Guide to Contents
- 1. Scope
- 2. Types of Information We Collect
- 3. How We Use Your Information
- 4. How We Share and Disclose Information with Third Parties
- 5. Non-Personally Identifiable Information
- 6. Your Choices/Opt-Out
- 7. Your Security
- 8. Links to Other Site(s)
- 9. Children
- 11. California Privacy Rights
- 12. Disclosure for Legal Purposes
- 13. Non-Confidential Information
- 14. Assignment
- 15. Disputes
- 16. Class Action Waiver
- 17. Contact Us
2. Types of Information We Collect.2.1 We collect both "Personal Information" and "Anonymous Information" about our users. Personal Information is information that can be used to contact or identify you, such as your full name, email address, phone number, street address, as well as information that is linked to such information. Anonymous Information is information that cannot be used to contact or identify you, and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Site(s), including, without limitation, usage data.
2.2 Users can access and browse a majority of the Site(s), including downloading the Reward the Fan mobile application (the "App") without disclosing any Personal Information. However, akin to most website and mobile app providers, we passively collect certain information from your devices, such as your IP address, browser information, unique device identifier ("UDID") and/or your mobile operating system.
2.3 We may collect information that you provide directly to us. You may provide different types of Personal Information to us if and when you engage in certain activities that may be provided on the Site(s), such as creating an account, playing the Reward the Fan App Trivia Game, ordering a product or service, requesting information about career opportunities, submitting, posting or accessing various content or features, responding to and submitting a form(s), participating in our blogs, podcasts or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, or directly contacting us. It is optional for you to engage in such activity; however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.
2.9 If you access the Services through a desktop or mobile device, we may access, collect, monitor and/or remotely store geo-location data.
2.10 You may also be able to register for or login to the Site(s) through certain social media accounts, such as Facebook. In these situations, we will have access to the Personal Information that you have provided to such social media account. Please note that if you choose to connect your social media contacts and address book information with us, we may collect contact information for your listed friends pursuant to the terms of your social media account. In such case, you represent and warrant that you are authorized to provide us with all such contact information and are in compliance with your agreements with any such social media accounts.
2.11 We may also obtain information from other sources and combine that with information we collect directly. For example, we may collect information about you from third parties, including but not limited to identity verification services, fraud detection service providers, credit bureaus, mailing list providers and publicly available sources. If you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site.
2.12 We may also use third party services, such as Google Analytics, to track and analyze online behavior data of users. If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third party interest based advertising by visiting the Network Advertising Initiative's deactivation website at www.networkadvertising.org/choices/.
2.13 Other Collection Methods: If you choose to use our referral service to tell a friend about our Site(s), we will ask you for your friend's name and email address. We will automatically send your friend an email inviting him/her to visit the Site(s). We may send up to three (3) follow up emails. Reward The Fan stores this information for the purpose of sending this email(s) and tracking the success of our referral program.
2.15 We may communicate with you via push notification, email, SMS, MMS or other text message (to the extent you permit us to do so), and we may collect information regarding such communications, including, without limitation, confirmation when you open an email, read a Message or receive a push notification.
2.16 Some of your activity on and through the Services is public. This may include, but is not limited to, content you have posted publicly on, through or in connection with the Services, including without limitation on public portions of third party services, such as social media platforms.
3. How We Use Your Information.We may use the Personal Information we collect for various purposes, including to:
- personalize and tailor the features, performance and support of the Site(s).
- send you promotional/marketing information, newsletters, offers or other information from us or on behalf of our sponsors or partners
- perform internal operations, including fraud detection
- analyze, benchmark and conduct research on user data and interactions with the Services
- authenticate users
- provide the materials, goods and/or services we offer and/or you request
- enable you to participate in features such as sending and receiving invitations, surveys, reviews, blogs or forums, or to participate in special initiatives and to communicate with you about them
- complete your ticket redemption and/or any purchase transactions, fulfill your orders, keep you informed about the status of our goods and services and your orders
- identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
- conduct market research and to customized offers;
- improve our services and any merchandise selections, customer service, and overall Site(s) experience by aggregating and analyzing our customer data
- analyze the use of our products and services and information about visitors to the Site(s) to enhance our marketing efforts
- â¢\tupdate and maintain the accuracy of information about our customers
- communicate with you by email, text message, app notifications, or other means about our company, our products, or other information that we believe may be of interest to you
- if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates
- send you notices of a transactional, administrative or relationship nature or as required by law.
We may use the Anonymous Information we collect for various purposes, including to:
- perform internal operations on the Site(s)
- improve the Site(s) and customize the user experience
- aggregate the information collected via Cookies and Pixels to use in statistical analysis to help us track trends and analyze patterns
4. How We Share and Disclose Information with Third Parties. 4.1 We know how important it is to keep your information confidential. We will not rent, sell, or share your Personal Information with third parties, except as set forth herein.
4.3 We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; and (g) provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
4.4 You agree to allow us to share your geo-location information.
4.6 Aggregate Anonymous Information: Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other Users ("Aggregated Anonymous Information"). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties.
5. Non-Personally Identifiable Information.5.1 Through your use of the Site(s), we may also collect certain non-personally identifiable information from you ("NPII"). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate. We use NPII to maintain and administer the Site(s), analyze trends, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.
5.3 We may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Site(s). Pixel tags help us analyze users' online behavior and measure the effectiveness of the Site(s) and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user's online activities. In contrast to cookies that are saved on a user's computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence. Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Site(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site(s). This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site(s) you visited immediately before coming to the Site(s). Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Site(s) and your interaction with our advertising and other communications, but no Personal Information is shared with them.
5.6 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.
5.7 Third Party Functionalities: The Site(s) contains links to and/or enables certain third party functionalities to enhance your experience on the Site(s), including social plug-ins, tools and APIs. Prior to using any third party functionalities (e.g., Facebook "Like" button) on the Site(s), you should consult the privacy notices of the third party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
6. Your Choices/Opt-Out.6.1 You consent to receive certain communications from us. You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the "unsubscribe" button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at firstname.lastname@example.org and including the word "UNSUBSCRIBE" in the subject text. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Site(s) communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, as we must be able to communicate with you regarding your purchases.
6.2 Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe's Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
6.4 You may can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance's consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
6.5 When using the ad industry opt out tools described in Sections 6.2 through 6.4, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies' opt-outs may function differently than our opt-out, and we have no control over the practices of any third parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
6.7 If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP to any text you receive from us.
6.8 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Site(s). Please also update your Personal Information if it changes.
6.9 Registered users may terminate their account registration at any time, for any reason, by contacting us. Terminating your account registration will not necessarily remove previous public comments or other user content on public display on the Site(s). You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. Further, please note that we may be required to maintain certain Personal Information, or to maintain certain Personal Information for a period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from our active database, but may remain in our archives. We may retain your information for fraud detection or similar purposes. Note that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures. If you wish to cancel your account on the Site(s) or delete your Personal Information previously provided to us, you may send your request to us at email@example.com and include the words "DELETE ME" in the subject line with your specific request in the body of your communication.
6.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
7. Your Security.7.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Any payment transactions will be encrypted.
7.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Site(s), any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for circumvention of any privacy settings or security measures contained on the Site(s).
7.3 We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email and/or conspicuous posting on the Site(s) in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement; or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
8. Links to Other Site(s).8.1 While visiting the Site(s), you may link to websites operated by third parties or you may have come to the Site(s) using a link found in another website. This does not mean that we endorse these Site(s) or the goods or services they provide. We do not make any representations or warranties about any Site(s) that may be linked to the Site(s). Such other Site(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.
9. Children.This Site(s) is not directed to or intended for children under 13 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 13 years of age, and no part of our Site(s) is targeted to attract anyone under 13 years of age. We also do not send e-mail correspondence to anyone who advises that they are under the age of 13 years of age. If we later obtain actual knowledge that a User is under 13 years of age we will take steps to remove that User's Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at firstname.lastname@example.org so that we may delete and remove such information from our system.
11. California Privacy Rights.11.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: email@example.com and include the words "CALIFORNIA PRIVACY" in the subject line, and you must put the statement "Your California Privacy Rights" in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
11.2 In addition, please note the following:
(a) Users can visit the Site(s) anonymously;
(e) Users are able to change their Personal Information by emailing us or by calling us;
(f) Some Internet browsers include the ability to transmit âDo Not Trackâ signals that give you control over the collection and use of web browsing information. Because uniform standards for âDo Not Trackâ signals have not yet been adopted, we do not process or respond to such signals in users' web browsers at this time; and
(g) We allow the collection of users' behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Site(s) by third parties.
12. Disclosure for Legal Purposes. You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Site(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
13. Non-Confidential Information. We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
15.2 We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: firstname.lastname@example.org and include the words "DISPUTE NOTICE" in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
15.4 Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.
15.5 Selection of Arbitrator shall be made pursuant to JAMS' Streamlined Arbitration Rules & Procedures or JAMS' Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
15.7 Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
15.8 Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
15.9 Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).
15.10 Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in New York, New York, to enjoin infringement or other misuse of our intellectual property rights.
16. Class-Action Waiver.Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Last updated ____________, 2018