PRIVACY POLICY 06/26/20

PARTICIPANT SHALL NOT USE THE SERVICES OR ANCILLARY SERVICES IF PARTICIPANT IS UNWILLING TO BE OBLIGATED TO BINDING ARBITRATION.  THERE IS NO EXCEPTION.

COLLECTED PERSONAL INFORMATION.  Personal Information refers to any information which can be utilized to identify, contact, or locate a Participant.  Personal Information may include, but is not limited to, name, address, city, state, zip code, email address, social media handles, phone numbers, mobile numbers, IP addresses, Device Names, Device Identification Numbers, geographic location, referrer data, Browser type, platform type, access date, time stamp, links clicked, and activity duration.  Personal Information is collected by active Participant submission, or indirect collection by the monitoring of Participant activities and such collection of Personal Information may not require submission, but may be collected indirectly. Participant activities may include, but is not limited to, various site or application registration, survey engagement, joining mailing lists, uploading information, entering promotions, entering sweepstakes, participating in contests, submitting testimonials, submitting stories, uploading images, or availing other Personal Information as the case may be. See CCPA applicable terms and regulations below to better understand applicability of California State law to California Participants.

PURPOSE OF PERSONAL INFORMATION COLLECTED.  Personal Information is collected to improve the Services and Ancillary Services, avail Participants to a variety of financial and monetary incentives, to promote branding, advertising and various marketing techniques, and any other legitimate business purposes Company believes is reasonably prudent and necessary to Company’s commercial success.  Collected information may be aggregated, profiled, distilled, and compiled into a variety of ways to serve the Company’s business purpose which may include, but not limited to, research, analytics, metrics, advertising, attribution, characteristic estimation, and other advertising predictive analysis.  

INFORMATION RECEIVED FROM THIRD PARTIES.  From time to time, Company may receive distinct and aggregated data from Third Parties or other SMAP (Social Media Access Points) which may include Personal Information as defined in this Privacy Policy and as may be defined in the CCPA.  

REFERRALS.  To the extent Company encourages and/or requests Participants to share and/or submit referrals to receive an incentive, in doing so Participant expressly agrees that Participant has secured referrals’ consent and permission to submit their respective information.  Upon submission, referrals shall receive Company inquiries inviting referrals to become Participants.  Referrals under Thirteen (13) years of age are strictly forbidden and any violation of this age threshold may result in termination of the Participant’s account.

THIRD-PARTY DISCLAIMER.  Company may utilize Third Parties to facilitate collection of Personal Information, or to promote and facilitate financial incentives related to Participant’s submission of Personal Information.  Those Third Party applications and sites are not owned, controlled, operated, or administered by Company and as such Company’s Terms of Use, Privacy Policy and other governing terms and conditions do not apply and Company DISCLAIMS ALL THIRD PARTY PRIVACY PRACTICES AND IS NOT RESPONSIBLE FOR THE COLLECTION PRACTICES OF THIRD PARTIES.  Each Third Party is likely to have its own Terms of use and Privacy Policy and Participants are strongly encouraged to read and review as the need arises.

ADVERTISING NETWORKS AND ANALYTICS COMPANIES.  From time to time Company uses Third Parties to advertise and utilize Third Party advertising networks (collectively “Ad Portals”).  Ad Portals may display promotions and advertisements on Company Sites. Ad Portals may become customized, through the use of Cookies and other Tracking Technologies) to better suit Participants’ needs and interests.  Ad Portals may utilize their own respective session and persistent cookies on Participant’s Device(s) allowing them to recognize a Device each time an Ad Portal is accessed.  These cookies enable Ad Portals to compile information about where and how Participants view and engage with promotions and Ad Portals which will further allow Third Parties to better customize and improve the Ad Portals over time. Company has no control or responsibility over the Third Party cookies in any form or fashion. Participants may limit or remove such cookies and similar technologies through your Device settings.  

Company readily acknowledges that it utilizes Google Analytics to track visitors’ activity and engagement with the Services and Ancillary Services. Google Analytics and similar third-party analytics providers use web browsing data and other data analysis to improve their own products as well as those of Company. Each Third Party, including Google Analytics, has its own privacy policy that may differ from this Privacy Policy.   

COOKIES AND TRACKING TECHNOLOGIES.  Company utilizes and allows Third Parties to utilize access cookies and other similar tracking technologies (collectively as “cookies”) on Participant Device(s), including, without limitation, web beacons  and embedded scripts. Cookies may be individually used or in combination with other cookies.  Company and Third Parties may collect information using a variety of access points, offline and online, in order to afford Participants, the opportunity to engage in relevant promotions and financial incentives for Participant.  Cookies are small data files embedded within the Services and Ancillary Services which become stored on Participant’s Device(s). These Cookies capture information including, but no limited to, IP Address, operating system, screen display settings, browser type, use of Flash and Java and Device or software capabilities detection such a microphone or webcam access. Additionally, Cookies collect your Personal Information. 

The purpose of utilizing Cookies is to engage Participants more effectively with promotions and offers, verification, analytics, and compliance.  Cookies allow Company to provide Participants with 

  1. a) familiarity of sites, and other access points by remembering Participant’s prior site visits and/or engagements and by remembering credentials to aid in future re-entry of certain information,  
  2. b) to allow Company to customize the layout and tailor content shown to Participant across Devices, web browsers, email, mobile and other applications. 
  3. c) for anonymous and personally identifiable analytical and statistical purposes, quality control, validation and verification purposes
  4. d) Third Parties may link the information collected to the cookie stored on Participant’s browser or Device, and may collect information including, but not limited to, IP address, browser or operating system type and version, and demographic. It is possible from time to time that Participant data may be transferred outside of the country from which it was originally collected

Company utilizes both session cookies (which cease once a browser is terminated) and persistent cookies (which allows for a continued small text file to be stored on Participants hard drive for a period of time. 

Most browsers allow Participants to automatically transmit a “Do Not Track” signal to websites and online services. 

SOCIAL MEDIA ACCESS POINTS.  From time to time, Services and Ancillary Services shall incorporate, reference, integrate, or create access portals for Third Party Social Media Access Points including, but not limited to, websites, Facebook, Pinterest, Instagram, Twitter, and other similar platforms (“SMAP”).  Various SMAP may require Participants to engage or submit opinions, likes, clicks, thumbs up, approvals, or may require the sharing of SMAP credentials to become eligible for financial or monetary incentives.  These SMAP activities will likely lead to the use of cookies or other tracking mechanisms on Participant’s device.  Participant’s engagement with SMAP may lead to the sharing of personal information, tracking attributes, cookies, or other characteristics with the SMAP companies.  Moreover, a Participant’s sharing, re-posting, or branding (including the use of titles, key words, hashtags, etc.) will result in additional connections with SMAPs which may continue long after the engagement with Services and Ancillary Services is complete or terminated.  Any information captured or stored by the SMAPs shall be subject to each respective SMAP’s Privacy Policy and Terms of Use.  

DISCLOSURE OF INFORMATION.  Company may disclose a Participant’s Personal Information when:  

1) required by federal, state and local laws, 

2) necessary to comply with a judicial order or proceeding, 

3) required to cooperate with a criminal investigation, 

4) governmental authorities require cooperation with an investigation, 

5) a credible threat or violation exists as it pertains to Participants actions in relation to the governing Terms of Use and Privacy Policy, 

6) as requested by law enforcement, and 

7) in the sole discretion of Company, Company chooses to disclose to affiliates, third parties, or vendors that Company believes is necessary to achieve a business purpose.

Disclosures of Information may include IP addresses, Device descriptions, Device Identification Numbers, and geolocation attributes.

RIGHT TO TRANSFER.  Use of Services and Ancillary Services grants Company the right, in Company sole discretion, to transfer any and all personal information in Company’s possession or under Company’s care, custody and control to any other entity, business, company through any transaction Company deems advantageous.  Such a transfer may include, but is not limited to, merger, consolidation, restructuring, assignment of rights, partial or wholesale of assets, company restructuring, or securitized and collateralized transactions.    

NOTIFICATION OF CHANGES.  Company reserves the right to amend, modify and change this Privacy Policy at any time in Company’s sole discretion.  Participants will be notified by Company email or by notice integrated into the Services or Ancillary Services.  Participant’s continued use of the Services and Ancillary Services constitutes consent and acceptance of such changes, amendments, and/or modifications without exception.  Company is under no obligation to secure express agreement of such changes, amendments, or modifications of this Privacy Policy, and Participants hereby agrees that continued use of the Services constitutes fair and adequate acceptance of revised Privacy Policy at all times. 

AGE ELIGBILITY.  The Services and Ancillary Services are intended for general audiences and should be acceptable to those Participants Thirteen (13) years an older.  For those Participants under the majority age of Eighteen (18) years of age, should only access the Services and Ancillary Services with the express permission of their parent or guardian.  Prospective Participants younger than Thirteen (13) years of age, are forbidden from submitting any information whatsoever.  To the extent such information is provided from those under the age of eligibility, Company will make commercially reasonable efforts to promptly remove the personal information received.  CALIFRONIA NOTICE—California residents actually known to be between the ages of Thirteen (13) and Fifteen (15) years old, Company will make commercially reasonable efforts to utilize an application with the purpose of establishing an express acknowledgement and/or “opt-in” procedure prior to the submission and acceptance of personal information.  

SECURITY WARRANTY DISCLAIMER.  COMPANY SHALL MAKE COMMERICIALLY REASONABLE EFFORTS TO MAINTAIN SECURITY OVER PARTICIPANTS’ PERSONAL INFORMATION.  MEASURES ARE IN PLACE TO PROTECT AGAINST MISUSE AND ALTERATION OF THE PERSONAL INFORMATION UNDER COMPANY’S CONTROL.  HOWEVER, UNDER NO CIRCUMSTANCES DOES COMPANY GUARANTY OR WARRANTY, WHETHER IMPLIED OR EXPRESSED, THAT PERSONAL INFORMATION WILL NOT BE SUBJECT TO ERRORS IN TRANSMISSIONS, BREACHES BY UNRELATED THIRD PARTIES, OR OTHER CAUSES BEYOND THE COMPANY’S CONTROL.  COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES RELATED TO THE BREACH, UNAUTHORIZED ACCESS, OR OTHER LOSSES RELATED TO THE MISUSE, ALTERNATION, OR OTHER FRAUDULENT ACTIVITY RELATED TO THE PERSONAL INFORMATION.

APPLICABLE LAW.  The laws of the State of California shall govern this Privacy Policy.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 grants California residents the right to request certain disclosures from businesses that they submit their Personal Information to as it relates to 1) if the business shares that Personal Information with third parties, 2) if Personal Information is shared with affiliates, 3) and does any sharing of Personal Information relate to third parties’ or affiliates’ direct marketing purposes. 

Once per calendar year California residents may request that the business in question provide a list of companies with which it shares such Personal Information for the third parties’ or affiliates’ direct marketing purposes, and an inventory of the type and kind of Personal Information that the business shares.  

The California Consumer Privacy Act of 2018, Civil Code §1798.100 et seq. (CCPA) grants California Residents:

  1. the Right to Know About Personal Information Collected, 
  2. the right to request that a business disclose to them the Personal Information it collects, uses, discloses, and sells, subject to certain exceptions and limitations.  
  3. Right to Request Deletion of Personal Information collected or maintained by Company, subject to certain exceptions and limitations, 
  4. Right to Opt-Out of the Sale of Personal Information, in which under the CCPA, the “sale” of Personal Information broadly includes any communication of Personal Information to any business that is deemed to be a “third party” (as defined in the CCPA) for monetary or other valuable consideration, subject to certain exceptions and limitations, 
  5. Right to utilize an Authorized Agent wherein California residents may use an authorized agent to exercise certain privacy-related requests and rights on their behalf which may require a notarized statement for executed and notarized Power of Attorney governed by California Law appointing such authorized agent for such purpose which shall be mailed to 11468 Ghiberti Way, Porter Ranch, CA 91326
  6. Right to Notice of Financial Incentive by which California residents have the right to receive notice of financial incentives provided to them by a business, 
  7. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights by which California residents have a right not to receive discriminatory treatment by a business in the event that the California resident exercises one or more of their privacy rights conferred by the CCPA. 
  8. Right to Submit A Request. Company offers California Residents, or an authorized agent two (2) ways to submit requests regarding their California privacy rights under the CCPA: Online via 2marketllc@gmail.com and by United States Mail 11468 Ghiberti Way, Porter Ranch, CA 91326 with Attention: California Privacy.  Identify and Request Verification may be necessary, and from time to time Company may utilize a Third Party Verifier.
  9. Right to Annual Publication of CCPA Statistical Data.  Starting January 1, 2021, and updated annual at the discretion of CCPA, Company will publish a summary of statistical data pertaining to the following categories of California-resident consumer privacy requests: (1) “Requests to Know”, (2) “Requests to Delete”, and (3) “Requests to Opt-Out of Sale” in our Notice of Collation of Info.  The statistical data Company will publish will include: (A) the number of requests Company received in each category of California-resident consumer privacy request, (B) the number of such requests that Company complied with in (in whole or in part), (C) the number of such requests which Company denied and (D) the median number of days within which such requests were responded to.

Contact Us; Questions and Feedback

CONTACT US.  Participants seeking clarifications, or having questions related to the Terms of Use or Privacy Policy may contact Company at 2marketllc@gmail.com. 

DISPUTE RESOLUTATION AND BINDING ARBITRATION.  All disputes regarding Services, Ancillary Services, Sites, Engagements, Third Parties, Social Media Access Points, Ad Portals, or any other disputes arising from interaction, whether indirectly, directly, or peripherally with Company shall be subject to a strict binding arbitration as outlined in this Privacy Policy.

Notice shall be sent to Company at 2marketllc@gmail.com. Notice shall include nature and basis for the dispute, enclosure of all pertinent documents, and the specific remedy Participant is seeking.  

Participant agrees to pursue informal negotiation for a period of Sixty (60) days in good faith and without threat of future litigation.  Should informal negotiation fail to resolve the outstanding issues, Participants agrees to a period of ninety (90) days with multiple sessions (at sole discretion of Company) of non-binding mediation to resolve any issue.  Participant further agrees to prepay half of the legal cost for each non-binding mediation session before such non-binding mediation session takes place.  Failure of Participant to post their respective non-binding mediation prepayment fees will result in waiver of claim in its entirety with prejudice.  

Should non-binding mediation fail to resolve the dispute, Participant agrees to be obligated to binding arbitration as Participants sole remedy.  Venue shall be Los Angeles, California, and binding arbitration shall be subject to the American Arbitration Association’s Commercial Arbitration Rules and the supplementary Procedures for Consumer-Related Disputes.  Judgement upon any Arbitration ruling may be entered into a court of competent jurisdiction.  

ANY DISPUTE RESOLUTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS ACTION LITIGATION.