from individuals in the European Economic Area (EEA) and/or Switzerland, it will inform them about the purposes for which it collects and uses personal information about them, the types of non–agent third parties to which FMG discloses that information, the choices and means, if any, FMG offers individuals for limiting the use and disclosure of personal information about them, and how to contact FMG. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to FMG, or as soon as practicable thereafter, and in any event before FMG uses or discloses the information for a purpose other than that for which it was originally collected.

SPECIFICALLY – FMG IS A MARKETING SERVICE COMPANY FOCUSING ON THE MOBILE APPLICATION MARKETPLACE.

FMG buys mobile advertising space on behalf of our Clients which are generally mobile application providers and companies looking to advertise via mobile applications. When you click on a Client ad or application link delivered by FMG, FMG servers receive and store a mobile identifier (“Mobile ID”) which is a pseudonymous number that is associated with your mobile device. FMG cannot use the Mobile ID to identify you personally, but it does enable us to deliver relevant advertising to each mobile device. In addition to the Mobile ID, we collect information about the kind of mobile device you use (e.g., iPhone, Samsung), the operating system for your mobile device (e.g., Android, Apple O/S), IP address, the applications you download from Clients of FMG, when, how, and how often you use those applications.

We use your device’s Mobile ID and other information about Client applications you download to help our Clients understand which ads are most effective at generating downloads of our Client’s applications. We also use your Mobile ID and the information associated with your device Mobile ID over time (e.g., the applications you download, when and how you use those applications, and any publisher-provided demographic data) to enhance our services and to select FMG’ Client ads that are most likely to be of interest to you.

FMG may use agents and contractors in order to provide our services to Clients. If such agents and contractors have access to your Mobile ID and/or the information associated with your Mobile ID, they are required to protect this information in a manner that is consistent with Privacy Policy of FMG by, for example, not using the information for any purpose other than to carry out the services they are performing for FMG.

CHOICE

FMG will offer individuals the opportunity to choose (opt-out) via AdChoice Opt Out whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Individuals with concerns about how their data is being used can contact FMG’s Privacy Officer at the address below.

DATA INTEGRITY

FMG will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. FMG will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

TRANSFERS TO THE AGENTS

FMG will obtain assurances from its agents that they will safeguard personal information consistently with this Privacy Shield Policy, by means of a contract obligating the agent to provide at least the same level of protection as is required by the relevant Privacy Principles. FMG may be liable for the transfer of personal data to third parties. Where FMG has knowledge that an agent is using or disclosing personal information in a manner contrary to this Privacy Shield Policy, FMG will take reasonable steps to prevent or stop the use or disclosure.

We disclose the information in our systems, including your Mobile ID and/or the information associated with your Mobile ID over time for the following purposes:

· To Clients of FMG when you click on their ad and/or download their application;

· In response to legal process (for example, a court order, search warrant or subpoena);

· When we, in our sole discretion, believe it is necessary or appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us to do so.

· In other circumstances when necessary either to protect the rights or property of FMG, Clients of FMG, and third parties.

· We may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If FMG is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your information.

SECURITY

FMG will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT

FMG will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Shield Policy. Any employee that FMG determines is in violation of this Privacy Shield Policy will be subject to disciplinary action up to and including termination of employment.

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by FMG to these privacy principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule or regulation.

PRIVACY POLICY

FMG recognizes the importance of maintaining the privacy of information collected online and has created a Privacy Policy governing the treatment of personal information collected through fmgagency.com (the “Website”) that FMG operates. With respect to personal information that is transferred from the EEA or Switzerland to the U.S., the Privacy Policy shall subordinate to this Privacy Shield Policy. However, the Privacy Policy also reflects additional legal requirements and evolving standards with respect to Internet privacy. FMG’s Privacy Policy can be found at (www.fmgagency.com/privacy-policy.html)

CONTACT INFORMATION

Questions or comments regarding this Privacy Shield Policy should be submitted to dpo@fmgagency.com

CHANGES TO PRIVACY SHIELD POLICY

This Privacy Shield Policy may be amended from time to time, consistent with the requirements of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Principles.

EFFECTIVE DATE: NOVEMBER 2, 2018