Welcome to JoinTheChallenge! This Privacy Statement describes how Join The Challenge, LLC (“JoinTheChallenge,” “us” or “we”) treats personal information when you use JoinTheChallenge’s mobile application or Web site located at www.jointhechallenge.com (each, the “Site”). This Privacy Statement does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (referred to as “you” or “your”) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. JoinTheChallenge can be contacted at firstname.lastname@example.org. This Site is intended for use by residents of the United States. This Privacy Statement is incorporated into JoinTheChallenge’s Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you. By using the Site, you agree to the terms and conditions of this Privacy Statement.
1. PRIVACY OF CHILDREN
The Site is not intended for individuals under the age of 18. The Site does not knowingly collect personal information online from users in this age group. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us. We strongly recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
2. COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM SITE USERS
“Personally Identifiable Information” is information that identifies you as an individual. Most of the Personally Identifiable Information we collect is what you tell us about yourself, both during log-in (as described below) and through the information you choose to add to your profile. You choose what information you want to share.
When you use or connect to JoinTheChallenge or download a JoinTheChallenge mobile app by or through a social network or Third Party Platform, such as Apple’s App Store, we will access and/or collect certain Personally Identifiable Information from your social network or Third Party Platform profile/account (such as your Facebook® account) or via any cookies placed on your device by such social network or Third Party Platform, which information will include Personally Identifiable Information such as your name, birthday, email address, and other information as permitted by the terms of the agreement and your privacy settings with the social network or Third Party Platform.
In some cases we may ask for additional information for security reasons or to provide specific services to you, or you may voluntarily choose to provide information through online forms, surveys, or other avenues. When a User performs a search within the Site, JoinTheChallenge may record information identifying the user or linking the user to the search performed and recording information related to the search request.
Without limiting the foregoing, JoinTheChallenge has the right, but not the obligation, to monitor any and all communications posted to the Site, including through user features and other general areas of the Site. Such voluntary information posted by you may be collected and used by JoinTheChallenge in accordance with this Privacy Statement.
3. USE OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
We use the Personally Identifiable Information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. In addition, we use Personally Identifiable Information:
- to respond to your inquiries and fulfill your requests, such as to send you e-mail alerts.
- to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies and/or other administrative information.
- to send you marketing communications that we believe may be of interest to you.
- to personalize your experience on the Site by presenting products and offers tailored to you.
- to allow you to participate in sweepstakes, contests, and similar promotions, and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we suggest that you read these rules carefully.
- to administer blogs, chat, and other social media on our Site.
- for our business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our products and services, identifying Site usage trends, and determining the effectiveness of our promotional campaigns.
- as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- for any other purpose specified at the point of collection.
4. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES
Except for the following purposes, no Personally Identifiable Information, including without limitation personal messages, may be disclosed or shared with any third party unless we have your consent:
- to our affiliates for the purposes described in this Privacy Statement.
- to our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email and direct mail delivery services, credit card processing, auditing services, and other services, in order to enable them to provide services.
- to identify you to anyone to whom you send messages through the Site.
- by you, on message boards, chat, profile pages, blogs, and other social networks to which you are able to post information and materials. Please note that any information you post or disclose through these social networks may become public information depending on your privacy settings both on the Site and the site on which the information is posted or disclosed.
- to a third party in the event of any 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).
- as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- otherwise, with your consent.
5. MOBILE USERS / LOCATION INFORMATION
When you access JoinTheChallenge, we may collect information such as your mobile device and hardware IDs and device type, your carrier, your carrier user ID, and any other personally identifiable information. Certain information, including your personally identifiable information, may be stored locally on the device used to access the Site. It is your responsibility to protect the device you use to access JoinTheChallenge.
The Site includes certain location-based features, such as our restaurant browse feature. To provide these location-based features, JoinTheChallenge may access information about your precise location (such as GPS signals sent by a mobile device) or information that can be used to approximate such location (such as a cell ID or if you agree to input a zip code). We may monitor, collect and use any location-related information as necessary to provide you with these location-based services.
6. THIRD PARTY PAYMENT PROCESSORS
7. INVITATIONS TO NON-USERS
8. NON-PERSONALLY IDENTIFIABLE INFORMATION
Non-Personally Identifiable Information We Collect
“Non-Personally Identifiable Information” is any information that does not reveal your specific identity, such as:
- Browser information
- Information collected through cookies, pixel tags, and other technologies
- Demographic information and other information provided by you, whether online or offline
- Aggregated information
How We Collect Non-Personally Identifiable Information
We and our third party service providers may collect Non-Personally Identifiable Information in a variety of ways, including:
- Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version.
- Using pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Site pages and HTML-formatted e-mail messages to, among other things, track the actions of Site users and e-mail recipients, measure the success of our marketing campaigns, and compile statistics about Site usage and response rates.
- From you: Information such as your preferred means of communication or demographic information about you (such as your age or your gender) is collected when you voluntarily provide this information. Unless combined with Personally Identifiable Information, this information does not personally identify you or any other individual.
- By aggregating information: Aggregated Personally Identifiable Information does not personally identify you or any other individual (for example, we may calculate the percentage of our site users who have a particular telephone area code).
How We Use and Disclose Non-Personally Identifiable Information
Because Non-Personally Identifiable Information does not personally identify you, we may use and disclose it for any purpose. In some instances, we may combine Non-Personally Identifiable Information with Personally Identifiable Information (such as combining your name with your geographical location). If we combine any Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated by us as Personally Identifiable Information as long as it is combined.
9. THIRD PARTY ADVERTISERS
We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable information we have collected, such as your age range or restaurants you have visited) to select the appropriate audience for those advertisements. For example, we might use the fact that you reviewed the menu of a particular restaurant to show you an ad from that restaurant, but we do not tell the restaurant who you are. Even though we do not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected. You may opt-out of the placement of cookies by many of these advertisers here. You may also use your browser cookie settings to limit or prevent the placement of cookies by advertising networks. JoinTheChallenge does not rent, sell or share personally identifiable information with advertisers unless we get your permission.
10. SECURITY MEASURES AND COMMUNICATING WITH JOINTHECHALLENGE
JoinTheChallenge has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personally identifiable information. Despite JoinTheChallenge’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from JoinTheChallenge via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various public networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, JoinTheChallenge is not responsible for the security of information transmitted via the Internet. You should understand that images that you share with JoinTheChallenge are stored on a publicly available URL. Instead of communicating with JoinTheChallenge via e-mail or the Internet, users can contact JoinTheChallenge by regular mail at P.O. Box 329, Old Westbury, NY 11568.
11. LINKS TO OTHER SITES
12. ACCESS TO AND UPDATING PERSONAL INFORMATION
Upon your request via postal mail, e-mail, or telephone, JoinTheChallenge will provide you with a summary of any personally identifiable information retained by JoinTheChallenge that has been voluntarily provided by you to JoinTheChallenge through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. Upon your request, JoinTheChallenge will make good faith efforts to modify, correct, change, update or delete your personal information if it is not otherwise required to be retained by law or for legitimate business purposes. We will ask you to identify yourself and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical.
If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. If you close your account or ask JoinTheChallenge to delete information about you, we may retain certain data contributed by you if JoinTheChallenge believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as if required by law. JoinTheChallenge may also retain and use your information if necessary to provide its services to other Users. For example, just as an email you may send to another person through an email service provider resides in that person’s inbox even after you delete it from your sent files or close your account, content on JoinTheChallenge may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. JoinTheChallenge disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information.
13. RIGHT TO CHANGE PRIVACY STATEMENT
JoinTheChallenge may change this Privacy Statement at any time. Unless otherwise required by law, notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site prior to the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any user who has visited the Site before the change was made.
Dated: January 30, 2014
© 2014 Join The Challenge, LLC; All rights reserved.