Your California Privacy Rights
Table of Contents
Click on the links to navigate to the sections:
(A) Information about You that You Provide
(B) Information Collected Automatically
(C) Information Company Collects From Other Sources
(A) Tracking Technologies Generally
(B) Analytics and Advertising Tracking Technologies
10. State Notices
(A) Your California Privacy Rights
(B) Nevada Residents
Information about You that You Provide.
We and/or our Service Providers (defined below) may collect information you provide directly to Company and or our Service Providers via the Service. For example, we collect information when you use the Service, subscribe to notifications, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.
PII is most commonly collected when you submit information to us through a form on the Services. We only collect PII from you when you use certain Services. For example, if you sign up for a newsletter, participate in our brand ambassador program, or submit a customer service form, we may collect your name, address, telephone number, email, or other PII.
A. Information Collected Automatically.
Company, our Service Providers, and/or Third-Parties may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information is more generic in nature and tells us about your online habits and preferences, like when you browse our Services. These collection processes can also be used to help us offer a more entertaining and engaging experience. Usage Information doesn’t tell us who you are exactly, but it can tell us things like the pages you’ve viewed, how long you spend on our Services, what links you’ve clicked on, the time in which you view content, and where you are located.
The type of Usage Information we may collect from you may also include information about what you look at on our Services, when you visit our Services, what advertisements you respond to, the types of devices you use (computer, tablet, smartphone, etc.), your IP address, device identifier, browser type, operating system, links you follow from other websites, and content you engage with. This type of information is sometimes combined to form aggregate data, which helps us summarize and analyze our customers’ experiences. We may also allow this type of information to be collected by ad networks. An ad network is a company that connects advertisers to websites for the purpose of hosting advertisements. We also employ the use of analytics providers, such as Google Analytics, that may gather this same type of information. Aggregate data like this will not identify you individually and cannot be used to pinpoint any one specific person. Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Company with Company-Collected PII, Company does not consider Usage Information (including, without limitation, unique device identifiers) to be PII or Company-Collected PII.
B. Information Company Collects From Other Sources.
- to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about upcoming events;
- to enable you to participate in a variety of the Services’ features such as to enable you to participate in online surveys, entry sweepstakes, contests or other promotions;
- to improve the Services, marketing endeavors or our Services offerings;
- to customize your experience on the Services or to serve you specific content that we believe is relevant to you;
- to provide customer support;
- to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services’ policies;
- to improve the overall experience at the Services;
- for internal business purposes;
- prevent and address fraud, breach of policies or terms, and threats or harm; and
- Marketing: Subject to your communications choices explained in Section 7.C], and the rights of California residents, we may use your PII to send you marketing communications. Absent your consent (which may be by means of opt-in or your election not to opt-out, except for California residents which will be on an opt-in rather than opt-out basis, or a third party interaction described in the next bullet point), however, we will not share your Company-Collected PII with third parties, other than our affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
- Your Disclosure or Consent: Your activities on the Service may, by their nature, result in the sharing of your Company-Collected PII (as well as your other PII and your non-PII) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Company.
- Company’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, PII, Demographic Information, and Usage Information, in connection with their work on Company’s behalf, provided however, Company does not authorize its Service Providers to use Company-Collected PII provided by Company to the Service Providers to send you direct marketing messages other than related to Company and our affiliates absent your consent. Non-PII we collect about your interests and habits may also be shared as aggregate data (summarized information) or used by Service Providers for transactional or fulfillment purposes, such as to continue offering you relevant online services and improving our offerings.
- To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request.
In addition, Company may share your Company-Collected PII (as well as your other PII and your non-PII), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Company assets, or transfer of all or a portion of Company’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
The Service may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other services (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you and may solicit PII from you.
Certain functionalities on our Service permit interactions that you initiate between the Service and certain Third-Party Service, such as third-party social sharing features and other integrated tools (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Company’s content (e.g., using features created by Facebook); logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party-Service (e.g., to pull or push information to or from the Service). When you use these Social Features or share any PII through the use of these Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Company in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Company. Also, both Company and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
We may use Google Analytics, Adobe Analytics, or other Service Providers for analytics services. These analytics services may collect information about our users' computers or mobile devices and their online activities using cookies and other Tracking Technologies to help Company analyze Service users and how they use the Service. Information generated by these analytics services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. We allow this to better deliver and improve our Services.
We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Services. See Section 7 for more information on your choices regarding these services.
We may use third-party advertising companies to target advertisements to you on our Services, across the web, on your mobile device and on any of your other devices, based on the information we have collected from and about you, as well as information relating to your and other users’ visits to this and other websites and online services. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags) or recognize an identifier associated with your mobile device. These companies may also use these Tracking Technologies, along with PII they or we collect on the different devices you use, to recognize you across the devices you use, such as a mobile device and a laptop or other computer.
See Section 7 for more information on your choices regarding these services.
A. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Company currently does not alter Company’spractices when Company receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Company is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Company is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Tracking Technologies associated with the Services, but such tools rely on third parties and third party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective. For instance, here is where you can find cookie controls for popular browsers:
We do not represent that these third-party tools, programs or statements are complete or accurate. You will need to do this on each browser that you use to access our Services, and clearing cookies on your browser(s) may disable your preference settings. Also, our Services may not function properly or as intended if you block all or even certain cookies. Accordingly, you may want to consider the more limited opt-out choices noted in the next section.
B. Analytics and Advertising Tracking Technologies
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Company supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Company directly engages to serve you Interest-based Advertising will do so as well, though Company cannot guaranty their compliance.
Also, you may be able to exercise choices regarding Interest-based Advertising on your mobile device by adjusting the permissions on your mobile device. For example, for iOS 14, go to “Settings,” select “Privacy,” select “Tracking,” and then toggle off “Allow Apps to Request to Track.” For earlier versions of iOS dating back to iOS 6, go to “Settings,” select “Privacy,” select “Advertising,” and toggle on “Limit Ad Tracking.” For Android, go to “Settings,” select “Privacy,” select “Ads,” and then toggle on “Opt out of Ads Personalization.”
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.
Company is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
You can opt out of receiving certain promotional communications (emails or text messaging) from Company at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from Company to text the word, “STOP.” Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications,other subscription communications may continue. Even if you opt out of receiving promotional communications, Company may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
We may provide the ability for users to create and maintain personal accounts in connection with the Services. In such event, you may change or update your personal data and account information by signing in and accessing Account Settings within your user profile. You may also close your account on the Account Settings page. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law. If you wish to cancel or modify the email marketing communications you receive from us, you may do so by following the instructions contained within our promotional e-mails or by using the Contact Us page.
Our Services are intended for a general audience, are not directed towards individuals under the age of 13, and are not meant to be used or accessed by individuals under the age of 13. We do not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”), including phone numbers, addresses, and names, from users under the age of 13 (“Children’s Personal Information”), in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will readily remove such information to the extent required by COPPA. If you believe we might have any information from or about an individual under the age of 13, please contact us via our Contact Us page.
10. State Notices.
A. Your California Privacy Rights.
California residents have certain additional right as more fully detailed in our California Privacy Notice. In the event of a conflict between that notice and this policy, that notice will govern California resident’s privacy rights.
B. Nevada Residents.
We implement commercially reasonable physical and electronic security measures to protect against the loss, theft, misuse and unauthorized access, disclosure, destruction, and alteration of your Company-Collected PII. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot and do not guarantee the security of your information collected through the Service.
14. Contact Information.
Participant Media, LLC
331 Foothill Road, 3rd Floor
Beverly Hills, CA 90210