Effective Date: January 10th. 2016
To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
Table of Contents
- What Information Does the Site Collect?
- Information You Provide to Us
- We may collect certain Personal Information (defined below) and Demographic Information (defined below) that you provide to us when you interact with the Site. For example, we may collect this information through various forms and in various places on the Site, including when you sign-up to use the Site or when you otherwise interact with the Site.
- Information We Collect and Store As You Access and Use the Site
- Certain information may be collected from you automatically when you access and use the Site. For example, we and third parties may use Tracking Technologies (defined below) to collect Usage Information (defined below) based on your Device Identifier (defined below) for a variety of purposes, including tracking, targeting, and advertising, which may include activities across time and third party locations.
- Information Third Parties Provide About You
- We may obtain information about you from third parties.
- Interactions with Third Party Sites
- If you interact with third party sites, those sites may send us information about you and you or we may send them information about you.
- Information You Provide About a Third Party
- You may give us information about others, such as when you send a friend a message.
- California Do Not Track Disclosures
- We do not look for or respond to do not track signals, but you may have certain other options regarding tracking and/or targeting.
- How Do We Use the Information Collected?
- Use of Information By Us
- We use your Personal Information, Demographic Information and Usage Information for a variety of purposes detailed in this section.
- Use of Information For Recruitment Purposes
- If you apply for a job with us, we use the application information for considering you for a position.
- How and When We Share Information with Third Parties?
- We may provide your information to third parties under various circumstances. These may include:
- When You Request Information From or Provide Information to Third Parties
- If you request information from third parties, request that we send information to third parties or interact with third party sites, content, ads or tools (including Facebook and other third party share functionality), we may share your information with such parties and/or they may collect your information directly. This may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller.
- Third Parties Providing Services on Our Behalf
- Our vendors may collect your information or we may share it with them.
- Administrative and Legal Reasons
- There are a variety of administrative and legal reasons for which we may share some or all of your information.
- Affiliates and Business Transfer
- We may share your information with our affiliates and in the event of a sale, merger or similar transaction.
- Co-branded Areas
- Co-branded areas may include information collection by us and third parties. Such third parties privacy policies, not ours, govern their practices.
- Sweepstakes, Contests and Promotions
- Promotions entrants may be required to consent to certain information sharing.
- Your California Privacy Rights
- California residents may request information about sharing of certain personal information with third parties for the third parties’ direct marketing purposes by contacting us using the methods described in this section
- What About Information I Disclose Publicly?
- User-Generated Content and Public Information
- Name and Likeness
- You grant us the right to use your name and likeness in connection with your posting and activities.
- Ads and Information About You
- Third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer.
- Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Site?
- We may allow you to access third-party content on the Site, or to link to third-party applications and locations from the Site, but we are not responsible for your interaction with third-party content, apps, and locations.
- How Do I Change My Information and Communications Preferences?
- You may change certain account information and preferences.
- What About Transfer of Information to the United States?
- You consent to your data being transferred to the United States, which has different data protection laws than other countries.
- What Should Parents Know About Children?
- We do not intend to collect Personal Information from children. If you think we have, let us know.
- What About Security?
- No data security is absolute, but we take reasonable steps to secure data appropriately.
Full Details of Terms of Service
What Information Does the Site Collect?
Information You Provide to Us
Information We Collect and Store As You Access and Use the Site
- In addition to any Personal Information or other information that you choose to submit to us via our Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Site (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Site, we will treat it as Personal Information.
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Site;
- the areas within our Site that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
- We may use various methods and technologies to collect and/or store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a data file placed on a Device when it is used to visit the Site. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s web site www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations.
- 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 Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
- ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
- We may use Tracking Technologies for a variety of purposes, including:
- Targeting‑Related. We may use Tracking Technologies to deliver content relevant to your interests on our Service and third‑party services based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Information Third Parties Provide About You
Interactions with Third Party Sites
Information You Provide About a Third Party
- You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us 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 functionality on our Site, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).
California Do Not Track Disclosures
- Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
How Do We Use the Information Collected?
- to process transactions or provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
- to enable you to participate in a variety of the Site’s features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
- to improve the Site, marketing endeavors or our Site offerings;
- to customize your experience on the Site or to serve you specific content or ads that are relevant to you;
- to provide customer support;
- to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies;
- to notify you of product recalls or providing other information concerning products you have purchased;
- to identify your product and Site preferences so that you can be informed of new or additional products, services and promotions;
- to improve merchandise selections and the overall shopping experience at the Site;
- for internal business purposes; and
Use of Information By Us
- We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:
Use of Information For Recruitment Purposes
- Where you have provided us with information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.
How and When We Share Information with Third Parties?
When You Request Information From or Provide Information to Third Parties
- You may be presented with an option on our Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Site or link to them from our Site. This may include using third party tools such as Facebook, Twitter, Pinterest or other third party posting or content sharing tools. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
Third Parties Providing Services on Our Behalf
- We may use third-party vendors to perform certain services on behalf of us or the Site, such as hosting the Site, designing and/or operating the Site’s features, tracking the Site’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here [LINK]. [NOTE: Add link to the chart at end of policy.] We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
Administrative and Legal Reasons
- We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Site’s Terms of Service or other policies applicable to the Site, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Site or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. 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, subject to applicable law. Such disclosures may be carried out without notice to you.
Affiliates and Business Transfer
- We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
Sweepstakes, Contests and Promotions
Your California Privacy Rights
- We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2016 will receive information about 2015 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: [email@example.com], with “California Privacy Rights” as the subject line or mail us a letter to: Project Underground, LLC, 602 E Franklin Blvd., El Segundo, CA 90245 (Attn: Legal Department). You must include your full name, email address, and postal address in your request.
What About Information I Disclose Publicly?
User-Generated Content and Public Information
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 full terms and conditions regarding User Content you submit to the Site, please review our Terms of Service.
Ads and Information About You
- We may use third parties such as network advertisers and ad exchanges to serve advertisements across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your Device and track certain behavioral Usage Information via a Device Identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
- Some third parties may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here [LINK TO CHART AT END OF POLICY]. Further, while sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/#completed. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Site?
- The Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you. In addition, when you are on the Site you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Site onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies.
- Third-party applications may also be available via the Site. The owners of these applications (“Third-Party Owners”) may collect Personal Information and other data from you and may have their own policies and practices. We are not responsible for how Third-Party Owners or their applications collect or use your information and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. These Third-Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
How Do I Change My Information and Communications Preferences?
What About Transfer of Information to the United States?
What Should Parents Know About Children?
- We understand the importance of protecting children’s privacy in the interactive world. We are a general audience Site and do not use the Site to knowingly collect personal information from children under the age of 13 that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site.
- In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us here
What About Security?
- We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.
- The following third parties that collect information from you on our Site have given us notice that you may obtain information on their policies and practices, and in some instances opt-out of certain of their activities, as follows:
For More Information
Use of Tracking Technologies
|Google Analytics for Display Advertisers, Ads Preferences Manager, and Google Analytics Opt-out Browser Add-on||
- PLEASE NOTE: We are not responsible for third-party policies or practices. We try to keep this information current, and will add to and subtract from the chart above as appropriate, but it is provided as a courtesy and may not be current or accurate. Please contact the applicable third parties regarding their privacy and data security policies and practices.