Efffective Date: September 1, 2021
Your California Privacy Rights
— Company obtains your consent before knowingly sharing Personally Identifiable Information with third parties (other than affiliates) for their own direct marketing purposes.
— Company may share your non-Personally Identifiable Information, aggregate and/or de-identified information about you except as prohibited by applicable law.
· Collection of Information
— Company may ask you to provide Personally Identifiable Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality.
— Company and third parties may collect information from you automatically as you access the Service (e.g., information about the devices you use to access the Service and your usage activities).
–The information Company receives via the Service may be combined with information Company receives from third parties and sources outside of the Service.
– Company’s policies and practices regarding Personally Identifiable Information of children are explained
- INFORMATION WE COLLECT.
- Information About You that You Provide.
Company, and/or its Service Providers (defined below), may collect information you provide directly to Company and/or its Service Providers via the Service. For example, Company collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.
- Information Collected Automatically.
Company, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service ( “Usage Information” ). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Company with Company-Collected PI, Company does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Company-Collected PI.
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Location Information: The Service may include links in a format that enables us to keep track of the IP addresses from which these links have been followed. You further consent to our collection and use this information to improve the quality of our Services, product(s) and business operations.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them.
Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
- Embedded Scripts
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Company’s web server, or from a third-party with which Company works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by Company and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third-Party Services.
Company is giving you notice of the Tracking Technologies.
С. Information Company Collects From Other Sources.
- HOW WE USE THE INFORMATION WE OBTAIN.
- Allow you to participate in the features we offer on the Service;
- Facilitate, manage, personalize, and improve your online experience;
- Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
- Company’s and Affiliates’ marketing and other purposes;
- Improve the Service and for any other internal business purposes;
- Tailor our content, advertisements, and offers;
- Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
- Determine your location and manage digital content rights (e.g., territory restrictions);
- Prevent and address fraud, breach of policies or terms, and threats or harm; and
- To comply with legal process such as a search warrant, subpoena or court order, or if requested by regulatory agencies with authority over the tobacco industry such as the Food and Drug Administration.
- INFORMATION WE SHARE WITH THIRD PARTIES. KYLE, You Need to Look at this. This is above my Pay Grade
Company may share non-Personal Information, and Personal Information that is not deemed Company-Collected PI hereunder (provided that Company is aware of no restrictions of Company’s use, if any), with third parties, or Company and their affiliates ( “Affiliates” ) for any purpose. Company’s sharing of Company-Collected PI is, however, subject to the following:
- Marketing: Subject to your communications choices explained in Section 10.C , and the rights of California residents explained here , we may use your Personal Information to send you marketing communications. Absent your consent (which may be by means of opt-in, or a third-party interaction described in the next bullet point), however, Company will not share your Company-Collected PI with third parties, other than Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
- Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Company-Collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third-party, not Company.
- Company’s agents, vendors, consultants, and other service providers (collectively “ Service Providers ”) may receive, or be given access to your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Company’s behalf, provided however, Company does not authorize its Service Providers to use Company-Collected PI provided by Company to the Service Providers to send you direct marketing messages other than related to Company and Company Affiliates absent your consent. For more information on choices Service Providers may offer you click here .
- To comply with the law, law enforcement or other legal process, and in response to a government request (including, without limitation, Food and Drug Administration and other regulatory agency inquiries and requests); and
In addition, Company may share your Company-Collected PI (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Company assets, or transfer of all or a portion of Company’s business to another company ( “Corporate Transactions” ).
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
- INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.
Additionally, the Service may offer you the option to send a communication to a friend. If so, Company relies on you to only send to people who are at least twenty-one (21) years of age and who have given you permission to do so. The friend’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Company for any other marketing purpose unless Company obtains consent from that person. Your contact information and message may be included in the communication.
- THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps, plug-ins, application programming interfaces (“API”), and software development kits (“SDK”)), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personally Identifiable Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Company’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Company in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Company and Company Parties / Affiliates. Also, both Company and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Company may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross-Device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves.
- DATA SECURITY AND MONITORING.
Company takes reasonable measures to protect Company-Collected PII (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Company does not guarantee the security of your information collected through the Service.
- INTERNATIONAL TRANSFER.
Company is based in the U.S. and the information Company and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personally Identifiable Information, in the U.S., as well as for processing outside of the U.S.
- Minors’ Privacy.
In accordance with federal, state and local law, this Service is intended for individuals at least twenty-one (21) years of age and is not directed to minors.
- Accessing and Changing Information.
Company may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Company-Collected PII, and potentially certain other information about you (e.g., profile and account information). For instance, you can make changes to your account information by updating or modifying your online account information. Company will make good faith efforts to make requested changes in Company’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Company’s databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
- Сhoices, Tracking and Communications options and state notices.
- Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. On our consumer-facing websites we also offer a cookie preference tool that gives you the ability to make certain choices regarding cookies. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Company currently does not alter Company’s practices when Company receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Company is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser ( www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Company is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
- Analytics and Advertising Tracking Technologies.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Company supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Company directly engages to serve you Interest-based Advertising will do so as well, though Company cannot guarantee their compliance. Company is not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
We also engage a third-party partner for the purpose of identifying users and delivering to them marketing on our behalf (i.e., email or direct mail). Our partners may collect information directly from your device, such as your IP address, device ID, and information about your browser or operating system; may combine personal and non-personal information about you with information from other sources; and may place or recognize a unique cookie on your browser. This activity enables them to identify you to facilitate the delivery of marketing on our behalf. To opt out of recognition services, please go to https://idx.listrakbi.com/opt-out.html. To opt out of third-party cookies, please go to http://www.aboutads.info/choices.
You can opt out of receiving certain promotional communications (emails or text messaging) from Company at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Company to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Company may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
- Nevada Residents.
lthough we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us here and register an e-mail contact address for us to provide you notice in the event we should do so in the future, at which point you will have an opportunity to be verified and exercise your opt-out rights under that law. Contact us in the same manner to update your contact email for notices. Changing your email elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada notice contact information. It is your responsibility to keep your notice contact information current.
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