PARTICIPANT SHALL NOT USE THE SERVICES OR ANCILLARY SERVICES IF PARTICIPANT IS UNWILLING TO BE OBLIGATED TO BINDING ARBITRATION. THERE IS NO EXCEPTION.
COLLECTED PERSONAL INFORMATION. Personal Information refers to any information which can be utilized to identify, contact, or locate a Participant. Personal Information may include, but is not limited to, name, address, city, state, zip code, email address, social media handles, phone numbers, mobile numbers, IP addresses, Device Names, Device Identification Numbers, geographic location, referrer data, Browser type, platform type, access date, time stamp, links clicked, and activity duration. Personal Information is collected by active Participant submission, or indirect collection by the monitoring of Participant activities and such collection of Personal Information may not require submission, but may be collected indirectly. Participant activities may include, but is not limited to, various site or application registration, survey engagement, joining mailing lists, uploading information, entering promotions, entering sweepstakes, participating in contests, submitting testimonials, submitting stories, uploading images, or availing other Personal Information as the case may be. See CCPA applicable terms and regulations below to better understand applicability of California State law to California Participants.
PURPOSE OF PERSONAL INFORMATION COLLECTED. Personal Information is collected to improve the Services and Ancillary Services, avail Participants to a variety of financial and monetary incentives, to promote branding, advertising and various marketing techniques, and any other legitimate business purposes Company believes is reasonably prudent and necessary to Company’s commercial success. Collected information may be aggregated, profiled, distilled, and compiled into a variety of ways to serve the Company’s business purpose which may include, but not limited to, research, analytics, metrics, advertising, attribution, characteristic estimation, and other advertising predictive analysis.
REFERRALS. To the extent Company encourages and/or requests Participants to share and/or submit referrals to receive an incentive, in doing so Participant expressly agrees that Participant has secured referrals’ consent and permission to submit their respective information. Upon submission, referrals shall receive Company inquiries inviting referrals to become Participants. Referrals under Thirteen (13) years of age are strictly forbidden and any violation of this age threshold may result in termination of the Participant’s account.
COOKIES AND TRACKING TECHNOLOGIES. Company utilizes and allows Third Parties to utilize access cookies and other similar tracking technologies (collectively as “cookies”) on Participant Device(s), including, without limitation, web beacons and embedded scripts. Cookies may be individually used or in combination with other cookies. Company and Third Parties may collect information using a variety of access points, offline and online, in order to afford Participants, the opportunity to engage in relevant promotions and financial incentives for Participant. Cookies are small data files embedded within the Services and Ancillary Services which become stored on Participant’s Device(s). These Cookies capture information including, but no limited to, IP Address, operating system, screen display settings, browser type, use of Flash and Java and Device or software capabilities detection such a microphone or webcam access. Additionally, Cookies collect your Personal Information.
The purpose of utilizing Cookies is to engage Participants more effectively with promotions and offers, verification, analytics, and compliance. Cookies allow Company to provide Participants with
a) familiarity of sites, and other access points by remembering Participant’s prior site visits and/or engagements and by remembering credentials to aid in future re-entry of certain information,
b) to allow Company to customize the layout and tailor content shown to Participant across Devices, web browsers, email, mobile and other applications.
c) for anonymous and personally identifiable analytical and statistical purposes, quality control, validation and verification purposes
d) Third Parties may link the information collected to the cookie stored on Participant’s browser or Device, and may collect information including, but not limited to, IP address, browser or operating system type and version, and demographic. It is possible from time to time that Participant data may be transferred outside of the country from which it was originally collected
Company utilizes both session cookies (which cease once a browser is terminated) and persistent cookies (which allows for a continued small text file to be stored on Participants hard drive for a period of time.
Most browsers allow Participants to automatically transmit a “Do Not Track” signal to websites and online services.
DISCLOSURE OF INFORMATION. Company may disclose a Participant’s Personal Information when:
1) required by federal, state and local laws,
2) necessary to comply with a judicial order or proceeding,
3) required to cooperate with a criminal investigation,
4) governmental authorities require cooperation with an investigation,
6) as requested by law enforcement, and
7) in the sole discretion of Company, Company chooses to disclose to affiliates, third parties, or vendors that Company believes is necessary to achieve a business purpose.
Disclosures of Information may include IP addresses, Device descriptions, Device Identification Numbers, and geolocation attributes.
RIGHT TO TRANSFER. Use of Services and Ancillary Services grants Company the right, in Company sole discretion, to transfer any and all personal information in Company’s possession or under Company’s care, custody and control to any other entity, business, company through any transaction Company deems advantageous. Such a transfer may include, but is not limited to, merger, consolidation, restructuring, assignment of rights, partial or wholesale of assets, company restructuring, or securitized and collateralized transactions.
AGE ELIGBILITY. The Services and Ancillary Services are intended for general audiences and should be acceptable to those Participants Thirteen (13) years and older. For those Participants under the majority age of Eighteen (18) years of age, should only access the Services and Ancillary Services with the express permission of their parent or guardian. Prospective Participants younger than Thirteen (13) years of age, are forbidden from submitting any information whatsoever. To the extent such information is provided from those under the age of eligibility, Company will make commercially reasonable efforts to promptly remove the personal information received. CALIFORNIA NOTICE—California residents actually known to be between the ages of Thirteen (13) and Fifteen (15) years old, Company will make commercially reasonable efforts to utilize an application with the purpose of establishing an express acknowledgement and/or “opt-in” procedure prior to the submission and acceptance of personal information.
SECURITY WARRANTY DISCLAIMER. COMPANY SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN SECURITY OVER PARTICIPANTS’ PERSONAL INFORMATION. MEASURES ARE IN PLACE TO PROTECT AGAINST MISUSE AND ALTERATION OF THE PERSONAL INFORMATION UNDER COMPANY’S CONTROL. HOWEVER, UNDER NO CIRCUMSTANCES DOES COMPANY GUARANTEE OR WARRANTY, WHETHER IMPLIED OR EXPRESSED, THAT PERSONAL INFORMATION WILL NOT BE SUBJECT TO ERRORS IN TRANSMISSIONS, BREACHES BY UNRELATED THIRD PARTIES, OR OTHER CAUSES BEYOND THE COMPANY’S CONTROL. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RELATED TO THE BREACH, UNAUTHORIZED ACCESS, OR OTHER LOSSES RELATED TO THE MISUSE, ALTERNATION, OR OTHER FRAUDULENT ACTIVITY RELATED TO THE PERSONAL INFORMATION.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 grants California residents the right to request certain disclosures from businesses that they submit their Personal Information to as it relates to 1) if the business shares that Personal Information with third parties, 2) if Personal Information is shared with affiliates, 3) and does any sharing of Personal Information related to third parties’ or affiliates’ direct marketing purposes.
Once per calendar year, California residents may request that the business in question provide a list of companies with which it shares such Personal Information for the third parties’ or affiliates’ direct marketing purposes, and an inventory of the type and kind of Personal Information that the business shares.
The California Consumer Privacy Act of 2018, Civil Code §1798.100 et seq. (CCPA) grants California Residents:
A. the Right to Know About Personal Information Collected,
B. the right to request that a business disclose to them the Personal Information it collects, uses, discloses, and sells, subject to certain exceptions and limitations.
C. Right to Request Deletion of Personal Information collected or maintained by Company, subject to certain exceptions and limitations,
D. Right to Opt-Out of the Sale of Personal Information, in which under the CCPA, the “sale” of Personal Information broadly includes any communication of Personal Information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations,
E. Right to utilize an Authorized Agent wherein California residents may use an authorized agent to exercise certain privacy-related requests and rights on their behalf which may require a notarized statement for executed and notarized Power of Attorney governed by California Law appointing such authorized agent for such purpose which shall be mailed to 5961 Kearny Villa Rd, San Diego, CA 92123
F. Right to Notice of Financial Incentive by which California residents have the right to receive notice of financial incentives provided to them by a business,
G. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights by which California residents have a right not to receive discriminatory treatment by a business in the event that the California resident exercises one or more of their privacy rights conferred by the CCPA.
H. Right to Submit A Request. Company offers California Residents, or an authorized agent two (2) ways to submit requests regarding their California privacy rights under the CCPA: Online via email to email@example.com and by United States Mail to 5961 Kearny Villa Rd, San Diego, CA 92123 with Attention: California Privacy. Identify and Request Verification may be necessary, and from time to time Company may utilize a Third Party Verifier.
I. Right to Annual Publication of CCPA Statistical Data. Starting January 1, 2021, and updated annual at the discretion of CCPA, Company will publish a summary of statistical data pertaining to the following categories of California-resident consumer privacy requests: (1) “Requests to Know,” (2) “Requests to Delete,” and (3) “Requests to Opt-Out of Sale” in our Notice of Collation [BK1] of Info. The statistical data Company will publish will include: (A) the number of requests Company received in each category of California-resident consumer privacy request, (B) the number of such requests that Company complied with in (in whole or in part), (C) the number of such requests which Company denied and (D) the median number of days within which such requests were responded to.
Contact Us; Questions and Feedback
Notice shall be sent to Company via email to firstname.lastname@example.org or US Mail to 5961 Kearny Villa Rd, San Diego, CA 92123. Notice shall include nature and basis for dispute, enclosure of all pertinent documents, and the specific remedy Participant is seeking.
Participant agrees to pursue informal negotiation for a period of Sixty (60) days in good faith and without threat of future litigation. Should informal negotiation fail to resolve the outstanding issues, Participant agrees to a period of ninety (90) days with multiple sessions (at sole discretion of Company) of non-binding mediation to resolve any issue. Participant further agrees to prepay half of the legal cost for each non-binding mediation session before such non-binding mediation session takes place. Failure of Participant to post their respective non-binding mediation prepayment fees will result in waiver of claim in its entirety with prejudice.
Should non-binding mediation fail to resolve the dispute, Participant agrees to be obligated to binding arbitration as Participants sole remedy. Venue shall be Los Angeles, California, and binding arbitration shall be subject to the American Arbitration Association’s Commercial Arbitration Rules and the supplementary Procedures for Consumer-Related Disputes. Judgement upon any Arbitration ruling may be entered into a court of competent jurisdiction.
ANY DISPUTE RESOLUTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS ACTION LITIGATION.