Last Updated: October 4, 2020
1. Statement of Policy.
1.2 Applicability of Policy. This Policy applies to any User who accesses or uses Company’s Website(s), Application(s), Content, or Services. This Policy applies to the Data that a User discloses or transmits to Company via its Website(s), Application(s), Content, or Services, or that is collected by Company in the course of a User’s use of Company’s Website(s), Application(s), Content, or Services.
“Application” means any application created by Company or by a Third Party for Company that can be downloaded onto a User’s mobile phone, tablet, computer, or similar device, and is used to access or interact with the Website(s), Content, or Services.
“Content” means all information, content, materials, Applications, and programs made available on the Website(s) or Application(s) or with respect to providing the Services, including User-provided Content.
“Cookies” means small text files placed on the device used to access the Website(s) or Application(s), containing details of browsing history on the Website(s) and use of the Application(s), among other information. Cookies may include, without limitation, the following:
- Session Cookies: Cookies that are essential to provide access to Company’s Website(s), Application(s), Content, and Services. These Cookies help authenticate Users and prevent fraudulent use of the Website(s) and Application(s). Without these Cookies, Users cannot access the Website(s), Application(s), Content, and Services. Session Cookies only remain on a User’s device while the User is using or accessing the Website(s), Application(s), Content, or Services.
“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506, and any regulations promulgated pursuant thereto.
“Data” means all information furnished by Users and others through the Website(s) and Application(s). Data may include Content, Personal Information, and Non-Personal Information.
“Non-Personal Information” means information about the User’s use of Company’s Website(s), Application(s), Content, and Services. Non-Personal Information may include such information as a User’s web requests, Internet Protocol address, browser type, browser language, the date and time of a User’s request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, Cookies that may uniquely identify the User’s browser, and other elements employed in the Website(s) and Application(s). Non-Personal Information, which may be collected passively using various technologies, may or may not specifically identify the User. Company may store such information itself or it may be included in databases owned and maintained by Company’s affiliates, agents, or Third Parties.
“Personal Information” means any information that identifies an individual person, such as name, address(es), phone number(s), email address(es), date of birth, and user name and password as well as any User-specific Content a User furnishes to Company through the Website(s) or Application(s).
“Services” means the services provided by Company.
“Third Parties” means entities other than Company, its affiliates, and agents that may access or use Data for various purposes, including the operation and maintenance of the Website(s), Application(s), and Content, provision of the Services, and marketing (both on behalf of Company and on behalf of Third Parties).
“User” means any user of the Website(s), Application(s), Content, or Services
“Website” means any website owned, maintained, or operated by Company or by any third party subject to an agreement with Company to maintain and/or operate a website on behalf of Company.
3. Furnishing and Collection of Data.
3.1 Data Furnished by Users. Company continuously collects Data from all Users either directly or through Third Parties as Users access and use the Website(s), Application(s), Content, and Services.
3.3 Do Not Track. Company does not alter its practices when it receives a “Do Not Track” notice from a User’s browser.
4. Use of Data. Company uses Data for any lawful purpose including the following: (i) operating, maintaining, and providing Users all of the features of the Website(s), Application(s), Content, and Services including the display of customized content and advertising; (ii) establishing contact with Users to deliver special offers, promotions or other information; (iii) auditing, research and analysis in order to maintain, protect and enhance the Website(s), Application(s), Content, and Services; (iv) ensuring the functionality and usability of the Website(s), Application(s), Content, and Services; (v) installing and monitoring elements for security purposes; (vi) creating User profiles that permit Company to better understand what information a given User might like to receive from Company; (vii) providing Users with information and notices related to Company; (viii) inviting Users to participate in surveys conducted by Company; (ix) developing new products, Content, and Services; and (x) improving Company’s marketing and promotional efforts. Other uses by Company of Data may include the following.
4.1 Marketing. Company may use Data to send commercial or marketing phone calls, text messages, or email messages to a User without a User’s express consent, unless the User has opted out of receiving such messages.
4.2 Research and Analytics. Company may conduct research on User demographics, interests, and behavior based on the Data provided to Company. Such research may be compiled and analyzed on an aggregate basis and Company may share this aggregated information with Company’s affiliates, agents and Third Parties, for any lawful purpose. Aggregate information will not identify any User personally.
4.3 Sharing of Personal Information. Except as otherwise provided herein, Company will limit its sharing of Personal Information as follows: (i) Company will share Personal Information upon obtaining User consent; (ii) Company will share Personal Information to the extent required by law (such as in response to a subpoena or court order); and (iii) Company may share Personal Information with affiliates, agents, and Third Parties to support Company’s business operations, provided said affiliates, agents, and Third Parties have agreed to maintain the security of User’s Personal Information and refrain from using it for any purpose other than supporting Company’s business operations.
4.5 Disclosure to Third Parties. Company may disclose Data to Third Parties including credit card or payment processors, cloud storage providers, customer support tools, product development tools, information technology and security service providers, and marketing or analytics tools. Disclosure shall be for the purposes of providing the Services, operating, and maintaining the Website(s), Application(s), and Content, communication with Users (including sharing Data between Users), and marketing to Users to the extent permitted by law.
5. Ownership and Use of Content. Users may submit, upload, publish, or otherwise make available to Company through the Website(s), Application(s), Content, and Services certain textual, audio, and/or visual content and information. Any such User-furnished Content remains the property of the User unless otherwise expressly provided by law. By providing User-furnished Content to Company, however, the User grants Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User-furnished Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website(s), Application(s), Content, and Services and on Third Party sites and services), without further notice to or consent from the User and without the requirement of payment to the User or any other person or entity.
6. Security of Data.
6.2 Security Measures Required of Users. When a User accesses the Website(s), Application(s), Content, or Services, Company may require that a secure connection between a User’s computer and Company’s server be established. To accomplish this, Company and its affiliates, agents, or Service Providers may use a technology called Secure Socket Layers (SSL), an encryption technology that works with most browsers. A secure connection is maintained until a User leaves the secure area. Although SSL encryption is intended to safeguard the confidentiality of Personal Information as it travels via the Internet, ironclad security does not exist on the Internet, and accordingly, Company cannot guarantee the safety of the transmission of any Personal Information over the Internet.
7. Additional Provisions.
7.1 COPPA. Company will ensure that its Website(s) and Application(s) comply with COPPA, to the extent applicable. Company does not attempt to knowingly solicit Personal Information from children under the age of 13. If Company learns that someone under the age of 13 has provided Personal Information without his or her parent’s or guardian’s consent, Company will use reasonable efforts to remove such information from its records.
7.3 Servers. Company may possess Data on servers located throughout the United States or in other countries.
7.5 Updating Personal Information. Company takes reasonable steps to ensure that Personal Information is accurate, complete, and current, but depends on Users to update or correct their Personal Information whenever necessary. Users must identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and Company may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required.
7.9 Notice of Privacy Rights to California Residents. California law requires that Company provide Users with a summary of privacy rights under the California Online Privacy Protection Act and the California Business and Professions Code. California law requires Company to inform a User, upon request, of the following: (i) the categories of Personal Information Company collects and what third parties Company shares that information with; (ii) the names and addresses of those third parties; and (iii) examples of the products marketed by those companies. California law further requires Company to allow a User to control whom the User does not want Company to share that information with. To obtain this information, please send a request by email or standard mail to Company. When contacting Company, a User should identify the User’s name, address, email address, and what Personal Information the User does not want Company to share with third parties. The request should be labeled “California Customer Choice Notice.” Company may take up to thirty (30) days to respond. There is no charge for a User’s request to control the sharing of Personal Information or giving notice under this Section 7.9.