Last Revised: January 2020.
2. Categories of Personal Information Acquired About You
Depending on the circumstances and which Service you use, we may collect, obtain or otherwise acquire the following types of Personal Information about you, and we make and retain inferences drawn from such information:
1. Identifiers, such as your name, signature, postal address, zip code, email address, telephone number, unique online identifier, IP address, User ID, and Device ID
2. Certain characteristics, such as gender, marital status, nationality, and country of origin, that are protected by applicable law.
3. Commercial information, such as purchase history.
4. Internet or other electronic network activity information, such as website or app activity data, call logs, text messages, and emails.
5. Geolocation data, such as the precise physical location of your Device.
6. Audio, electronic, visual, , or similar information, such as voice recordings, video recordings, physical characteristics or description, and photos.
7. Professional or employment-related information, such as occupation, employment history and record, and resume.
8. Education information such as academic record.
9. While we generally do not obtain other Personal Information that is often considered “highly sensitive,” such as biometric information (e.g., fingerprints, facial recognition images), financial account information (e.g., bank account, credit, debit or other payment card numbers or other financial information), government issued identification numbers (e.g., social security number, drivers’ license number, passport number, or state identification card number), insurance policy number, or medical, health or insurance related information, we may do so when such Personal Information is necessary to offer you certain services, including without limitation utilizing user submitted photos.
3. How We Acquire Personal Information
A. Personal Information You Provide. We often receive Personal Information because you provide it to us. For instance, when you enter a contest, complete a survey, or register and/or set up an account/profile or attend a conference or event, you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or payment account number, or other payment information, as well as your name, telephone number(s), email and/or street address. Other Personal Information such as your age, gender, and preferences may also be requested. In addition, we may acquire your Personal Information when you contact us by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). We also may acquire Personal Information that you provide about other people, for example, when you use our “refer-a-friend” email feature.
B. Personal Information Automatically Collected. The Service also automatically collects certain information, some of which may be deemed Personal Information. The information collected may include, without limitation, information about your Device, such as the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and/or your Device, as well as date/time stamp, IP address, webpages visited and actions taken on webpages, time of visits, Content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The Service may collect such information even if the Service is not open on your Device or you’re not logged in. See Section VI for more information on cookies and other technologies used to automatically collect information on or through the Service.
C. Personal Information Acquired Elsewhere. We may also acquire your Personal Information offline, from third parties, or otherwise outside of the Service. For example, we may purchase or otherwise acquire Personal Information from third party consumer data suppliers/resellers, data enrichment providers and aggregators, business contact databases, government entities, and our affiliates.
D. Social Network Integration. If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Service, we may receive Personal Information that has been made available to those services, including Personal Information about your contacts on those services. For example, some social networking services allow you to push Content from our Service to your contacts or to pull information about your contacts so you can connect with them on or through our Service. Some social networking services also will facilitate your registration for our Service or enhance or personalize your experience on our Service. You should make sure you are comfortable with your Personal Information the third party social networking services may make available to us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We treat Personal Information that we receive through third-party social networking services in the same ways as all of your Personal Information we receive through our Service (as described in Section IV below)
E. Be Careful Publicly Posting Personal Information. Please be aware that Content and Personal Information that you disclose in publicly accessible portions of the Service may be available to other users, and may also be made available outside the Service by third parties, so you should be mindful of all Personal Information, especially sensitive Personal Information, that you may wish to post.
4. How We Use Your Personal Information
A. Processing Your Requests. We use your Personal Information to process your request for Content or enter a contest. For example, if you subscribe to any of our publications we may use your e-mail address to send you a confirmation notice. Similarly, if you enter a contest, we will use your Personal Information to notify you if you are a winner. If you enter a contest or submit Content to us (e.g., a “letter to our editors” or online review or comment), we may also publish your name, screen name, home town and other Personal Information you have provided to us.
B. Administering the Service. We also use and share your Personal Information for any lawful purpose in connection with administering the Service, including without limitation for customer service, to help diagnose problems with servers, to improve Services that we offer by tailoring them to perceived preferences, to gather broad demographic information, to analyze trends, to seek compatible advertisers, sponsors, clients and customers, and to track users’ movements around the Service and elsewhere on the web or across apps and/ devices. Your geolocation data may specifically be used to show you Content (including advertising and sponsored messaging) based on geographic location.
C. Access by Third Parties.
1. Service Providers. We allow access to your Personal Information by Service Providers that perform services for us, but only for the purpose of and to the extent necessary to perform those services. For example, Service Providers help us with technical maintenance, market research, community and forums management, auctions, e-commerce, personal/job search, list rental, data coop management, and other advertising functionality, including OBA (as defined in Section VII below), as well as credit/debit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. While we may seek to require Service Providers to follow appropriate privacy policies and will not authorize them to use your Personal Information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.
2. Third Party Businesses. There are also times when you provide Personal Information to us in areas of the Service that may be managed or participated in by one or more Third Party Business(es). Moreover, we rent, sell, share, and transfer Personal Information to (i) list buyers who market their goods and services (commonly known as “list rental”); (ii) our advertising, marketing and sponsorship clients to market their goods and services; (iii) “data coops”, which are pooled databases containing the customer information of multiple publishers to enable the marketing use of such customer information by participating publishers; and (iv) consumer data suppliers/resellers, data enrichment providers and aggregators, and other entities in the online behavioral advertising ecosystem for purposes of OBA (as described in Section VII below), data optimization, lead generation, and other data driven projects. In all such cases, the Personal Information may be used by us and by such Third Party Business(es) for their own purposes, each pursuant to its own policies. While we may seek to require Third Party Businesses to follow appropriate privacy policies, we do not bear any responsibility for any actions or policies of third parties.
3. Related Entities. We share your Personal Information with our parent, subsidiaries, affiliates and other related entities, and our advisors, including lawyers, consultants, accountants, and others, for all purposes described in this Section IV.
4. Categories of Third Parties. For the sake of clarity, here is a list of recipients to whom we disclose Personal Information:
· Service Providers, as described in Section IV(C)(i) above;
· Third Party Businesses, as described in Section IV(C)(2) above;
· Related Entities, as described in Section IV(C)(3) above;
· Governmental and law enforcement officials, or parties to legal proceedings, as described in Section IV(E) below.
· Persons involved in an acquisition of our business or assets, as described in Section IV(G) below.
D. Marketing Communications. We may also use your Personal Information to communicate with you about new features, events or publications offered by us and Third Party Businesses, including our advertising, marketing and sponsorship clients.
F. Employment Opportunities. If you provide your Personal Information to us in connection with an employment inquiry, we will use your Personal Information to evaluate your job application, and for related recruiting, reporting and recordkeeping purposes. We may maintain your Personal Information on file, whether we hire you or not, to administer your relationship with us and/or for job applicant related reporting and recordkeeping for as long as required or permitted by law.
G. Transfer or Sale of Our Business. As our business changes, we may buy or sell various assets owned or controlled by us. In the event all or a portion of the assets are sold, assigned, transferred or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy or otherwise, your Personal Information may be among the transferred assets.
H. Combining Information. We may merge, co-mingle, or otherwise combine information, including Personal Information, in furtherance of the purposes above.
5. Opt-Out of Marketing; How to Update Your Personal Information
California residents, see Section X below. EU persons, see Section XI below.
B. How to Opt-Out of Marketing Messages from Us. If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. But note that you may continue to receive certain communications from us that are necessary for the Service, such as renewal notifications, invoices, technical notices, updates, security alerts, and support and administrative service bulletins.
6. Cookies and Related Technologies; Do Not Track (DNT)
A. Cookies. A cookie is a small text file that is stored in your web browser that allows TBM or a third party (such as Service Providers) to recognize you. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising. Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”
When you access and/or use the Service, TBM or a third party may place a number of cookies in your browser. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies will always be used.
Each cookie serves one of four different purposes:
· Essential Cookies: These first party cookies allow users to use a feature of the Service such as: (i) staying logged in, or (ii) making purchases.
· Analytics Cookies: These cookies track information about how the Service is being used so that we can make improvements and report on our performance. We may also use analytics cookies to test new ads, pages or features to see how users react to them. Analytics cookies may either be first party or third-party cookies.
· Preference Cookies: These first party cookies store your Service preferences.
· Ad Targeting Cookies: These third-party cookies (also known as “behavioral” or “targeted” advertising are placed by advertising platforms or networks in order to: (i) deliver ads and tracks ad performance, and (ii) enable advertising networks to deliver ads that may be relevant based upon your activities.
We use additional technologies to help track user activities and preferences. For example, we use web beacons (also known as clear gifs, pixel tags or web bugs). Web beacons are tiny graphics (about the size of period) with a unique identifier that are embedded invisibly on web pages or emails. They are used to track user activities and communicate with cookies. You cannot opt out of web beacons used in webpages, but you can limit their use by opting out of the cookies they interact with. You can opt out of web beacons used in emails by setting your email client to render emails in text mode only.
Finally, we may set cookies that monitor links to our website that we send to you (if you have consented to receiving emails from us). These cookies are used to track visitors to our website sourced from these emails. To avoid these type of cookies, please follow the explanation below on how to change your browser cookies settings.
B. You May Disable Local Device Storage. If you do not like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit the help pages of your browser. Some useful information can also be found here: https://www.allaboutcookies.org/ Please note, however, that if you delete cookies or do not accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
D. Do Not Track (DNT). Your browser setting may allow you to automatically transmit a “Do Not Track” (“DNT”) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when the Service receives a DNT signal from a visitor’s browser. As discussed below, you may opt out of the use of your Personal Information for online behavioral advertising by third parties at any time. To find out more about DNT, please visit http://allaboutdnt.com.
7. Online Behavioral Advertising (OBA) and How to Opt-Out of OBA
B. Opt-Out of OBA. If you do not want OBA, you may be able to opt-out by visiting http://www.aboutads.info, http://www.networkadvertising.org, http://www.youronlinechoices.com/uk/ and/or by clicking the “Ad Choices” icon that appears in advertising served through OBA. Please note that the option to opt-out applies only to tracking by Third Party Businesses across this Service and other sites, applications, destinations, and services, and not tracking among pages within the Service itself. Residents of the European Economic Area (EEA) and Switzerland have additional options as described below in Section XI(B) to exercise choices with respect to OBA. Residents of California have additional options as described below in Section X(A)(2) to exercise choice with respect to OBA.
8. Transfer of Your Personal Information Among Jurisdictions
9. Information Security and Notification
A. Security Measures. We take reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, Personal Information.
B. No Liability for Breach. Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of your Personal Information or the security of servers, networks or databases, and by using the Service you agree to assume all risk in connection with your Personal Information. We are not responsible for any loss of such Personal Information or the consequences thereof.
C. Breach Notification. In the event that we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, push notification, or otherwise.
D. Data Retention Practices. Subject to your right to deletion as required by law, we will retain your information for as long as long as is reasonably necessary to engage with you in relation to the interaction for which we collected your information or as otherwise permitted by applicable law. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
10. Notice to California Customers – Your Privacy Rights
The California Consumer Privacy Act of 2018, Cal. Civ. Code §1798.100 et. seq. (“CCPA”), grants residents of California certain rights with respect to their Personal Information and requires us to provide such individuals with certain information, described in this Section X(A). This section is only applicable to California residents for purposes of compliance with the CCPA. Defined terms used in this section, including but not limited to “Business Purpose”, “Consumers,” “Personal Information” and “Sale” (or “Sell”) are used as such terms are defined by and interpreted pursuant to the CCPA.
· Identifiers, such as name and Social Security number;
· Protected characteristics classifications under California or federal law, such as sex and marital status;Personal information, as defined in the California safeguards law, such as contact information and financial information;
· Commercial information, such as transaction and account information;
· Geolocation data, such as device location;Internet or other electronic network activity information, such as browsing history and interactions with the Service;
· Audio, electronic, visual, and similar information, such as video, photography and call and video recordings;
· Professional or employment-related information, such as work history and prior employer.
· Education information, such as school and date of graduation; and
· Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
The sources we have collected this Personal Information from are: directly from California residents or their representatives.
If you are a California resident, you may request that we disclose to you the following information covering the 12 months preceding your request:
(1) the categories of Personal Information that we collected about you and the categories of sources from which we collected such Information;
(2) the business or commercial purpose for collecting Personal Information about you;
(3) the categories of Personal Information about you that we disclosed to third parties for a business purpose and the categories of third parties to whom we disclosed such Personal Information (if applicable); and
(4) the specific pieces of Personal Information we collected about you.
If you are a California resident, you may also request that we delete Personal Information that we collected from you.
Before TBM is able to accommodate any respond to any request, we may ask to verify your identity by providing us with certain information or identification. In some instances, we may decline to honor your request. For example, we may decline to honor your request if we cannot verify your identity or confirm that the Personal Information that we maintain relates to you, or if we cannot verify that you have the authority to make a request on behalf of another individual. In other instances, we may decline to honor your request where an exception applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer or where the Personal Information that we maintain about you is not subject to the CCPA’s access or deletion rights, such as information relating to our employees and contractors that is used for our employment and vendor management purposes.
Nonetheless, you have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
11. Notice to Residents of the European Economic Area (EEA) and Switzerland
A. Purposes of Processing. As explained in Section IV above, we process your Personal Information to process your requests, to administer the Service, facilitate access by Service Providers, Third Party Businesses, and Related Entities, make marketing communications, facilitate health, safety and legal requests, respond to your requests in connection with employment opportunities, transfer or sell our business, and to combine data sets. As explained in Sections V – VII, we may also use, transfer and otherwise process Personal Information acquired from you directly or by use of Tracking Technologies, for marketing purposes, including to serve you with Online Behavioral Advertising (OBA).
C. Transfers. As described in Section VIII above, your Personal Information may be processed in or transferred to the U.S. or elsewhere in the world. We will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards.
D. Individual Rights.
i. Right to access and rectify your Personal Data. You have the right to obtain information about how your Personal Data is being used, our processing of your Personal Data and a copy of your Personal Data that we store, which includes the right to obtain confirmation as to whether or not Personal Data concerning you is being processed, and, where that is the case, access to the Personal Data and the purposes of the processing; categories of Personal Data concerned; recipients or categories of recipient to whom the Personal Data have been or will be disclosed; where possible, the envisaged period for which the Personal Data will be stored; the existence of the right to request rectification or erasure of Personal Data or restriction of processing of Personal Data or to object to such processing; the right to lodge a complaint with a supervisory authority; where the Personal Data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling; the appropriate safeguards relating to the transfer of your Personal Data outside the EEA. You have the right to request that we update your Personal Data if it is inaccurate or incomplete.
ii. Right to request erasure of your Personal Data. You have the right to have your Personal Data deleted/erased from our systems if the Personal Data is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.
iii. Right to restrict our processing of your Personal Data. You have the right to restrict our processing if you contest the accuracy of the Personal Data we store about you, our processing is deemed unlawful and you oppose erasure of your Personal Data, or we no longer need the Personal Data for the purposes for which we collected it but we must store it to comply with our legal obligations.
iv. Right to portability of your Personal Data. You have the right to receive your Personal Data and to transmit it to either you or another controller/Service Provider where our processing is based on consent you gave us and was carried out by automated means.
v. Right to object to our processing of your Personal Data. You have the right to object to our processing (i) where we process Personal Data based on legitimate interest; and (ii) of Personal Data for direct marketing purposes at any time.
vi. Right to withdraw consent. You have the right to withdraw your consent for processing at any time, if the processing is based on consent.
vii. Right to lodge a complaint. You have the right to lodge a complaint about our collection and processing of your Personal Data to your Data Protection Authority. Contact details for Data Protection Authorities are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
EEA GDPR Representative firstname.lastname@example.org
Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, application, and/or other service you’re contacting us about.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the “Contact Us” section).
As used in this User Agreement, the following terms have the following meanings:
“Content” means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content, uploaded manually or bookmarked by you and/or other users.
“Device” means any computer, tablet, mobile phone, television, or any other device capable of accessing the Service.
“Service” means each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features and functionality thereof, such as widgets, plug-ins, and embeddable players.
“Service Provider” has the same meaning as set forth in the CCPA, which in general means a for-profit legal entity to whom we disclose Personal Information for processing on our behalf for a “business purpose” (as defined in the CCPA) pursuant to a written contract.
“Third Party Business” means any third party unaffiliated with us to whom we disclose Personal Information for their own purposes, including without limitation our advertising, marketing and sponsorship clients, list buyers, data coops, consumer data suppliers/resellers, data enrichment providers and aggregators, and other entities in the online behavioral advertising ecosystem.
“We”, “Us” “Our” and “TBM”, whether capitalized or not, means Future Media Group, Inc., a Delaware corporation, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.
“You” or “Your”, whether capitalized or not, means all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. “You” and “Your” also includes your administrators, executors, successors and assigns.