Last Updated: November 28, 2018
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Protection of your personal information is of paramount importance to us. This Release Form discloses what type of information we collect, the methods we use to collect it, how we utilize and/or share the information, and the choices you have about the way your information is collected, used, and shared. Please read this Release Form carefully. Your use of any Device and/or the Services indicates that you have read, accepted, and unconditionally agreed to our practices, as outlined in this Release Form and any Additional Policy.
Use of Imagery. By using the Device, you grant us and our Affiliates the right and permission to a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use in perpetuity, and copyright any use, photographic portraits, video, or pictures of you and any other Device user who may be included in whole or in part, in such photographic portraits or pictures (together, the “Content”), in any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purposes. We shall have the right to share, use, reproduce, distribute, display, perform, and delete the Content as permitted through the functionality of the Services and pursuant to the Release Form.
Limited Liability. Each Device user, hereby releases, discharges and agrees to hold harmless us and our Affiliates, from any liability that may exist in obtaining the Content or in any subsequent processing thereof, as well as any publication of the Content, including without limitation any and all claims for libel or invasion of privacy. WE ARE PROVIDING THIS DEVICE AND THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE DEVICE OR THE SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT WE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE COMPANY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Trademarks and Copyright. The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Device and Services, are registered and unregistered Trademarks of the Company, its Affiliates, and . Nothing contained on the Device or Services should be construed as granting any license or right to use any Trademark without prior written permission from the Company, its Affiliates, or , as applicable. All aspects of the Device and Services- design, text, graphics, application, underlying source code, and all other aspects – are copyrighted by the Company, , or third parties who have licensed their content for use on the Device and Services.
Children. This Device and the Services are not aimed at nor intended for children under the age of thirteen (13). If you are under the age of thirteen (13), the Device will not accept registration from you, and you will not be allowed to use this Device or the Services. If you are over the age of thirteen (13) but under the age of eighteen (18), you may only use this Device or the Services with the involvement and permission of a parent or legal guardian. No PII, as defined below, is purposefully or knowingly collected from children under the age of eighteen (18) by us without parental consent. A parent can review or have deleted his or her child’s PII and refuse to permit its further collection or use, by contacting us as provided below.
As used in this Release Form, personally identifiable information (“PII”) means information about an individual that can be used, either by itself or combined with other sources, to identify that individual, such as a name, phone number, or email address You hereby agree that all information you provide, including but not limited to your age, shall be truthful and correct. You may contact us with questions at Hotpoint, Inc., 5160 Van Nuys Blvd. #250 Sherman Oaks, CA 91403, 424-265-8383, or email@example.com.
PII that we Collect from You. We strive to provide our users with information relevant to their particular desires, needs, and/or interests. The information we gather helps us to better serve our purpose. We may ask you to provide us with your name, photograph, email, zip code, phone number, demographic information, information regarding your interests, or other PII. We may also collect Content, including your likeness. Providing us with your PII is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the features of the Device or the Services. We may collect PII in the following ways: : (1) through voluntary submission by users when using the Device or registering to use or receive our Services or other offers; (2) as provided by users when participating in any contests, sweepstakes, and/or other promotions.
PII that we collect through Social Networking Services and other Third Parties. We may create interfaces that allow you to connect with a social networking service (“SNS”), such as Facebook, through our Services, or the services of other third-parties. We work with the SNS’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that SNS on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the SNS, but you will need to log-in to that SNS directly through our Device or Services. Once authorized by you, the SNS provides us a token that allows the SNS to recognize us when we ask, on your behalf, for access to your account information or to post information. As you use our Services, we may periodically check for updates to such information. You can revoke our access to any SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS. Similarly, if you interact with us through a social media function (such as, for example, “liking” a Facebook post or a tweet), you may be permitting us to have access to certain of your information from your SNS profile pursuant to the terms of that SNS.
How We Use PII. We may use your PII to (1) operate, maintain, and improve our Services; (2) monitor and analyze usage and trends and personalize and improve the Services and your experience using the Services; (3) respond to your comments and questions and provide customer service; (4) send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; (5) protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and (6) provide and deliver products and services that you request.
How We Share Your PII. We share your PII (1) with other Social Networking Services (“SNS”), according to your account preferences; (2) with your consent; (3) for legal, protection, or safety purposes or to protect the rights, property, or safety of the Company, our Affiliates, or the , (4) to comply with laws and in response to lawful requests and legal processes, and (5) to protect our rights and the rights of our Affiliates. If your PII violates the law or this Release Form, we reserve the right to delete your PII, at our sole discretion.
We may contract with third parties to perform functions related to the Services (“Service Providers”). Service Providers will have access to your Personal Information needed to perform their business functions, but may not use or share that personal information for purposes outside the scope of their functions related to the Services.
If, while using the Services, you opt in to receive communications from a third party, your PII will be subject to the third party’s policies and not this Release Form. In other words, if you later decide that you do not want that third party to have your information, you will need to contact the third party directly.
If you choose to enter a contest, sweepstakes, or promotion, your PII may be provided to or disclosed third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize, or including your name on a winners’ list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice, or likeness, in advertising, promotional, and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or branded with a third-party, who may obtain the PII that you submit.
In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of our assets, or other fundamental corporate change, whatever form it may take. For clarification and the removal of doubt, we specifically reserve the right to transfer or share a copy of PII collected pursuant to this Release Form from this Device, offline or otherwise, to the buyer of that portion of the business relating to that information.
External Links. We may send you email correspondence containing links to, or advertisements about, us or our Services, and/or our affiliates. Other sites may also reference, advertise, or link to the Services. We do not endorse or sponsor other websites, and are not responsible for the privacy practices or the content of third-party sites. Please note that the practices described in this Release Form do not apply to information gathered through other websites. We encourage you to be aware of when you leave the Services and to read the privacy policies of each and every website that you visit.
Your California privacy rights. To California residents, we may share your PII with third parties (including Affiliates that may not share our name) for their direct marketing purposes. Under California law, you may request information about our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org.
General Data Protection Regulation (GDPR).
If you are based within the European Union (EU), in certain circumstances you will also have the following rights: (i) Right to access: the right to request certain information about, access to and copies of the PII about you that we are holding (please note that you are entitled to request one copy of the PII that we hold about you at no cost, but for any further copies, we reserve the right to charge a reasonable fee based on administration costs); (ii) Right to rectification: the right to have your PII rectified if it is inaccurate or incomplete; (iii) Right to erasure/”right to be forgotten”: where the processing of your information is based on your consent, the right to withdraw that consent and the right to request that we delete or erase your PII from our systems (however, this will not necessarily apply if we do not rely on your consent to carry out the processing, if we are required to hold on to the information for compliance with any legal obligation, or if we require the information to establish or defend any legal claim); (iv) Right to restriction of use of your information: the right to stop us from using your PII or limit the way in which we can use it; (v) Right to data portability: the right to request that we return any information you have provided in a structured, commonly used, and machine-readable format, or that we send it directly to another company, where technically feasible; (vi) Right to object: the right to object to our use of your PII including where we use it for our legitimate interests or, if applicable, for marketing purposes.; and (vii) Right to lodge a complaint: the right to lodge a complaint with a supervisory authority.
Legal Basis for Processing
The following legal bases apply to the ways in which we use and share an individual’s Personal Information:
We process PII on the basis of our performance of our contract with the individual, or in order to create such a contract. Our contract with the individual requires us to collect his or her data, including name and e-mail, as set out in this Policy and the Terms of Service.
We will rely on the individual’s consent with respect to the transfer of Content, including the individual’s likeness, photograph, zip code, phone number, demographic information, or information regarding the individual’s interests to partner venue. This consent can be withdrawn at any time, but once the information has been passed to partner venue, we can only request that the partner venue delete the information.
We also process the information provided by an individual in our legitimate interests in ensuring our business is conducted legitimately, to a high standard, and to market our Services.
Requests in relation to the above rights should be sent to: email@example.com.
Consent to Processing in the United States. The information provided to this Device is stored and is operated in the United States. By providing any information to us, all users, including, without limitation, users in the member states of the European Union, Canada, or elsewhere outside of the United States, fully understand and unambiguously consent to this Release Form. By using the Device, participating in any of the Services and/or providing us with your information, you consent and agree to the collection, transfer, storage, and processing of your information to and in the United States.
Aggregate Information: We may disclose anonymized, aggregated user statistics to our Affiliates for a variety of purposes, including describing the Services to prospective third parties. Examples of such non-personal information include the number of users who visited this Device during a specific time period. Retention. We reserve the right to delete the Content at any point and for any reason and are not liable to you for such deletion. We retain your Content for one year so that you may access it after the Event. After one year, we will delete the Content from our systems. If you want your email address removed from our systems, please either unsubscribe or email firstname.lastname@example.org . Notwithstanding the foregoing, we reserve the right to retain the Content and your PII for a longer period to comply with a legal action and/or a complaint.
How Can I Access, Correct, and Update Personal Information? You can access, correct, and update certain personal information that you have provided to us by emailing us at email@example.com . Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately.
Your Choices/Unsubscribe: You will have an opportunity to unsubscribe from receiving promotional material from our Services by clicking on an “unsubscribe” hyperlink contained in promotional emails the Company or send you. Additionally, you may email us at firstname.lastname@example.org . Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request. Please also keep in mind that any opt out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) we use your PII for either operational purposes (e.g., to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Device and Services, including any future changes to this Release Form, or any other policy or terms that affect you and your use of our Device and Services) or fulfillment purposes (e.g., sharing with companies that facilitate communications and transactions with you). Finally, if you do not exercise your opt out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt out choices. The systems require time to update, and promotional mailings using PII shared before your opt out may already be in process. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt out request with each third party in question.
Notice to California Residents/Your California Privacy Rights. California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2018 will receive information about 2017 sharing activities). As set forth in this Release Form, we comply with this law by offering our visitors the ability to tell us not to share your PII with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send an e-mail to the Company at email@example.com. You must include your full name, e-mail address, and postal address in your message. Please see the “Your Choices/Unsubscribe” section of this Release Form for additional information.
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, or otherwise change any portion of this Release Form, in whole or in part, at any time. When we amend this Release Form, we will revise the “last updated” date located at the top of this Release Form. For changes to this Release Form that we consider to be material, we will place a notice on the Services by revising the link to read substantially as “Updated Release Form” for a reasonable amount of time. If you provide information to us or access or use the Services in any way after this Release Form has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Release Form will be available on the Services and will supersede all previous versions of this Release Form.
Choice of Law. This Release Form, including all revisions and amendments thereto, is governed by the laws of the State of California, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
Arbitration. By using this Device and/or the Services, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Company or its Affiliates, and/or the arising out of, relating to, or connected in any way with the Device and/or the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Release Form and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Device and/or the Services; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company’s or partner venue’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company or ; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company or exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, we agree to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.