This Publisher is committed to protecting your privacy.
By accessing this Website, you are consenting to the information collection and use practices described in this policy as well as the Acceptable Use Policy.
Before using this Website, you should know:
- Any personal information you provide to this Publisher through its Websites includes your consent to email you information, advertisements or promotions that appear to interest you.
- This Publisher sends email notifications, email newsletters, and/or first-party and third-party promotions to its subscribers.
- If you no longer consent to receiving email from this Publisher, you can easily unsubscribe from this Publisher’s email list by clicking the “unsubscribe” link at the bottom of Publisher’s email.
- If you unsubscribe or opt-out of this Publisher’s email list, they will no longer contact you, nor will this Publisher keep your personal information on file for any other reason than the maintenance of a “Do-Not-Contact” list to further ensure your privacy and compliance with the law.
- If you do not unsubscribe or opt-out, this Publisher may process, analyze, segment, sell, rent, or transfer your data for any legally permissible purpose.
Information Collection, Use, and Dissemination Practices:
This policy applies to Publisher’s collection, use, storage and disclosure of information by Publisher (a) on its websites, including all its divisions, subsidiaries, and related companies (collectively, the “Websites”), (b) on various third-party websites, and (c) to Publisher’s other information collection, including the purchase of customer lists from third parties, or the use of customer lists from third parties. The Publisher is not responsible for the information collection or privacy practices of third party-websites or applications.
1.0. Collection of Information
1.1.User Direct Information:
Each time you provide information to Publisher on any Website page owned, operated, or controlled by the Publisher, request information on any site, or submit any other form of inquiry, send us an email, subscribe to a newsletter, redeem an offer or otherwise transmit information via the site in any way, Publisher may obtain and collect personally identifiable information provided by you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, telephone number, or any other form of data that you submit, including your user agent information, a cookie, IP address, a time-date stamp, and potentially more information may be collected and recorded to a backup file for our records indefinitely.
You may also provide us with information that, when combined with personally identifiable information, provides the Publisher with a better idea of who you are, including but not limited to your gender, birthday, marital status, and education level (collectively referred to as “personal information”). If you choose to access this Website, use our Services or purchase our products, we may require you to provide personal information as indicated on the forms throughout the Website.
1.2. Survey Information:
Publisher collects information from you when you voluntarily complete a survey, order form, or a registration page either online by using the internet, or offline by providing this information through the mail, in person, or using a telephone. This information may also be collected by surveys, order forms, or registration pages operated by third parties. This method of collection is collectively known as a survey (“Survey”). In such Surveys, the Publisher or a third party may ask you to provide personal identifiable information including your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. The Publisher may also collect such information concerning you from another source and use that information in combination with information provided from this Website. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey information to Publisher or any third party.
1.3. Third Party List Information:
Publisher may collect information from you or about you when you provide information to a third party and Publisher subsequently purchases, licenses, or otherwise acquires the information from the third party. Such purchased information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the third party. When acquiring this information, Publisher seeks assurances from the third party that it has a right to transfer the information to Publisher and that the third party has a right to provide offers from advertisers to you included on the third party list.
1.4. Cookies, Web Beacons, and Other Information Collected Using
Publisher currently uses cookie and web beacon technology to associate certain internet-related information about you with information about you in its database. Additionally, Publisher may use other new and evolving sources of information in the future.
(b) Web Beacons: A web beacon is a programming code that can be used to display an image on a web page but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Publisher to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Publisher also uses web beacons in email messages sent to individuals listed in Publisher’s database.
(c) IP Addresses: Publisher automatically tracks certain information based upon your behavior on the Website. We may use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer browser information, and your IP address. Your Internet Protocol (“IP”) is a unique Internet “address” which is assigned to you by your Internet Service Provider (“ISP”). For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by web servers, collecting information about a user’s traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis: Data analysis technology may be employed from time to time if used by a client of Publisher.
(f) New Technology: The use of technology on the internet, including cookies and web beacons, is rapidly developing. As a result, Publisher strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.5. No Information Collected from Children:
Publisher will never knowingly collect any personal information about children under the age of 18. If Publisher obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from its database. Because it does not collect such information, Publisher has no such information to knowingly use or to disclose to third parties. Publisher has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian of a child under the age of 18, and you become aware that personal information from a child under 18 has been collected by us inadvertently, please contact us immediately. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please refer to “California Privacy Rights.”
1.6. Credit Card Information:
Publisher may, in certain instances, collect credit card numbers and related information when an individual places an order from Publisher. When the credit card information is submitted to Publisher, such information is encrypted and is protected with SSL encryption software. Publisher will use the credit card information for purposes of processing and completing the purchase transaction, and the credit card information will be disclosed to third parties only as necessary to complete the purchase transaction.
2.0. Use of Individual Information:
The following section describes how Publisher uses personal information. The uses described in these sections may change at any time. Publisher may also broaden its use of your personal information. Publisher may also use your personal information to provide commercial promotional offers to individuals or entities through, among other things, email advertising, telephone marketing, direct mail marketing, banner advertising, SMS mobile and text messaging.
2.1. Discretion to Use Information:
The personal information collected on this Website and by third parties will be used to operate the Website and to provide the Services or Products or carry out the transactions you have requested or authorized. Publisher may change or broaden its use of your personal information at any time. Publisher may use your personal information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, and other possible uses. PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT PUBLISHER’S SOLE DISCRETION.
Publisher may use your personal information to provide first and third-party advertisements and offers by email to you. Publisher may maintain separate email lists for different purposes. If you wish to end your email subscription from a particular list, you only need to press the unsubscribe link on the bottom or footer of any email message sent by this Publisher. Because Publisher only sends emails when you have agreed to receive emails from Publisher or you have agreed to receive emails from third-parties, statutes requiring certain formatting for unsolicited email are not applicable to email messages sent by Publisher. Publisher is not responsible for any email sent by a third-party to whom it has sold, transferred or otherwise licensed email contact information. Publisher is indemnified by all third parties who mail or email data collected by Publisher as licensing would include procedures to lawfully transfer your email information to them for CAN-SPAM compliant uses. If a third-party that is licensed to use your data for any legal reason is not in compliance, such activity is directly the responsibility of the entity mailing to your email address and should be addressed with the company or individual that owns the email address from which you received mail from.
2.3. Profiling and Target Advertising:
Publisher uses your information to make and improve profiles of you and to track your online browsing habits and determine which areas of Publisher’s websites are most frequently visited. This information helps Publisher to better understand your interests so that it can target advertising and promotions to you. Publisher may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4. Storage of Personal Information:
Publisher stores your information in a database on Publisher’s servers. Our servers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Publisher’s control. Notwithstanding such measures, Publisher cannot guarantee that its security measures will prevent Publisher computers from being illegally accessed, and your information from being stolen or altered, and Publisher expressly disclaims responsibility or liability in the event of any damage resulting from such illegal activity by others.
3.0. Use of Personal Information
3.1.Sale or Transfer to Third Parties:
PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT ITS SOLE DISCRETION. Publisher uses your personal information in the following (3) ways: Customer Service; Marketing; and Complying with the law.
3.2. Customer Service:
Publisher will use your personal information to respond to you, to process, validate and verify requests and/or purchase orders, to fulfill any of your requests and to tailor your experience on our Websites.
Publisher will use your personal information for any marketing and survey purpose on behalf of Publisher and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Publisher will disclose your personal information to third-party agents and independent contractors to help us conduct our marketing and survey efforts and to share with other companies in connection with marketing efforts, including but not limited to, direct marketing. You may have no relationship with these other companies.
3.4. Complying with Legal Processes:
Publisher will use or disclose your personal information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims, or in the event you violate or breach an agreement with Publisher. Publisher will use and disclose your personal information if we believe you will harm the property or rights of Publisher, its owners, or those of Publisher’s other customers. Finally, we will use or disclose your personal information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Publisher’s acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.5. Order Fulfillment:
Publisher will transfer your personal information to third parties when necessary to provide a Product or Service that you order from such third-party while using Publisher’s Websites or when responding to offers provided by Publisher.
3.6. Data Summary:
Publisher may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
4.0. Privacy Practices of Third Parties
4.1.Advertiser cookies and web beacons:
Advertising agencies, advertising networks, and other companies who place advertisements on the Websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Publisher does not control the use of such technology and Publisher has no responsibility for the use of such technology to gather information about you.
The Websites and email messages sometimes contain hypertext links to the websites of third parties. Publisher is not responsible for the privacy practices or the content of such other websites. Linked Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Publisher does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website or to an article or blog on a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5.0. SMS, Wireless and Other Mobile Offerings:
Some of the services that we provide may result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier’s standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send “STOP”, “END”, “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third-parties.
6.0. User Consumer Rights:
For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov
SERVICE SUBSCRIPTION & EXPRESS CONSENT TO RECEIVE PHONE CALLS OR MESSAGES.
By subscribing, such act constitutes your express written consent to be contacted by us or our partner companies via prerecorded telephone message for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), and the Electronic Signatures in Global and National Commerce Act (15 USC §96), as amended from time to time. The calls you are agreeing to receive may describe goods and services which may be offered by third parties and any goods or services described in the call are not sold by or through Publisher.
You are subscribing to receive calls only from Publisher and their partner third-party companies, and only at the specific number(s) you have provided to us if you did provide a number. Your consent will be effective if the number you have provided is a home, business, or mobile phone line, or if the number is registered on any state or federal Do-Not-Call (DNC) list as of the date of this consent. Publisher reserves the right to refrain from calling any number registered on a DNC list in connection with any promotions. This consent shall remain in effect until you revoke your consent and cancel your subscription.
7.0. California Privacy Rights:
Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. If you are a California resident: (i) to request the above information, or (ii) if you do not want your personal information shared with any third party who may use such information for direct marketing purposes and wish to opt out of such disclosures, please contact at the email listed below.
Please note that under Shine the Light, we are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information, and any elections or privacy choices you may make with respect to receipt of certain types of e-mails or marketing communications from us will not apply to any such third parties. You should directly contact any third parties that send you communications regarding choices that they may make available to you concerning such communications.
8.0. (GDPR), (UK DPA) and Other Data Protection Laws:
IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA (“EU”), SWITZERLAND, OR THE UNITED KINGDOM (the “UK”), THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
We are located in the United States. If you are accessing the website from outside of the United States, your use of the Website constitutes consent to transfer and process your Personal Information in the Unites States, and an acknowledgement that our use of that information is subject only to the laws of the United States. If we process your data in the EU, Switzerland, or the UK, our Data Processing Addendum applies (see below).
9.0. User Data Collection Acknowledgement:
Publisher acknowledges that Publisher has the necessary privacy disclosures and rights from any end user for the collection and processing of their data, including the association of such data with the visitation information Google Analytics collects from the Website and/or any application or other website owned and operated by Publisher.
If you have additional questions about this policy, please contact Publisher from the “Contact Us” page of the Publisher’s website.
GDPR Data Processing Addendum
- Definitions and Interpretation
- Unless otherwise defined herein, capitalized terms and expressions used in this
Agreement shall have the following meaning:
- “Agreement” means this Data Processing Agreement and any schedules attached hereto;
- “Contracted Processor” means a Sub processor;
- “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
- “EEA” means the European Economic Area;
- “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
- “GDPR” means EU General Data Protection Regulation 2016/679;
- “Data Transfer” means:
- a transfer of Personal Data from us to a Contracted Processor; or
- an onward transfer of Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
- “Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of a user pursuant to or in connection with the services rendered by us;
- “Services” means the services provided by us.
- “Sub processor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of us in connection with the Services.
- The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
- Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
- Processing of Personal Data
- Processor shall:
- comply with all applicable Data Protection Laws in the Processing of Personal Data; and
- not process Personal Data other than on the relevant your documented instructions.
- We instruct Processor to process Personal Data.
- Processor shall:
- Processor Personnel
- Processor shall take commercially reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
- In assessing the appropriate level of security, the Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
- Sub Processing
- Processor shall only appoint and or disclose Personal Data to authorized Sub Processors and shall do so only if required by us.
- Taking into account the nature of the Processing, Processor shall assist us by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of our obligations, as reasonably understood by you, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
- Processor shall:
- promptly notify you if it receives a request from a Data Subject under any Data Protection Law in respect of Personal Data; and
- ensure that it does not respond to that request except on the documented instructions of you or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Client of that legal requirement before the Contracted Processor responds to the request.
- Personal Data Breach:
- Processor shall notify you without undue delay upon Processor becoming aware of a Personal Data Breach affecting Personal Data, providing you with sufficient information to allow us to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
- Processor shall cooperate with us and take reasonable commercial steps as directed by you to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.
- Data Protection Impact Assessment and Prior Consultation Processor
- Prior Consultation Processor shall provide reasonable assistance to us with any data protection impact assessments, and prior consultations with Supervising Authorities or other Protection Law, in each case solely in relation to Processing of Personal Data by and taking into account the nature of the Processing and information available to, the Contracted Processors.
- Deletion or return of Client Personal Data
- Subject to this DPA, Processor shall promptly and in any event within ten (10) business days of the date of cessation of any Services involving the Processing of Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Personal Data.
- Audit Rights
- Subject to this DPA, Processor shall make available to us on request all information necessary to demonstrate compliance with this DPA, and shall allow for and contribute to audits, including inspections, by us or an auditor mandated by us in relation to the Processing of Personal Data by the Contracted Processors.
- Information and audit rights only arise under this DPA to the extent that we do not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
- Data Transfer
- The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without our prior written consent. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
- General Terms
- Confidentiality. Each Party must keep this Agreement and information it receives about
the other Party and its business in connection with this Agreement (“Confidential
Information”) confidential and must not use or disclose that Confidential Information
without the prior written consent of the other Party except to the extent that:
- disclosure is required by law;
- the relevant information is already in the public domain.
- Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.
- Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
- Governing Law and Jurisdiction
- This Agreement is governed by the laws of the state of Idaho.
- Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of the state of Idaho.