(c) We may offer our content through certain third-party websites via a subscription page on such third-party websites that is linked to this policy. For the avoidance of doubt, such subscription page is a “Covered Site” and this policy applies to information collected through the subscription page, but does not apply to information collected through the third party website.
2. Collection of Information
(a) Information You Provide. Retail Bum generally collects Personally Identifiable Information that you voluntarily provide. For instance, when you enter a sweepstakes or contest, complete a survey, participate in a reader panel, register for those portions of our Covered Sites that may require registration, make a purchase, participate in our social networking features, subscribe to receive newsletters, promotional correspondence, or other electronic services, or send us an email or feedback, you may be asked to provide information such as your e-mail address, name, phone number, shipping address, and billing information, and we will collect such information as well as any other content you provide us in engaging in any of the above activities. Information such as your age, gender, hobbies or interests may also be requested. If you elect to post material to any blogs, forums, participate in our social networking features or other community boards that may be offered on our Covered Sites, then such materials will be collected and may be publicly available for others to view.
(b) Cookies and other technologies.
(ii) Some of our third-party partners (including advertisers and marketing services companies) may set and access cookies and similar technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom.
(iv) Some of our emails may contain tags that allow us and our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain Personally Identifiable Information and may be shared with others to the same extent indicated in Section 4. Those tags may not be deleted but you can opt-out of receiving the emails as explained in section 5.
(c) Gifs. We may use “clear GIFs” (aka “web beacons” or “pixel tags“) or similar technologies, in the sites and in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information.
(d) IP Address. Your Internet Protocol (“IP“) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Covered Sites, the websites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Covered Sites. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Covered Sites, customers or others.
(e) Location Information. We may, and may enable our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services“) or mobile phone service (“Mobile Services“). We, or the service provider, will inform you of such collection at the time you use the service. By using such service, you hereby consent to our collection, use and disclosure of your location information as described.
(f) Tracking Requests. Retail Bum does not act on Do Not Track requests from your browser.
(g) Effect of Tracking Requests. Retail Bum does not act on Do Not Track requests from your browser because, this way, we are able to personalize your experience on our sites and tailor content to your interests.
3. Use of Information.
(a) Retail Bum uses information we collect from you in part to provide you with the service you have requested. If you subscribe to any of our websites, we may also use your e-mail address to send you a confirmation notice. Similarly, if you enter online sweepstakes, we will also use this information to notify you if you are a winner. We also use your information to identify you as a user, improve our Covered Sites and services, send you administrative notifications, and respond to your inquiries. We might also send out e-mails to users and sweepstakes/contest entrants to announce special offers, services and announcements from our Covered Sites, our partners and/or our advertisers. We also use information in connection with advertising and to serve other content, as described in section 4(c) below.
(b) We may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes.
(c) In addition, we may use information you provide us through emails, Q&A, blogs, forums, in response to polls, or through any other user-generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online. If you provide us with personal anecdotes, they may be attributed to you. Retail Bum can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the online, and in trade media, and advertising.
(e) We may create Anonymous Information from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Information for any purpose and disclose Anonymous Information to third parties in our sole discretion.
4. Disclosure of Your Information
(a) In addition to the other disclosures described in this policy, Retail Bum may (and you authorize us to) share or disclose Personally Identifiable Information about you to other companies or individuals in the following situations:
(i) We utilize third-party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your Personally Identifiable Information and not to use your Personally Identifiable Information for any reason except to carry out the purpose(s) for which we hired them (“Service Provider Exception“).
(ii) You have entered a contest or sweepstakes sponsored by a third party, in which case the information you provide via the contest or sweepstakes may be shared by us with that third party for their use in their discretion, including direct marketing. Some of our contests and sweepstakes will ask you at the time of entry whether you would like to have your personal information shared with the sponsor, in which case we will honor your selection. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest. The privacy policies of such third-party companies apply to their use and disclosure of your information that we collect and disclose to such third-party companies.
(iii) The entity to whom the information is disclosed is an Affiliate of Retail Bum.
(iv) In accordance with your indicated preferences (e.g., you indicated you wanted to receive promotional materials directly from a third-party partner).
(v) The entity is a third party who wants to promote goods and services we think would be of interest to you.
(vi) You have furnished us Personally Identifiable Information with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in (examples include, without limitation, e-commerce partners, services to help old friends locate you online, etc.).
(d) Delivery of Advertising and Other Content.
(i) In addition to ads and content that we serve you directly, we use third-party advertising companies and marketing services companies to serve ads and other content when you visit our Covered Sites and elsewhere on the internet and in other media. Both we and these companies may use information about your visits to this Covered Site and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, we and these companies may use Web beacons to help manage our online advertising and content. These Web beacons enable us and the third-party companies to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in other media. Both Retail Bum and these companies may use information obtained from your visits to the Covered Sites (including your status as a customer of Retail Bum), other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media. If you would like more information about this practice and to know your choices about not having this information used in this manner by our third-party advertising companies please visit http://www.networkadvertising.org/optout_nonppii.asp. The collection of information via certain ads served to users in Canada may be managed by visiting youradchoices.ca, and via certain ads served to users in Europe may be managed at youronlinechoices.com. You may also visit alc-opt-out.com and https://portal.solvemedia.com/portal/public/opt-out to find out how our marketing services companies operate.
(ii) In addition, we may provide Personally Identifiable Information and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including Personally Identifiable Information and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that we place on their behalf, as described in Section 2(b). We require these companies to delete the Personally Identifiable Information we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes. If you would like to know your choices about not having this information used by such companies, please visit: alc-opt-out.com and https://portal.solvemedia.com/portal/public/opt-out.
(e) Video Services. We may offer the right for you to access certain video content as a paid subscription service or via a registration process for specific content (“Video Services”). As a condition of becoming a subscriber or a registrant, you must grant your consent to allow us to share information about the content you have viewed to third parties in order to provide you with the service, for our and others’ marketing purposes and to help you inform others about your experiences on social media services such as Facebook and Twitter. If you no longer wish us to share information about what you have watched on our service, you can cancel your subscription at any time (in the case of subscription services) or ask that your information not be shared (in the case of registration services). A list of those Video Services, together with information on how to contact customer service about your account, will appear here. Current Video Services are: None. The provisions of this section 4(e) apply only to videos that are accessible by subscription or registration, and not to other videos that may be viewed on our Covered Sites.
5. Right to Opt-out
(a) California & Canadian Users: Your California Privacy Rights. California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared with third parties for the third parties’ direct or indirect marketing purposes, in accordance with such laws. In addition to reviewing Sections 4(d) and 5(d), if you wish to find out about any rights you may have under California Civil Code section 1798.83, you may notify us by contacting us at firstname.lastname@example.org. In the case of marketing via Video Services, please refer to the customer service contact set forth at section 4(e) above. Canadian residents also have certain rights to know how their information may be shared with third parties who engage in direct marketing activities. Again, Sections 4(d) and 5(d) explain our practices and how you can opt-out of having your information shared for such purposes, in accordance with such laws.For the avoidance of doubt, these opt-out options are available for all users and are not limited to Californian and Canadian users.
(b) Mobile Opt-out. We may provide you messages, including marketing, via your wireless email address or by short message service (“SMS Service“), WAP or Mobile Services as described in Section 6. You may opt-out of these messages from us by replying “STOP” or following the instructions provided in the message.
(c) Marketing provided by Retail Bum. From time to time we may send you promotional materials on behalf of Retail Bum and/or third parties. If you want us to stop sending you promotional materials to your email, you may follow the unsubscribe instructions in the email.
(d) Marketing provided by Third Parties. From time to time we may disclose your contact information to third parties to allow them to market their products or services to you or for other marketing purposes. This may be information we received from you offline and online. If you want us to stop further sharing your email contact information with third parties (if we have your email contact information), you may notify us by contacting us at email@example.com. If you want us to stop further sharing your postal mailing contact information with third parties (if we have your postal address), you may notify us by contacting us at firstname.lastname@example.org. If you wish to opt-out of having your information shared with marketing services companies, please see section 4(d) above. In the case of marketing via Video Services, please refer to the customer service contact set forth at section 4(e) above. In the case of information collected by our Third Party Partners, you should consult their own privacy policies to determine how your Personally Identifiable Information will be used, and follow the instructions provided to you by those Third Party Partners to unsubscribe from their messages and customize your preferences.
(e) Exceptions. ;If you have opted-out as described above, and thereafter you elect to use a service or promotion that requires us to contact you or share your information with a third party (e.g., you enter into a contest or sweepstakes or use an eCommerce service after opting-out), then your previous opt-out preferences will not apply to such service. Despite your indicated preferences, we may send you service-related communications, including notices about your subscription, and we may continue disclosing your information to third parties under the Service Provider Exception, Legal Exceptions, and Acquisition Exception described above.
(f) Device Settings. Our digital applications may provide you alerts and you can change your preferences regarding these alerts through your device settings.
7. Security of Your Personally Identifiable Information. We use a variety of industry-standard security technologies and procedures to help protect your Personally Identifiable Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your registration information. Please do not disclose your registration password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Retail Bum uses reasonable efforts to protect your Personally Identifiable Information, Retail Bum cannot guarantee its absolute security.
8. Kids And Parents. The Covered Sites are not intended for use by children, especially those under age 13. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children’s exposure to material online. Minors’ Right to Request Deletion of User-Posted Comments: If you are a California resident and registered user on Seventeen.com and posted comments on that site when you were under 18 years old, you may request deletion of those comments by contacting us at email@example.com. and indicate in the subject line “California take-down request”. You must provide us with the live url where the content resides, a copy of the content (cut and pasted into your email), the date of publication and, if applicable, the user name associated with it. We will act as promptly as possible to remove the posting (except in certain circumstances mandated by law). Note that our deletion does not ensure complete or comprehensive removal of your content from the internet and comments that may have been posted by others about you or your posting will remain accessible online.
9. Non-U.S. Users. If you are located outside of the United States, please note that the information you provide to us will be transferred to and processed in the United States, where laws regarding processing of Personally Identifiable Information may be less stringent than the laws in your country. By using this Covered Site, you consent to this transfer and processing. You also consent to the adjudication of any disputes arising in connection with this Covered Site in the federal and state courts of, and in accordance with the laws of, the state of New York.
10. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(i) Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Retail Bum arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.
(ii) YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RETAIL BUM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND RETAIL BUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
(iii) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA“), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Retail Bum must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
(iv) This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.