Introduction

Any data collected through the https://www.hawkeyeagency.com/ website (the “Website”) including personal information (as defined under applicable data protection laws, and as may be similarly referred to as “personal data” or “personally identifiable information” under applicable data protection laws), will only be used for the purposes set out at Section 03 in this Privacy Notice. Once collected, personal information will not be used for a different incompatible purpose without your consent. Notwithstanding, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For more information please see the “Aggregate, Deidentified, or Anonymised Information” section below. Hawkeye, located at 2828 Routh St, Dallas, TX 75201, is regarded as the Data Controller. However, in some instances, Hawkeye acts as a processor on behalf of a client, which is the controller. Any questions that you have relating to the processing of personal data by Hawkeye as a processor should be directed to the relevant client.

We take the protection of data privacy very seriously. All personal information collected through the Website will be treated as strictly confidential and will only be used as set out in this Privacy Notice. The applicable data protection laws shall be respected in full.

Therefore, please read this Privacy Notice thoroughly. If you disagree with the way personal information will be used, please do not use this Website or provide your personal information through the Website.

We may include links on the Website to other websites including social media platforms. This Privacy Notice only covers how we use personal information and does not cover these other websites. When you interact with these other parties, including when you leave the Website, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices available on other websites you visit.

01. Information from our clients

We provide products and services to our clients, and collect and process information about individuals (including through tracking technologies) at the direction of our client (“client data”). Client data has historically included contact data, demographic data, content, service use data, device data, and location data, among other information. Our processing of client data is governed by the terms of our service agreements with our clients, and not this Privacy Notice. We are not responsible for how our clients treat the information we collect on their behalf, and we recommend you review their own privacy policies.

For more information on your rights and choices regarding client data, see the “Your rights regarding your information” section below.

02. What personal information do we collect and process?

The following table describes the categories of personal information we collect and the sources of such personal information.

03. Purpose of data collection and legal grounds we rely on

OUR PURPOSES FOR COLLECTING AND USING PERSONAL INFORMATION

• To read and respond to your queries sent using email or an online form on our Website.
• To contact you where you have indicated you wish to receive news and other marketing materials from us.
• To provide you with products and/or services you have ordered from us.
• To operate our Website and services, for example:
  
  • improving, testing, updating, and verifying our own database.
  • developing new products.
  • operating, analyzing, improving, and securing our Website and services.
• To conduct marketing services, for example:
  
  • assisting in targeting and optimizing of direct mail and email campaigns, display, mobile and social media marketing.
  • measuring the effectiveness of online or offline ad campaigns by determining which messages are most likely to be seen or opened by which types of clients and potential clients, or which types of ads are most likely to lead to purchases.
  • analyzing and optimizing our (or our service providers’) proprietary databases, or helping us identify and mitigate potential fraud.
  • providing “verification” or data “hygiene” services, which is how companies update and/or “clean” their databases by either verifying or removing or correcting old, incorrect or outdated information.
• Other internal purposes, for example:
  
  • internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, statistics about user interaction on our Website, and legal compliance. We use the information collected from our own Website for the above, as well as for our own marketing purposes.

We also use analytics services, such as Google Analytics, to help us understand how users access and use the Website. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As indicated below, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

BASIS FOR PROCESSING

• Performance of a contract to which you are a party, if you contact us about our services, or our legitimate interest to respond to individuals’ queries.
• Consent, where you indicate that you want to receive news and marketing materials from us.
• Performance of a contract to which you are a party.
• Our legitimate interest to improve our Website, services and develop new products.
• Our legitimate interest to support our internal operations and conduct research.

04. With whom do we share personal information?

We will share your personal information for various business purposes, with employees of Hawkeye, other Publicis Groupe entities, with our service providers, and with other parties including our clients.

The table below shows how and with whom we may share or disclose your personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” a particular category of information in the prior 12 months.

We also may share any of the personal information we collect as follows: Sharing with other Groupe entities or service providers: As a global organization, we may share personal information with other entities within our group or with selected service providers (as described under Section 5 below), either to benefit from additional support (technical or otherwise), or to provide you with services you have requested from us. We may permit our service providers to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

Vendors and Other Parties: We share information with vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information.

Affiliates: We share information with our affiliates and related entities, including where they act as our service providers or for their own internal purposes.

Clients: We share information with our clients in connection with the services we provide to them. For example, we share information with our clients in order to facilitate their orders, maintain and administer accounts, respond to questions, comply with requests, and otherwise comply with the law. Our clients are independent entities and their processing of information is subject to their own privacy policies.

Sharing for legal purposes: In addition, we may share personal information with other parties in order to: (a) comply with legal process or a regulatory investigation (e.g. regulatory authorities’ investigation, subpoena, or court order); (b) enforce this Privacy Notice or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.

Sharing in event of a corporate transaction: We may also share personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.

Aggregate, de-identified, or anonymised information: We may aggregate, de-identify and/or anonymise any information collected so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion, unless otherwise prohibited by applicable law.

Facilitating requests: We share information at your request or direction.

Consent: We share information with notice to you and your consent.

05. Who is processing the personal information?

We have engaged Liquid Web to help with hosting the Website.

We have also engaged Google Analytics and Google Tag Manager to help provide us with information about how you interact with the Website (e.g., clicks, internal links, pages visited, scrolling, searches, time stamps).

We have additionally engaged Twilio Sendgrid to notify us when you have submitted information on the contact form on the Website, as well as engaged Salesforce or Outlook to help us in managing our marketing efforts.

Any processing of your personal information by these parties is in accordance with our instructions.

If the services of third parties for the technical maintenance, administration or processing of data are required, your personal information will be accessed by these parties only to the extent that is required to ensure a smooth and secure technical handling of the Website and in compliance with applicable law, including with respect to data confidentiality, privacy and security.

Examples:

As stated above, we have engaged Liquid Web to help with hosting the Website. The processing of personal information by Liquid Web is in accordance with our instructions. Liquid Web needs personal information to run the Website and to protect and improve its platform and services. Liquid Web analyzes the data in a de-identified form.

Employees of Hawkeye and other Publicis Groupe agencies (e.g., from Sales, Marketing, Communications, IT, Operations, and Talent) process personal information for marketing efforts and talent acquisition purposes. Any processing of personal information by these employees is in accordance with our instructions.

06. Your rights regarding your personal information

You may exercise the following legal rights regarding any personal information that we hold about you.

• The right of access
• The right to rectification
• The right to erasure
• The right to object
• The right to restrict processing
• The right to data portability
• The right to withdraw your consent to the processing of your personal information at any time

Personal information will be stored in accordance with our applicable data retention requirements and corporate policies. The retention period for your personal information varies depending on the type of personal information and the purposes of processing it.

If personal information about you has been processed by us as a processor on behalf of a client and you wish to exercise any rights you have with such personal information, please inquire with our client directly. If you wish to make your request directly to us, please provide the name of our client on whose behalf we processed your personal information. We will refer your request to that client, and will support them to the extent required by applicable law in responding to your request.

Do Not Track: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics: Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

Interest-Based Advertising: The companies we work with to provide you with targeted ads are required by us to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

Emails: You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the “Further Information” section below with the word unsubscribe in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about transactions, servicing, or our ongoing business relations.

07. Viewing, editing, updating, or deletion of your personal information

Please contact privacyofficer@publicisgroupe.com if you want to see any personal information stored about you in our records. We will honor your legal right to view your personal information in accordance with applicable privacy law. If you think that any of the personal information collected through the Website is incorrect, confusing or incomplete, please contact privacyofficer@publicisgroupe.com. You may also ask us to erase, restrict or port your personal information and you may tell us if you object to our use of your personal information.

Personal information will be stored by us in accordance with our applicable data retention requirements and corporate policies.

08. Your California rights and choices

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This section of the Privacy Notice applies if you are a resident of California (“California Consumer”) and we have collected your personal information. If you are not a California Consumer, this does not apply to you and you should not rely on it. Without being discriminated against for exercising these rights, California Consumers have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.)

Our Website is intended to provide information and services to business clients. You understand and agree that information collected about you is solely within the context of (i) your role as an employee, owner, director, officer, or contractor or (ii) Hawkeye conducting due diligence regarding, or providing or receiving a product or service to or from your employer.

We acknowledge that you may have rights under the CCPA in connection with the personal information we process on behalf of our clients. If personal information about you has been processed by us as a service provider on behalf of a client and you wish to exercise any of the rights described below, please provide the name of our client on whose behalf we processed your personal information. We will refer your request to that client, and will support them to the extent required by applicable law in responding to your request.

A. RIGHT TO REQUEST ACCESS TO YOUR PERSONAL INFORMATION

California Consumers have the right to request that we disclose what categories of your personal information that we collect, use, disclose, or sell. In particular, you may request:

• the specific pieces of personal information that we have collected about you;
• the categories of personal information we have collected about you;
• the categories of sources from which the personal information was collected;
• the categories of personal information about you we disclosed for a business purpose or sold;
• the categories of third parties to whom the personal information was disclosed for a business purpose or sold; and
• the business or commercial purpose for collecting or selling the personal information.

We do not sell information as the term “sell” is traditionally understood. To the extent “sale” under the CCPA is interpreted to include the activities set out in this Privacy Notice, such as those disclosed in the “Purpose of data collection and legal grounds we rely on” section above, we will comply with applicable law as to such activity. We disclose the following categories of personal information for commercial purposes: identifiers, commercial or transactions information, internet activity, geolocation data, and inferences drawn. Please review the sharing of information sections above for further details about the categories of parties with whom we share information.

B. RIGHT TO REQUEST DELETION OF YOUR PERSONAL INFORMATION

You may also request that we delete any personal information that we collected from you, such as if you have been a customer of ours. (Note that this is different from your right to “opt out” of us selling your personal information, which is described below.) However, we may retain personal information for certain important purposes, such as (a) to protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality (such as de-bugging purposes), (c) as necessary for us, or others, to exercise their free speech or other rights, (d) to comply with law enforcement requests pursuant to lawful process, (e) for scientific or historical research, (f) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Website to you.

C. HOW TO EXERCISE YOUR ACCESS, OPT-OUT AND (IF APPLICABLE) DELETION RIGHTS

California Consumers may exercise their California privacy rights by sending an email to privacyofficer@publicisgroupe.com or by submitting a request through our Online Form.

For security purposes (and as required under California law), we will verify your identity – in part by requesting certain information from you – when you request to exercise your California privacy rights. For instance, if you request categories or specific pieces of personal information we have collected about you, you may need to confirm your possession of an identifier (such as an email address) or to provide a piece of identification that confirms you are the person you claim to be.

D. RIGHT TO NONDISCRIMINATION

We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these CCPA rights.

E. RIGHT TO OPT-OUT OF THE SALE OF YOUR PERSONAL INFORMATION

California residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” – including in the definition making available a wide variety of information in exchange for “valuable consideration.”

Depending what information we have about you, and whether we have included any of it in our marketing products and services, we may have sold (as defined by California law) certain categories of information about you in the last 12 months, as described in the above table in Section II of this Privacy Notice, titled “What personal information do we collect and process.” If you would like to opt out, you may do so as outlined on the following page: Do Not Sell My Personal Information

F. SHINE THE LIGHT

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in the “Further Information” section below and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

G. AUTHORIZED AGENTS

You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.

09. Additional disclosures for Nevada residents

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at privacyofficer@publicisgroupe.com.

10. Children

The Website is intended for general audiences, and is not directed at children. We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information in violation of COPPA, contact us at privacyofficer@publicisgroupe.com. We will remove the personal information in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

11. Data security

We use a variety of methods, such as firewalls, intrusion detection software and manual security procedures, to secure your data against loss or damage and to help protect the accuracy and security of personal information and to prevent unauthorized access or improper use. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. If you think that the Website or any personal information is not secure or that there has been unauthorized access to the Website or your personal information, please contact privacyofficer@publicisgroupe.com immediately.

12. Data transfers

Your personal information is transferred to or located in the US. The US is not considered to have the same level of data protection as in the EU. However, to the extent we transfer data from the EU, UK, or Switzerland to the US, we will provide appropriate safeguards (for example, under intercompany agreements with appropriate contractual protections or standard contractual clauses).

13. Use of cookies, other tracking technology, social media, and social media plug-ins

Cookies are small pieces of text or code sent to your device when you visit the Website. Cookies are used to optimize the viewing experience, count visitors to a webpage, troubleshoot any problems, keep websites secure, and better serve content. The following cookies are used on the Website:

• Functional and required cookies are always used to allow our hosting platform, to securely serve this Website to you.
• Analytics and performance cookies are used on the Website to view site traffic, activity, and other analytics data.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

If you engage with us on social media (for example, through our accounts on LinkedIn, Facebook, Twitter or Instagram), we may also collect personal information about you in order to understand our followers better and understand the public response to our products and services. We may use this information to contact you, send you marketing information which we think may be of interest to you, and to engage in social listening to identify and assess what is being said about us publicly to understand industry trends and market sentiment. Any information you provide to us when you engage with our content (such as through our brand page or via Facebook Messenger) is treated in accordance with this Privacy Notice. Also, if you publicly reference us or our Website on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Website.

We utilize social media plug-ins to allow you to easily share content from our Website and, in doing so, your personal information will be disclosed to these social media platforms that you have authorized to share with us.

We have no control over how social media platforms use your personal information and they may independently collect information about you when you leave our Website. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to read the privacy notices on the various social media platforms you use.

Find out more about how these social media platforms use your personal information:

• Facebook
• Twitter
• YouTube
• Instagram
• LinkedIn

14. Notification of changes

Should we wish to change this Privacy Notice, and if you have already provided personal information through this Website, we will contact you to inform you of the new Privacy Notice and, in some circumstances, we may need to obtain your consent to the changes. In other circumstances, any such changes to this Privacy Notice will be promptly communicated on this page and you should check back regularly to see whether there are any changes. Continued use of the Website after a change in the Privacy Notice indicates your acknowledgement and acceptance of the Privacy Notice then posted.

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15. Further information

This Privacy Notice has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at privacyofficer@publicisgroupe.com.

For further information on Hawkeye please visit our Website – https://www.hawkeyeagency.com/.

If you consider that we are not complying with this Privacy Notice or if you have any questions in relation to this Privacy Notice, please contact privacyofficer@publicisgroupe.com.  You may also lodge a formal complaint with your competent data protection authority.

If you have any questions about Hawkeye’s collection of your data, you wish to exercise your rights or know about the contractual protections in place, please contact the Publicis Chief Data Privacy Officer on privacyofficer@publicisgroupe.com.

Updated: 10/28/20