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Privacy Policy

Privacy

Last Updated and Effective as of: January 1, 2020

YOUR ACCEPTANCE OF THESE TERMS

By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by us. From time to time, we may change this Privacy Policy. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this website following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless we provide you with specific notice, no changes to our Privacy Policy will apply retroactively.

INFORMATION WE COLLECT AND HOW WE USE

  1. Personal Information. Your provision of your Personal Information to us that identifies you as a specific individual (such as your name and email address) is completely voluntary; it is not a statutory or contractual requirement. you provide us with your Personal Information that identifies you as a specific individual. For example our website may include the following features:
    • Contests/Sweepstakes
    • Surveys
    • Newsletter Sign-Up
    • Mobile Alert Sign-Up (SMS)
    • Contact Us (email)
    • Public forums (e.g. message boards)

To use these features, we may require you to provide your email address, mobile number, name and/or address and certain demographic information (e.g. gender, age, income level, etc.). When you give us Personal Information to use the features above, you expressly consent to our collection, storage, use and disclosure of this information as described in this Privacy Policy.

We may use your Personal Information to communicate with you about:

    • Your use of any of the features above;
    • New content on our website;
    • New contests;
    • Prize information;
    • News that we think may interest you about us; and
    • Responses to your questions/comments to us.

We may use your demographic information for in-house statistics, advertising, and marketing target information.

The legal basis for our processing of your Personal Information is that it is necessary for the performance and fulfillment of the contract between us and to provide you with our services. We will also process, transfer, disclose and preserve Personal Information and personal data when we have a good faith belief that doing so is necessary.

You can always opt-out of receiving future communications from us; see the Choice/Opt-out section below.

In addition, we may also collect certain types of information that, along with the Personal Information described above, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:

  • Transaction Data, which includes details about payments.
  • Technical Data, which includes internet protocol (IP) address.
  • Profile Data, which includes your username and password and information about your past purchases.
  • Usage Data, which includes information about how you use our website and services.
  • Marketing and Communications Data, which includes your preferences in receiving marketing from us.

IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “EU VISITORS” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Lastly, we collect information (some of which may also constitute Personal Information) that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We collect the following categories of personal information, and we have collected the following categories of personal information from visitors within the last twelve (12) months and will be collected from the following sources for the following commercial and business purposes :

Category Business and Commercial Purposes Categories of Sources Categories of Third Parties With Whom We Share Personal Information
Personal identifiers To provide information and services requested by you, help diagnose problems with our server and to administer our website, as well as to gather broad demographic information, such as country of origin and geographic location. From you, such as when you choose to participate in contests/sweepstakes,  surveys or public forums, sign up for newsletters or mobile alerts, or contact us via email. Service providers, including providers of the following services: sending postal mail, email and text messages, providing marketing assistance, conducting sweepstakes/contests, prize fulfillment and promotional activities, providing data analysis, processing credit card payments and providing customer service.
Personal information To provide information and services requested by you.

For in-house statistics, advertising, and marketing target information.

From you, such as when you choose to participate in contests/sweepstakes,  surveys or public forums, sign up for newsletters or mobile alerts, or contact us via email. Service providers, including providers of the following services: sending postal mail, email and text messages, providing marketing assistance, conducting sweepstakes/contests, prize fulfillment and promotional activities, providing data analysis, processing credit card payments and providing customer service.
Internet or other similar network activity or location data To help diagnose problems with our server and to administer our website.

To track your use of the site and its features and links.

To monitor traffic, improve our website and make it easier to use or more relevant to you.

To provide you with targeted advertisements about goods and services that may be of interest to you based on your use of the website and to track the effectiveness of ads served to you.

To personalize your experience with us, including by presenting products or offers tailored to you, to allow you to use, communicate and interact with others on our Web site, and as otherwise described below.

From you, automatically, when you interact with the website. Service providers, including providers of the following services: providing data analysis and providing customer service.

Advertising providers.

In addition, each of these categories of personal information may be collected, used and disclosed:

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • In connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including our Terms of Use).
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • When we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of ourselves, our clients, our users, or others.
  • 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 about our website’s users or other customers is among the assets transferred.

2. Other Information. Even if you don’t use any of the features above, when you use this website there is information collected that

  1. From your Browser. For example, our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not directly identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with our server and to administer our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on our website.
  2. Cookies. “Cookies” are small text files that are stored on your computer and record your preferences when you visit certain online pages. Our website uses cookies to track your use of the site and its features and links. We may also use cookies to monitor traffic, improve our website and make it easier to use or more relevant to you. If you provide us with personal information, cookies may be linked to that information. You may occasionally get cookies from third parties with links (e.g. merchandise retailers and ticket vendors) on our website. We do not control these cookies, and these cookies are not subject to our Privacy Policy. An example of a partner of ours that uses cookies on our side is Ad Swerve. To review their terms, please visit: https://www.adswerve.com/privacy-policy/.You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
  3. Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of our website that are programmed to collect Non-Personal Information about your use of our website. Like cookies, tracking tags provide overall usage patterns for our website that we use for analysis and to provide personalized services and advertising content.

INFORMATION COLLECTED BY/SHARED WITH THIRD PARTIES.

Other than as provided in this Privacy Policy, we do not share your Personal Information with third parties.

  1. Advertising. We partner with advertising companies who may use information from cookies and the tracking tags they place on our website to provide you with targeted advertisements about goods and services that may be of interest to you based on your use of our website and to track the effectiveness of ads served to you. These advertising company partners may anonymously track your Internet usage across other websites in their networks beyond our website. Any information that these advertising companies collect via cookies and tracking tags is generally not Personally  Identifiable Information (unless, for example, you provide Personally  Identifiable Information to them through an ad or email message). If you wish at any time to opt-out of the collection of information by these advertising companies, please contact us at privacy@situationinteractive.com. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.  We do not respond to automatically generated browser do-not-track (DNT) signals.
  2. Third Parties Doing Work for Us. We may employ other companies or individuals to perform functions on our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your Personal Information only as needed to perform their functions.
  3. Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third party sites may collect information, including Personal Information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third party sites.
  4. Social Networking Services. Our website may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
  5. When necessary. We may also release Personal Information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of ourselves, our clients, our users, or others. Of course, we may disclose any Personal Information about you to law enforcement, other government officials, or other third parties, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability.

MOBILE MESSAGE SIGN-UP

If you subscribe to receive messages and alerts from us on your mobile device, by providing us with you mobile number, you acknowledge and agree:

  • We are authorized to send you text messages which may include news, promotions and offers at the number you provide for such purposes until you opt-out as provided in the Choice/Opt-Out section
  • You are the owner or authorized user of the wireless device number you provide to us
  • You are at least 18 years of age
  • You reside in the U.S.
  • Your wireless carrier’s standard messaging rates apply
  • Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies
  • We do not guarantee the privacy or security of your wireless network or the messages you receive
  • We may access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints
  • We are authorized to use the information we obtain in connection with providing mobile messages to you as described in this Privacy Policy

PUBLIC FORUMS

At times, this website may contain message boards, and/or news groups available to its users. We request users to give us contact information, such as name, email, address, occupation, and interests to be a registered bulletin board user. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings; see the Choice/Opt-out section below. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose information.

DIRECTED AT ADULT MARKET

This website’s products and services are directed at an adult market, and therefore this website is intended for use by adults only. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the dangers of providing information about themselves over the Internet. Children of any age should always ask a parent for permission before sending Personal Information to anyone online. No information should be submitted to or posted on this website by users under 13 years of age without the consent of their parent or guardian.

Users that this website knows to be under the age of 13 are hereby required to provide the email address of their parent or guardian to the Administrator (privacy@situationinteractive.com) so that this website may alert the parent or guardian of their child’s use of this website. The parent or guardian must consent to this website’s collection of their child’s personal information. A known child user will be restricted from providing personal information until such consent is received. No information collected from users known to be under age 13 will be used for any marketing or promotional purposes outside this website. If this website collects personal information from children, it will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (U.S.C. 6501 et seq.).

CALIFORNIA VISITORS

  1. Shine the Light. California Civil Code section 1798.83 permits California residents to request information about whether we have disclosed personal information (as defined in California Civil Code section 1798.83(e)(6)) to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of such personal information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact us at the following email address: privacy@situationinteractive.com.
  2. California Consumer Privacy Act. If you are a California resident or have rights under a similar law in your jurisdiction, you have additional rights regarding your personal information.
    1. Right to Know about Personal Information Collected, Disclosed or Sold
      You have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
      • The categories of personal information we collected about you.
      • The categories of sources from which the personal information is collected.
      • Our business or commercial purpose for collecting or selling that personal information.
      • The categories of third parties with whom we share that personal information.
      • The specific pieces of personal information we collected about you (also called a data portability request).
    • Right to Request Deletion
      You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records.  However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against illegal activity.
    • Exercising Access and Deletion Rights
      To exercise the access and deletion rights described above, please submit a request to us by emailing us at privacy@situationinteractive.com or via the following number: 888-969-8407. Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. You may also make a request on behalf of your minor child. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information (including a reply email or phone number) that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative. We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

We do not charge a fee to process or respond to your verifiable consumer 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.

    1. Personal Information Sales Opt-Out and Opt-In Rights. You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page:
      https://www.situationinteractive.com/#work-form
      Alternatively, you may submit an opt-out request by calling 212-982-3192
      You may change your mind and opt back in to personal information sales at any time by emailing privacy@situationinteractive.com
    2. Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights, including, but not limited to, by denying you goods or services.
      Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties that are not reasonably related to the value of your personal information.
      Providing you a different level or quality of goods or services that is not reasonably related to the value of your personal information.
      Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
    3. Sharing of Personal Information. We may disclose your personal information to a third party for a business purpose and, subject to your right to opt-out (see Personal Information Sales Opt-Out and Opt-In Rights), we may sell your personal information to the categories of third parties set forth above in Personal Information. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: Personal identifiers
      Personal information covered by the California Customer Records statute
      Internet or other similar network activity. In the preceding twelve (12) months, we have sold the following categories of personal information:

Personal identifiers
Internet or other similar network activity

See above under Personal Information for more information regarding each category.

EU VISITORS

If you are located within the European Union, you should be aware that your personal data will be transferred to the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit personal data to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States. We transfer personal data from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal data of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation (“GDPR”). Situation Marketing LLC is the data controller of all personal data collected through our website. We may obtain personal data and other information about you through our third party partners who help us provide our products and services to you.

RIGHTS OF EU DATA SUBJECTS

If you are a resident of the European Union, under the GDPR, European Union residents, as data subjects, have the following rights:

  • Right to access – This right allows individuals to obtain confirmation as to whether or not personal data concerning him or her is being process and provide access to such personal data. It also allows individuals to request details of the processing of his or her personal data, including, without limitation, categories of recipients to whom the personal data have been or will be disclosed and purposes of processing.
  • Right to rectify – This right allows individuals to rectify any inaccurate personal data about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
  • Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
  • Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

To exercise your rights under the GDPR, please contact us at privacy@situationinteractive.com.

SECURITY

This website has commercially reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Information collected by our website is stored in secure operating environments that are not available to the public. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

RETENTION

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

CHOICE/OPT-OUT

This website provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor or email us at privacy@situationinteractive.com.

This website gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

  1. Users can send email to: privacy@situationinteractive.com
  2. Users can send mail to the following postal address:
    PO Box 1093 Midtown Station
    New York, NY 10018
  3. Users can call the following telephone number: 212.982.3192
  4. Users can opt-out of receiving future newsletter emails from us by selecting the “unsubscribe” link at the bottom of our newsletter
  5. Mobile message subscribers can respond to a text from us with the message “unsubscribe” to stop receiving text messages from us

However, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.

You have the right to withdraw your consent for our processing for your Personal Information by contacting us at privacy@situationinteractive.com.

CORRECT/UPDATE

This website gives users the following options for changing and modifying information previously provided.

  1. Users can send email to: privacy@situationinteractive.com
  2. Users can send mail to the following postal address:
    PO Box 1093 Midtown Station
    New York, NY 10018
  3. Users can call the following telephone number: 212.982.3192

SUCCESSORS

In the event that we are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to our obligations with respect to the personal information that you have provided to us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such personal information by an entity assuming control of our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.

CONTACTING THE WEBSITE

If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to privacy@situationinteractive.com. If you are a European Union resident and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.