Privacy Policy

1. Purpose

SunMax, Inc., a Delaware corporation has developed this Privacy Policy (“Policy”) to demonstrate our commitment to protecting our users’ privacy. The terms “SunMax,” “we,” “us”, and “our” include SunMax, Inc. and any affiliates and subsidiaries. The terms “you” and “your” refer to any individuals and entities who use our Services or visit our Website (including our publishers, advertisers, demand partners, and other service providers) and our Employees.

This Policy describes our online and offline information practices, the kinds of information we may collect, how we intend to use that information, with whom your information may be shared, and how you can opt-out of such uses or correct or change such information. By using our Services or our Website, you agree to the practices described in this Policy. This Policy is an integral part of and is incorporated by reference into our Terms of Service (the “Terms”). Any capitalized terms used but not defined in this Policy will have the meaning defined in the Terms.

2. Scope

This Policy applies to any information relating to an identified or identifiable natural person (“Personal Information”) that is collected, recorded, stored, adapted, used, or otherwise made available (collectively, “Processed”) by SunMax in the course of our business providing an ad mediation platform, tools and other services (the “Services”) or the functionality of the Website. All individuals and entities whose responsibilities include Processing Personal Information on our behalf are expected to protect that data by adherence to this Policy. This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

3. Transparency/Notice: Types of Personal Information We Collect And How We Use It

The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with SunMax and the requirements of applicable law. SunMax may collect Personal Information in the following ways:

(a) Types Of Personal Information SunMax Collects

SunMax collects Personal Information regarding its current, prospective, and former clients, customers, publishers, demand partners, users, visitors, guests, and Employees (collectively “Individuals”).

(b) Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising

We, as well as third parties that provide content, advertising, or other functionality on our Services or Website, may use cookies, pixel tags, local storage, mobile device identifiers and other technologies (“Technologies”) to automatically collect information through the Services or Website. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “Device”) that allow us to record certain pieces of information whenever you visit or interact with our Services, and to recognize you across Devices.

Our uses of such Technologies fall into the following general categories:

We may also combine the information we collect through Technologies with other Personal Information we have collected from and about you. If you would like to opt out of the Technologies we employ through our Services, you may do so by blocking, deleting, or disabling them as your browser or Device permits.

(c) How SunMax Uses Your Information

We acquire, hold, use, and Process Personal Information based on the legal grounds and for the legitimate business purposes outlined in this Policy, such as:

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.

(d) Third-Party Websites and Social Media Platforms

The Website may contain links to other websites and other websites may reference or link to our Website or other Services. These other domains and websites are not controlled by us, and SunMax does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Website and our Services may also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your Device when using our Website or Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

(e) Software Development Kit

To provide our Services, we offer a software development kit (“SDK”) which allows us to access your Mobile Properties. We may collect Personal Information about users of your Mobile Properties through our SDK, including IP addresses, mobile advertising IDs, GPS location (if appropriate permission is given), application usage statistics such as launch times and duration, ad views and click-throughs. Advertisers or demand partners that provide content through our SDK may also collect Personal Information or other information about your users through our SDK. You agree that, in order to use our SDK, you will obtain appropriate consent from your users for the collection, use and sharing of Personal Information through our SDK, and that you will maintain and process all user data in accordance with your privacy policy and all applicable laws in any country in which your Mobile Properties are distributed or used and users are located.

If you use our SDK as a publisher, you agree that we may also share certain non-personal information about your use of the SDK through your Mobile Properties with advertisers and demand partners who provide content through our SDK. Such information may include the number of requests you receive for ad placements on your Mobile Properties, the number of impressions and click-throughs generated, information about revenue you receive, and eCPM data.

4. Human Resources Data

SunMax collects Personal Information from Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). “Employees” include current, temporary, permanent, prospective or former employees, directors, contractors, workers, or retirees of SunMax. The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; and information about national origin or immigration status.

We acquire, hold, use and Process Human Resources-related Personal Information for a variety of business purposes including:

5. Onward Transfer—SunMax May Disclose Your Information

(a) Information We Share

We may share your information as described in this Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission. The complete Third-Party service provider list can be found here: www.sunmax.or.id/home/partners-privacy-policies/

(b) Data Transfers

All Personal Information collected via or by SunMax may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to SunMax, you consent to the storage of your Personal Information in these locations.

6. Choice/Modalities to Opt-Out

(a) General

You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to SunMax’s Processing of your Personal Information or sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by following the instructions in this Section. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Website and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

(b) Email and Telephone Communications

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain communications regarding SunMax and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Policy).

We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

(c) Human Resources Data

With regard to Personal Information that SunMax receives in connection with the employment relationship, SunMax will use such Personal Information only for employment-related purposes as more fully described above. If SunMax intends to use this Personal Information for any other purpose, SunMax will notify the Individual and provide an opportunity to opt-out of such uses.

(d) Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

(e) Cookies and Interest-Based Advertising

We hope that you find the display of interest-based Ads valuable. However, if you wish to opt-out of these advertising services, you can edit your preferences by visiting the “Settings” page of the Website and selecting the option to opt-out.

As noted above, you may stop or restrict the placement of cookies on your Devices or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile Devices, application users may opt out of certain mobile ads via their Device settings or by downloading the AppChoices mobile application offered by the Digital Advertising Alliance.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at networkadvertising.org/managing/opt_out.asp, or www.youronlinechoices.eu and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics by following this link: tools.google.com/dlpage/gaoptout

To be clear, whether you are using our opt-out found at www.sunmax.or.id/home/sdk-opt-out and/or an online industry opt-out, these cookie-based opt-outs must be performed on each Device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile Device. You must separately opt-out on each Device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

7. SECURITY OF Your INFORMATION

The security of your Personal Information is important to us. We maintain appropriate safeguards and current security standards to protect your Personal Information from unauthorized access, disclosure, or misuse, such as using SSL encryption. However, no system can be completely secure, and we cannot ensure or warrant the security of any information you provide to us. While we take meaningful steps to secure your information, we do not promise, and you should not expect, that your Personal Information will always remain secure. We do not accept liability for unintentional disclosure.

By using the Website or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending an e-mail to you. You may have a legal right to receive this notice in writing.

8. Rights of Access, Rectification, Erasure, and Restriction

You can review and change certain Personal Information related to your use of our Website or Services (such as your name and contact information). To access your information, simply sign in to your account and you will be able to edit your Personal Information.

You may inquire as to whether SunMax is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to legal@sunmax.or.id or use any of the methods set out in this Policy to request access to, receive (port), restrict Processing, seek rectification, or request erasure of Personal Information held about you by SunMax. Such requests will be processed in line with local laws.

| Although SunMax makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which SunMax is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If SunMax determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, SunMax will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

9. Retention

SunMax retains the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. CHILDREN’S PRIVACY

The Website is restricted to individuals over the age of 18. We do not knowingly collect, maintain, or use Personal Information from children under 13 (and in certain jurisdictions under the age of 16) years of age, and no part of the Website is directed to children under the age of 13 (and in certain jurisdictions under the age of 16). If you learn that your child has provided us with Personal Information without your consent, you may alert us at legal@sunmax.or.id. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.

11. International Users

By using the Website, you will transfer data to the United States. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.

12. REDRESS/COMPLIANCE AND ACCOUNTABILITY

Questions or concerns regarding our compliance with this Policy may be directed to support@sunmax.or.id or contact us at:
SunMax, Inc.
350 Alabama Street Unit 10
San Francisco, CA 94110

SunMax will address your concerns and attempt to resolve any privacy issues in a timely manner.

If you are an EU citizen and feel that SunMax is not abiding by the terms of this Privacy Policy, please contact us at the contact information provided above. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.

13. OTHER RIGHTS AND IMPORTANT INFORMATION

(a) CHANGES TO OUR PRIVACY POLICY AND PRACTICES

CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. SunMax does not share Personal Information with Third Parties for their own marketing purposes.

The last update to our Privacy Policy was posted on May 3, 2018.