June 20, 2020
2. About Data Collected
We collect information when you use or interact with our Services. The data we collect and use includes:
- Device IDs associated with a User’s mobile device. This includes mobile advertising identifiers such as Apple’s IDFA and Android’s Advertising ID.
- 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.
- Web pages and advertisements you view.
- IP address, operating system, time stamps, referring and exit page and clickstream data.
- 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.
- Information about your interaction with content, such as the type of website, video, advertisement or other content viewed.
- Information or inferences about a user’s interests.
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.
- 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.
- 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.
- Services Data. When you request services such as text alerts and email notifications, we collect personal information from you to provide you with the services you have requested.
- 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.
- 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.
Services Data and Other Information is collectively referred to herein as “Data.”
3. How We Collect Data
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.
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.
Additionally, when you use our website, we share information that we may collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our partner/service provider, LiveRamp Inc and its group companies (‘LiveRamp’). LiveRamp may use our first party cookie on your browser to match your shared information to their marketing databases in order to provide back a pseudonymous privacy-centric identifier for our use in real time bidding in digital advertising. These third parties may in turn link further demographic or interest-based information to your browser. To opt out of this use, please visit here
6. How Do We Work with Third Parties?
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
8. What Are Your Choices?
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.
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.
To manage your preferences:
- 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/;
- 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
- 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
- If your browser blocks third-party cookies, opting out may not be effective.
- You must opt out on each browser/device for opt out to be effective for a specific browser/device.
- 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.
11. Ownership and Contact Information
13. Your California Privacy Rights
We do not sell your Identifiable Information without your consent. However, we do share certain Personal Information with some of our partners which may be considered a “sell” under the California Consumer Privacy Act (“CCPA”), therefore, we give California residents the right to opt out of the sale of your Personal Information (“Opt-Out Right”). In addition to the Opt-Out Right, the CCPA also grants consumers with the right to: (i) know and access the specific Personal Information that we have collected; (ii) know and access the categories of Personal Information we collected, the categories of sources from which we collected Personal Information, the business and commercial purposes for which we collected the Personal Information and the third parties with whom we share the Personal information about you; and (iii) delete the Personal Information; (together with the Opt-Out Right, the “CCPA Rights”).
If you are a resident of California and would like to exercise any of your CCPA Rights, please click on the “Do Not Sell My Personal Information” link in the footer of our websites which will take you to our webpage where you can exercise your CCPA Rights. We may require verification of your identity to action your request and such verification required may vary depending on the information you are requesting. Your CCPA Rights are subject to restrictions and exceptions as set out in the CCPA and if such exceptions or restrictions apply to your request, we will explain that to you. We will not discriminate against you for exercising your rights.
Further, 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 email@example.com or at the following address:
Data Protection Officer
545 E John Carpenter Freeway, Suite 700
Irving, TX 75062
(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
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:
545 E. John Carpenter Freeway, Suite 700
Irving, Texas 75062
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.
Nexstar has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or we have not addressed your complaint to your satisfaction, please visit the JAMS complaint link here for more information or how to file a complaint. The services of JAMS are provided at no cost to you.
If JAMS does not resolve the matter, you may be able to invoke binding arbitration when other dispute procedures have been exhausted. For more information, visit the Privacy Shield website.
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
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.
- At any time, you have the right:
- to request access to or a copy of any personal data which we hold about you;
- to rectification of your personal data, if you consider that the information we are holding is inaccurate;
- to ask us to delete your personal data, if you consider that we do not have the right to hold it;
- to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
- to restrict processing of your personal data;
- to data portability (moving some of your personal data elsewhere) in certain circumstances;
- to object to your personal data being processed in certain circumstances; and
- 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.
As Nexstar Digital LLC is a company located outside of the European Union. In order to comply with Art 27 EU GDPR, GDPR-Rep.eu has been nominated as our representative in the European Union. If you want to make use of your data privacy rights, please visit our Privacy Dashboard or contact us in writing at:
Maetzler Rechtsanwalts GmbH & Co KG
Attorneys at Law
c/o Nexstar Digital LLC
Schellinggasse 3/10, 1010 Vienna, Austria
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