Privacy Policy

1. Introduction

This Privacy Policy ("Policy") outlines the privacy practices of SM DISTRIBUTION USA INC ("AdFlay," "we," "us," or "our") in relation to the use of our website (http://publisher.adflay.com/), platform, and monetization services. This Policy applies to all services offered by AdFlay. The terms "User," "You," and "Your" refer to users of our platform, whether Publishers, Advertisers, or end users interacting with our promotional units and offerwalls.

AdFlay understands the importance of privacy and the protection of Personal Information. This Policy describes how we collect, use, disclose, and safeguard your information when you use our services, including the AdFlay offerwall platform.

This Policy complies with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), California Consumer Privacy Act ("CCPA"), California Privacy Rights Act ("CPRA"), and other applicable data protection laws. For GDPR inquiries, contact us at contact@adflay.com.

For purposes of this Policy, "Personal Information" means information that identifies you, either directly or indirectly, including name, email address, physical address, payment information, device identifiers, and other data that can be used to contact or identify you.

2. How We Obtain Personal Information

AdFlay collects Personal Information from the following sources:

• Your account registration and publisher/advertiser application.
• Your creation and ongoing maintenance of your AdFlay account.
• Your participation in offerwall surveys, market research studies, and promotional offers.
• Your responses to communications, support tickets, and inquiries from AdFlay.
• Your use of our platform, website, SDKs, APIs, and services.
• Third-party partners, attribution networks, and data providers.
• Cookies, tracking pixels, server-to-server postbacks, and similar technologies.

You may decline to provide Personal Information by not engaging in these activities. However, this may limit our ability to provide some or all of our services to you.

3. Technical Information Collected

We also collect non-personally identifiable technical information when end-users interact with our network, including:

• IP address and device identifiers (IDFA, GAID, Android ID, etc.).
• Browser type, version, operating system, and language settings.
• Operating system and platform information (iOS, Android, Windows, macOS).
• Cookie data, session tokens, and tracking parameters.
• Account activity and platform usage patterns.
• Referrer URLs, placement IDs, and clickstream data.
• Web request timestamps and session telemetry.

This technical information alone does not enable us to personally identify or contact you in the physical world.

4. Why We Collect Personal Information (Lawful Bases)

The lawful bases under which we process your information include:

• Your consent: You have given explicit permission for specific processing activities (e.g., voluntary survey demographic profiles or marketing communications).
• Contract performance: Processing is necessary to fulfill our commercial agreement with you, deliver tracking links, calculate earnings, and process payouts.
• Legal obligations: Processing is required to comply with statutory accounting, anti-money laundering (AML), and tax filing regulations.
• Legitimate interests: Processing is necessary for our or a third party's legitimate commercial interests (such as click-fraud detection, proxy mitigation, network security, and platform enhancement), except where your fundamental privacy rights override those interests.

5. How We Use Personal Information

AdFlay uses your Personal Information for the following operational purposes:

• Evaluating and verifying publisher and advertiser account applications.
• Processing payouts, billing settlements, and financial transactions.
• Providing and operating our advertising, attribution, and monetization services.
• Matching you with relevant surveys, promotional campaigns, and high-converting offers.
• Delivering targeted advertising and measuring campaign attribution performance.
• Communicating with you regarding your account, technical updates, and support inquiries.
• Sending administrative notifications, SLA changes, and policy updates.
• Processing, formatting, and displaying customized offerwall content.
• Analyzing traffic patterns and system metrics to optimize platform throughput.
• Detecting, preventing, and addressing fraud, botnets, and security vulnerabilities.
• Ensuring technical stability, disaster recovery, and maintaining secure backups.
• Complying with legal obligations, tax filings, and enforcing our terms.
• Conducting research, statistical modeling, and platform development.

Marketing: If you are based in the European Union (EU), we will only use your personal information for electronic marketing if permitted by law or with your explicit consent. You can opt out of marketing communications at any time through your account settings or by clicking unsubscribe.

6. Offerwall Survey Data Collection and Usage

The AdFlay Offerwall provides survey opportunities that allow users to participate in market research in exchange for in-app or virtual currency rewards. This section describes how we collect, use, and protect survey-related information.

Survey Profile Information

To participate in offerwall surveys, you may be asked to complete a profile with demographic information. This helps us and our survey providers match you with relevant surveys. Profile information may include:

• Full name and email address.
• Date of birth and gender.
• ZIP code / postal code and geographic location.
• Ethnicity and language preferences (optional).
• Household income, education level, and employment status.
• Marital status and household composition.
• Other demographic details relevant to survey matching.

Information Collected Through Surveys

When you participate in individual surveys, we may collect:

• Survey responses, opinions, and feedback you provide.
• Consumer preferences and purchasing behaviors.
• Product and brand usage information.
• Device information (device model, OS version, browser type).
• Survey completion status and interaction telemetry.
• Your unique User ID to track completion and credit rewards.

How We Use Survey Information

• Providing market research insights to survey providers and clients.
• Matching you with relevant survey opportunities.
• Verifying survey completion and crediting rewards accurately.
• Detecting and preventing fraudulent survey activity.
• Improving survey quality and user experience.
• Complying with obligations to survey partners.

Third-Party Survey Providers

Offerwall surveys are provided by third-party market research companies. Your survey profile information will be shared with these providers to:

• Match you with surveys fitting your demographic profile.
• Verify eligibility for specific surveys.
• Prevent duplicate participation across platforms.
• Ensure survey quality and prevent fraud.
• Facilitate reward crediting.

Each third-party survey provider maintains their own privacy policy. We encourage you to review their policies before participating. Once your information is shared with third-party providers, their use is governed by their respective privacy policies.

7. Information Sharing and Disclosure

We may share your information in the following situations:

• Business Partners: With advertisers, publishers, and survey providers as necessary to deliver monetization services.
• Service Providers: With vetted third-party vendors who perform services on our behalf (payment processing, cloud hosting, fraud detection, analytics).
• Legal Requirements: When required by subpoena, court order, law enforcement, or to protect our rights and property.
• Business Transfers: In connection with any merger, acquisition, sale of corporate assets, or reorganization.
• With Your Consent: When you have given explicit permission for specific disclosures.
• Aggregated Data: We may share anonymized, aggregated statistical data that cannot identify you personally.

We do not sell your personal information to third parties for their independent marketing purposes.

8. Cookies and Tracking Technologies

We use cookies, web beacons, and similar tracking technologies to collect and track information about your use of our services.

Types of Cookies We Use:

• Essential Cookies: Necessary for the platform, login sessions, and dashboard security to function properly.
• Analytics Cookies: To understand user navigation patterns, latency metrics, and improve platform performance.
• Advertising Cookies: To deliver and measure the effectiveness of advertising campaigns and affiliate attribution.
• Preference Cookies: To remember your localized settings, language, and interface preferences.

We use cookies for tracking clicks on ads, crediting leads and conversions to the correct accounts, and statistical analysis. A cookie is a small file containing a string of characters that uniquely identifies your browser. Cookies cannot damage your files or read private information from your hard drive.

Web Beacons & Tracking Pixels

A web beacon (also called a pixel tag) is a transparent graphic image placed on a website or in an email to monitor user interactions. When retrieved, it can pass along technical data such as IP address, timestamp, browser type, and cookie tokens. You can manage or disable cookies through your browser settings, though doing so may affect platform functionality.

9. Data Security

SM DISTRIBUTION USA INC implements comprehensive technical and organizational security measures to protect your information against unauthorized access, alteration, disclosure, or destruction. These measures include:

• Encryption of sensitive data in transit (TLS 1.3 / HTTPS) and at rest (AES-256).
• Secure server infrastructure with regular automated vulnerability scanning and security audits.
• Strict role-based access controls and multi-factor authentication requirements for internal systems.
• Periodic security assessments and penetration testing.
• Employee training on modern data protection practices and confidential information handling.
• Documented incident response and statutory breach notification procedures.

While we employ rigorous industry safeguards, no transmission over the Internet or electronic storage method is 100% secure. We cannot guarantee absolute mathematical security.

10. Data Retention

We retain your information for as long as necessary to fulfill the operational purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

• Account information is retained while your publisher or advertiser account remains active.
• Transaction and ledger records are retained for seven (7) years to comply with statutory tax, accounting, and audit laws.
• Survey response telemetry may be retained longer for research validation and fraud prevention.
• Deleted information may be retained in secure archival backups for dispute resolution and legal defense.

When personal information is no longer needed, we securely delete or irreversibly anonymize it.

11. Your Privacy Rights

Depending on your geographic residency, you may possess the following statutory rights regarding your personal data:

• Access: Request access to the personal information we maintain regarding your account.
• Correction: Request correction of inaccurate, incomplete, or outdated information.
• Deletion: Request erasure of your personal data where retention is no longer legally required.
• Portability: Request a copy of your data in a structured, machine-readable format.
• Opt-Out: Opt out of certain data processing activities, including electronic marketing.
• Withdraw Consent: Withdraw consent at any time where processing is based solely on consent.
• Object: Object to processing based on legitimate interests or direct marketing.
• Restrict Processing: Request temporary restriction of processing in specific legal circumstances.

To exercise any of these rights, contact our Data Protection Desk at contact@adflay.com. We will respond and process verified requests within 30 days free of charge.

12. Your Rights Under GDPR (EU Residents)

If you are located in the European Union or European Economic Area, you hold specific enforceable rights under the GDPR:

• Right of Access: Confirm whether we process your data and obtain a full copy alongside details of cross-border safeguards.
• Right to Rectification: Require us to rectify inaccurate or incomplete records without undue delay.
• Right to Erasure ("Right to Be Forgotten"): Request data deletion when data is no longer necessary or consent is withdrawn.
• Right to Data Portability: Receive your personal data in a structured, commonly used format to transfer to another controller.
• Right to Restriction: Limit data processing during accuracy disputes or unlawful processing assessments.
• Right to Object: Object at any time to processing based on legitimate interests or direct marketing.
• Right to Lodge a Complaint: You have the right to file a complaint with your local EU Data Protection Supervisory Authority.

13. California Consumer Privacy Act (CCPA & CPRA)

If you are a California resident, you possess specific statutory rights under the CCPA:

Personal Information We Collect

• Name and physical mailing address (optional, utilized for reward delivery).
• Demographic information you have optionally provided during survey onboarding.
• Commercial and usage statistics related to your interaction with our offers and products.

Your CCPA Rights

• Right to Know: What personal information is collected, used, shared, or disclosed.
• Right to Delete: Request deletion of your collected personal information.
• Right to Opt-Out: Opt out of the sale of personal information (we do not sell your information).
• Right to Non-Discrimination: You will never receive discriminatory pricing, reduced payouts, or degraded service for exercising your CCPA rights.

How to Exercise Your Rights

You or your authorized agent may submit requests by emailing us at contact@adflay.com or by closing your account through the Publisher Dashboard settings. You will be asked to verify your identity and account ownership in accordance with CCPA guidelines.

14. International Data Transfers

If you are located outside the United States, you acknowledge and agree that by using AdFlay's services, your Personal Information will be collected, stored, and processed in the United States under the laws of the United States. For users based in the EU/EEA, data transfers to the United States are conducted under Standard Contractual Clauses (SCCs) ensuring an adequate level of data protection.

15. Children's Privacy

Our platform, publisher tools, and advertiser services are strictly intended for individuals aged 18 years or older. We do not knowingly collect personal information from children under 18. If you are under 18, do not use our services or provide any personal information to us.

If we learn that we have inadvertently collected Personal Information from a minor, we will delete that data immediately. If you believe we might possess information from a minor, please contact us at contact@adflay.com.

16. Third-Party Links and Services

Our platform and offerwalls contain links to third-party websites, advertiser landing pages, and market research providers. We are not responsible for the privacy practices, content, or data collection of these external entities. We encourage you to read the privacy policies of any third-party websites you visit.

17. Changes to This Privacy Policy & Contact Information

We may update this Privacy Policy periodically. We will post any changes on this page and update the "Last Updated" date. For material changes, we will notify you through your account dashboard or via email notice.

If you have questions, privacy concerns, or wish to submit a data request, please contact our Privacy Officer: