Hello! SP4SP LLC , provides the website located at www.miamibenzclub.com (the “Network”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Network and services accessible via the website. To make these Terms easier to read, the Network and the services it provides are collectively called the “Services.”
Agreement to Terms
Who May Use the Services
Registration and your information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via your client account located at SocialEngine . By connecting your account, you acknowledge that your email address will be linked to the Network.
You may use the Services only if you are 13 years or older and have an account with an active SocialEngine license. By using our services you warrant that you are 13 years of age or older.
Community Guidelines and Enforcement Rights
You are asked to respect the community of users on the Network. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with the Community Use Guidelines set forth below. If you use the Services in a manner that is inconsistent with the Community Guidelines, your Account may be suspended or terminated.
You agree not to do any of the following:
1. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
2. Access, tamper with, or use non-public areas of the Network, the Network’s computer systems, or the technical delivery systems of the Network’s providers;
3. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
4. Use any meta tags or other hidden text or metadata utilizing a Network trademark, logo URL or product name without the Network’s express written consent;
5. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
6. Use, display, mirror or frame the Site, or any individual element within the Site or Services, the Network’s name, any Network trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of the Network;
7. Attempt to probe, scan, or test the vulnerability of any Network system or network or breach any security or authentication measures;
8. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Network or any of the Network’s providers or any other third party (including another user) to protect the Services or Content;
9. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Network or other generally available third party web browsers;
10. Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Violate any applicable law or regulation; or
16. Encourage or enable any other individual to do any of the foregoing.
Network Enforcement Rights
Although the Network is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, it has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. The Network reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if it, at its sole discretion, considers any Content to be objectionable or in violation of these Terms. The Network has the right to investigate violations of these Terms or conduct that affects the Services. The Network may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
The Network does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Network and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to the Network a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, view, download, and print your User Content in connection with operating and providing the Services and Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by the Network on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. The Network is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by the Network
Subject to your compliance with these Terms, the Network grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. These links are provided only as a convenience and the Network is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Your access to and use of the Services may be terminated, at the Network’s sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The Services and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, the Network explicitly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising out of course of dealing or usage of trade. The Network makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Network makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless The Network and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
Neither the Network nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Network has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will the Network’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to the Network for use of the Services or content or one hundred dollars ($100), if you have not had any payment obligations to the Network, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the agreement between the Network and you.
These Terms constitute the entire and exclusive understanding and agreement between the Network and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Network and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Network’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Network may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by the Network under these Terms, including those regarding modifications to these Terms, will be given by the Network: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The Network’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Network. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Changes to Terms or Services
The Network may modify the Terms at any time, at its sole discretion. Any such changes will be reflected on the Terms of Service page and will supersede previous Terms.
SP4SP LLC and its affiliates (collectively, “SP4SP,” “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “site(s),” “service(s),” or “our sites and services.”
Data Controller and Contracting Parties
For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is SP4SP LLC registered in the State of Florida, United States of America with a registered address at 160 W Camino Real, Suite 192, Boca Raton, FL 33432.
You can contact our Data Protection Officer by sending an email to [email protected] or by writing to:
SP4SP LLC Attn: Legal Department 190 W Camino Real , Ste 192 Boca Raton, Florida, 33432 U.S.A.
1. Personal Information that You Provide to Us
Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you
Account or Registration Information where needed to use our sites and services, and may include your name, address, email address, telephone number, birthday, user account name, and password; Contact Information, which generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers; Payment Information where needed to process payments and generally includes your credit or debit card number, expiration date, and card verification number; Personal Profile or Service Information, which may include areas of interest, information from social media interactions (such as Facebook, Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and, biographical, health information and/or demographic information (such as gender); Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers; Geographic Location Information but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service; Job-Search-Related Information where needed for recruitment purposes and may include educational and employment background, driver’s license number, and social security number; Survey Data where needed for the functionality of certain services and generally includes survey questions and responses, and may allow you to import email addresses and names in order to send surveys or to allow us to send surveys on your behalf; Medical Information, where needed for the functionality of certain services, such as to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to provide to us; Appointment Information, where needed to schedule an appointment or consultation through our online appointment or consultation services and may include the requested appointment information, which may be linked with health or legal information that you choose to provide to us; Access to Your Data, but only if you use certain services, interactive tools, or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services; Your Submissions, which generally includes information you voluntarily provide through free form text boxes, forums, document upload, or data retrieval or import;
In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.
2. Other Information We Automatically Collect through Cookies and Other Technologies
We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.
In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.
2.2 Do Not Track
You can opt-out of being targeted by certain third-party advertising companies online by visiting the following third-party websites: Network Advertising Initiative, Omniture, PrivacyChoice, and/or Digital Advertising Alliance
We currently do not respond to “Do Not Track” browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our efforts to gather user information described above. If you arrive at our sites and services by way of a link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track” browser signal recognition will end as soon as you reach our sites and services.
3. Our Legal Bases for Processing
We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:
4. How We Use Personal Information
4.1 Personal Information that You Provide to Us
We may use the personal information that you provide in one or more of the following ways:
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
4.2 Other Information We Automatically Collect Through Cookies and Other Technologies
We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:
to remember you when you return to our sites; to understand and analyze trends, to monitor usage, and learn about user behavior; to gather demographic information about our user base as a whole; to customize ads, content, or offers on our sites and services; and to conduct market research and measurement in order to improve our sites, content, and services and to make our sites, content, and services more useful for users.
5. Sharing Personal and Non-Personal Information
We may share your personal information with third parties in the following circumstances:
We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
Non-personal information may be shared with our partners who referred you to our site(s) and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that pixel to optimize the traffic that they send to us.
6. User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings
7. Accessing and Updating Personal Information
We encourage you to keep your personal information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your personal information will depend on which sites or services you use and their features. You have several choices; for instance:
to view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page; to correct or update your account information, you can log into the site or service where you are registered and navigate to your account; to close your account, you can log into the site or service where you are registered and navigate to your account; to change your email preferences, you can visit the email preferences page for the relevant site or follow the opt-out or unsubscribe instructions included in each email (for more information about email preferences, please see “Email and Other Communications” below); or to access, change, or remove your protected health information, please see the “HIPAA” section below.
You can also manage certain aspects of information collection and use, including disabling geo-location, by going to the settings of your mobile device and reviewing the permissions of each application.
If you have questions about your options, please email [email protected] Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.
8. Storing Personal Information
9. Email and Other Communications
Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.
9.1 Text Messaging
We may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone, which will be governed by our Text Messaging Services Policy.
9.2 Opting Out of Requested Communications
Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt-out” of receiving them by using one of the following methods:
selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication; returning to the web page(s) where you originally registered your preferences and following the opt-out instructions; or emailing [email protected]
9.3 Opting Out of Transactional or Relationship Communications
Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.
9.4 Opting Out of General or Promotional Communications
General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:
selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication; or emailing [email protected]
10. Protecting Personal and Protected Health Information
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively referred to herein as HIPAA), residing on and processed by our sites and services.
We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.
11. Linked Websites and Services
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
Our sites and services may collect, disclose, use, and store PHI that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.
12.1 Use and Disclosure of Your Protected Health Information
When you use certain services (for example, appointment request) the PHI that you submit is used and disclosed by us as a Business Associate, as defined by HIPAA, according to the terms of the Business Associate Agreement between us and your healthcare provider. Accordingly, we may only use and disclose your PHI on behalf of, or to provide services to, your healthcare provider according to the terms of the Business Associate Agreement. There are exceptions to this use and disclosure restriction. Under such exceptions, we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.
We may subcontract some of our services. In doing so, we require our subcontractors to comply with the same terms and conditions for PHI that apply to us as a Business Associate.
12.2 How to Access, Change, or Remove Your PHI
Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact your healthcare provider.
Please note that you are not entitled to review the content of another user’s account. Accordingly, if you have used our sites and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared. Further, please note that other users may submit information that identifies you, and you may not be entitled to access, update, or delete that information. In either case, certain users, such as healthcare providers, may be required by HIPAA and other applicable laws or regulations to retain such information for extended periods of time.
Most of our Business Associate Agreements require us and our subcontractors to either return or destroy PHI received or created pursuant to the business associate relationship upon the termination of the Business Associate Agreement. Accordingly, if the Business Associate Agreement between us and your healthcare provider has been terminated, then any PHI that you submitted to our sites and services, or otherwise maintained by us or a subcontractor in connection with our sites and services, will be returned to the healthcare provider or destroyed by us or such subcontractor.
13. Children’s and Minor’s Privacy
Children under the age of 13 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete such information.
Our sites and services generally require users to be at least 18 years of age. Unless our sites and services contain the “Privacy Rights for California Minors in the Digital World” supplemental terms, our sites and services do not collect age from users under 18. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal information of minors. Such users assume full responsibility over their submission, use, and transmission of such information.
14. International Users
We are headquartered in the United States. Our sites and services are intended for users in the United States and hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and in other countries. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the United States and in any other countries from where our cloud service providers operate. Please be aware that the privacy laws and standards in certain countries may differ from those that apply in the country in which you reside. By using our sites and services or providing us with your information, you consent to the transfer of your information for processing and storage to the United States and any other country from where our cloud service providers operate.
15. California Privacy Rights
This section is provided pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”) and other applicable California privacy laws. This section applies solely to our users who are California residents as defined under applicable California privacy laws.
15.1 Information We Collect
Within the last twelve (12) months, we have or may have collected the following categories of information from our users and/or consumers:
identifiers, such as a name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number, or other similar identifiers; personal information listed under Cal. Civ. Code § 1798.80(e); characteristics of protected classifications under California or federal law; commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; biometric information; internet or other similar network activity, such as browsing history, search history, information regarding your interaction with a website, application, or advertisement; geolocation data; professional or employment-related information; and inferences drawn from any of the information identified in this section to create a profile about users reflecting user preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
15.2 Categories of Sources from Which Information is Collected
We obtain the categories of personal information listed above from the following categories of sources:
directly from users, such as you, as described above under “Personal Information that You Provide to Us”; indirectly from other users of our sites and services; indirectly from third-parties that interact with us in connection with the services that we perform; and directly and indirectly through cookies and other technologies, as described above under “Other Information We Automatically Collect through Cookies and Other Technologies.”
15.3 Using and Sharing of Personal Information
The personal information described in the categories above may be used for the business purposes listed above under “How We Use Personal Information.”
We disclose your personal information for a business purpose to the following categories of third parties: (a) service providers and (b) third parties to whom you authorize or direct us to disclose your personal information in connection with our sites and services. In the preceding twelve (12) months, we have disclosed the personal information described in the categories above for the business purposes listed above under “Sharing Personal and Non-Personal Information.” We also may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
15.4 Personal Information “Sold” to Third Parties
We may share information that we have about you, such as a cookie ID or IP address, with third-party marketing partners who may use this information, on our behalf, to help us deliver advertising on our sites as well as on third-party websites.
We do not sell the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA.
15.5 Your Access and Deletion Rights under the CCPA
As of January 1, 2020, California residents, as defined under applicable California privacy laws, may take advantage of the following rights:
You may request, up to two (2) times each year, that we disclose to you, once we receive and confirm your verifiable consumer request, the: (i) categories and specific pieces of personal information that we have collected about you; (ii) categories of sources from which your personal information is collected; (iii) business or commercial purpose for collecting your personal information; (iv) categories of personal information that we disclosed for a business purpose; (v) categories of personal information that we sold about you; (vi) categories of third-parties with whom we have shared your personal information; and (vii) business or commercial purpose for selling your personal information. Subject to certain exceptions and up to two (2) times each year, you may request that we delete any of your personal information that we collected from you. Once we receive and confirmed your verifiable consumer request for deletion, we will delete (and direct our service providers to delete) such personal information from our records, unless an exception applies.
15.6 Exercising Your Access and Deletion Rights under the CCPA
To exercise the access and deletion rights described above, please submit a request to us by either:
You will be asked to provide certain identifying information, such as your name, email, and residency. You will also be asked to validate your request by clicking a validation link in an email that will be sent to the email address you provided. While processing your request, we may ask you to provide further verifying documentation, such as proof of residency and identity. We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.
Your request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or that you have authority to make the request; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.
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 the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
15.7 Opting-out of the Sales of your Personal Information
Subject to certain exclusions under the CCPA, you have the right to opt-out of the sale of your personal information. Once we receive your request, we will not sell your personal information, unless an exclusion applies.
To opt-out of the sale of your personal information that we collected directly from you or other third-parties, please submit a request to us by either:
We may deny your request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent.
We will not discriminate against you for exercising any of your rights under the CCPA. Accordingly, and 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 the use of discounts or by 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.
We may charge a different price or rate or provide a different level of service if the difference is reasonably related to the value provided by your personal information.
15.9 Other Applicable California Privacy Laws
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
In accordance with Section 22581 of the California Business and Professions Code if you are a California resident under the age of 18, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
16. Nevada Privacy Rights
FOR RESIDENTS OF NEVADA ONLY. In accordance with SB 220, Nevada consumers may opt-out of the sale of their personal information to third parties. If you reside in Nevada and you have provided us with your personal information, you may choose to opt-out of the sale of such personal information by emailing us at [email protected] with “Nevada Privacy Right” in the subject line. We may request for additional information from you in order to verify your identity and/or the authenticity of your request.
17. EU Privacy Rights
FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:
request access to your personal information; request correction of your personal information; request erasure of your personal information; object to processing of your personal information; request restriction of processing your personal information; request transfer of your personal information; and withdraw your consent.
In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.
18. Contacting Us