If you are a resident of the European Economic Area and want to find out more about your data protection rights, please see “Your Data Protection Rights“.
If you have any questions, you may contact us (see “Contacting Us”).
We recommend that you read this entire Policy carefully. However, to make it easier for you to review those sections of this Policy that apply to you, you may click the links below:
SECTION 1 – WHO WE ARE
A reference to “NYIAX” “we” or “our” means NYIAX, Inc.
NYIAX provides facilitates advertising, media and audience buying and selling automation technology via our exchange (“Platform”) and related advertising tools (collectively the “NYIAX Interface”). We provide our services and tools to our “Clients,” which include “Publisher Clients” who own and operate websites, mobile applications, and “over the top”, connected TV and other online services (each a “Digital Property”) and “Media Buyers” who are advertisers and other ad partners looking to distribute relevant ad content through our Platform. Our NYIAX Interface helps Clients discover, source, buy, trade, execute, and reconcile the advertising contract for both Publisher Clients and Media Buyers in order to display relevant online advertising to their end users (“End Users”) who interact with Publisher Clients’ Digital Properties.
NYIAX may also share or license certain information about the advertising buying, trading, execution and reconciliation processes through our Platform collected in connection with our NYIAX Interfaces with brands, agencies and other interested third parties, to help them better identify and validate commercial opportunities, promote transparency and protect against fraud. NYIAX currently does not collect personally identifiable information (PII) or aggregate information which could be used to create or derive PII. NYIAX does work with third parties who do collect and transact with PII and NYIAX does record within the advertising contract trading goals related to Publisher Clients and Media Buyers based End User data but at no time is any PII or aggregate information which could derive PII of the End User.
However, NYIAX collects information from individuals when they visit, use, or interact with: (i) www.NYIAX.com and other websites operated by us, including NYIAX’s client interfaces (the “Websites”); (ii) our social media pages (our “Social Media Pages”); and (iii) our sales and marketing activities (collectively, our “NYIAX Properties”).
SECTION 2 – PRIVACY FOR OUR SERVICES
This section covers all the information we collect and receive from Client Publishers and third-party enters related to End Users in connection with our products and services, which includes End Users of Digital Properties that use our NYIAX Interface.
2.1 WHAT INFORMATION DO WE COLLECT?
Information we automatically collect
When End Users visit a Digital Property that uses our technology, our partners or vendors may use and deploy tracking technologies (see “Cookies and Similar Tracking Technologies“) to automatically collect certain information about the End Users and their devices. Some of this information (including, for example, unique identifiers stored in a cookie or mobile advertising IDs) may identify a particular computer or device and may be “personal data” in some jurisdictions, including the EU and the State of California. However, our NYIAX’s Interface is designed not to capture PII (personally identifiable information), aggregate PII or derived PII in order to process information to validate advertising contract trading, execution, reconciliation or to verification of the advertising contract between Client Publishers and Media Buyers has been effectuate in accordance with the terms of the advertising contract.
However, our partners or vendors may collect PII in accordance with current privacy laws in the Client Publisher or vendor jurisdiction. Any PII collected by the Client Publisher or any vendor to NYIAX is not disseminated to NYIAX and NYIAX does its utmost to align that Client Publisher, Media Buyers and vendors are complying with current stated privacy laws and provisions within the jurisdiction in which the advertising contract is effectuated and distributed. Information which is passed to NYIAX from Client Publishers or vendors is solely aggregate data which is distinct from the End User. No End User data is passed to NYIAX at this time.
The information we review for the execution and reconciliation process for verifying the advertising contract either from Client Publishers or vendors may includes:
Information we receive from vendors (third parties)
We may also combine, merge and/or enhance the information we collect about an End User with information collected from our Publisher Clients and third parties (like our data verifiers (ie DoubleVerify, IAS, MOAT, Human, etc.). For example, our Publisher Clients may also collect information that they choose to pass to us either directly through our NYIAX Interfaces or through application programming interfaces (APIs), when our NYIAX Interfaces connect to their systems.
This information may include, for example: network type of an End User’s device, age, ethnicity (where permitted by law), gender, and precise geolocation (where permitted by law), mobile device IDs, demographic or interest data, obfuscated user identifiers such as hashed email addresses, and content viewed or actions taken on a website or app to help make the ads served to an End User more relevant while limiting exposure to less relevant ads. Some Publisher Clients may provide precise geolocation information collected on certain of their Digital Properties. We will not use precise geolocation information for interest-based advertising without your opt-in consent.
2.2 HOW DO WE USE YOUR INFORMATION?
We use the information we collect for a variety of business purposes. For example, we use the information we collect for the following purposes:
SECTION 3 – PRIVACY FOR THE NYIAX PROPERTIES
This Section describes how we collect and use information when visitors interact with or use any of the NYIAX Properties (such as our Websites).
3.1 WHAT INFORMATION DO WE COLLECT?
Information that individuals provide voluntarily
Certain parts of the NYIAX Properties may ask visitors to provide personal information voluntarily: for example, we may collect personal information when a visitor registers for a NYIAX account, expresses an interest in obtaining additional information about NYIAX or our products and services, subscribes to our marketing, or otherwise contacts us.
The personal information we collect may include contact information (such as name, address, telephone number, or email address) and contact preferences. It may also include professional information, such as job title, department or job role, and the nature of an individual’s request or communication. We also collect information that visitors choose to provide to us when completing any ‘free text’ boxes in our forms (for example, for event sign-up, product feedback, or survey requests). Please do not post any information that you do not want to reveal to the public at large. This is only on the NYIAX main website www.nyiax.com or on the NYIAX platform within the firm level and account level controls where are open only to individual companies with whom NYIAX has a contractual relationship through Managed Service Term Sheets or Master Service Agreements.
Information we collect automatically
When using the NYIAX Properties may automatically collect certain information from an individual’s device. In some countries and states, including countries in the EU and the State of California, this information may be considered personal data under applicable data protection laws.
Specifically, the information we collect automatically may include IP address, operating system type and version, browser type and version, cookie ID, an individual’s activities on the NYIAX Properties, and other information about the individual’s system and connection and how the individual interacts with the NYIAX Properties. This is present only on the NYIAX website www.nyiax.com and within the NYIAX platform between companies with whom NYIAX has a contractual relationship for usage of our system through Master Service Agreements or Managed Service Term Sheets.
3.2 HOW DO WE USE YOUR INFORMATION?
We may use information collected from the NYIAX Properties for the following purposes:
3.3 COOKIES AND SIMILAR TRACKING TECHNOLOGIES
3.4 USE OF NYIAX PROPERTIES BY MINORS
The NYIAX Properties are not intended for nor directed to individuals that are deemed to be children under applicable data protection or privacy laws, and we request that such individuals do not provide information through any of the NYIAX Properties.
SECTION 4 – GENERAL INFORMATION
4.1 HOW DO WE SHARE YOUR INFORMATION?
Information we collect may be disclosed:
4.2 YOUR OPT-OUT CHOICES
Opting out of receiving electronic communications from us
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving these marketing-related emails by please contact us using the form at the bottom of this page or by clicking on the opt-out link within the email message that you receive from us. Please also note that if you do opt out of receiving marketing-related emails from us, we may still be required to send you administrative messages relating to our services from time to time.
Opting out of our sharing of your personal information with affiliates for their direct marketing purposes
If you would prefer that we do not share your personal information in the future for our direct marketing purposes, you may opt out of this sharing by using the form at the bottom of this page
For more information about cookies in general, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. For more information about how to clear your browser cache, please see your browser’s instructions for doing so. Please note that deleting or resetting cookies and clearing your browser cache will not opt you out of receiving interest-based advertising (including retargeting) from NYIAX’s NYIAX Interfaces.
Our Publisher Clients have their own opt-out mechanisms that are linked from their sites or their online-posted privacy policies. You should review the privacy policies of those companies for these opt-out links if you no longer wish to receive targeted advertising from a particular company or multiple companies.
4.3 YOUR DATA PROTECTION RIGHTS
You have the following data protection rights for your data collected on our www.nyiax.com site:
If you are a resident of the European Economic Area (EEA), you may also have the following rights:
Please note that because most of the information we store can only identify a particular browser or device, and cannot directly identify you personally, you may need to provide us with some additional information to enable us to identify the personal information we hold about you and ensure that we accurately fulfill your request and do not infringe on the privacy rights of other individuals.
You can exercise your rights at any time by contacting us using the form at the bottom of this page. We will respond to your request in accordance with our obligations under applicable privacy laws.
4.4 LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA END USERS AND VISITORS ONLY)
If you are located in the EEA, our legal basis for collecting and using personal information described above will depend on the personal information concerned and the specific context in which we collect or use it. We normally rely on our (or our Clients) legitimate interests to collect and use your personal information, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in the sections above with the heading “How Do We Use Your Information”. In connection with our NYIAX Interfaces, our legitimate interests include the operation of our Platform and the provision of our NYIAX Interfaces to Clients as required by our agreements with them.
In some cases, we may rely on your consent that we obtain directly from you, or in the context of our NYIAX Interfaces, which is obtained for us by our Clients that use our technology or use technology that interacts with our Platform. Additionally, we may have a legal obligation to collect data.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contacting Us” heading below.
4.5 THIRD PARTIES
This Policy does not address, and except as otherwise described in this Policy, we are not responsible for, the privacy, information, or other practices of any third parties, including our vendors or any other third party operating any site or service to which the NYIAX Interfaces or NYIAX Properties link. The inclusion of a link through the NYIAX Interfaces or Online Property does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with the NYIAX Interfaces or NYIAX Properties.
4.6 HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE?
We use reasonable organizational, technical, administrative, and physical safeguards to protect the personal information we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information and to help ensure that your data is safe and secure. However, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.
4.7 RETENTION OF YOUR INFORMATION
We will retain personal information for the period necessary to fulfill the purposes outlined in this Policy and where we have ongoing legitimate business needs to do so (for example, to provide the NYIAX Interfaces, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations) unless a longer retention period is required or permitted by law.
If you are an End User, we may retain information that we collect through the NYIAX Interfaces (including the segment information that we receive from third parties) for up to 45 days from the last date that we received any of the End User’s data. We may retain ad impression information for up to 45 days. We may retain raw ad server logs for our mobile ad server business for up to 45 days. We use precise geolocation for the specific ad impression to which the geolocation relates, after which the geolocation information is aggregated with other geolocation data for use by us for analytical purposes. If we de-identify information we collect through the NYIAX Interfaces, we may retain that information, in an aggregated format, indefinitely. In such cases, we commit to not re-identifying the information. If we are required to retain information to comply with a legal or audit obligation, we may store End User information for longer periods.
4.8 INTERNATIONAL DATA TRANSFERS
In connection with the NYIAX Properties and NYIAX Interfaces, your personal information may be transferred to, and processed by NYIAX its service providers and partners in countries other than the country in which you are resident, including in the United States and other locations where we have offices or employees or engage service providers or our partners. These countries may have data protection laws that are different from the laws of your country of residence and may not provide the same level of protection as your jurisdiction. Regardless of where your data is located, NYIAX shall process your personal information in accordance with this Policy.
If you are resident in the EEA, UK or Switzerland, we will protect your personal information when it is transferred outside of your jurisdiction by (i) processing it in a territory that provides an adequate level of protection for personal information based on the receiving country’s data protection laws; and/or (ii) implementing appropriate safeguards to protect your personal information, such as requiring the recipient to comply with the Standard Contractual Clauses, or another lawful and approved transfer mechanism.
In addition, although NYIAX does not rely on the Privacy Shield Framework to lawfully receive EEA, UK or Swiss personal information in the U.S., NYIAX, Inc. has self-certified to and does comply with the Privacy Shield Framework for transfers of such personal information to NYIAX, Inc. See our Privacy Shield Notice below for further information.
4.9 PRIVACY SHIELD NOTICE
NYIAX, Inc., located in the United States, participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to processing all personal information received in the U.S. from European Economic Area (“EEA”), United Kingdom and Switzerland, respectively, in reliance on the Privacy Shield Framework. NYIAX Inc. has certified to the US Department of Commerce that NYIAX Inc. adheres to the Privacy Shield Principles in respect of all personal information received from the EEA, UK and Switzerland.
To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov/welcome. A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: https://www.privacyshield.gov/list.
NYIAX is responsible for the processing of personal information it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal information from the EEA, UK and Switzerland, including the onward transfer liability provisions.
With respect to personal information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Residents of the EEA, UK and Switzerland may also request our data processing agreements in addition to relying on NYIAX’s Privacy Shield certification.
4.10 SENSITIVE INFORMATION AND OUR USE OF NON-SENSITIVE HEALTH SEGMENTS
We ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) on or through the NYIAX Properties or NYIAX Interfaces or otherwise to us.
We may receive the following non-sensitive health-related advertising segments that we use to target ads that may be of interest to End Users: diet and fitness; doctors; health care professionals; health conscious; health and medicine; health and well-being; interest in health insurance; and pregnancy.
4.11 UPDATES TO THIS POLICY
We will review and update this Policy periodically and will note the date of its most recent revision at the top of this Policy. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you about such changes prior to such changes taking effect, if required by applicable data protection laws. We encourage you to review this Policy frequently to be informed of how NYIAX is protecting your information.
4.12 CONTACTING US
If you have any questions about this Policy or NYIAX’s privacy practices, please contact us using the form at the bottom of this page, or by mail using the details provided below.
Please note that email communications are not always secure, so please do not include sensitive information in your emails to us.
Residents both inside and outside European Economic Area (EEA):
NYIAX, Inc. c/o Privacy
244 5th Avenue, STE 2669, NYC, NY 10001 USA.