Privacy Policy

EL TORO Data Services and Website Privacy Notice

Last Modified: January 25, 2023

EL TORO.COM LLC, doing business as EL TORO (“EL TORO,” “We,” or “Our”), helps our clients, who are generally marketers, advertisers and their agencies and providers (collectively “Clients”) understand their customers and tailor their advertising to consumers who are most likely to consider their ads relevant, based on those consumers’ activities, interests, and demographics.  We work with Clients across various marketing methods and channels, including display media, email, and direct mail, and perform data services and analytics, including the services described on our website.

The following constitutes EL TORO’s Privacy Policy (“Privacy Policy”) and is intended to provide a transparent look into EL TORO’s data practices. 

EL TORO allows all US residents to opt-out of the “sale” or “share” of their personal information or limit the use of certain “sensitive personal information,” as defined by the California Consumer Privacy Act (“CCPA”) and the Virginia Consumer Data Protection Act (“VCDPA”) (each and together, “Applicable Laws”). You may click here to learn more about how to opt-out of EL TORO’s services.

If you are a California resident (defined by the CCPA) or a Virginia resident (as defined by the VCDPA), please see our Your Privacy Choices and Opt-Out Rights Addendum here, which supplements the information in this Privacy Policy for California and Virginia residents.  This Addendum specifies how California and Virginia residents may opt-out of the “sale” or “share” of their personal information, may limit the use of their sensitive personal information, may confirm their personal data, and may request access to, corrections to, or deletion of their personal information.

The Types of Information We Obtain and/or Use To Provide Our ServicesEL TORO may receive the following types of information (collectively, the “Information”) from a variety of consumer-facing companies and services, data compilers and suppliers, publicly available data (such as from government and public sources), and marketing platforms (collectively, “Marketing Platforms”) or from Clients when we perform services for those Clients:

  • Personal Identifiers, e.g., first and last name; alias; postal address; IP address; mobile ad identifiers; email and corporate address (e.g., from prospective business clients);
  • Demographic information, e.g., general descriptive information on age, gender, education, religion, military, or veteran status, which may be associated with an individual or household, and some of which may include characteristics of protected classifications under US state or federal law;
  • Commercial or transactional information, e.g., records of personal property; products or services purchased, obtained, or considered; or other purchasing or consuming histories or tendencies;
  • Employment-related or professional information, e.g., information about current or former employees or applicants or categories of occupations (generally inferred) or job titles of potential business prospects;
  • Information related to unique user behavior, e.g., browsing history; information based on a consumer’s interaction with a website, application, or advertisement (such as from image pixels); or online interests, such as information about categories of consumer interests derived from online usage;
  • Geolocation data based on mobile advertising identifiers or IP addresses;
  • Unique individual identifiers e.g., identifiers we, our Clients, or other companies (such as ad and data companies) may create in order to identify a user, user’s device or browser.  We may use one-way hashed data, cookies, and similar technologies that are linked to these identifiers (see the section entitled “Your Privacy Rights”); and
  • Inferences e.g., consumer preferences drawn from any of the Information identified above.

In the tables and sections below, we describe:

  • Our Collection of Personal Information – the types of Information that we collect, and the types of sources we collect it from;
  • Our Disclosure and Selling or Sharing of Personal Information – the types of recipients to whom we disclose or sell or share personal information;
  • Our Business Purposes – our business purposes for (a) collecting and (b) selling or sharing personal information, which are generally the same;

OUR COLLECTION OF PERSONAL INFORMATION

Depending on how you interact with us, we may collect about you the categories of Information summarized in the table below.  This table also describes how we collect and such categories of Information:

In many instances, the Information listed above is received from our Clients to run a marketing campaign and is used solely for the Client’s purposes and is then deleted.  Clients may provide Information that includes, for instance, Clients’ customer names, addresses, and other information about customer interactions with the Client. That Information is more fully described in the privacy policies of each of our Clients.  EL TORO does not use, retain, or disclose Clients’ customer information, except to provide services to the Client.  In addition, EL TORO operates in accordance with its own data privacy and security policies and is not responsible for the privacy practices of other companies.

OUR DISCLOSURE AND SELLING OR SHARING OF PERSONAL INFORMATION

In accordance with Applicable Laws, we define the “sale” and “share” of data in a broad manner.  We may sell or share the Information collected from and about you for various business purposes and with service providers and third parties, including our Clients.  The chart below details how and with whom we may sell, share or disclose Information, and, based on how Applicable Laws define “sell” or “share,” whether we believe we have “sold” or “shared” a particular category of Information in the prior 12 months.

We also may share any of the personal information we collect as follows:

  • Sharing for Legal Purposes or to Protect Any Party:  We may share Information with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, 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 EL TORO, our platform, our clients, our agents and affiliates, and/or the public.  We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, spam/malware prevention, and similar purposes.
  • Affiliates, Parents, and Subsidiaries:  We may share some or all of the Information in our possession with affiliated or subsidiary companies.
  • Sharing in the Event of a Corporate Transaction:  We may share Information in the event of a major corporate transaction, including 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.
  • Sharing with Service Providers:  We may share Information with business and data partners (including Marketing Platforms) to deliver ads, to help provide more tailored advertising, and for analytical purposes, such as to measure campaigns, to inform future campaigns, or to handle, analyze, or segregate the Information and other data that we handle for Clients.  We may share any Information we collect with our service providers, such as providers involved in tech or customer support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or service providers otherwise assisting us to provide, develop, maintain and improve our services.
  • Sharing with the Service Providers of End Clients: We may share Information with service providers (including business and data partners) of our End Clients to enable them to provide services for End Clients in a privacy-focused manner.
  • Sharing of Aggregate Information:  We may aggregate and/or de-identify any information collected so that such information is no longer linked to you or your device (“Aggregate/De-Identified Information”).  We may use Aggregate/De-Identified Information for any lawful purpose, including without limitation for research and marketing purposes, and may also share such aggregate or de-identified information with third parties, including our Clients.

OUR BUSINESS PURPOSES FOR COLLECTING AND SHARING PERSONAL INFORMATION

Generally speaking, we collect and share Information for the following purposes:

Data marketing services, for example: Generally, creating and providing data marketing sets and tools to our Clients, as more fully described in this Privacy Policy and on our website. This includes our provision of datasets comprising data “appends” (connecting data across datasets) and/or inferences about potential consumer behavior. Helping our Clients to target or retarget consumers who have visited their websites or used their web or mobile services, including through display media and direct mail or other marketing channels. Helping our Clients identify and understand their customers better, by providing insights about them and managing loyalty programs, as well as providing financial and other scoring products. Assisting our Clients through our services to provide their current and prospective customers with better service, improved offerings, and special promotions, for instance, advising on which current or prospective customers are most likely to be interested (or uninterested) in certain offers.
Additional marketing services (which may overlap with “data marketing services” above), for example: Assisting in targeting and optimizing 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 consumers or which types of ads are most likely to lead to purchases. Helping Clients to target marketing (including by email, direct mail, or other marketing channels) based on visits or log-ins to a Client’s website.
Operating our services, for example: Improving, testing, updating, and verifying our own database. Developing new products. Operating, analyzing, improving, and securing our services.
Other internal purposes, for example: For internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance. We sometimes use the information collected from our own website, from social networks, from other “business to business” interactions (such as at trade shows), or from data compilers for the above, for our own marketing purposes.

As set forth below (see the section entitled “Data Collected Through Our Website”), we also collect certain Information on our website that you may provide to us or that we may collect passively. 

How We Use the InformationWe may (but do not necessarily, or always) use Information we hold or collect to provide a number of marketing-related services, through online display, email, and/or direct mail marketing channels.  A non-exhaustive list of our services is as follows:

  • Targeting of Ads and Content. We provide services that help marketers target display media to their own customers or to their likely customers safely and effectively, through various media and advertising channels.  For instance, we use the Information to provide services to enable Clients to target “multi-channel” ads to their own customers, prospective customers, or consumers that have visited or logged in to their websites.  In doing so, we may employ various de-identification and data segregation techniques to safeguard consumer privacy. We also use Information we gather from third parties (such as geolocation information) to help match device activity at particular events to customers in our clients’ CRM or “customer list” databases. We also may combine, link, or aggregate certain elements of the above Information with each other and create inferences based on the Information. We also may use or create “Audience Segments” that help us or others (e.g., brands) tailor ads and content based on a particular user’s preferences, such as an interest in sports, travel or entertainment, or a user’s geolocation information. 
  • Optimization of Ad Campaigns.  We help our Clients optimize their advertising campaigns – for instance, by limiting the frequency or adjusting the sequence of advertising shown to customers.  We also may use the Information to customize ads to a particular geographic region, or to the content of a web page on which they are shown.
  • Campaign Measurement.  We measure the effectiveness of display media campaigns – for instance, to determine which types of ads are most likely to be seen or opened, in what circumstances, or by which types of customers, or which types of ads are most likely to lead to clicks, purchases, or other behavior.
  • Other Data Services.  We sometimes use Information to provide other data services, such as (but not limited to) email and direct mail marketing services, as well as analytics services to help marketers optimize marketing to prospects.  
  • Improving Our Own Services.  We may use certain Information to improve, analyze, and develop our own services, such as by combining the Information with other Information we obtain from third parties, publicly available sources, and any other service we provide to further improve the relevance and effectiveness of products, services, and advertisements offered, including, but not limited to, those provided on or through the services.

The above descriptions of our services are not exhaustive.  We provide them to illustrate in a general way the services we offer, and how personal information and other Information is used.

Your Privacy Choices and Opt-Out RightsYou may opt-out of the EL TORO marketing platform database by accessing our opt-out page.  California and Virginia residents may use this same page to opt out of the “sale” or “share” of their Information.  Additional Privacy Rights for Virginia and California consumers are available here.

You may opt-out of the use of your mobile data for targeted advertising through your mobile device settings.  To learn how to do so on various devices, please see the National Advertising Initiative (“NAI”)’s “mobile choices” page at https://thenai.org/opt-out/mobile-opt-out/.  If you are interested in opting out of web-based advertising, you may visit the web-based opt-out pages offered by the NAI (here) and the Digital Advertising Alliance (“DAA”) (here).  Opting out in these manners will not prevent you from seeing ads; it will prevent targeted ads customized to what these companies believe are most likely to be relevant and of interest to you.  In addition, opting out in this way is browser-specific, so if you change your browser, update it, or clear your cookie cache, you will need to opt-out again.

We and Others May Use Cookies, Pixels and Similar TechnologiesEL TORO uses industry-standard technologies, including cookies and similarly functional technologies.  Cookies are small data files made up of a string of characters, such as a unique browser identifier.  Cookies are stored on your computer or other device and act as unique tags that identify your device. Our (or other companies’) servers send your device a cookie when you visit a website.  An image pixel (“Pixel”; also known as a web beacon or clear GIF) is an invisible 1 x 1 pixel that is placed on certain web pages. When you access these web pages, Pixels generate a notice of the visit and permit us to set or read our cookies.  Pixels detect a website visit and record information such as IP address and web visit data. We and other Marketing Platforms may use cookies or Pixels to, among other things, retain the history of activity on a site, track user trends, and collect Information about whether and how you use our Clients’ sites or interact with the advertising we deliver on their behalf.  We use cookies and Pixels to help our Clients and other Marketing Platforms provide relevant content to you and replace non-relevant ads with ads that better match your interests.

While EL TORO cookies expire, we may retain aggregated versions of the Information (i.e., not tied to a cookie or device) indefinitely.  We may work with third parties to provide or enhance our services (e.g., for purposes of retargeting and tailoring ads, or placing browser cookies).  These parties may set and access their own cookies, Pixels, and similar technologies on your device, which may have cookies with varying expiration periods.  Those parties may, likewise, collect various types of Information about your browser, device, or browsing activities through use of these cookies.

Most web browsers are set up to accept cookies.  You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies.  However, if you disable the use of cookies in your web browser, some features or services may be difficult to use or inoperable.  In providing our services, we or other companies we partner with may (but will not necessarily) work with certain third-party companies that use techniques other than cookies to recognize your computer or device and/or to collect and record Information about your web browsing activity, including those integrated with our services.  These technologies may not respond to browser settings that block conventional cookies.

Data Collected Through Our WebsiteWe also collect data through the website(s) we operate, including any website on which this Privacy Policy is posted.

The Information we collect from users of our website includes:

  • The domain name and IP addresses of users’ web browsers.
  • A unique identifier (such as in a cookie or similarly functional technologies) that we deploy or read on your browser.
  • Aggregate Information on what users access, utilize, or visit.
  • Information that you voluntarily provide to us, such as requests for newsletters, events, and other information, and submission of contact information (such as email address) and (if you decide to provide it) credit card information.

EL TORO uses the Information we collect from users of our website to:

  • Create and manage your unique user account.
  • Provide services to you.
  • Respond to and communicate with you (including regarding news and updates about our services).
  • Send you offers and ads for our services, when you browse the site or other sites on the Internet.
  • Send you offers and ads for products and services of partner brands, or other offers we believe may be of interest to you.
  • Perform data analyses (including market research).

We may combine the Information with other Information we obtain from third parties, publicly available sources, and any other service we provide to further improve the relevance and effectiveness of products, services, and advertisements offered, including, but not limited to, those provided on or through the services.

We may use IP addresses to help diagnose problems with our servers and to administer our site.  We also may use IP addresses to help identify visitors to our site for the duration of a session and to gather demographic information about our visitors.

We may use clickstream data to determine how much time visitors spend on each web page of our site, how visitors navigate through the site, and how we may tailor our site to better meet the needs of our visitors.

We also use the Information for compliance with our legal obligations, policies, and procedures, including the enforcement of our Terms of Service.

We may sometimes share, sell, or otherwise disclose the Information we collect about you through our website, as follows:

  • We may share the Information with service providers who help us deliver the services you request or we provide.
  • We may share the Information to communicate with you and market to you, including through email, direct mail, or display media.
  • We may also disclose the Information in accordance with this Privacy Policy.
  • We may collect job applicant Information, including professional or employment-related information such as education and employment history, and any other information you provide in connection with applying and interviewing for employment at EL TORO.  If you are retained as an employee, this Information may include, among other things, your Social Security number or taxpayer ID.

EL TORO’s website(s) uses cookies or similarly functional technologies, both for its internal and operational purposes and to market to you (such as to retarget ads to you when you visit other sites across the Internet).  For more information about cookies and similar technologies, please go to the section above titled, “We and Others May Use Cookies, Pixels and Similar Technologies.”

LinksEL TORO’s website(s) may provide links to other websites that EL TORO thinks users will find interesting or useful.  EL TORO is not responsible for the privacy practices of these other sites.

Security and Data IntegrityEL TORO takes various steps to protect the Information we license or maintain, and to house and transmit that Information in a secure way.  For instance, these steps may include various types of physical and electronic security, including firewall protections, encryption, hashing or truncation of data, and access controls to Information.  While neither we nor any platform can guarantee 100 percent safety from hacks or illegal intrusion, we take these steps in an effort to ensure this does not occur.

Information Retention.  EL TORO will retain Information on our systems for as long as required to engage in the uses described in this Privacy Policy, unless a longer retention period is required by applicable law or other legal obligation.  The criteria used to determine EL TORO’s retention periods include: (i) the reasonable expectations of the consumer concerning the purpose for which their Information was collected; (ii) whether account owners modify or their users delete information through their accounts; (iii) the type, nature, and amount of Information collected; (iv) disclosures to the consumer about the purpose for collecting or processing their Information; (v) the source of the Information; (vi) the length of time business partners request that we retain the Information based on their data collection practices and privacy obligations; (vii) whether there is a legal obligation to which we are subject; (viii) whether retention is advisable in light of our legal position (including with regard to applicable statutes of limitation, litigation, or regulatory investigations); and (ix) whether you have requested that we delete your personal information.

Children Under 16EL TORO does not seek to collect the personal information of children under 16 years of age, and EL TORO’s website(s) and services are not intended for use by children.  If you have concerns about the use of your child’s Information, you may contact us at privacy@eltoro.com.

Binding Agreement; ChangesWe may revise this Privacy Policy at any time and with an associated effective date.  Any revised Privacy Policy will be posted on EL TORO’s website(s). You are responsible for checking this Privacy Notice for updates when you use any EL TORO website.

Questions or ConcernsIf you have questions or concerns about EL TORO’s privacy efforts or data practices or services, please contact us at privacy@eltoro.com or by U.S. Mail to:

ATTN:  Privacy Officer
EL TORO
552 E. Market St.
Louisville, KY 40202

Privacy Rights Reporting

*Requests may be unable to be completed due to factors like the inability to verify the consumer’s identity or lack of response from the consumer when required information is requested.

Data is for all requests received by EL TORO between January 1 and December 31, 2022.