For the purposes of EU data protection laws (“Data Protection Law“), Shotalks is data controller (i.e., the company who is responsible for, and controls the processing of, your personal data).
1. 1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
The categories of information we collect can include:
- Information you provide to us directly. We may collect personal information, such as your name, address, telephone number, date of birth, payment information, and e-mail address when you when you register for our Service, sign up for our mailing list, enter a contest or sweepstakes, or otherwise communicate with us. We may also collect any communications between you and Shotalks and any other information you provide to Shotalks.
- Data collected through the use of the Service. We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including the groups you belong to, your interaction with others on the Service, and content you post to the Service, and any content you provide through messages, chat, or other functionality (“User Content“). Please remember that Shotalks may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage and disclosure of such communications you send or receive for these purposes.
We use this information above to operate, maintain, and provide to you the features and functionality of the Service, complete transactions or services requested by you, tailor our programming and services to meet your needs and interests, as well as to communicate directly with you, such as to send you email messages. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Control Over Your Information” below.
If you choose not to provide personal data, we may not be able to provide the Service to you or respond to your other requests
2. 2. LEGAL BASIS FOR PROCESSING IN THE EU
In the EU, the purposes for which we process your personal data are:
- where we need to perform the contract we are about to enter into or have entered into with you for the Service;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation in the EU.
We have set out in the table at Annex 1 a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. Please [email protected] if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out.
We and our third party service providers may collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us. We use this information to enhance and personalize your user experience, to monitor and improve our websites and services, and for other internal purposes. In some instances, we and our third party service providers may combine this usage information with Personal Information. If we do combine any usage information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).
We typically collect this information through a variety of tracking technologies, including cookies, web beacons, Locally Stored Objects (LSOs such as Flash or HTML5), log files, and similar technology (collectively, “tracking technologies”), and may use third party providers to collect this information on our behalf. For example, we use tracking technologies to automatically collect information about how you access and use the Service (e.g., referring / exit pages and URLs, how frequently you access the Service, the pages you view, the links you click, and other actions you take on the Service); information about your browser and information about the device(s) you use to access the Service (e.g., Internet Protocol (IP address), browser type, browser language, Internet service provider, device type, model and manufacturer, a unique ID that allows us to uniquely identify your browser, device or account, operating system brand and model, and whether you access the Service from multiple devices); information about your location (e.g., GPS coordinates (e.g., latitude and/or longitude) or similar information or we may be able to approximate or infer a device’s location by analyzing other information, like an IP address). We .may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services (particularly those that require you to sign in) may not function properly if your cookies are disabled. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not prevent the collection of information through non-cookie technologies and does delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects – including how to manage privacy and storage settings for Flash cookies – on Adobe’s website or by clicking here. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.
4. 4. SHARING OF YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
Remember, our Service allows you to connect and interact with others. Your profile information and other personal information, will be available publicly to other members of the Service by default when you create a profile, interact with others on the Service in public groups, and post content to public spaces.
We may share your personal information with:
The public and other members of the Service. Your content and comments you post to public areas of the Service will be viewable by others on the Service and the public. Please do not provide personal information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see “Control Over Your Information” below);
- Other users of the Service. We share your information with third parties with whom you communicate with on the Service;
- Third parties at your request. For example, you may have the option to share your activities on Shotalks with your friends through email, text or on various social media sites;
- Other companies and brands owned or controlled by Shotalks, and other companies owned by or under common ownership as Shotalks, which also includes our subsidiaries (i.e., any organization we own or control) These companies will use your personal information in the same way as we can under this Policy. Material posted to the Service may also be shared with and displayed on websites owned and operated by Shotalks
- Third parties with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, contest fulfilment, web hosting, or providing analytic services;
- The public when you provide feedback or user content on our site. For example, if you post user content to the Service or comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our Service or on our social media pages;
- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Shotalks, our visitors, or others.
- We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
5. 5. CONTROL OVER YOUR INFORMATION
Profile and Data Sharing Settings. You may update your profile information, such as your email and password, and may change some of your data sharing preferences on your Account Preferences page.
Access to your Device Information. You may control the mobile app’s access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the app to access your address book, location, photo stream and camera.
How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Service or publicly displayed content, you can contact us directly at [email protected] We may not be able to modify or delete your information in all circumstances. To request deletion of the personal information we have collected in connection with your Shotalks account, please select the “I want to delete my account” option after logging into your account in Account Preferences.
6. 6. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION
If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:
- Right of access.The right to obtain access to your personal data.
- Right to rectification.The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
- Right to erasure.The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction.The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
- Right to portability.The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
- Right to object.You have a right to object to processing based on legitimate interests and direct marketing.
You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
7. 7. YOUR CALIFORNIA PRIVACY RIGHTS
This section applies to you if you are a resident of the state of California. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with an identifiable consumer or device, or that is excluded from the CCPA’s scope.
Residents of California may be entitled to certain rights with respect to personal information that we have collected about them under the CCPA:
- . Right to Know.You have the right to request to know more about the specific pieces or categories of personal information we have collected, the categories of data sources, and the categories of third parties with whom we have shared the personal information for a business or commercial purpose in the last 12 months.
- Right to Request Deletion.You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
- Right to Opt Out of Personal Information Sales.You have the right to direct us not to sell (as such term is defined by the CCPA) personal information we have collected about you to third parties.
- Right against Discrimination.You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you the Service or engage with you in the same manner.
To request to exercise your right to know and/or right to deletion, please submit a request by emailing [email protected] with the subject line, “California Rights Request.” We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
We do not “sell” personal information to third parties without consent, however, we do allow certain third party advertising networks and other third party businesses to collect your personal information directly from your browser or device through cookies and related technologies for advertising, attribution, analytics and research purposes. These third parties may use such personal information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties. To exercise your Right to Opt Out of Personal Information Sales, please visit our trustarc.com to learn how you can exercise your choices over this third party data collection.
You may also have certain rights under California Civil Code Section §1798.83 (“Shine the Light”) with respect to disclosure of your personal information to third parties. We do not share your personal information with third parties for direct marketing purposes without consent.
Minors. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at [email protected] We may not be able to modify or delete your information in all circumstances.
8. 8. THIRD PARTY TRACKING AND ONLINE ADVERTISING
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our Service over time so that they may play or display ads on our Service, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again.
You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
9. 9. HOW WE STORE AND PROTECT YOUR INFORMATION
If you wish to enquire further about the safeguards used or if you would like to request a copy of these Model Contracts please contact: [email protected] .
Keeping your information safe: We care about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?”), except if required otherwise by law.
10.10. CHILDREN’S PRIVACY
Shotalks does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at [email protected]Shotalks.com.
11.11. LINKS TO OTHER WEB SITES AND SERVICES
The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
12.12. HOW TO CONTACT US