Javascript is disabled! PRIVACY POLICY – Last Updated on November 9, 2019
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Privacy Policy

PRIVACY POLICY – Last Updated on November 9, 2019

15 Seconds of Fame, Inc. (“15SOF”, “we”, “our”, “us”) collects information about you when you use the 15 SECONDS OF FAME® mobile application and/or website (the foregoing, together with any other platform through which we may offer our services, the “15SOF Services”) and we may share some or all of that information with one or more third parties in certain circumstances. We created this privacy policy (“Privacy Policy”) to explain our data collection practices and your options regarding such data. This Privacy Policy applies to your access and use of the 15SOF Services.

NOTICE: THIS PRIVACY POLICY INCLUDES A CLASS ACTION WAIVER AND A BIOMETRIC DATA POLICY. PLEASE READ THESE AND OTHER PROVISIONS CAREFULLY.

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.

We reserve the right to modify this Privacy Policy at any time and in our sole discretion. We will provide notice of any such changes by posting the modified Privacy Policy on this page and by indicating above the date the Privacy Policy was last updated. Changes will become effective immediately but will not apply retroactively. We encourage you to periodically review this Privacy Policy for changes.

1. PERSONAL DATA WE COLLECT

  1. (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;
  • gender;
  • user name;
  • password (for account administration);
  • profile picture;
  • Biometric Data (as defined below); and
  • Communications you send to us.
  1. (b) Biometric Data

In the performance of the 15SOF Services, 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.

2. HOW WE USE PERSONAL DATA WE COLLECT

We may use Personal Data about you for the purposes described in this Privacy Policy or as otherwise disclosed to you through the 15SOF Services. For example, we may use Personal Data about you to:

  • 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:

  1. (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.

  1. (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, and other similar services. To learn more about our service providers and their privacy practices, please click here.

  1. (c) Affiliates

We may disclose Personal Data to those companies that are under common control of 15SOF (“Affiliates”) for the purposes described in this Privacy Policy, including for marketing purposes, and to be consistent with our goal of providing our users, visitors, and customers with a superior product and service experience.

  1. (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.

  1. (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.

  1. (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

Certain information on our 15SOF Services is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our 15SOF Services. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers (described in Section 3(b), above) may use cookies or other methods to gather information regarding your use of our 15SOF Services. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of our 15SOF Services with any Personal Data about you that they may have. The use of such information by a third party depends on the privacy policy of that third party.

  1. (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.

  1. (b) Cookies

“Cookies” are small text files containing pieces of data that are placed in your computer’s web browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Data that you provide to us through your interaction with the 15SOF Services. 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).

15SOF and its agents use cookies so that we can improve your online experience – for example, by remembering you when you come back to visit the 15SOF Services, and making the content you see more relevant to you.

We may use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate the 15SOF Services, but you may not be able to successfully use all of the features of the 15SOF Services.

The following sets out how we may use different categories of cookies and your options for managing cookies’ settings:

Type of CookiesDescriptionManaging Settings

Required cookies

Required cookies enable you to navigate the 15SOF Services and use its features, such as accessing secure areas of the 15SOF Services.

If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the 15SOF Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the 15SOF Services and to process your online transactions and requests.

Because required cookies are essential to operate the 15SOF Services, there is no option to opt out of these cookies.

Performance cookies

These cookies collect information about how you use the 15SOF Services, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how the 15SOF Services functions and performs.

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the 15SOF Services. We may also utilize Flash cookies for these purposes.

To learn how to opt out of performance cookies using your browser settings click here.

To learn how to manage privacy and storage settings for Flash cookies click here

Functionality cookies

Functionality cookies allow the 15SOF Services to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the 15SOF Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on the 15SOF Services to personalize your visit.

To learn how to opt out of functionality cookies using your browser settings click here.

To learn how to manage privacy and storage settings for Flash cookies click here.

Targeting or Advertising cookies

From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the 15SOF Services. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited the 15SOF Services. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after we receive it.

By way of example, as you browse the 15SOF Services, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the 15SOF Services.

We also contract with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) on the 15SOF Services, from emails, and on third-party sites. Ad networks follow your online activities over time by collecting site navigational information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts.

Third parties, with whom we partner to provide certain features on the 15SOF Services or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

To learn more about these and other advertising networks and their opt out instructions, click here.

To learn how to manage privacy and storage settings for Flash cookies click here.

  1. (c) 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.

  1. (d) Online Advertising

We may also use cookies and other technologies such as pixel tags, web beacons and clear GIF files, to help manage our online advertising program.

15SOF may 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 would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Data collected via the 15SOF Service, you may submit a request to Support@15sof.com or write to us at:

15 Seconds of Fame, Inc.

201 Santa Monica Blvd.

Suite 480

Santa Monica, CA 90401

 

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
Clonakilty
Co. Cork
P85 E403,
Ireland

Email: Info@eubusinesspartners.com

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at Privacy@15sof.com so we have an opportunity to address your concerns directly before you do so.

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 support@15sof.com and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to support@15sof.com. 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.

You also may be able to link an account from a social networking service such as Facebook to an account through our 15SOF Services. This may allow you to use your credentials from the other site or service to sign in to certain features on our 15SOF Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.

Our 15SOF Services provide Social Media Features (“Features“), such as the Facebook Like button, and widgets such as the “Share” button or interactive mini-programs that run on our 15SOF Services (“Widgets“). These Features and Widgets may collect your IP address, which page you are visiting on our 15SOF Services, and may set a cookie to enable the Feature or Widget to function properly. Features and Widgets are either hosted by a third party or hosted directly on our 15SOF Services. Your interactions with these Features and Widgets are governed by the privacy policy of the company providing it.

9. LINKS TO OTHER WEB SITES

Our 15SOF Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

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. 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.

12. 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.

13. INTERNATIONAL

This English-language Privacy Policy is 15SOF’s official statement of our privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into any other language, this English-language document will take precedence over such translation.

14. PERSONAL DATA TRANSFERRED FROM THE EU OR SWITZERLAND TO THE UNITED STATES

15SOF complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union (the “EU”) member countries and Switzerland. 15SOF has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, 15SOF commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via email at: Privacy@15sof.com.

15SOF has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, 15SOF is potentially liable.

15. 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.

  1. (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.

  1. (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, Inc.

201 Santa Monica Blvd.

Suite 480

Santa Monica, CA 90401

 

  1. (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.

  1. (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.

16. CONTACT US

If you have any questions regarding our privacy practices, please do not hesitate to contact us by email (Privacy@15sof.com) or by phone to our customer service desk (855-815-FAME).