Last Revised: September 15, 2020.
II. Categories of Personal Information Acquired About You
Depending on the circumstances and which Service you use, we may collect, obtain or otherwise acquire the following types of Personal Information about you, and we make and retain inferences drawn from such information:
(1) Identifiers, such as your name, signature, postal address, zip code, email address, telephone number, unique online identifier, IP address, User ID, and Device ID.
(2) Certain characteristics, such as gender, marital status, nationality, and country of origin, that are protected by applicable law.
(3) Commercial information, such as purchase history.
(4) Internet or other electronic network activity information, such as website or app activity data, call logs, text messages, and emails.
(5) Geolocation data, such as the precise physical location of your Device.
(6) Audio, electronic, visual, thermal, olfactory, or similar information, such as voice recordings, video recordings, physical characteristics or description, and photos.
(7) Professional or employment-related information, such as occupation, employment history and record, and resume.
(8) Education information such as academic record.
(9) While we generally do not obtain other Personal Information that is often considered “highly sensitive,” such as biometric information (e.g., fingerprints, facial recognition images), financial account information (e.g., bank account, credit, debit or other payment card numbers or other financial information), government issued identification numbers (e.g., social security number, drivers’ license number, passport number, or state identification card number), insurance policy number, or medical, health or insurance related information, we may do so when such Personal Information is necessary to offer you certain services.
III. How We Acquire Personal Information
A. Personal Information You Provide. We often receive Personal Information because you provide it to us. For instance, when you enter a contest, complete a survey, purchase a Product, or register and/or set up an account/profile or attend a conference or event, you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or payment account number, or other payment information, as well as your name, telephone number(s), email and/or street address. Other Personal Information such as your age, gender, and preferences may also be requested. In addition, we may acquire your Personal Information when you contact us by telephone, postal mail, social media interaction or messaging (e.g., email, SMS, MMS, or similar technologies). We also may acquire Personal Information that you provide about other people, for example, when you use our “refer-a-friend” email feature or purchase one of our Products as a gift.
B. Personal Information Automatically Collected. The Service also automatically collects certain information, some of which may be deemed Personal Information. The information collected may include, without limitation, information about your Device, such as the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and/or your Device, as well as date/time stamp, IP address, webpages visited and actions taken on webpages, time of visits, Content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The Service may collect such information even if the Service is not open on your Device or you’re not logged in. See Section VI for more information on cookies and other technologies used to automatically collect information on or through the Service.
C. Personal Information Acquired Elsewhere. We may also acquire your Personal Information offline, from third parties, or otherwise outside of the Service. For example, we may purchase or otherwise acquire Personal Information from third party consumer data suppliers/resellers, data enrichment providers and aggregators, business contact databases, government entities, and our affiliates.
D. Social Network Integration. If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Service, we may receive Personal Information that has been made available to those services, including Personal Information about your contacts on those services. For example, some social networking services allow you to push Content from our Service to your contacts or to pull information about your contacts so you can connect with them on or through our Service. Some social networking services also will facilitate your registration for our Service or enhance or personalize your experience on our Service. You should make sure you are comfortable with your Personal Information the third party social networking services may make available to us by visiting those services' privacy policies and/or modifying your privacy settings directly with those services. We treat Personal Information that we receive through third-party social networking services in the same ways as all of your Personal Information we receive through our Service (as described in Section IV below).
E. Be Careful Publicly Posting Personal Information. Please be aware that Content and Personal Information that you disclose in publicly accessible portions of the Service may be available to other users, and may also be made available outside the Service by third parties, so you should be mindful of all Personal Information, especially sensitive Personal Information, that you may wish to post.
IV. How We Use Your Personal Information
A. Processing Your Requests. We use your Personal Information to process your request for Content, to process your attendance at an event or conference, and/or to process your request for Product(s). For example, if you subscribe to any of our Products we may use your e-mail address to send you a confirmation notice and your mailing address to send you the Product. Similarly, if you enter a contest, we will use your Personal Information to notify you if you are a winner. If you enter a contest or submit Content to us (e.g., a “letter to our editors” or online review or comment), we may also publish your name, screen name, home town and other Personal Information you have provided to us.
B. Administering the Service. We also use and share your Personal Information for any lawful purpose in connection with administering the Service, including without limitation for customer service, to help diagnose problems with servers, to improve Products that we offer by tailoring them to perceived preferences, to gather broad demographic information, to analyze trends, to seek compatible advertisers, sponsors, clients and customers, and to track users' movements around the Service and elsewhere on the web or across apps and/ devices. Your geolocation data may specifically be used to show you Content (including advertising and sponsored messaging) based on geographic location.
C. Access by Third Parties.
(1) Service Providers. We allow access to your Personal Information by Service Providers that perform services for us, but only for the purpose of and to the extent necessary to perform those services. For example, Service Providers help us with technical maintenance, market research, community and forums management, auctions, e-commerce, personal/job search, list rental, data coop management, and other advertising functionality, including OBA (as defined in Section VII below), as well as credit/debit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. While we may seek to require Service Providers to follow appropriate privacy policies and will not authorize them to use your Personal Information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.
(2) Third Party Businesses. There are also times when you provide Personal Information to us in areas of the Service that may be managed or participated in by one or more Third Party Business(es). Moreover, we rent, sell, share, and transfer Personal Information to (i) list buyers who market their goods and services (commonly known as “list rental”); (ii) our advertising, marketing and sponsorship clients to market their goods and services; (iii) “data coops”, which are pooled databases containing the customer information of multiple publishers to enable the marketing use of such customer information by participating publishers; and (iv) consumer data suppliers/resellers, data enrichment providers and aggregators, and other entities in the online behavioral advertising ecosystem for purposes of OBA (as described in Section VII below), data optimization, lead generation, and other data driven projects. In all such cases, the Personal Information may be used by us and by such Third Party Business(es) for their own purposes, each pursuant to its own policies. While we may seek to require Third Party Businesses to follow appropriate privacy policies, we do not bear any responsibility for any actions or policies of third parties.
(3) Related Entities. We share your Personal Information with our parent, subsidiaries, affiliates and other related entities, and our advisors, including lawyers, consultants, accountants, and others, for all purposes described in this Section IV.
(4) Categories of Third Parties. For the sake of clarity, here is a list of recipients to whom we disclose Personal Information:
Service Providers, as described in Section IV(C)(i) above;
Third Party Businesses, as described in Section IV(C)(2) above;
Related Entities, as described in Section IV(C)(3) above;
Governmental and law enforcement officials, or parties to legal proceedings, as described in Section IV(E) below.
Persons involved in an acquisition of our business or assets, as described in Section IV(G) below.
D. Marketing Communications. We may also use your Personal Information to communicate with you about new features, events or Products offered by us and Third Party Businesses, including our advertising, marketing and sponsorship clients.
F. Employment Opportunities. If you provide your Personal Information to us in connection with an employment inquiry, we will use your Personal Information to evaluate your job application, and for related recruiting, reporting and recordkeeping purposes. We may maintain your Personal Information on file, whether we hire you or not, to administer your relationship with us and/or for job applicant related reporting and recordkeeping for as long as required or permitted by law.
G. Transfer or Sale of Our Business. As our business changes, we may buy or sell various assets owned or controlled by us. In the event all or a portion of the assets are sold, assigned, transferred or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy or otherwise, your Personal Information may be among the transferred assets.
H. Combining Information. We may merge, co-mingle, or otherwise combine information, including Personal Information, in furtherance of the purposes above.
V. Opt-Out of Marketing; How to Update Your Personal Information
B. How to Opt-Out of Marketing Messages from Us. If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. But note that you may continue to receive certain communications from us that are necessary for the Service, such as renewal notifications, invoices, technical notices, updates, security alerts, and support and administrative service bulletins.
VI. Cookies and Related Technologies; Do Not Track (DNT)
A. Cookies/Local Device Storage. The Service will at times place and/or store code or other types of information and/or software on your Device or within your browser, such as cookies (including flash cookies), locally shared objects, and HTML5 (collectively, "Local Device Storage"). We and Third Party Businesses may independently use Local Device Storage in connection with the Service in a way that collects Personal Information for the purposes described in the respective privacy policies, including without limitation to determine whether you have seen a particular advertisement before on the same or different Device and to otherwise control and tailor the display of ads to you based on your preferences, to track the movements of individual users through the Service and elsewhere on the web or across apps, devices, and geographic locations, to help diagnose problems with servers, to gather broad demographic information, to conduct research, to deliver editorial Content, to record registration and personalization information, and to otherwise administer the Service. For example, if you register on any part of the Service and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage.
B. You May Disable Local Device Storage. If you do not want Local Device Storage, your Device or browser may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Service may not function properly.
C. Tracking Technologies. In addition to Local Device Storage, we may use web beacons, web bugs, internet or pixel tags, clear gifs, digital fingerprinting (aka "Machine Identification") and similar technologies (collectively, together with Local Device Storage, the "Tracking Technologies") on the Service, including in our communications with you, such as within e-mail and text messages and push notifications. We and Third Party Businesses use Tracking Technologies to determine which messages have been opened by recipients, and for all or some of the same lawful purposes described above for use of Local Device Storage.
D. Do Not Track (DNT). Your browser setting may allow you to automatically transmit a "Do Not Track" (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when the Service receives a DNT signal from a visitor's browser. As discussed below, you may opt out of the use of your Personal Information for online behavioral advertising by third parties at any time. To find out more about DNT, please visit http://allaboutdnt.com.
VII. Online Behavioral Advertising (OBA) and How to Opt-Out of OBA
B. Opt-Out of OBA. If you do not want OBA, you may be able to opt-out by visiting http://www.aboutads.info, http://www.networkadvertising.org, http://www.youronlinechoices.com/uk/ and/or by clicking the “Ad Choices” icon that appears in advertising served through OBA. Please note that the option to opt-out applies only to tracking by Third Party Businesses across this Service and other sites, applications, destinations, and services, and not tracking among pages within the Service itself. Residents of the European Economic Area (EEA) and Switzerland have additional options as described below in Section XI(B) to exercise choices with respect to OBA. Residents of California have additional options as described below in Section X(A)(2) to exercise choice with respect to OBA.
VIII. Transfer of Your Personal Information Among Jurisdictions
IX. Information Security and Notification
A. Security Measures. We take reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, Personal Information.
B. No Liability for Breach. Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of your Personal Information or the security of servers, networks or databases, and by using the Service you agree to assume all risk in connection with your Personal Information. We are not responsible for any loss of such Personal Information or the consequences thereof.
C. Breach Notification. In the event that we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. If notification is:
X. Notice to California Customers - Your Privacy Rights
A. Consumer Privacy. The California Consumer Privacy Act, Cal. Civ. Code §1798.100 et. seq. (“CCPA”), grants residents of California certain rights with respect to their Personal Information and requires us to provide such individuals with certain information, described in this Section X(A).
Know the ways in which we acquire, use, share, disclose and otherwise process your Personal Information;
Know the specific pieces of your Personal Information that we hold;
Request the deletion of your Personal Information, subject to several exceptions; and
Not to be denied goods or services for exercising these rights
(2) California residents also have the right to opt-out of the “sale” of their Personal Information. We put “sale” in quotation marks because the CCPA considers some transfers of Personal Information to third parties in exchange for value as “sales,” even if no money changes hands, such as when online identifiers, Device IDs, and other information is shared with Third Party Businesses to further their own commercial purposes such as generating profiles about individuals.
California residents can exercise this right here: Do Not Sell My Personal Information. If we have actual knowledge that a California resident is younger than 16, we will request opt-in consent before selling their Personal Information. Note that we can still share Personal Information with third parties if those transfers aren’t “sales,” such as with our Service Providers.
(3) Depending on the circumstances and which Service you use, we have disclosed the following categories of your Personal Information for a “business purpose” (as defined in the CCPA) in the preceding twelve (12) months:
Internet or other electronic network activity information
Financial, medical, or health insurance information
Audio, electronic, visual, thermal, olfactory, or similar information
Inferences drawn from any of the above information categories.
(4) Depending on the circumstances and which Service you use, we have “sold” (as defined in the CCPA) the following categories of your Personal Information in the preceding twelve (12) months:
Internet or other electronic network activity information Inferences drawn from any of the above information categories, along with the following categories: (i) financial, medical, or health insurance information; (ii) audio, electronic, visual, thermal, olfactory, or similar information; (iii) professional information, and (iv) education information.
B. Shine the Light. California’s "Shine the Light" law, Civil Code Section 1798.83, gives California customers the right to prevent our disclosure of their Personal Information to third parties for those third parties’ direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose Personal Information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.
XI. Notice to Residents of the European Economic Area (EEA) and Switzerland
A. Purposes of Processing. As explained in Section IV above, we process your Personal Information to process your requests, to administer the Service, facilitate access by Service Providers, Third Party Businesses, and Related Entities, make marketing communications, facilitate health, safety and legal requests, respond to your requests in connection with employment opportunities, transfer or sell our business, and to combine data sets. As explained in Sections V – VII, we may also use, transfer and otherwise process Personal Information acquired from you directly or by use of Tracking Technologies, for marketing purposes, including to serve you with Online Behavioral Advertising (OBA).
C. Transfers. As described in Section VIII above, your Personal Information may be processed in or transferred to the U.S. or elsewhere in the world. We will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards.
i. Right to access and rectify your Personal Information. You have the right to obtain information about our processing of your Personal Information and a copy of your Personal Information that we store. You have the right to request that we update your Personal Information if it is inaccurate or incomplete.
ii. Right to request erasure of your Personal Information. You have the right to have your Personal Information erased from our systems if the Personal Information is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.
iii. Right to restrict our processing of your Personal Information. You have the right to restrict our processing if you contest the accuracy of the Personal Information we store about you, our processing is deemed unlawful and you oppose erasure of your Personal Information, or we no longer need the Personal Information for the purposes for which we collected it but we must store it to comply with our legal obligations.
iiii. Right to portability of your Personal Information. You have the right to receive your Personal Information and to transmit it to another controller where our processing is based on consent you gave us and was carried out by automated means.
v. Right to object to our processing of your Personal Information. You have the right to object to our processing where we process Personal Information based on legitimate interest.
vi. Right to lodge a complaint. You have the right to lodge a complaint about our collection and processing of your Personal Information to your Data Protection Authority. Contact details for Data Protection Authorities are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section).
XIII. GLOSSARY A
“Content” means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
“Device” means any computer, tablet, mobile phone, television, or any other device capable of accessing the Service.
“Product” means any merchandise, item, product and/or service, including without limitation Content, contests and surveys, magazines and other publications that may be featured, mentioned, reviewed, described, auctioned, given away, rented, sold, distributed, or otherwise available on or through the Service, either by us or third parties.
“Service” means each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features and functionality thereof, such as widgets, plug-ins, and embeddable players.
“Service Provider” has the same meaning as set forth in the CCPA, which in general means a for-profit legal entity to whom we disclose Personal Information for processing on our behalf for a “business purpose” (as defined in the CCPA) pursuant to a written contract.
“Third Party Business” means any third party unaffiliated with us to whom we disclose Personal Information for their own purposes, including without limitation our advertising, marketing and sponsorship clients, list buyers, data coops, consumer data suppliers/resellers, data enrichment providers and aggregators, and other entities in the online behavioral advertising ecosystem.
“We”, “Us” “Our” and “Flower Bomb Media”, whether capitalized or not, a California company, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.
“You” or “Your”, whether capitalized or not, means all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. “You” and “Your” also includes your administrators, executors, successors and assigns.