DYNAMIC YIELD PLATFORM PRIVACY POLICY
Last Updated September 18, 2016

Dynamic Yield (“DY,” “we,” “us,” or “our), including Dynamic Yield Ltd., and its wholly owned subsidiaries, Dynamic Yield, Inc. and Dynamic Yield UK Ltd., sells its clients a license to use its SaaS solution which provides i) Automated Personalization, ii) Dynamic AB Testing to optimize yield, iii) a full set of features to help Clients optimize their website conversions and maximize revenues, iv) targeted and omnichannel personalized messaging platform and v) a flexible data architecture to allow for powerful integrations with any enterprise system (the “Services”) We have created this privacy policy (this Platform Privacy Policy”) to inform you how our proprietary platform (the “Platform”) gathers, uses, and processes information on behalf of online marketers, website owners, leading brands, and other businesses that use our services (collectively, our “Clients”).

The Information We Collect

In the course of operating the Platform and providing our services, DY collects the following types of information (collectively, the “Information”).

  1. Personal Information. Our Clients and/or their e-mail service providers (“ESPs”) may send us your e-mail address and/or other personal identifiers under a variety of circumstances outside of DY’s control, including after you have opted to receive marketing or other communications from such Client. Note that our Clients have their own policies that govern how they collect, use, and share data, even when such collection and use may be carried out, directly or indirectly, by DY from time to time. Please consult the privacy policies of our Client’s websites you visit and apps you use to become familiar with their privacy practices.
  2. Information from Your Activity. Information that we or our technology providers may automatically collect when you visit, access, and/or use our Clients’ websites (the “Websites”), include your IP address; referring URL; time stamp; browser type and language; operating system; screen height; screen width; color depth; whether your computer is Java enabled; Internet connection type; whether or not your browser accepts cookies; pages viewed on the Websites; products viewed, placed in the cart, and purchased on the Websites; quantity, price, and purchase ID of products placed in cart and/or purchased on the Websites; and custom page data, as defined by our Clients.
  3. Inferred Information. Based on the Information we collect from your Website activity, search terms entered through your browser, and information gleaned from previous DY cookies and local storage, we may infer other information, such as zip code, country, state, time zone, weather, temperature, heat index, wind chill, or proximity to a shipping location.
  4. From Cookies and JavaScript Tags. We collect Information using “cookie” technology and JavaScript tags. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly. We use JavaScript tags to trigger a sequence of events that includes viewing a first-party cookie (or setting that cookie if it does not already exist) and to help us and our Clients tailor, analyze, manage, report, and optimize your experience on the Websites.
  5. Children’s Online Personal Information. DY does not knowingly collect Personal Information from children in the EU who are under the age of sixteen (16) through the Site. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, then he or she should contact us at privacy@dynamicyield.com. If we become aware that a child under the age of 16 has provided us with Personal Information, we will delete such information from our files. Further, The Children’s Online Privacy Protection Act (“COPPA”) requires parental consent for collection of data from children younger than the age of 13 years old. Please consult our Client’s websites to determine their compliance with COPPA. For tips on protecting children's privacy online, generally, please view the FTC's website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html

How We Use and Share the Information

DY uses and shares the Information only as follows:

  • When we receive your e-mail address and/or other personal identifiers, we may analyze such data and instruct our Clients and/or their ESPs what content to insert into marketing or other communications to you. Our Clients and/or their ESPs will then send you a tailored e-mail based on our instructions.
  • We will access, use, and share the Information as required to fulfill our contractual obligations to our Clients or subsequent requests for service and/or support by our Clients. If you wish to avoid receiving these communications please revert to our applicable Client’s privacy policy
  • Our technical staff may require periodic access to Information to monitor system performance and network capacity, test and fix systems, and develop and implement upgrades to systems.
  • In an ongoing effort to better understand visitors to the Websites, and to improve the Platform, products and services, we may analyze the Information in aggregate form in order to operate, maintain, manage, and improve the Platform and/or our products and services. This aggregate Information does not identify you personally.
  • We may share some or all of your Information with any of our parent companies, affiliates, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of DY or others.

Accessing and Modifying Information and Communication Preferences

If you would like to opt-out of DY’s collection of Information about you using cookies or JavaScript tags, please follow the instructions found on our Clients’ Websites. We will use commercially reasonable efforts to process such requests in a timely manner. Alternatively, you may use a third party tag management service to disable DY’s tag on our Client’s Websites.

You may also opt out/in of Dynamic Yield services by clicking this button:

Opt Out

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the absolute security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet.

Important Notices to Non-U.S. Residents/Privacy Shield Certification

DY complies with the EU-US Privacy Shield Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. DY has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Privacy Shield program, and to view DY’s certification, please visit https://www.privacyshield.gov/US-Businesses.

However, it is important to note that the Platform and its servers are operated in the United States and elsewhere. If you are located outside of the United States, please be aware that any Information will be transferred to, processed, and used in the United States and elsewhere. By using the Platform, you irrevocably and unconditionally consent to such transfer, processing, and use of the Information in accordance with the EU-US Privacy Shield and this Platform Privacy Policy. DY accepts full accountability and responsibility for the protection of your Personal Information, according to the applicable privacy legislation and this Privacy Policy, during the course of these onward transfers to third parties.

In order to comply with the Privacy Shield framework, DY commits to the resolution of complaints about your privacy and our collection or use of your Information. We have also committed to resolve any complaints pursuant to the Privacy Shield Privacy Principles by European Union citizens, relating to this Platform Privacy Policy and which cannot be resolved directly with our company, through a panel established by the EU Data Protection Authorities (“EU DPAs”) as our Independent Recourse Mechanism (“IRM”).

If you have any questions regarding this Platform Privacy Policy, please contact us as described in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive acknowledgement of your complaint or, if your complaint is not satisfactorily addressed by DY, then please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. We have registered with the United States Council for International Business to cover the operating costs of the EU DPAs’ Dispute resolution panel. DY is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Changes to This Platform Privacy Policy

This Platform Privacy Policy is effective as of the date stated at the top of this Platform Privacy Policy. We may change this Platform Privacy Policy from time to time. By accessing and/or using the Websites after we make any such changes to this Platform Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Platform Privacy Policy in effect at the time we collect the Information. Please refer back to this Platform Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Platform Privacy Policy, please contact DY via e-mail at privacy@dynamicyield.com with “PRIVACY POLICY” in the subject line or mail at the following address:

Dynamic Yield, Inc.
Attn: Security Officer
175 Varick Street
New York, New York