Effective February 1, 2015 United States
- What Information Do We Collect?
- Information You Provide To Us
- Information We Collect As You Access And Use Our Services
- Information You Provide About A Third Party
- Information Collected by Mobile Applications
- Information Collected from Job Applicants
- How and When Do We Disclose Information to Third Parties?
- When You Agree To Receive Information From Third Parties
- Third Parties Providing Services on Our Behalf
- Co-branded Services
- Sweepstakes, Contests and Promotions
- Administrative and Legal Reasons
- Business Transfer
- What About Information I Disclose Publicly?
- User Generated Content and Public Information
- Name and Likeness
1. What Information Do We Collect?
(a) Information You Provide To Us
Personal Information. We may ask you to provide us with certain categories of information including, without limitation, personal information which is information that could reasonably be used to identify you personally such as your name, e-mail address, and mobile number (“Personal Information”). We may collect this Personal Information through various forms and in various places through our provision of the Services including, without limitation, account registration forms, contact us forms, or when you otherwise interact with us.
When you sign up to use the Services, you create a user profile. The current required data fields are:
If you choose to upload a photo when registering for our Services, the photo may be viewable by us and by the Third Party Providers who are providing you the Third Party Services so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account.
(b) Information We Collect As You Access And Use Our Services
In addition to any Personal Information or other information that you choose to submit to us, we may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include, without limitation, the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, the time of day, IT footprint, POS, merchant processor name, and ISP name and account number. We may use Usage Information for a variety of purposes including, without limitation, to enhance or otherwise improve the Services or to refer certain third party products and services to you. In addition, we collect your IP address or other unique identifier (“Device Identifier”) from your computer, mobile, or other devices used to access the Services (a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
In addition, tracking information is collected as you navigate through our Services including, without limitation, geographic areas. We may also have features that allow you to share this information with other people (such as your family, friends, or colleagues) if you choose.
A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):
Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built into or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage the content of our Services by informing us what content is effective, counting users of the Services, monitoring how users navigate the Services, counting how many e-mails that we send were actually opened, or counting how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ Personal Information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
(c) Information You Provide About A Third Party
If you choose to use our referral service to tell a friend about our Services or a job position, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend function through our Services, your e-mail address may be included in the communication sent to your friend.
(d) Information Collected by Mobile Application
Our Services are primarily provided through an application on your mobile, tablet computer, or similar device (“Application”). You agree that we may collect and use technical data and related information including, without limitation, technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to such Application.
When you use our Application, the Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”) including, without limitation:
We may use information automatically collected by the Application (including the Mobile Device Information) in the following ways:
We also provide some of your Personal Information (such as your first name and your photo, if you have chosen to upload your photo to your profile) to the Third Party Provider who accepts your request for services so that the Third Party Provider may contact and find you.
We may associate your unique mobile Device Identifier or Application Usage Information with any Personal Information you provide, but we will treat the combined information as Personal Information.
(e) Information Collected from Job Applicants
If you wish to apply for a job on the Site, we will collect Personal Information such as your name, email address, and phone number, and may collect additional information such as your resume, gender, and ethnicity. We use the information collected within this area of the Site to determine your qualifications for the position in which you have applied and to contact you to set up an interview.
2. How Do We Use The Information Collected?
Our primary goal in collecting your Personal Information or Usage Information is to provide you with an enhanced experience when using the Services.
Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes.
We use your information to closely monitor which features of the Services are used the most, to allow you to view your service history, store your credit card information on a secure page, view any promotions we may currently be running, rate services, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.
We use the information collected from our Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting, and, in some cases, for marketing purposes. The credit card information you provide in your personal profile at sign-up is not stored by us, but is stored and used by our third party credit card processors in order for them to process payment to third parties for services received by you.
We use your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer the Site. Your IP address is used to help identify you, but contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.
3. How and When Do We Disclose Information to Third Parties?
(a) When You Agree To Receive Information From Third Parties
You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties; therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive information from them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
(b) Third Parties Providing Services on Our Behalf
We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as hosting the Services, designing and/or operating the Services’ features, tracking the Services’ analytics, processing payments, engaging in anti-fraud and security measures, providing customer support, providing geo-location information to our Third Party Providers, enabling us to send you special offers, hosting our job application form, performing technical services (e.g., without limitation, maintenance services, database management, web analytics, and improvement of the Services’ features), or performing other administrative services. We may provide these vendors with access to user information, including Personal Information. This information sharing is limited to the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Personal Information for any other purpose.
While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers. But, they may set and access their own cookies, web beacons, and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(c) Co-branded Services
Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
(d) Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other promotions (a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(e) Administrative and Legal Reasons
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer, and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable laws, regulations, subpoenas, governmental requests, or legal processes; (ii) to protect and/or defend the End User License Agreement for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property, or security of the Company, our Services, or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent, or otherwise address fraud, security, or technical issues; and/or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers, and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
(f) Business Transfer
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner, or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets, or other corporate change, including during the course of any due diligence process.
4. What is Online Behavioral Advertising and How Can I Opt-Out?
Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual’s web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than the Site. For example, if you have shown a preference for software while visiting the Site, you may be served an advertisement for software-related programs when you visit a site other than the Site. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.
If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising publishers, please click here to access the NAI Opt-Out Page. Please note that this will opt you out of targeted ads from our Company and any other participating advertisers. If you opt-out, you may continue to receive online advertising from us; however, these ads may not be as relevant to you.
In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt-out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser’s security settings to validate whether scripting is active or disabled.
Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
5. What About Information I Disclose Publicly?
(a) User Generated Content and Public Information
To request removal of your User Content from our community, contact us through firstname.lastname@example.org. In some cases, we may not be able to remove your User Content, in which case we will let you know we are unable to do so and why.
(b) Name and Likeness
We may also publish your name, voice, likeness, and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity, and promotional activities. For the full End User License Agreement regarding User Content you submit to the Services, please review our End User License Agreement.
6. Does Third Party Content And Links To Third Party Services Appear on the Services?
7. What About Social Media Features and Widgets?
8. How Do I Change My Information and What If I Cancel My Account?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change within the Application or by contacting us through email@example.com. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through the Application.
We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with us is active and as needed to provide you with Boomtown Services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, service history, credit card information, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
9. What Should Parents Know About Children?
The Company cares about the safety of children. Because our Services are not directed toward minors, no one under 18 (and certainly no child under 13) is allowed to register with or use the Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at firstname.lastname@example.org.
10. What About Security?
The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls, and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geo-location information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication. Any information you transmit to the Company you do so at your own risk. We recommend that you not disclose your password to anyone.
12. Your California Privacy Rights
California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’s 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 unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out).
We have opted for this alternative approach, and we do not share personal information of customer’s information to third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such customer information.
13. What About Consent To Transfer Information To The United States?
If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed, and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States.