Privacy Policy

Previous Policy

Notice at Collection

Personal information means information that can identify you directly, such as your name or email address (“Personally Identifiable Information“), as well as information that may reasonably be connected or linked to you, including information relating to your browser or device (“Device Identified Information” or “Device Information“). Collectively, these types of information are referred to as “Personal Information” or “Personal Data.”

INFORMATION WE COLLECT HOW WE USE THE INFORMATION
Contact Information We use contact details you provide to communicate with you, respond to your requests, provide requested services, and maintain our business relationships. Where permitted, we may also use this information to send promotional or informational communications and invite you to participate in surveys.
Internet Protocol Address We may use your Internet Protocol address (or IP address) to support advertising delivery and to identify the general geographic area associated with your connection.
Information about your browser or device We use information about your browser and device to support advertising services, measure and report on the performance of our Services and advertisements, and help our advertising partners evaluate campaign performance.
Cookie IDs or other user IDs We use cookie identifiers and similar IDs to support advertising delivery, prevent the same advertisement from being displayed excessively to the same device, analyze and report on the performance of our Services and advertising, and improve our Services. These technologies may also help us identify fraudulent activity and maintain the security of our Services. In certain circumstances, they may be used to remember and respect choices you have made.
Information about your choices We use information concerning your privacy preferences, including whether you have opted out of targeted advertising or the sale or sharing of Personal Information, to respect those preferences and communicate them to relevant partners. We do not use this information for unrelated purposes. Information regarding rights or choices that we receive from companies we work with may also be used to help those companies honor applicable requests.
Survey Responses When you voluntarily participate in customer surveys, we may use your responses, including any optional demographic or other information you choose to provide, to better understand our customers and improve our business and Services.
Information about Email Receipt We may collect information showing whether our email communications have been opened. This helps us understand engagement and determine which communications are most useful to our customers.

At Perform Media, Inc. (“We,” “Us,” “Our,” “Perform Media“), we value the confidence that users place in us. We provide technology and services that enable advertisers to display their messages across web pages and search results that may be relevant to their customers and prospective customers. This may include using search terms, topics, or content associated with an advertiser’s products and services.

We seek to follow responsible information practices and protect the privacy of people who visit the Perform Media website and websites where our technology is used (“Users”). This Privacy Policy describes how we collect, use, disclose, and otherwise handle information associated with visitors to the Perform Media website and users of the Perform Media platform and technology. Together, these offerings are referred to as the “Services.”

Perform Media also owns and operates other websites and services that may collect, retain, or use information differently. Those properties may maintain separate privacy policies, which govern their respective practices and are not covered by this Privacy Policy. We may provide Services to certain affiliated websites and services, and affiliated companies may also provide services to us.

The sections below provide additional information about the subjects addressed by this policy.

In this policy, we describe:

Personal Information We Collect

How We Use the Personal Information We Collect

How, Why and to Whom We Sell or Share Personal Information

Sources of the Personal Information

Cookies

Your Rights and Choices

Universal Opt-Out Signals

Do Not Track

Social Media

Google Analytics

Data Retention Practices

Data Security

Protections for Children’s Privacy

Notice to International Users

Changes to this Policy

Contact Us

U.S. State Privacy Rights and Choices

Personal Information We Collect

During the past 12 months, we have collected the categories of information described below, and we may continue to collect these categories as part of providing our Services.

Information about your browser and device. When you visit our website or a website that uses our technology, your browser may automatically provide information about your interaction with the page. This Device Information does not directly identify you, but it provides information concerning the browser and device being used. This information may include:

Your Internet Protocol, or IP, address. We collect the IP address associated with your device’s Internet connection. This information helps websites and advertisements communicate with and be displayed to your device.

  • The browser you are using.
  • The type of device and operating system (such as Windows, iOS, or Android) associated with your visit.

We may also collect identifiers associated by us or our partners with your browser or device in order to provide and support our Services. These may include:

Cookie IDs and similar identifiers associated with your browser that generally do not directly identify you. Additional information about cookies is available here.

Click IDs. These are identifiers that may be associated with your browser after you interact with an advertisement.

No mobile identifiers. We do not collect separate mobile identifiers or information about activity from mobile or other devices that does not depend on browser-based technologies.

No Sensitive Information. We do not intentionally collect sensitive personal information about you through our Services. Where Device Information is collected from a page that may contain information concerning health or other sensitive matters, we do not use that Device Information to infer sensitive characteristics about you or create profiles based on such information. We delete or otherwise dispose of the relevant Device Information in accordance with our Data Retention Practices.

No Information about Children. Our Services are designed primarily for businesses. Our website and Services are not directed toward children and are not intended for advertising to children. We do not knowingly collect Personal Information from children under 16.

Information you provide us. You may provide information when you contact us through our website, email, or telephone; express interest in our products or services; subscribe to promotional or informational communications; communicate with us as part of a business relationship; or communicate your privacy preferences. This may include your email address, name, telephone number, and other contact information. You may also provide information concerning your use of or interest in our Services. If you participate in a survey, you may voluntarily provide additional information, including demographic information and details concerning your experience with our Services.

Information about Email Delivery. We may collect information indicating whether emails we send have been opened or otherwise received.

How We Use Personal Information We Collect

We use IP addresses to support advertising delivery and to determine the general geographic area from which the Services are being accessed. This may allow us to identify a country, city, or metropolitan area, but it does not provide us with your precise physical location.

Information relating to your browser, device, and operating system may be used to help us and our advertising partners understand how advertisements can be delivered effectively. We may also analyze this information to understand how our Services are accessed and used and to improve their functionality.

Cookie IDs and similar identifiers may be used by us, websites using our Services, or our partners to help manage advertising frequency so that a device does not repeatedly receive the same advertisement. These identifiers may also allow us to recognize a browser or device that has previously interacted with our website or one of our content partners. Information obtained through cookies may additionally be analyzed to understand and improve the use of our Services.

Click IDs may be used to measure interactions with advertisements and provide reporting regarding advertising engagement. This allows us and advertisers to evaluate the effectiveness of advertising communications.

We may use information that does not directly identify you to analyze the performance of our Services, prepare reports, evaluate advertising effectiveness, and improve our technology and offerings.

Information submitted through contact forms, email, or telephone may be used to respond to inquiries, communicate about our products and services, and manage ongoing business relationships.

We may use information collected through Google Analytics and related analysis to better understand how visitors use our website and Services and to identify opportunities for improvement.

Information voluntarily submitted through surveys may be used to understand customer needs and improve our business, products, and Services.

How, Why and to Whom We Sell or Share Personal Information

We do not disclose Personal Information in exchange for monetary payment. However, we may disclose or share certain information as part of providing and improving our Services. Depending on the applicable law, certain types of sharing may be considered a “sale” or “sharing” of Personal Information.

When you visit our website, information you provide or information collected through your browser or device may be shared with service providers that assist us with operating and delivering our Services. These providers are contractually limited in how they may use Personal Information and may generally process it only on our behalf. We may also share information with analytics providers, including Google Analytics.

We may share information concerning interactions between your browser or device and websites, search services, and advertisements with advertisers, their representatives, and business partners. This information may help them determine whether advertisements are relevant to particular audiences and evaluate advertising performance.

Information received from websites and search services about your device’s interactions may be used to create aggregate reports and conduct analysis concerning advertising performance. These reports are generally designed to describe activity across groups of users rather than individual users.

Certain identifiers, including cookies and similar IDs, may be shared with advertisers and their business partners to assist with advertising selection and delivery, manage advertising frequency, and measure advertising effectiveness.

When we provide Device Information to advertisers or other third parties involved in advertising and website services, those parties may have their own privacy policies and information practices. We require service providers, subcontractors, and processors that handle Personal Information on our behalf to use that information only for authorized services. Other third parties, advertisers, websites, and their respective partners may have broader rights to process information for their own purposes, subject to applicable law and the privacy choices available to users.

Where we receive information concerning privacy choices you have made, we may communicate those choices to third parties with whom we share information and require them to respect applicable preferences, including choices relating to the sale or sharing of Personal Information.

We do not knowingly sell or share the Personal Information of children under 16.

We may disclose Personal Information when required by a valid legal request or government authority. We may also disclose information where necessary to protect the safety of users, employees, business partners, or other individuals.

We may disclose Personal Information when reasonably necessary:

  • To comply with applicable law, regulation, court order, or other legal process;
  • To protect or defend our rights or the rights of our users or business partners;
  • To enforce our terms of use, agreements, or other applicable policies; or
  • To protect the rights, property, or safety of any person, including our own.

If Perform Media participates in a corporate transaction, such as a merger, acquisition, sale of assets, restructuring, or similar transaction, Personal Information may be transferred to the acquiring organization and its professional advisors. Personal Information may also be disclosed in connection with bankruptcy or another similar proceeding.

Sources of Personal Information

We may obtain Personal Information and other information from the following sources:

Your interactions with our website and with websites or search-result pages where our advertising technology is used.

Cookies, pixels, web beacons, and similar technologies that recognize or associate information with a browser or device and provide information concerning interactions with websites and advertising.

Advertisers and their representatives may provide information concerning their advertising campaigns, including information about the types of advertisements they wish to display and the circumstances in which they would like those advertisements delivered.

Websites and their business partners may provide information concerning the advertising content and services they wish to make available to their users.

Privacy choices you make, including choices concerning targeted advertising or the sale or sharing of Personal Information, may be communicated to us by websites you visit or through technologies associated with your browser.

Contact information may be provided when you complete a form on our website, contact us by telephone or email, or communicate with us as part of an existing or potential business relationship.

We may receive information from social media and business networking services, including information concerning your interactions with us or our content on services such as LinkedIn, Twitter, Facebook, or Instagram.

We may use clear GIFs, web beacons, or similar technologies in email communications to determine whether messages have been opened.

Cookies

Cookies are small data files or similar technologies that allow information concerning your activity on websites to be stored or recognized by your browser. Some cookies are necessary for websites to operate properly. Other cookies may be controlled through your browser settings. Disabling or restricting cookies may affect certain website functionality and may cause some previously saved preferences to be lost.

Advertisements or promotional content delivered through our Services may also use cookies or similar technologies. We do not control information collected independently by external advertisers when you interact with their advertisements or promotional content.

We do not collect information from web pages through mobile identifiers or other non-cookie identifiers.

Information about managing cookies and interest-based advertising technologies is available under Your Rights and Choices.

Please also review our cookie policy for additional information concerning cookies that may be used when you visit our website.

Your Rights and Choices

Depending on your location and the laws applicable to you, you may have rights to request that we:

  • provide information about how we collect and use your Personal Information;
  • provide access to Personal Information we maintain about you and, where applicable, a copy of that information;
  • correct, update, or delete Personal Information maintained in our records;
  • stop or limit certain uses of your Personal Information, including uses involving third parties, where applicable; and
  • stop contacting you by telephone or email in circumstances where you have the right to request that we do so.

You may submit a privacy rights request here or contact us by email at [privacy@performmedia.com](mailto:privacy@performmedia.com). You may also use the procedures described below for consumers who are entitled to specific rights under the laws of their state.

Some of our Services support interest-based advertising. We participate in the Network Advertising Initiative (the “NAI”), a self-regulatory organization, and provide choices consistent with applicable NAI requirements. Where available, you may use the NAI opt-out tool through here.

Additional information about controlling cookies and interest-based advertising is available through here. You may also review the choices available through [www.aboutads.info/choices](http://www.aboutads.info/choices) in the United States and [www.youronlinechoices.com](http://www.youronlinechoices.com) in the EU/UK.

Please remember that privacy preferences associated with cookies may need to be selected again if you change browsers or devices, delete your cookies, block cookies, or otherwise restrict cookie storage.

Residents of certain U.S. states may have additional privacy rights. More information about those rights and the ways to exercise them is available here.

Universal Opt-Out Signals

Where required by applicable law, we recognize Global Privacy Control (“GPC”) signals and other legally recognized universal opt-out mechanisms supported by applicable browsers. These signals allow a browser to communicate certain privacy preferences, including applicable opt-out requests, to websites.

Do Not Track

We do not respond to traditional Do Not Track signals sent by browsers when those signals do not qualify as a universal opt-out mechanism or Global Privacy Control under applicable law.

Social Media

We maintain accounts or other presences on selected social media platforms where users can learn about Perform Media and communicate with us concerning our Services. We may receive information from those platforms relating to interactions with our social media pages or content.

If you are logged into a social media account, the relevant social media provider may also associate your activity on our website or Services with your account, depending on the provider’s own policies and technologies.

Google Analytics

We use Google Analytics to understand how visitors interact with our website and to evaluate website performance. Additional information about Google’s privacy practices is available at http://www.google.com/policies/privacy/partners (“How Google uses data when you use our partners’ sites or apps”).

Users who do not wish to have their information collected and used by Google Analytics may install the Google Analytics opt-out browser add-on. Information about the opt-out option is available at https://tools.google.com/dlpage/gaoptout.

Data Retention Practices

We retain Personal Information only for as long as reasonably necessary for the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law.

Information received from advertisers, their representatives, and business partners may generally be retained for up to one year after the applicable business relationship ends, unless a longer period is legally or contractually required.

Information concerning advertisements that websites are interested in receiving may be retained for approximately thirty days.

Cookie-related information is generally retained for no longer than 60 days.

Where required by applicable law, we truncate IP addresses shortly after collection. IP addresses recorded through our systems and other Device Information are generally retained for no more than 180 days.

Aggregated information used for reporting and analytical purposes may be retained for up to 7 years, unless legal or contractual obligations require a longer period.

Personally identifiable information provided through business communications may be retained for the duration of the relevant business relationship and, where appropriate, for an additional period necessary to establish, exercise, or defend legal rights or claims.

Survey information may be retained in aggregated form for up to two years.

Data Security

Although no security system can provide absolute protection, we use commercially reasonable technical, administrative, and operational safeguards designed to protect Personal Information. Depending on the circumstances, these measures may include encryption, access controls, limiting access to authorized personnel, and appropriate data retention practices.

Our Services may include technical features designed to identify errors, bugs, or crashes. Reports generated through these features may contain information about the user’s device, its capabilities, and software running at the time of an incident. Where such information is provided, you may have the option to decide whether to share it with us.

These technical reports are designed not to contain Personal Information and are used for development, troubleshooting, debugging, security, and quality-improvement purposes.

Protections for Children’s Privacy

Our Services are primarily intended for businesses and are not directed toward children or designed for advertising to children. We do not knowingly collect, use, sell, or share Personal Information belonging to children under 16.

International Users

General Information. Our Services are primarily provided from and directed toward users in the United States. Information we collect or maintain may be stored or processed both inside and outside the United States. If you access our Services from another country, you understand that your information may be transferred to and processed in the United States, where data protection laws may differ from those applicable in your country.

When another organization transfers Personal Information to us from the European Union, we agree to handle that information in accordance with applicable requirements, including relevant protections under the General Data Protection Regulation (GDPR).

International users should be aware that the controller of the Perform Media website is PerformMedia.com, Inc. If you have questions or concerns about our privacy practices, you may contact our privacy office using the information provided in the “Contact Us” section. Individuals in Europe may also have the right to contact their local data protection authority.

Our EU-GDPR Representative is:

Rickert Rechtsanwaltsgesellschaft mbH
-PerformMedia-
Colmantstraße 15
53115 Bonn
Germany
[art-27-rep-performmedia@rickert.law](mailto:art-27-rep-performmedia@rickert.law)

Our UK-GDPR Representative is:

Rickert Services Ltd UK
– PerformMedia –
PO Box 1487
Peterborough
PE1 9XX
United Kingdom
[art-27-rep-performmedia@rickert-services.uk](mailto:art-27-rep-performmedia@rickert-services.uk)

Legal Basis for Processing. In the European Union, depending on the circumstances, we may rely on consent, legitimate interests, or contractual requirements as legal bases for processing Personal Information.

When required, we obtain your consent before placing cookies or similar tracking technologies on your browser or device. Where our Services support personalized advertising, we may require websites displaying such advertising to obtain the appropriate consent before using Personal Information for those purposes and to provide evidence of that consent where required.

Where we rely on legitimate interest as a legal basis, we consider the potential impact of the processing on individuals against the benefits of the processing. We use this basis only where we believe the processing is appropriate and the relevant risks can be adequately addressed. For example, we may rely on legitimate interests when using limited information, such as the content of a page where an advertisement appears, without creating a profile of the individual, to support advertising selection and delivery. We may also rely on legitimate interests to manage advertising frequency, measure advertising activity, and identify fraudulent behavior. In each case, we consider the nature and scope of the information used and the potential impact on individuals.

We may rely on contracts or steps taken before entering into a contract as a legal basis for processing business contact information concerning our current and prospective business partners.

Changes to this Policy

01 July 2025: We updated this Privacy Policy to address changes and additional requirements under the Tennessee Information Protection Act (TIPA) and Minnesota Consumer Data Privacy Act (MNCDPA).

18 December 2024: We updated this Privacy Policy to address changes and requirements under the Delaware Personal Data Privacy Act (DPDPA), Iowa Consumer Data Protection Act (ICDPA), Nebraska Data Privacy Act (NDPA), New Hampshire Privacy Act (NHPA), and New Jersey Privacy Act (NJPA).

01 July 2024: We updated this Privacy Policy to address changes and requirements under the Montana Consumer Privacy Act (MCDPA), Oregon Consumer Privacy Act (OCPA), and Texas Data Privacy and Security Act (TDPSA).

30 June 2023: We updated this Privacy Policy to reflect applicable requirements under the CCPA, as amended, and the Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CDPA), Virginia Consumer Data Protection Act (VCDPA), and Utah Consumer Privacy Act (UCPA).

We may update this Privacy Policy periodically to reflect changes in applicable laws, our Services, or our information practices. The most current version will be made available through the Services and will include an updated effective date so that you can identify when the policy was last revised.

Unless otherwise stated, changes become effective when the revised Privacy Policy is posted. We encourage you to review this policy periodically so that you remain informed about how we handle Personal Information.

Where required by applicable law, material changes will not apply retroactively to Personal Information already collected unless the necessary consent or other legal basis has been obtained.

Contact Us

We provide several ways for users to contact us with questions, comments, or concerns about our Services or privacy practices. Our website includes a “Contact Us” page with contact information and may also provide a form that allows you to contact us directly.

You may also communicate with us through social media accounts or other business networking platforms that we maintain. If you contact us by email, we may use your email address to respond to your inquiry and may retain correspondence and related contact information for as long as reasonably necessary.

You can contact us at:

PerformMedia.com
P.O. Box 232047
Encinitas, CA 92023-2047

Questions or communications regarding this Privacy Policy may be sent to [privacy@performmedia.com](mailto:privacy@performmedia.com).

U.S. State Privacy Rights and Choices

If you are a California consumer, you may have the right to:

  • request information about the Personal Information we have collected about you;
  • request deletion of your Personal Information, subject to applicable exceptions;
  • request correction of inaccurate Personal Information; and
  • opt out of the sale or sharing of your Personal Information, including through a Global Privacy Control signal where applicable.

We will not discriminate against you for exercising privacy rights available to you under applicable law.

You may exercise these rights by submitting a privacy rights request here or by contacting [privacy@performmedia.com](mailto:privacy@performmedia.com). If you maintain a business account with us, we may use information associated with that account to verify your request.

For certain requests, including requests to access or correct Personal Information, we may contact you to verify your identity. If we are unable to verify your identity for a deletion request, we may treat the request as a request to opt out of the sale or sharing of Personal Information where permitted by applicable law.

You may also use an authorized agent to submit a request on your behalf where permitted. We may require evidence that you authorized the agent to act for you.

If you are a Virginia, Connecticut, Colorado, Oregon, Texas, Utah, Montana, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee or Minnesota consumer, you may have the right to:

  • Confirm whether we process your Personal Information and, where applicable, access that information;
  • Request correction of inaccurate Personal Information;
  • Request deletion of your Personal Information;
  • Obtain a copy of certain Personal Information that you previously provided to us, where applicable and subject to legal limitations;
  • Opt out of targeted advertising;
  • Opt out of the sale of your Personal Information;
  • Opt out of certain profiling activities used to make decisions that produce significant legal or similarly significant effects; and
  • Where required by applicable law, use recognized universal opt-out mechanisms to communicate certain privacy preferences through your browser.

For some requests, we may contact you to verify your identity. You may submit a privacy rights request here or contact us by email at [privacy@performmedia.com](mailto:privacy@performmedia.com).