You may choose whether or not to provide or disclose information that may be used, either alone or in combination with other information to personally identify an individual (“Personal Data”) in connection with your use of the 15SOF Services. If you choose not to provide the Personal Data we request, you may still visit parts of the 15SOF Services, but may be unable to access or use certain features, options, programs, and services. The 15SOF Services may contain links to third-party websites and services that are not owned or controlled by 15SOF. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.
1. PERSONAL DATA WE COLLECT
(a) Personal Data You Provide To Us Through Our 15SOF Services
Whether you access the 15SOF Services from your computer, smart phone, tablet, or other mobile device, 15SOF and its agents may collect Personal Data, including without limitation:
· your name;
· mailing address;
· telephone number;
· e-mail address;
· date of birth;
· user name;
· password (for account administration);
· profile picture;
· Biometric Data (as defined below); and
· Communications you send to us.
(b) Biometric Data- (excluding contests and sweepstakes sponsored by 15SOF)
In the performance of the 15SOF Services (other than contests and sweepstakes), we process Biometric Data in accordance with our Biometric Data Policy (Section 15). As used in our Biometric Data Policy, “Biometric Data” means Personal Data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images; provided that 15SOF’s systems and technologies do not collect, capture, store and/or make any use of face geometry. Note: We do not process biometric data in connection with your participation in our sponsored contests or sweepstakes including any submissions or entries you may provide to us.
2. HOW WE USE PERSONAL DATA WE COLLECT
- process and manage your use of our services;
- respond to and/or fulfill your inquiries or requests, and to post your comments or statements on message boards or in our online discussion areas or forums;
- create and deliver personalized promotions;
- communicate with you by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging about 15SOF and the 15SOF Services, including as it relates to events and special promotion;
- further our business or operational purposes through data analysis, audits, and fraud monitoring and prevention; and
- enhance, improve, or modify the 15SOF Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate and expand our business activities.
We may send you transactional communications using various electronic methods, including by email, SMS text messages, push notifications, and/or otherwise. Transactional communications may include, for example, notices to facilitate a recent transaction you have conducted, or messages with information about setting up a new account (including for account verification purposes) or about your existing account. Likewise, we may send you commercial messages containing promotions, offers, or other deals, or we may promote upcoming events and/or features relating to the 15SOF Services. At any time if you decide you would rather not receive commercial communications from us, you can opt out by following the steps in Section 5, below.
3. HOW WE MAY DISCLOSE PERSONAL DATA WE COLLECT
Your privacy is very important to us. Except as otherwise set forth in our Terms, we generally won’t disclose Personal Data about you to anyone outside of 15SOF, except in the following circumstances:
(a) Profile Information and Personal Content
We may share Personal Data about you, including your username and profile picture, as well as any content you post, send, share, or receive through the 15SOF Services, with professional sports leagues and/or our other business partners that license content to us.
(b) Service Providers
We may disclose Personal Data about you to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing, analytics and other similar services.
(d) To Perform Services You Request
We may disclose Personal Data about you to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and social media forums, including our Facebook page. Please note that when you post information in a public forum it becomes public information.
In addition, we may disclose Personal Data about you in order to identify you to anyone to whom you send communications through the 15SOF Services.
(e) Corporate Changes
We may disclose Personal Data about you to a third party in connection with a potential or actual corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
(f) Other Legal Reasons
In addition, we may use or disclose Personal Data about you as we deem necessary or appropriate:
· under applicable law, including laws outside your state or country of residence;
· to respond to requests from public and government authorities including public and government authorities outside your state or country of residence;
· to comply with subpoenas and other legal processes;
· to pursue available remedies or limit damages we may sustain;
· to protect our operations or those of any of our Affiliates;
· to protect the rights, privacy, safety or property of 15SOF, our Affiliates, you and others; and
· to enforce our Terms and any other terms and conditions.
4. INFORMATION COLLECTED AUTOMATICALLY
(a) Log Files on our 15SOF Services
The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.
“Cookies” are small text files containing pieces of data that are placed in your computer’s web browser to store your preferences. Cookie data does not directly identify you as an individual, but may be reasonably linked to data that does identify you that you provide to us through your interaction with the 15SOF Services and in such cases, may constitute Personal Data. A cookie will typically contain the name of the domain (Internet location) from which the Cookie has come, the “lifetime” of the Cookie (its expiration period), and a value (such as a randomly generated unique number).
As further described below, we use the following cookies, tags and trackers on the 15SOF Services:
Persistent, First Party
Used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect certain information, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.
Click here for more information on Google Analytics: https://support.google.com/analytics/answer/6004245
To opt out of Google Analytics visit: https://tools.google.com/dlpage/gaoptout/
(c) Website Analytics
(d) Device Information
We may collect information from your device when you view, access, use, or download the 15SOF Services. For example, when you upload content, including but not limited to a Selfie, to the 15SOF Services, we access your device’s camera. We also collect information about your device’s location through geo-locating technology, such as Wi-Fi access points, cell towers, GPS and similar technology. If you have given the 15SOF Services access to your device phonebook, we may share information about you with other users who have your phone number or similar contact information in their device phonebooks. You can usually restrict or limit 15SOF from collecting this information through settings on your device, though doing so may hinder functionality of the 15SOF Services.
(e) Online Advertising
15SOF may, ourselves or with third parties, use these technologies to track the actions of users of the 15SOF Services, to measure statistics of our marketing efforts, and to deliver advertisements on the 15SOF Services that may be more relevant to individual consumers and to otherwise improve the consumer experience on the 15SOF Services. For example, if you have given us your zip code, we may deliver to you advertisements that are specific to promotions in your area.
5. YOUR RIGHTS
If you reside in California, Nevada or the EU/UK, see, respectively, the “Your California Privacy Rights,” “Nevada Privacy Rights” and “Additional EU/UK Disclosures” sections below for further information about your rights regarding your Personal Data.
You may choose not to receive future promotional, commercial, or advertising communications from us by following the “opt-out” or “unsubscribe” or “STOP” instructions in the relevant communication or you can send your opt out request to 15SOF, by email to email@example.com and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to firstname.lastname@example.org. Please note, however, that you cannot opt out of receiving transactional communications related to your account with us or our services. Please note that even if you opt out of receiving the foregoing communications, we may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational communications (for example, in connection with a password reset request).
15SOF does not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer's online activities over time and across third-party web sites or online services.
6. HOW WE PROTECT PERSONAL DATA ABOUT YOU
We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Data provided or collected through the 15SOF Services. With respect to Personal Data collected through the 15SOF Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission.
Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect Personal Data about you, including ensuring that you have up-to-date antivirus software. If you believe that your account at 15SOF or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below.
7. RETENTION OF PERSONAL DATA
We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in above (how we use Personal Data we Collect), and (ii) comply with applicable law. In the case of Biometric Data, 15SOF will retain Biometric Data only until (and will require any 15SOF vendor that stores or processes Biometric Data on 15SOF’s behalf) the earlier of, (i) the initial purpose for collecting or obtaining such Biometric Data has been satisfied (i.e. when your 15SOF account is closed or terminated); or (ii) within three (3) years of your last interaction with the 15SOF Services. We may retain Biometric Data beyond the foregoing timeframes if we are subject to a valid warrant or subpoena issued by a court of competent jurisdiction.
8. SOCIAL NETWORKING SERVICES
We have worked with certain third-party social media providers to offer you their social networking services through our 15SOF Services. For example, you can use third-party social networking services, such as Facebook, to share information about your experience on our 15SOF Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our 15SOF Services. These third-party social networking services also may notify your friends, both on our 15SOF Services and on the social networking services themselves, that you are a user of our 15SOF Services or about your use of our 15SOF Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
We do not control such social networking 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 15SOF Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
You should be aware that Personal Data which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your Personal Data, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
9. LINKS TO OTHER WEB SITES
10. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding our disclosure of Personal Data to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, contact us by email at Privacy@15sof.com.
11. NEVADA PRIVACY RIGHTS
If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at Privacy@15sof.com.
12. CLASS ACTION WAIVER
Any dispute resolution proceedings, whether in arbitration or court, shall be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member of a class, consolidated, representative or private attorney general legal action. Your view, access, download or use of the 15SOF Services signifies your express consent to this waiver.
13. CHILDREN'S ONLINE PRIVACY
We do not target children and do not knowingly collect any personally identifiable information from children under the age of thirteen (13). When a user discloses Personal Data on the 15SOF Services, the user is representing to us that he or she is at least thirteen (13) years of age.
If you are the parent or guardian of a child under the age of thirteen (13), who you believe has provided 15SOF with personally identifiable information through the 15SOF Services without your consent, please e-mail us at Privacy@15sof.com so that we can delete the child’s information from our records.
15. ADDITIONAL EU/UK DISCLOSURES
IF YOU ARE SITUATED IN THE EU/UK, THIS SECTION APPLIES TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
(a) Legal basis
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where you have consented to a certain use of your Personal Data.
· Where we need to comply with a legal or regulatory obligation.
To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve Personal Data when we have a good faith belief that doing so is necessary.
(b) Data controller
15SOF Charity is the data controller of all Personal Data collected through our 15SOF Charity Services. To contact us, please see the section titled “Contact Us”.
We have appointed EU Business Partners as our representatives in the EU for the purposes of Article 27 of Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”). You may contact our EU representative, as well as us directly, with any query that you may have in relation to your personal data. The contact details of our EU representative are as follows:
EU Business Partners
Attention: Flor McCarthy
10 Ashe Street
If you are situated in the EU/UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. If you have a complaint, please reach out to us at Privacy@15sof.com.
(c) Provision of personal data and failure to provide personal data
Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.
(d) Collection of personal data from third party sources
We do not collect Personal Data about you through public sources. 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.
(e) Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at Privacy@15sof.com.
(f) Data transfer
We may transfer personal data from the EU to the US and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. If we transfer personal data outside the EU to a processor, such transfer will be in compliance with the requirements of the GDPR.
(g) Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising:
· Promotional offers from us: We may use your Personal Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your Personal Data for marketing purposes.
· Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.
The above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties for their own marketing purposes.
(h) Data subject rights
If you are a situated in the EU/UK, under the GDPR, as a data subject, you have the right to:
o 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 their Personal Data, including, without limitation, categories of recipients to whom the personal data have been or will be disclosed and purposes of processing.
o Right to rectify – This right allows individuals to rectify any inaccurate Personal Data about him or her.
o Right to restrict processing – This right allows individuals to block or suppress processing of Personal Data under certain circumstances.
o 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.
o 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.
o 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@15sof.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your Personal Data. This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more Personal Data from you than we currently have.
16. BIOMETRIC DATA POLICY
15SOF uses facial recognition technology to identify you across the 15SOF Services; provided that 15SOF does not collect, capture, store and/or make any use of face geometry. We have created this Biometric Data Policy (“Biometric Data Policy”) to explain our Biometric Data practices and your options regarding such Biometric Data.
(a) Consent To Process Biometric Data
Biometric Data that is used for the purpose of uniquely identifying a natural person is considered a Special Category of Personal Data under the GDPR. As a result, 15SOF will not process Biometric Data without a lawful basis and your explicit consent. As used herein, “processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Under the GDPR, explicit consent for the processing of Biometric Data as a Special Category of Personal Data for one or more specified purposes forms a lawful basis for processing, subject to Union and Member State law. Accordingly, 15SOF will seek your explicit consent to process Biometric Data through a written declaration on the 15SOF Service that will be clear, intelligible, and easily accessible to you. By providing your consent, you agree that you have been advised and understand that 15SOF may collect, retain, and process Biometric Data for the purpose of providing the 15SOF Services. Further, by giving your explicit consent for us to process Biometric Data, you expressly consent to the use of any form of facial recognition technology, including but not limited to biometric identifiers, biometric information, and other technology, to identify you across all content contained in the 15SOF Services, whether supplied by 15SOF, or its affiliates, licensors, or content suppliers or by any user of the 15SOF Services and whether acquired by 15SOF in the past, at present, or in the future.
(b) Withdrawal of Consent
You have the right to withdraw consent to the processing of Biometric Data at any time, but such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal. To withdraw your consent, you can either (i) delete your account (ii) email us at Privacy@15sof.com or (iii) write to us at:
15 Seconds of Fame Live, LLC
212 Marine Street,
Santa Monica, CA 90405
(c) How We Protect Biometric Data
The privacy and security of Biometric Data is very important to us. Taking into account the nature, scope, context and purposes of processing Biometric Data as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, 15SOF has implemented appropriate technical and organizational measures to ensure and to be able to demonstrate that its processing of Biometric Data is performed in accordance with applicable Data Privacy Laws in the European Economic Area. These measures generally include: the encryption of Personal Data using AES-256; the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing. Those measures are reviewed and updated where necessary
(d) Compliance with Illinois Biometric Information Privacy Act
To the extent that the 15SOF Services involve facial scanning software, we comply with the State of Illinois’ “Biometric Information Privacy Act” (740 ILCS 14), including without limitation because we do not collect, capture, purchase, receive through trade, or otherwise obtain a person’s or a customer’s face geometry. 15SOF collects Biometric Data to perform our services for you and we retain this information in accordance with the retention schedule in Section 7, above. To use our 15SOF Services, you will be asked to consent to our capture of your Biometric Data and to agree to release 15SOF from any liability, under any theory, for such capture. 15SOF and its vendors will not sell, lease, trade, or otherwise profit from Biometric Data; provided, however, that 15SOF and its vendors may be paid for your use of the 15SOF Services that utilize such Biometric Data. Further, 15SOF will not disclose Biometric Data that results from a facial scan to anyone other than 15SOF’s vendors unless:
· 15SOF obtains your explicit consent regarding such disclosure;
· the disclosed Biometric Data completes a financial transaction requested or authorized by you;
· disclosure is required by state or federal law or municipal ordinance; or
· disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction
As discussed in Section 15(c) above, 15SOF uses a reasonable standard of care to store, transmit, and protect from disclosure your Biometric Data, with such standard being the same or more protective than how 15SOF stores, transmits, and protects its other confidential and sensitive information.
17. CONTACT US
If you have any questions regarding our privacy practices, please do not hesitate to contact us by email (Privacy@15sof.com), by phone to our customer service desk (855-815-FAME) or write us at:
15 Seconds of Fame, Inc.
212 Marine Street,
Santa Monica, CA 90405