PRIVACY POLICY FOR 15SOF CHARITY

 

LAST UPDATED ON OCTOBER 28, 2021

 

15 Seconds of Fame Live, LLC (“15SOF Charity”, “we”, “our”, “us”) collects information about you when you use our mobile application and/or website at charity.15secondsoffame.com (the foregoing, together with any other platform through which we may offer our services, the “15SOF Charity Services”) and we may share some or all of that information with one or more third parties in certain circumstances. We created this privacy policy (“Privacy Policy”) to explain our data collection practices and your options regarding such data. This Privacy Policy applies to your access and use of the 15SOF Charity Services unless another applicable privacy policy is posted on that 15SOF Charity Service. By accessing or using the 15SOF Charity Services, you agree to the terms of this Privacy Policy.

 

You may choose whether or not to provide or disclose information that may be used, either alone or in combination with other information to personally identify an individual (“Personal Data”) in connection with your use of the 15SOF Charity Services. If you choose not to provide the Personal Data we request, you may still visit parts of the 15SOF Charity Services, but may be unable to access or use certain features, options, programs, and services. The 15SOF Charity Services may contain links to third-party websites and services that are not owned or controlled by 15SOF Charity. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.

 

We reserve the right to modify this Privacy Policy at any time and in our sole discretion. We will provide notice of any such changes by posting the modified Privacy Policy on this page and by indicating above the date the Privacy Policy was last updated. Changes will become effective immediately but will not apply retroactively. We encourage you to periodically review this Privacy Policy for changes.

 

1. PERSONAL DATA WE COLLECT

 

(a) Personal Data You Provide To Us Through Our 15SOF Charity Services

 

Whether you access the 15SOF Charity Services from your computer, smart phone, tablet, or other mobile device, 15SOF Charity and its agents may collect Personal Data, including:

 

your name;

mailing address;

telephone number;

e-mail address;

date of birth;

age;

payment information;

gender;

username;

password (for account administration); and

communications you send to us.

2. HOW WE USE PERSONAL DATA WE COLLECT

 

We may use Personal Data about you for the purposes described in this Privacy Policy or as otherwise disclosed to you through the 15SOF Charity Services. For example, we may use Personal Data about you to:

 

process and manage your use of our 15SOF Charity Services, including site registrations, and contest and/or promotional entries;

respond to and/or fulfill your inquiries or requests (online and mail-based);

create and deliver personalized promotions;

with your permission, communicate with you by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging about 15SOF Charity and the 15SOF Charity Services, including as it relates to events and special promotions;

further our business or operational purposes through data analysis, audits, and fraud monitoring and prevention; and

enhance, improve, or modify the 15SOF Charity Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate and expand our business activities.

We may send you transactional and relationship communications using various electronic communications, including by email, SMS text messages, push notifications, and/or otherwise. Transactional and relationship communications may include, for example, notices to facilitate a recent transaction you have conducted, messages with information about your existing account, promoting upcoming events and/or other features relating to the 15SOF Charity Services. At any time if you decide you would rather not receive these types of communications from us, you can opt out by following the steps in Section 5, below.

 

3. HOW WE MAY DISCLOSE PERSONAL DATA WE COLLECT

 

Your privacy is very important to us. Except as otherwise set forth in our Terms, we generally won’t disclose Personal Data about you to anyone outside of 15SOF Charity, except in the following circumstances:

 

(a) Service Providers

 

We may disclose Personal Data about you to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing, analytics and other similar services.

 

(b) Parent Company/Affiliates

 

We may disclose Personal Data to those companies that are under common control of 15SOF Charity (“Affiliates”) and to our parent company, 15 Seconds of Fame, Inc., for the purposes described in this Privacy Policy, including for marketing purposes, and to be consistent with our goal of providing our users, visitors, and customers with a superior product and service experience.

 

(c) Business Partners

 

We may share Personal Data including your profile information and any content you post, send, share, or receive through the 15SOF Charity Services, with brand partners, charity partners, talent partners, and/or our other business partners that license content to us or jointly promote our 15SOF Charity Services.

 

From time to time, we may also partner with other companies or non-profit entities to offer prizes, promotional products and/or services. If you purchase or specifically express interest in a prize, promotional product or service from us, we may share Personal Data collected in connection with your purchase or expression of interest with our prize and/or promotion partner(s). We do not control our business partners’ use of Personal Data we collect, and their use of the Personal Data will be in accordance with their own privacy policies.

 

(e) To Perform Services You Request

 

We may disclose Personal Data about you to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and social media forums, including our Facebook page. Please note that when you post information in a public forum it becomes public information.

 

In addition, we may disclose Personal Data about you in order to identify you to anyone to whom you send communications through the 15SOF Charity Services.

 

(f) Corporate Changes

 

We may disclose Personal Data about you to a third party in connection with a potential or actual corporate 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.

 

(g) Other Legal Reasons

 

In addition, we may use or disclose Personal Data about you as we deem necessary or appropriate:

 

under applicable law, including laws outside your state or country of residence;

to respond to requests from public and government authorities including public and government authorities outside your state or country of residence;

to comply with subpoenas and other legal processes;

to pursue available remedies or limit damages we may sustain;

to protect our operations or those of any of our parent company and Affiliates;

to protect the rights, privacy, safety or property of 15SOF Charity, our parent company, Affiliates, you and others; and

to enforce our Terms and any other terms and conditions

4. INFORMATION COLLECTED AUTOMATICALLY

 

Certain information on our 15SOF Charity Services is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our 15SOF Charity Services. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers (described in Section 3(b), above) may use cookies or other methods to gather information regarding your use of our 15SOF Charity Services.

 

(a) Log Files on our 15SOF Charity Services

 

The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.

 

(b) Cookies

 

"Cookies” are small text files containing pieces of data that are placed in your computer’s web browser to store your preferences. Cookie data does not directly identify you as an individual, but may be reasonably linked to data that does identify you that you provide to us through your interaction with the 15SOF Charity Services and in such cases, may constitute Personal Data. A cookie will typically contain the name of the domain (Internet location) from which the Cookie has come, the “lifetime” of the Cookie (its expiration period), and a value (such as a randomly generated unique number).

 

15SOF Charity and its agents use cookies so that we can improve your online experience – for example, by remembering you when you come back to visit the 15SOF Charity Services, and making the content you see more relevant to you.

 

We may use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate the 15SOF Charity Services, but you may not be able to successfully use all of the features of the 15SOF Charity Services. As further described below, we use the following cookies, tags and trackers on the 15SOF Charity Services:

 

Cookie Duration/Type Purpose           More Information

Google Analytics         Persistent, First Party

Used to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect certain information, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.

 

Click here for more information on Google Analytics: https://support.google.com/analytics/answer/6004245

 

To opt out of Google Analytics visit: https://tools.google.com/dlpage/gaoptout/

 

 

 

(c)        Website Analytics

 

We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our website.  One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the website. The information generated by the cookie about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on activity for its staff and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using our website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

 

(d) Online Advertising

 

We may also use cookies and other technologies such as pixel tags, web beacons and clear GIF files, to help manage our online advertising program.

 

15SOF Charity may use these technologies to track the actions of users of the 15SOF Charity Services, to measure statistics of our marketing efforts, and to deliver advertisements on the 15SOF Charity Services that may be more relevant to individual consumers and to otherwise improve the consumer experience on the 15SOF Charity Services. For example, if you have given us your zip code, we may deliver to you advertisements that are specific to promotions in your area.

 

5. YOUR RIGHTS

 

 If you reside in California, Nevada or the EU/UK, see, respectively, the “Your California Privacy Rights,” “Nevada Privacy Rights” and “Additional EU/UK Disclosures” sections below for further information about your rights regarding your Personal Data.

 

You may choose not to receive future promotional, transactional, or advertising communications from us by following the “opt-out” or “unsubscribe” or “STOP” instructions in the relevant communication or you can send your opt out request to 15SOF Charity, by email to Privacy@15SOF.com and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to Privacy@15SOF.com. Customers cannot opt out of receiving transactional emails related to their account with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

 

15SOF Charity does not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer's online activities over time and across third-party web sites or online services.

 

6. HOW WE PROTECT PERSONAL DATA ABOUT YOU

 

We have implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Data provided or collected through the 15SOF Charity Services. With respect to Personal Data collected through the 15SOF Charity Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission.

 

Unfortunately, no system or online transmission of data can be guaranteed to be 100% secure and you should always take appropriate security measures to protect Personal Data about you, including ensuring that you have up-to-date antivirus software. If you believe that your account at 15SOF Charity or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below.

 

7. RETENTION OF PERSONAL DATA

 

We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in above (how we use Personal Data we Collect), and (ii) comply with applicable law.

 

8. SOCIAL NETWORKING SERVICES

 

We may work with certain third-party social media providers to offer you their social networking services through our 15SOF Charity Services. For example, you may be able to use third-party social networking services, such as Facebook, to share information about your experience on our 15SOF Charity Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our 15SOF Charity Services. These third-party social networking services also may notify your friends, both on our 15SOF Charity Services and on the social networking services themselves, that you are a user of our 15SOF Charity Services or about your use of our 15SOF Charity Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

 

You also may be able to link an account from a social networking service such as Facebook to an account through our 15SOF Charity Services. This may allow you to use your credentials from the other site or service to sign in to certain features on our 15SOF Charity Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.

 

We do not control such social networking services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our 15SOF Charity Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

 

You should be aware that Personal Data which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others.  We are unable to control such uses of your Personal Data, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

 

9. LINKS TO OTHER WEBSITES

 

Our 15SOF Charity Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. When you navigate away from our 15SOF Charity Services, you do so at your own risk. We encourage you to review the privacy policies of these third-party websites or services.

 

10. YOUR CALIFORNIA PRIVACY RIGHTS

 

California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding our disclosure of Personal Data to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, contact us by email at Privacy@15SOF.com.

 

11. NEVADA PRIVACY RIGHTS

 

If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at Privacy@15OF.com. 

 

12. CHILDREN'S ONLINE PRIVACY

 

We do not target children and do not knowingly collect any personally identifiable information from children under the age of thirteen (13). When a user discloses Personal Data on the 15SOF Charity Services, the user is representing to us that he or she is at least thirteen (13) years of age.

 

If you are the parent or guardian of a child under the age of thirteen (13), who you believe has provided 15SOF Charity with personally identifiable information through the 15SOF Charity Services without your consent, please e-mail us at Privacy@15SOF.com so that we can delete the child’s information from our records.

 

13. INTERNATIONAL

 

This English-language Privacy Policy is 15SOF Charity’s official statement of our privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into any other language, this English-language document will take precedence over such translation.

 

14. ADDITIONAL EU/UK DISCLOSURES

 

IF YOU ARE SITUATED IN THE EU/UK, THIS SECTION APPLIES TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

 

(a) Legal basis

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

·       Where we need to perform the contract we are about to enter into or have entered into with you.

 

·       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.

 

·       Where you have consented to a certain use of your Personal Data.

 

·       Where we need to comply with a legal or regulatory obligation.

 

To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve Personal Data when we have a good faith belief that doing so is necessary.

 

(b) Data controller

 

15SOF Charity is the data controller of all Personal Data collected through our 15SOF Charity Services. To contact us, please see the section titled “Contact Us”.

 

If you are situated in the EU/UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. If you have a complaint, please reach out to us at Privacy@15SOF.com.

 

(c) Provision of personal data and failure to provide personal data

 

Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

 

(d) Collection of personal data from third party sources

 

We do not collect Personal Data about you through public sources. We may obtain Personal Data and other information about you through our third party partners who help us provide our products and services to you.

 

(e) Withdrawing your consent

 

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at Privacy@15SOF.com.

 

(f) Data transfer

 

We may transfer personal data from the EU to the US and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. If we transfer personal data outside the EU to a processor, such transfer will be in compliance with the requirements of the General Data Protection Regulation (“GDPR”).

 

Additionally, 15SOF Charity, as a covered entity of 15 Seconds of Fame, Inc., complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union (the “EU”) member countries and Switzerland. 15SOF Charity has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.

 

In compliance with the Privacy Shield Principles, 15SOF Charity commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via email at: Privacy@15SOF.com.

 

15SOF Charity has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

 

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, 15SOF Charity is potentially liable.

 

 (g) Use of your personal data for marketing purposes

 

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising:

 

·       Promotional offers from us: We may use your Personal Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your Personal Data for marketing purposes.

 

·       Third party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.

 

(h) Data subject rights

 

If you are a situated in the EU/UK, under the GDPR, as a data subject, you have the right to:

 

o   Right to access – This right allows individuals to obtain confirmation as to whether or not Personal Data concerning him or her is being process and provide access to such Personal Data. It also allows individuals to request details of the processing of their Personal Data, including, without limitation, categories of recipients to whom the personal data have been or will be disclosed and purposes of processing.

 

o   Right to rectify – This right allows individuals to rectify any inaccurate Personal Data about him or her.

 

o   Right to restrict processing – This right allows individuals to block or suppress processing of Personal Data under certain circumstances.

 

o   Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have Personal Data erased or to prevent processing in specific circumstances.

 

o   Right of data portability – This right allows individuals to move, copy or transfer Personal Data from one place to another in a secure manner without interrupting the integrity and usability of the information.

 

o   Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

 

To exercise your rights under the GDPR, please contact us at Privacy@15SOF.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your Personal Data.  This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more Personal Data from you than we currently have.

 

15. CONTACT US

 

If you have any questions regarding our privacy practices, please do not hesitate to contact us by email (Privacy@15SOF.com) or write to us at:

 

15 Seconds of Fame Live, LLC

212 Marine Street,

 

Suite 100

 

Santa Monica, CA 90405