Big Brand Brief
- Access or use our Site;
- Register as an interactive member on the Site (“Commenter”);
- Register for our services via co-registration on another website; and/or
- Register as a content producer on the Site (“Contributor”).
Your California Privacy Rights:
Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please submit a request to us by using one of the contact methods provided below.
California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California resident.
Your Nevada Privacy Rights:
If you are a resident of the State of Nevada, please be aware that we do not disclose your personal information to any third party data broker.
Personally Identifiable Information Collected:
[Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected]
Non-Personally Identifiable Information Collected:
[Please see our Provisions for California Residents below for more details regarding the categories and types of non-personal information collected]
We may collect certain Non-Personally Identifiable Information (“Non-PII”) about you when you visit any of the Site’s pages, such as the type of browser you are using (e.g., Internet Explorer, Google Chrome), the type of operating system you are using, (e.g., Windows, IOS) and the domain name of your Internet service provider (e.g., Verizon, Time Warner). We use the Non-PII that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage.
We allow third-party companies to collect certain information when users visit our Site. These third party entities may utilize cookies, pixels or other tracking technologies to collect non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to serve you with advertisements about goods and services likely to be of greater interest to you.
In general, users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To learn more about these behavioral advertising practices, and/or to opt-out of this type of advertising where available, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info or Networking Advertising Initiative at www.networkadvertising.org/choices.
Cross Device Tracking:
We track your use of our offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your experience. We may collect certain of your PII across various devices.
Use and Sharing of PII:
[Please see our Provisions for California Residents below for details regarding our uses and sharing of personal information]
We use the PII that you supply to personalize your experience with the Site. The PII that you submit to us remains your property, but by submitting that PII you grant us the right, subject to applicable state and federal law, to use that PII for marketing purposes.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site and/or our offerings.
We will also use your PII for customer service, to provide you with information that you may request, to customize your experience with the presented offerings and/or to contact you when necessary in connection with your use of the offerings. We may also use your PII for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your PII by and through the offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via SMS in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive SMS text messages from us, delivered via automated technology, to the telephone number(s) that you provided. Furthermore, where you provide prior express consent, you understand and agree that we may use a third party vendor to record and store your registration and consent for compliance purposes. Please note that you are not required to provide this consent in order to obtain access to the offerings, and your consent simply allows us to contact you via these means.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time-to-time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit PII to be shared or transferred to third-parties without permission.
Security of Your Personal Information:
All collected information is stored in a technically and physically secure environment. We take precautions to protect PII both online and off-line. Where our registration/application process prompts Users to enter sensitive data (such as credit card information and/or Social Security Number), and when we store and transmit such sensitive data, that information is encrypted with advanced TLS (Transport Layer Security).
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. All of our users’ information, not just PII, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to PII. Furthermore, access to this information is strictly limited, and not accessible to the public. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action.
Please note that any attempt to breach the security of the network, our servers, databases or other hardware or software supporting the Site or other websites under our control constitutes a crime punishable by law. We will turn over to authorities, any and all evidence relating to a potential breach of security or other abuse against our network, servers, databases or other such supporting equipment or software. In compliance with applicable federal and state laws, we shall notify you in the event that we learn of an information security breach with respect to your PII. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
[Please see our Provisions for California Residents below for more details regarding the personal information of minors]
We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will never knowingly collect any personal information from individuals under eighteen (18) years of age. If we obtain actual knowledge that it has collected personal information of a minor, that information will be immediately deleted from our database.
Deleting, Modifying and Updating Your Information:
[Please see our Provisions for California Residents below for instructions on how California Residents can access and/or delete personal information that we have collected]
At your request, we will inform you of what PII we have on file for you. In addition, at your request, we will modify and/or remove PII that you have provided to us, or that we have collected. You may do so by sending your request via certified mail to our address or email address provided below. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that, after you delete your PII, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
To opt-out of receiving SMS text-based marketing (where and to the extent permitted by applicable law), you can follow the instructions at the end of the applicable marketing message or contact us at the email address provided below.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your use of the Site, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site-related and/or inquiry response-related messages from us, you must cease using the Site and cease submitting inquiries, as applicable.
Transfer of Personal Information Internationally:
Provisions for California Residents
Categories of Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver’s license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a CA User’s interaction with a website, application or advertisement.||YES|
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated CA User information.
- Information excluded from the CCPA’s scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above (including (a) full name; (b) e-mail address; (c) mailing address; (c) daytime and/or cellular telephone numbers; and (d) date of birth) from the following categories of sources (with the specific categories of personal information indicated in parenthesis):
- Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with our membership services, our sweepstakes and promotions and the other products and/or services that we offer by and through the Site. (Category A, B and C)
- Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Category A, B, C and F)
- Directly and indirectly from activity on the Site. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us. (Category F)
- • From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending SMS messages, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Category A, B, C and F)
Use of Personal Information
We may use or disclose the personal information that we collect (including (a) full name; (b) e-mail address; (c) mailing address; (c) daytime and/or cellular telephone numbers; and (d) date of birth) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your registration for our sweepstakes and promotions and/or our other products and/or services, we will use that information to process your registration. (Category A, B and C)
- To provide you with information, products or services that you request from us. (Category A, B, C and F)
- To create, maintain, customize and secure your account with us. (Category A, B, C and F)
- To provide you with SMS text messages concerning certain Company products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Category A, B, C and F)
- To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Category A, B, C and F)
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site’s Terms and Conditions. (Category A, B, C and F)
- To improve the Site and better present its contents to you. (Category A, B, C and F)
- For customer service purposes and to respond to inquiries from you. (Category A and B)
- For testing, research, analysis and product development. (Category A, B, C and F)
- As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Category A, B, C and F)
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Category A, B, C and F)
- To support proof of user consent for email marketing and TCPA purposes. (Category A, B, C and F)
- As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Category A, B, C and F)
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Category A, B, C and F)
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Sharing Personal Information
We will never share, rent, and/or sell your data for marketing purposes. Mobile numbers will not be shared with third parties.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A. Identifiers.
Category B. California Customer Records personal information categories.
Category C. Protected classification characteristics under California or federal law.
Category F. Internet or other similar network activities.
We disclose your personal information (including (a) full name; (b) e-mail address; (c) mailing address; (c) daytime and/or cellular telephone numbers; and (d) date of birth) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):
- Our affiliates. (Category A, B, C and F)
- Service providers. (Category A, B, C and F)
- Third parties who provide the products and/or services featured on the Site. (Category A, B, C and F)
Your Rights and Choices
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we have shared that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
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 CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, and where you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable User request to us by using one of the contact methods provided below.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
- Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require you to create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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; and/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.
Changes to these Provisions
We reserve the right to amend these Provisions in our discretion and at any time.
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable User request to us by either:
- Clicking here
- Calling us at: (866) 231-1473
- Emailing us at: [email protected] or
- Sending us U.S. mail to: 600 N Broad St Ste 5 #3107 Middletown, DE 19709