November 28, 2018

NEXSTAR DIGITAL PRIVACY POLICY

1. General

Nexstar Digital LLC (“Nexstar”, “we”, “our”, or “us”), provides this website and a range of services through its division including a content management system and audience development platform (provided by “LAKANA”), video advertising technology stack (provided by “LKQD”) and digital advertising solutions (provided by “HYFN” and “HYFN Local”) (collectively, the “Services”) to our customers and users (“you” or “your”). This privacy policy (the “Privacy Policy”) describes, among other things, the types of information collected through your use of our Services, including how your information may be used and/or disclosed, and our practices for data choice. Each of our Services will have its own Privacy Policy and we encourage you to visit the individual Privacy Policy for service specific information.

We will notify you of changes to our Privacy Policy by posting the new policy on this website. Please review our Privacy Policy regularly so that you can stay informed of our current practices, as they may change in the future. Your continued use of our Services signifies your acceptance of the revised terms of the Privacy Policy.

2. About Data Collected

We collect information when you use or interact with our Services. The data we collect and use includes:

  1. Device IDs associated with a User’s mobile device. This includes mobile advertising identifiers such as Apple’s IDFA and Android’s Advertising ID.
  2. Information about websites, applications, and other content that you interact with, which may be tied to a unique identifier, and can include the date and time of your visit to a website, and the referring URL or mobile application name.
  3. Web pages and advertisements you view.
  4. IP address, operating system, time stamps, referring and exit page and clickstream data.
  5. Unique identifiers that we, or a partner of Nexstar has associated with a User’s browser, through browser cookies, web beacons, or similar locally stored objects or code that can identify the physical location of mobile devices and operating system device identifiers.
  6. Information about your interaction with content, such as the type of website, video, advertisement or other content viewed.
  7. Information or inferences about a user’s interests.
(collectively, “Services Data”)

Services Data does not include information that by itself, individually identifies an individual, such as your e-mail address, phone number, or name. However, for the purposes of EU data protection law, some Services Data such as an IP address, device ID and other data may be considered personal data. Nexstar does not however collect any "sensitive" or "special categories" as defined under EU data protection law.

We also collect and use Other Information that you provide us such as:
  1. Payment Information. When you pay to use our products and services, we collect the personal information needed to complete the transaction. This information includes your name, billing address, card number, and other necessary information, all of which is clearly labeled when you submit payment. We use an unaffiliated, payment processing company to process your payment. We transfer your payment information—and you authorize us to do so—to this company solely for this purpose. The company does not retain, share, store, or use personally identifiable information for any other purposes.
  2. Registration Information. We collect personal information when you create an account with us to access our Services. Such information may include your name, email address, telephone number, and additional information.
  3. Communications Data. Anything you send us, post, or use with our products and services, such as emails or voice recordings, or if other users or third parties send us anything about your activities or postings, we will collect such information into a file specific to you. We use information in the file that we maintain for you, and other information that we obtain from your use of the products and services, to resolve disputes, troubleshoot problems, and enforce agreements.
  4. Social Networking Data. You can also engage with us on or through third-party social networking sites, such as Facebook, Twitter and other third-party social media plug-ins and applications (“Social Media”). When you engage with us on or through Social Media you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, photo(s), gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the “likes” you make) to deliver the content or as part of the operation of the application or plug-in.
(collectively, “Other Information”)

Third Party Data. We receive information about consumers from third parties to enable targeted advertising on the website(s) and application(s) that we support. The collection and use of that data is governed by the privacy policy and legal terms of the terms of the data collector and the website using the data; it is not governed by Nexstar.

Services Data and Other Information is collectively referred to herein as “Data.”

3. How We Collect Data

Cookies. A cookie is a small text file created by a website and stored in a user’s web browser. Nexstar uses cookies to store data for: advertising and/or interest-based advertising purposes; delivery and reporting of advertisements; tracking users’ responses to an ad (e.g., click rate and conversions); reviewing the frequency and time of the display of an advertisement; storage of user preferences; and the collection, aggregation and analysis of anonymous tracking data to help measure and track traffic and general user behavior. Further, to better serve relevant ads to you, we may also assign an identifier (“ID”) to your device, computer, or browser when serving an ad. The ID may be implemented on your computer/device through a cookie. Such method does not enable Nexstar to personally identify you. The ID can be used to attempt to match an assigned user by inference, based on the user’s activities tracked across multiple devices or browsers.

Tags, Beacons, and Pixels. Tags are computer codes incorporated into a HTML/JavaScript code of a web page and delivered to a web browser or application when the web page loads. A beacon, web beacon, or a pixel is a transparent web image that can be placed on a web page. Overall, Nexstar utilizes tags, beacons, and/or pixels to set cookies, collect data, extend audiences between multiple marketing partners, and to serve more relevant ads.

Our third-party service providers, advertisers and affiliates may also use cookies, web beacons and other similar technologies to manage or measure the performance of the information displayed or delivered over a website/application. For more information regarding this use, please see Section titled: “How Do We Work With Third Parties?” section below.

We collect the Data directly from you when you submit to us your information to set up an account, register for a service, interact with Social Media, to enquire about a Service; to send us communications; or for any other reason you may have to contact us.

4. How do we Use your Data

We use your Data to provide you with the Services you requested, to communicate with you, and to send you marketing messages.

The Services Data collected may be used to: evaluate and modify existing services and features; compile demographic and geographic information regarding users; identify a target audience to serve an advertisement and obtain the best advertisement response rate; provide interest-based advertising; aggregate statistics related to the Services Data; develop new services and features that may be of interest to you; prepare advertising segments that may be used to target based on demographics, geography and/or relation to the content on the viewing page; control the amount of times a user may see an advertisement; sequentially organize ads for purposes of viewing; and analyze the response of users to the advertisements. Further, Services Data collected from a browser, website, computer, device, or other application may be used on another browser, website, computer, device, or other application linked to the browser, computer, website, or device on which such data was initially collected, or transferred to a third party for such purposes.

Additionally, we may associate user’s devices accurately target and serve ads across devices. We may use the Service Data to create, or collect from Nexstar partners, data segments associated with UIDs, cookies, or device advertising IDs. Data Segments may be based on inferred interests or geo-graphic locations, such as those collected by mobile applications

5. How Do We Disclose Your Data?

We may share Data with our affiliates, service providers, clients, related companies, and advertisers. We may also disclose your Data in response to a court order or subpoena, in response to a law enforcement agency request; when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or to anyone that could be harmed by such activities; in situations involving threats to the physical safety of any person; where it is necessary to investigate, prevent or take action regarding illegal activity or suspected fraud; or as otherwise required by law. We may transfer Data to another company, if we are acquired by, sold to or merged with such company.

Our agents and contractors who have access to your Services Data are required to protect the information in a manner consistent with our Privacy Policy and may not use the information for any other purposes other than to carry out the activity they are performing on our behalf.

We continue to expand our online presence in order to offer users rich and deep interactive experiences. We may share information we collect about you so that we can provide you with information about products and services that might interest you.

We may share aggregated or anonymized Data, with third parties. Much of the information we collect is in the form of aggregated statistics, such as the traffic generated by visits on websites/applications and the habits and preferences of our audience. Such aggregated data does not include any information that would identify you personally. We may use such aggregated data and disclose it to third parties as we see fit.

6. How Do We Work with Third Parties?

We may work with one or more advertisers, advertising agencies, advertising networks, service providers, and/or audience segment providers to help deliver advertisements or other content. These third parties may utilize cookies, web beacons, or similar technologies on your computer, mobile, or other device to serve you advertisements or content tailored to your perceived or stated interests and/or preferences based on information you provided, and/or your browsing behavior, on their websites and/or other sites and applications you have visited. These third parties may also use such technologies to help determine whether you previously have seen particular advertisements or content and to avoid sending you duplicates, and/or collect information from a browser, website, computer, device, or other application to link such information to another browser, website, computer, device, on which such data was initially collected. In doing so, these third parties collect information such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other click stream data. In all of the above instances, this Privacy Policy will not apply to any information collected by these third parties. This collection of information is not under our control and such third-party information practices may be different than ours.

Further, these third parties may offer you a way to choose not to have your information used for interest-based advertising purposes. To manage your preference for interest-based advertising provided by third parties, please see Section 10, “What Are Your Choices?” for more information.

7. Protecting the Data We Collect

We take measures to prevent the loss, misuse, and alteration of your information. We carefully limit access to the database in which your personal information is stored. Additionally, we share and transfer your personal information only in the ways set forth in this privacy policy.

We cannot ensure that all of your private communications and other Data will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. We may also (and you authorize us to) disclose personal information about you to credit agencies, collection agencies, and/or merchant database agencies, as we deem necessary.

8. What Are Your Choices?

Opt Out.
Nexstar adheres to the DAA Self-Regulatory Principles for Online Behavioral Advertising. Through the use of technologies such as cookies, Nexstar may collect information such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other click stream data. Nexstar may use such collected information to serve you ads that are tailored and relevant to you. Such practice is known as behavioral advertising or interest-based advertising. You may learn more about interest-based advertising at http://www.aboutads.info.

If you desire to not receive interest-based advertisements displayed by Nexstar on your browser, you may opt out by doing any of the following:

Cookies. You may set your browser to block all or certain cookies or require your consent before accepting a cookie. Blocking our cookies will affect your online experience and may prevent you from experiencing certain features of our Properties.

Mobile Device. On your mobile device, you may use the: Limit Ad Tracking setting on your IOS device; or “Opt out of Interest-Based Ads” setting on your Android device.

Further, we may work with one or more advertisers, advertising agencies, advertising networks, service providers, and/or audience segment providers to help deliver advertisements or other content. These third parties may utilize cookies, web beacons, or similar technologies on your computer, mobile, or other device to serve you advertisements or content tailored to your perceived or stated interests and/or preferences based on information you provided, and/or your browsing behavior, on their websites and/or other sites and applications you have visited. These third parties may also use such technologies to help determine whether you previously have seen particular advertisements or content and to avoid sending you duplicates. In doing so, these third parties collect information such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other click stream data. In all of the above instances, our privacy policy will not apply to any information collected by these third parties. This collection of information is not under our control and such third party information practices may be different than ours. Such third parties may offer you a way to choose not to have your information used for interest-based advertising purposes.

To manage your preferences:

  1. for third parties providing interest-based advertising, please visit the Network Advertising Initiative Consumer Opt-Out Page at http://www.networkadvertising.org/choices/ and the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/;
  2. to limit the collection of cross-app data for interest-based ads from participating companies, for more information, please visit the Digital Advertising Alliance page at: http://youradchoices.com/appchoices; and
  3. to limit the collection of location data, go to “settings” on your mobile device.

We respect your privacy and your ability to choose what communications you receive from us. Please note that if you choose to opt out of interest-based advertising, you may still see advertisements. However, such advertisements will not be based on your online behavior.

Tips Re: Opt Out

  1. If your browser blocks third-party cookies, opting out may not be effective.
  2. You must opt out on each browser/device for opt out to be effective for a specific browser/device.
  3. When you opt out, a cookie is placed on your browser or device. Each time you delete cookies, you will have to opt out again.

Do Not Track

We support the Do Not Track browser setting. When you have Do Not Track enabled in your browser, we will not collect browser-related information about you. For more information regarding Do Not Track, including how to turn on Do Not Track, visit www.donottrack.us. We encourage users who are interested in limiting the information we collect, to search online for tools and services (e.g., NAI’s consumer opt-out gateway or the Google Analytics Opt-out Browser Add-on) to prevent or opt out of collection.

9. Our Commitment to Children’s Privacy

We do not knowingly collect or store information about children under the age of 13. In those instances in which we have actual knowledge that: we are collecting geo-location information from children or any personal information; or are applying a persistent identifier that can be used to recognize a child under the age of 13; and the foregoing is accomplished on a website or application used to offer a service directed toward children, we will comply with applicable laws.

10. Updates

This Privacy Policy is effective as of the date above. Because Internet technologies are rapidly changing, we reserve the right to make changes to this Privacy Policy at any time, in our sole discretion. All changes will be promptly posted on this page, with an updated effective date. Your continued viewing, browsing, use or access of the Services or advertisements provided through the Services, following our posting of an updated Privacy Policy, will constitute your binding acceptance of those changes.

11. Ownership and Contact Information

The Services are provided by various divisions of Nexstar Digital LLC, located at 545 E. John Carpenter Freeway, Suite 700, Irving, Texas 75062. If you have any questions or comments about our Privacy Policy, please send an e-mail to privacy@nexstardigital.com.

12. Jurisdiction

The laws of the State of Texas and the United States of America govern this Privacy Policy. Our servers and services are located in the USA. If you are located outside of the USA, using our service will result in your information being exported to, stored, and used in the USA.

13. Your California Privacy Rights

California law allows California residents, once a year and free of charge, to request information about certain types of Personal Information (if any) that a business has disclosed to third parties for their direct marketing purposes in the prior calendar year. However, under the law, we are not required to provide this information as long as we: (1) notify you that you have the right to prevent disclosure of Personal Information, and (2) provide you with a cost-free means to exercise that right. If you are a California resident and you would like to prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to participate in these activities. If you are a California resident, and you have opted in to one of these activities, but you later decide that you would like to discontinue our disclosure of your Personal Information to third parties for their direct marketing purposes, please notify Nexstar to discontinue such disclosure, by e-mail to privacy@nexstardigital.com or at the following address:

Nexstar
Data Protection Officer
545 E John Carpenter Freeway, Suite 700
Irving, TX 75062

Additionally, if you are a California resident under the age of 18, and a registered user of any Property where this Privacy Policy is posted, you may request and potentially obtain removal of content or Personal Information you have publicly posted. To make such a request, please send an e-mail to privacy@nexstardigital.com. All requests must provide: (a) a detailed description of the specific content or Personal Information you want removed; (b) information reasonably sufficient to permit us to locate the content or Personal Information, including but not limited to the name and URL (if applicable) of the Property where such information is located; and (c) your registered username and contact information reasonably sufficient to contact you if we have questions. We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for requests that are not properly sent, and may not be able to respond or take appropriate action if you do not provide complete information. Please also note that requests for removal do not ensure removal of the content or Personal Information you have posted, and there may be circumstances in which the law does not require or allow for removal even if requested.

14. European Privacy Policy

If you are situated in the European Economic Area ("EEA"), the following provisions will apply in addition to the Privacy Policy to any Services Data which constitutes personal data.

(a) Data Controller

For the purposes of European data protection law, Nexstar Digital LLC is typically, but not always, the data controller of the Data.

(b) Legal basis for processing

We will process your Data (a) for the purpose of legitimate interests pursued by us; or (b) because you have consented to the processing.

Our legitimate interests include storing and accessing information necessary to provide the services; selecting, delivering and reporting on the effectiveness of advertisements; measuring the performance of advertisements and campaigns; personalizing the advertisements you receive; and investigating and preventing fraud.

The legal basis for processing Data will depend on what Data we are collecting and what we are using it for. However, we will not use your Data for the purpose of our legitimate interests when our interests are overridden by the impact on your data protection interests or fundamental rights or freedoms.

(c) Transferring your information outside Europe

We are based in the US. When we collect Data from you, it is transferred to a destination outside the EEA. You acknowledge that unless you have opted out in accordance with Section 10 above, you consent to the transfer of your Data to the United States and other locations where we may engage service providers.

If we transfer your personal information to a third party service provider outside of the EEA, we are responsible for such transfer and we will impose obligations on the recipients of that data to protect your Data to the standard required in the EEA.

EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD COMPLIANCE AND STATUS

Nexstar Digital LLC complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Nexstar Digital LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, Nexstar commits to resolve complaints about our use of your personal data. Please contact us as follows:

Data Protection Officer
545 E. John Carpenter Freeway, Suite 700
Irving, Texas 75062

privacy@nexstardigital.com

For all enquiries and complaints, please include your full name mailing address and email address (your street address is optional if you wish to receive a response to your request via email), indicate your preference on how our response to your request should be sent (email or postal mail) and include “EEA/Swiss Data” in the subject of the email. We will respond within 45 days from receiving such enquires and/or complaints.

If we are unable to resolve your complaint in a satisfactory manner through out internal procedures, you are entitled to recourse mechanisms, at no cost to you. First, we have agreed to cooperate with investigations by the appropriate Data Protection Authorities in the EEA (the “DPAs”) or the Swiss Federal Data Protection of Information Commissioner (“FDPIC”) with regard to the transfer of personal data from the EU and Switzerland and we agree to comply with the advice which is provided to us by the DPAs and FDPIC. You can find the details of the supervisory authorities for the EEA here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. Second, and as a last resort and under limited circumstances, individuals in the EEA and Switzerland may invoke binding arbitration if all other forms of dispute resolution have been unsuccessful.

The Federal Trade Commission has jurisdiction over Nexstar Digital LLC for purposes of compliance with the Privacy Shield enforcement. In certain circumstances, we may be required to disclose your Data in response to lawful requests made by judicial or government authorities.

We may also sell, transfer or otherwise disclose your Data in relation to the sale, assignment, transfer, or other disposition of all or part of our business.

(d) Retention of data

We will keep your personal data only for as long as is necessary for the purposes set out in this Privacy Policy or as required to comply with any legal obligations to which we are subject.

If you have opted out in accordance with section 10 above, we will retain your information to enable us to comply with your preferences.

(e) Your rights

Under EU data protection laws you have a number of rights in relation to your personal data. We respect and honour these rights and will help you to exercise them insofar as we are able. These rights are not absolute – in some cases they will not apply to you, or to the particular use that we are making of your data, and there are exceptions (for example if we have to process the data to comply with our own legal obligations) but if that is the case we will let you know. We aim to ensure that the information we hold about you is accurate at all times.

  1. At any time, you have the right:
  2. to request access to or a copy of any personal data which we hold about you;
  3. to rectification of your personal data, if you consider that the information we are holding is inaccurate;
  4. to ask us to delete your personal data, if you consider that we do not have the right to hold it;
  5. to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
  6. to restrict processing of your personal data;
  7. to data portability (moving some of your personal data elsewhere) in certain circumstances;
  8. to object to your personal data being processed in certain circumstances; and
  9. to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.

Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. Because Services Data does not include your e-mail address, phone number, or name, you will need to provide us with additional information for us to identify the personal data we hold about you in order to respond to any request.

You also have the right to make a complaint at any time to the supervisory authority in the country you are situated in. You can find the details of your local supervisory authority here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm