Data Privacy at Arkadium, Inc.
Last updated: October 2, 2023
Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to residents of those locations, or as required by applicable laws.
- Access or use our Properties;
- Communicate with us over email or text message, or otherwise via the Properties;
- Participate in our programs or events, including sweepstakes, contests or surveys; or
- Engage with us on social media.
We may provide different or additional privacy notices in connection with certain activities, programs, and offerings. Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.
- Personal Information We Collect from You
- How We Collect Your Personal Information
- How We Use Your Personal Information
- Arena Data
- Non-personal Information
- How We Disclose or Share Your Personal Information
- Links to Other Sites and Social Media Services
- Interest-based Advertising
- How We Protect Your Personal Information
- Data Retention
- Your Choices
- Nevada Privacy Rights
- Cross-Border Data Transfers
- Children’s Privacy
- Changes to This Policy
- Contacting Us
- California Privacy Rights
- Other State Privacy Rights
- European Privacy Rights
PERSONAL INFORMATION WE COLLECT FROM YOU
We use the term “personal information” – sometimes called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified, aggregated or that otherwise cannot reasonably be related back to a specific person is not considered personal information.
The following are the categories and types of personal information we may collect from or about you, depending on how you interact with the Properties:
- Identifiers, such as your name, email address, telephone number, and Arkadium Advantage account information;
- Additional characteristics that you provide, such as gender and date of birth;
- Country of origin or other information that permits us to determine your approximate location;
- Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
- Internet or other electronic network activity information, including, but not limited to browsing history, search history, and information regarding your interaction with a website, application, mobile app, or advertisement;
- Any other personal information that you voluntarily provide us.
HOW WE COLLECT YOUR PERSONAL INFORMATION
Personal Information You Provide
We collect personal information that you provide to us directly. This may include, but is not limited to:
- Information you provide when you contact us via email, text message, or through other Internet-enabled communications;
- Information you provide to us over the telephone or via regular mail;
- Information you provide when you create a profile or account on one of our Properties or subscribe to one of our Services;
- Content that you post to the Properties;
- Your responses to surveys that you choose to complete for us;
- Information you provide when you enter or win a contest or other promotion sponsored by us;
- Details relating to transactions that you carry out through our Properties, including any orders that you ask us to fulfill, and any payment or other financial information you provide to us relating to such orders;
- Your search queries on the Properties;
- Your interactions with our support providers;
- Any other information that you provide us on or through the Properties.
Personal Information We Collect Automatically
When you visit our Properties, open or click on emails we send you, or interact with our advertisements, we or third parties we work with may automatically collect certain information using some of the tracking technologies described below.
- Cookies and Similar Technology
- Clickstream Data
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Properties. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website or App, how visitors navigate throughout the Properties, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Properties and our Services.
- Social Media Platforms and Networks
If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (such as Instagram, Facebook, Twitter, or Google) in connection with our Properties, we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.
- Arena Data
We may obtain Arena Data from certain Arena Partners and their vendors, which we process on behalf of such Arena Partners in accordance with our contracts with them.
We may obtain data through your interactions with our Apps available through Apple iOS and Google Play. Such data may include your approximate location and device ID. When such data is collected, it is used only on a transient basis and therefore not retained.
- From Other Sources
We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.
HOW WE USE YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
- To communicate with you, which may include:
- Contacting you about our Properties;
- Responding to your direct inquiries, requests, issues or feedback, and providing customer service;
- Adding you to our mailing lists and sending you emails from time to time;
- To provide our products and Services, which may include:
- Operating the Properties, and providing you with any specific Services that you have requested;
- Creating, maintaining, and otherwise managing your account, profile, or subscription;
- Maintaining our leaderboard statistics;
- Delivering content and product and Service offerings relevant to your interests;
- Fulfilling your orders and/or completing the transactions you have requested, processing your payments through our third-party payment processor(s), and providing you receipts and order updates;
- Providing a forum for discussion, questions, and sharing experiences;
- For marketing and promotional purposes, which may include:
- Marketing our Services or goods and services of our affiliates, business partners, and other third parties;
- Providing you advertising for products and services that interest you;
- Administering sweepstakes, contests, and other similar promotions;
- For analytics and personalization, which may include:
- Identifying trends and drawing inferences from your interactions with us or our affiliates or our business partners;
- Conducting research and analytics to improve our Services and product offerings or those of our affiliates and business partners;
- Understanding how you interact with our Properties, advertisements, and communications with you to determine which of our Services are the most popular, and to improve Properties and marketing campaigns;
- Personalizing your experience to save you time when you visit our Properties;
- For security and fraud prevention, which may include:
- Helping maintain the safety, security, and integrity of our Properties, databases and other technology assets, and business;
- Internal research; technological development and demonstration; and improving, upgrading, or enhancing our Properties;
- Detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
- Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies related to our Properties;
- To comply with legal obligations, which may include:
- Compliance with legal or regulatory obligations, establishing or exercising our rights, and defending against legal claims;
- Responding to law enforcement requests and, as required by applicable law, court order, legal process, or governmental regulation;
- Acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of the Company or the division responsible for the Services with which your information is associated;
- To support core business functions, which may include:
- Maintaining records related to business process management, loss and fraud prevention, and to collect amounts owing to us;
- Providing and maintaining the functionality of our Properties, including identifying and repairing errors or problems; and
- For any additional purposes to which you specifically consent.
With respect to our Services as they apply to the Arena Data that certain Arena Partners direct us to collect, in some instances we do not process or use such Arena Data on our own behalf but rather at the direction and for the benefit of those Arena Partners who act as controllers. In other instances, we may act as the controller of such data. Some of our Arena Partners find that advertising is more effective and relevant when it is targeted to your interests and behaviors. In connection with our processing of Arena Data relevant to your possible interests and behaviors, some of our Arena Partners may employ various technologies to determine whether you have seen their advertisements or to create a profile to determine likely associations or connections between your devices. One use of such information is to provide more tailored advertising, marketing, measurement, analytics, and research about goods and services of interest to you across those various devices. Such information may form part of the Arena Data that we process on behalf of those Arena Partners.
We may collect information that is not personal information (“Non-personal Information”). Non-personal Information may include anonymous or aggregate data, or information lawfully made available from federal, state, or local government records. Because Non-personal information does not personally identify you, we may collect, use, and disclose such information for any purpose permitted by law. For example, we may aggregate or de-identify Personal Information so that the information does not personally identify you or anyone else. We reserve the right to develop and derive aggregate data (meaning information that relates to a group or category of individuals, from which individual identities have been removed) from personal information in order to enhance and maintain the Properties, and such aggregate data will be treated as non-personal information.
We may share your personal information with third-party vendors who may use your information to provide us with services including, but not limited to, website hosting, data analysis, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These vendors may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use your personal information for their own benefit.
- Corporate Affiliates
We may share personal information with our corporate affiliates and subsidiaries, who process personal information on our behalf, where necessary to provide a product or service that you have requested, or in other circumstances with your consent or as permitted or required by law.
- Business and Advertising Partners
We may share your personal information with third parties who partner with us to promote products and services, provide marketing and advertisements, conduct data analytics, or use the data for other commercial purposes. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).
- Legal Compliance and to Defend Our Rights
We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms and Conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- Business Transfers
We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of our Properties.
- Non-Personal Information
We may share non-personal information with unaffiliated third parties, such as business and advertising partners, manufacturers, distributors, and retailers, to improve and enhance your experience using the Properties, and for our own market research activities.
Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.
With respect to Arena Data, certain Arena Partners provide us with instructions on what to do with such information. For example, an Arena Partner may request that Arkadium compile reporting of aggregated user metrics and data associated with Arena performance, such as average player session duration, number of game plays, number of users, and scores. These choices and instructions may result in the access, use, disclosure, modification, or deletion of Arena Data. Our Arena Partners and their affiliates determine their own policies for the sharing and disclosure of Arena Data. We may transfer Arena Data to third parties on our Arena Partners’ behalf, and under such circumstances, we do so strictly according to our Arena Partners’ instructions.
LINKS TO OTHER SITES AND SOCIAL MEDIA SERVICES
The Properties may also integrate with social media services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Properties, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.
You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.
INTEREST BASED ADVERTISING
- Targeted Advertising / Behavioral Advertising
Our third-party partners or vendors may use your information to deliver targeted advertising to you when you visit our Properties or other websites. Cookies, clickstream data, and other similar technologies described below may be used in this process. For example, if you are searching for information on a particular product, our partner or vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “targeted advertising,” “behavioral advertising,” or “cross-context behavioral advertising,” enables our partners and vendors to know about your interests in connection with the delivery of a specific ad. We believe that such advertising is helpful because it allows you to see advertisements that are relevant to your interests.
If you would like to opt out of these interest-based advertisements, please follow the opt-out process described in the section titled Your Choices below.
- Cross-Device Matching
We may use your information to help us, or our third-party vendors, determine if you have interacted with our Properties across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated with each other and may further provide services to our advertisers to better enable cross-device targeting and analysis. To opt-out of or restrict our use of certain cross-device data, please see the section titled Your Choices below.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We will retain your personal information for as long as your account is active or as needed to provide you with the Properties, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. If you have an account with us, we will retain your account, marketing and user-provided data until you can cancel your account or request deletion of your personal information. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
- Opting Out of Messages or Services
We may send you marketing messages via email, SMS message. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email or replying STOP to a text message), or by sending an unsubscribe request to us at . We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.
- Cookies and Tracking Technologies
If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Properties or some of its functionality may be affected.
Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.
Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if you are a resident of California, Virginia or Colorado, we treat Global Privacy Control signals or other accepted universal opt out signals, when such signals are available and readable, as a means of opting out of the sale or sharing of personal information, or of opting out of the processing of personal information for targeted advertising, as applicable. Please see the sections titled California Privacy Rights and Other State Privacy Rights below for more information.
- Interest-Based Advertising
You may opt out of receiving targeted ads from certain data and advertising partners that participate in certain industry self-regulatory programs. The DAA provides a website at www.aboutads.info/consumers with information about how to opt out of targeted advertising from some or all of the DAA’s participating companies. Additionally, the Network Advertising Initiative (“NAI”) offers a website at http://optout.networkadvertising.org where you can opt out of interest-based advertising from some or all of the NAI’s members. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. In the event that we perform cross-device matching (as described above), once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes, and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.
For targeted advertisements delivered through mobile apps, users may opt out of certain ads or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, visit the following links:
- iOS - https://support.apple.com/en-us/HT202074
- Android - https://support.google.com/ads/answer/2662922?hl=en
You can also install the DAA’s AppChoices app on your device to opt out of targeted advertising by certain providers, and to select system-level advertising preferences on your device (such as “Limit Ad Tracking” on Apple devices, or “Opt-out of Interest-based ads” on Android devices).
Finally, to learn more from the NAI about how to opt out of targeted advertising on mobile devices, you can also visit the following link: https://thenai.org/opt-out/mobile-opt-out/.
NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information that we have collected (or may collect) from you to data brokers or other third parties. You can exercise this right by emailing us at with the subject line “Nevada Do Not Sell Request.”
CROSS-BORDER DATA TRANSFERS
If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement. Where applicable, we may use model clauses approved by the laws of your jurisdiction (such as Standard Contractual Clauses approved by the European Commission) for cross-border data transfers.
Our Properties are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 16. If we become aware that personal information (or other information that is protected under applicable law) from a child under 16 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 16, please contact us by using the information the section below titled Contacting Us.
CHANGES TO THIS POLICY
If you have any questions about our privacy or security practices, you can contact us at:
Mailing Address: 149 E. 23rd Street, #708 NY, NY 10010
Telephone: (212) 337-3796
CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020, provides you with specific rights regarding your personal information. This section describes the rights that California consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include: (i) information that is lawfully made available from federal, state or local government records; (ii) de-identified or aggregated data; or (iii) information excluded from the scope of the CCPA. These rights are granted only to the extent that you are a California consumer and we are acting as a “business” under the CCPA with respect to your personal information. The rights in this section are not intended to grant you additional rights, but only your rights under the CCPA.
In order to provide our Services to our Arena Partners, we may process Arena Data that we receive from or on behalf of them. If you are a California resident, you may have certain CCPA rights pertaining to such information. Under the CCPA, when we act as a “service provider” (not as a “business” or a “third party”) over such information, we only process your information through our Services as necessary to provide our services to our Arena Partners, at their direction. If you wish to exercise any of your rights under CCPA with respect to such information, please contact the relevant business that collected the information from you, who controls and determines how your information is processed.
Information We Collect
In the past 12 months, we have collected the categories of personal information described below for the business or commercial purpose(s) indicated. Depending on your level of interaction with us, we may not have collected your personal information from every specified category.
|Category||Examples||Business or Commercial Purpose(s)|
|Characteristics of protected classifications under California or federal law||Age, date of birth, gender||Age verification; analytics|
|Commercial information||Name, email, address, telephone number, payment information or any other financial information; records of products or services purchased; purchasing or consuming histories or tendencies||If you provide information to purchase a service, we will use that information to process your payment and facilitate your receipt of the product or service; we may also use your information to contact you about our products and services, to personalize your experience with us including by presenting products or offers tailored to you, to administer our sweepstakes or other Programs; to respond to your direct inquiries; and for analytics.|
|Geolocation data||Non-precise location information||User support to distinguish users from different locations; analytics|
|Sensitive personal information ("SPI")||Tax information, including social security number, solely for sweepstakes winners||Processing tax information for sweepstakes winners|
|Inferences||Inferences drawn from any of the categories described above to create a profile about a consumer reflecting the consumer’s preferences and characteristics||To personalize your experience with us, including by presenting products or offers tailored to you; analytics to create new game features; marketing and advertising; game preferences based on users’ activities|
Information We Disclose
Within the past twelve (12) months, we may have (i) disclosed your personal information; (ii) sold your personal information; or (iii) shared your personal information for cross-context behavioral advertising with the following entities:
|Category||Source||Disclosed in Prior Twelve (12) Months for the Following Business Purposes||Sold or Shared in the Prior Twelve (12) Months for the Following Purposes||Categories of Third Parties With Which We Disclose, Sell, or Share Personal Information|
|Sensitive personal information ("SPI")||Consumers||Federal and state tax authorities||N/A||Government tax authorities|
|Inferences||Consumer interactions with Properties||To personalize your experience with us, including by presenting products or offers tailored to you, for advertising and marketing, and as otherwise described herein.||Service providers who perform business services for us Marketing and advertising partners|
Rights to Your Information
- Right to Know
As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
- The categories of personal information we collected about you.
- The categories of sources from which the personal information is collected.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (see Data Portability Rights below).
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we maybe retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. The CCPA allows you to request your information from us up to twice during a 12-month period. We will provide our response in a readily usable (and usually electronic) format.
You have the right to request the correction of any personal information we maintain about you.
You have the right to opt out of the sale or sharing of your personal information, along with the right to opt in to the sale of such information. We do not knowingly sell or share the personal information of consumers under 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is less than 16 (but greater than 13) years of age, or the parent or guardian of a consumer less than 13 years of age. To our knowledge, we do not sell or share the personal information of minors under 16 years of age.
To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following: "Do Not Sell or Share My Personal Information." Alternatively, you may submit an opt-out request by emailing us at .
You have the right to limit the use or disclosure of your sensitive personal information (“SPI”) if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services. We currently do not collect or process any SPI except for consumers who have won a cash prize in a sweepstakes that we have administered. Consumers who have provided us requested materials offline that contain SPI may contact us directly at to assert any applicable privacy rights.
We will not discriminate against you for exercising any of your CCPA rights, including but not limited to, by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
To exercise the rights described above, please contact us by using the following methods:
After submitting a request, we will take steps, where required, to verify your identity so that we may properly respond and confirm that it is not a fraudulent request. In order to verify your identity, we will ask, at a minimum, that you provide your name and email address so that we may attempt to match this information with the information existing in our systems. In some instances, we may request additional information to help us identify you. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.
Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.
We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, the CCPA allows us up to 90 days to respond. We will still contact you within 45 days from when you contacted us to let you know we need more time to respond.
Notice of Financial Incentive
We may offer you financial incentives, including sweepstakes, discounts, coupons, gift cards, or other rewards, for sharing personal information through programs that we may provide from time to time (collectively, our “Programs”). For example, we may reward you with a gift card if you win a sweepstakes, or in connection with other offers. When we offer our Programs to you, we believe that the value of the different pricing or services you receive exceeds the cost of providing your personal information. Your participation in these Programs is completely optional and subject to the terms provided to you at the time you sign up.
You may withdraw from participation in a Program at any time by contacting us using the designated method set forth in the applicable Program rules. Visit the terms and conditions of each Program to view full details, including how to join. You may also withdraw from or opt out of our Programs at any time by contacting us at .
California “Shine the Light”
In addition to the above rights, under California Civil Code Section 1798.83 (“Shine the Light”), California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at . If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at .
OTHER STATE PRIVACY RIGHTS
Residents of Virginia, Colorado, Connecticut, and Utah (“Applicable States”) may have certain rights with respect to their personal information. These rights are established through the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”) and the Utah Consumer Privacy Act (“UCPA”) (collectively, the “Applicable State Laws”). The rights available to residents of these Applicable States are explained below.
The Applicable State Laws provide consumers who are residents of Applicable States with specific rights regarding their personal information. To the extent that you are a resident of an Applicable State, this section describes your rights under your Applicable State’s privacy laws and explains how you may exercise these rights.
These rights are granted only to the extent that you are a resident of an Applicable State and we are obligated to grant the rights stated below under Applicable State Laws with respect to your personal information. The rights in this section are not intended to grant you additional rights, but only your rights under Applicable State Laws.
Rights to Your Information
- Right to know. You have the right to know whether we process your personal information and to access such personal information.
- Right to data portability. You have the right to obtain a copy of your personal information that you previously provided to us or that we have obtained in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. Subject to certain exceptions, you may request such personal information free of charge up to once annually, except for Virginia residents, who may request such personal information up to twice annually.
- Right to delete. Residents of Virginia, Colorado, and Utah have the right to delete personal information that you have provided to us or that we have obtained about you; requests from Utah residents cover only personal information that you have provided directly to us. Please note that we may deny such requests to delete if the requested deletion falls under an exception as set forth in the Applicable State Laws. Additionally, if you request deletion of your personal information and we have obtained such information from a third-party source, we may retain such data by (a) keeping a record of the deletion request and the minimum data necessary to ensure that your personal information remains deleted from our records and that such retained data is not used for any other purpose, or (b) we may opt you out of the processing of such personal information for any purpose except for those allowed under the Applicable State Laws.
- Right to opt out. Residents of Virginia, Colorado, and Connecticut have the right to opt out of the processing of the personal information for purposes of: (i) targeted advertising; (ii) the sale of personal information; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Utah residents may opt out of the processing for the purposes described in (i) and (ii) of this paragraph.
- We process personal information for the purposes of targeted advertising;
- We do not sell your personal information in exchange for monetary consideration; and
- We do not engage in profiling decisions based on your personal information that produce legal or similarly significant effects concerning you.
- Right to correct. Residents of Virginia, Colorado and Connecticut have the right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes for which we process it.
- Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under Applicable State Laws. Unless permitted by the Applicable State Law, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
How to Exercise Your Rights; Verifying Your Identity
To exercise any of your Applicable State Law privacy rights, or if you have any questions about your privacy rights, you may contact us by:
After submitting a request, we will take steps to verify your identity so that we may properly respond and/or confirm that your request is not fraudulent. We may contact you for additional information as reasonably necessary to authenticate your request, but if we are ultimately unable to authenticate your request using reasonably commercial efforts, then we may not be able to comply with it.
Only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.
Response Time; Your Right to Appeal
We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, certain Applicable State Laws allow us an extension of our time to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension. We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.
If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so and, for Virginia, Colorado and Connecticut residents, provide instructions for how to appeal the decision. Residents of those states will have the right to appeal within a reasonable period of time after you have received our decision. Within 60 days of the time provided by your Applicable State Law of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state’s regulatory authority to submit a complaint.
The State Laws of Virginia, Colorado and Connecticut require companies to obtain a consumer’s affirmative consent before processing “sensitive data,” which may include, depending on the specific statute, information that reveals, among other things, precise geolocation data; citizenship or citizenship status; biometric data; personal data regarding a known child; and Social Security number or other government-issued ID. We will not process any such sensitive data from Virginia, Colorado, or Connecticut residents without first obtaining your consent. Additionally, for Colorado residents, we will not process any sensitive data inferences with first obtaining your consent.
EUROPEAN PRIVACY RIGHTS
IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where you have consented to a certain use of your personal data.
- Where we need to comply with a legal or regulatory obligation. To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.
If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager here: .
Provision of Personal data and Failure to Provide Personal Data
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services). In this case, we may not be able to provide certain Services to you.
Collection of Personal Data from Third-party Sources
We may obtain personal data and other information about you through public sources and through our third-party partners who help us provide our products and services to you.
Withdrawing Your Consent
We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please contact us at .
Use of Your Personal Data for Marketing Purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (generally called marketing). You will receive marketing communications from us if you have requested information from us or used our Services and, in each case, you have consented to our use of your personal data for marketing purposes.
Data Subject Rights
If you are situated in the European Union, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise your rights under the GDPR, please contact us at . Please note that for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. To verify your identity, we may need to gather more personal data from you than we currently have.