This Privacy Policy applies to Personal Information (defined below) collected through The Opinist (“The Opinist,” “we,” “us,” or “our”) web sites that post this Privacy Policy, including any features, applications, widgets or online services that post a link to this Privacy Policy, whether accessed via computer, mobile device, Apple TV, Roku or otherwise (collectively, the “Sites“).

When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws. This Privacy Policy only covers Personal Information collected via the Sites and does not cover any information collected at any other web site or offline by The Opinist (unless specifically stated at the time of collection).

This Privacy Policy explains The Opinist’s information collection practices at the Sites, such as the types of Personal Information The Opinist collects regarding visitors to the Sites and how we may use that information. Please review this Privacy Policy carefully. In addition, please review the Terms of Use, which govern your use of the Sites. If you do not agree with this Privacy Policy, please do not use the Site or the services or provide us with any Personal Information.

1. INFORMATION WE COLLECT

Personal Identifiers – We collect personal information such as name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Demographic Information – We collect your age, date of birth, gender, and other similar data when you choose to provide it to us as part of your profile, or when using the Sites.

Commercial Information – We collect information about products or services you purchased, obtained or considered, or other purchasing or consuming histories or tendencies.

Internet or another similar network activity – We collect details about your visits to our Sites and information generated in the course of using our Sites (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached the Sites. We also collect details regarding the device you use to access our Sites, including, but not limited to, your IP address, operating system and browser type.

Geolocation Data – As described above, we collect your IP address and other information automatically when you use our Sites. We may be able to determine your general location based on the IP address. We do not collect your precise location (i.e. your GPS coordinates).

Inferences drawn from other personal information – We analyze your purchases, preferences, or other interactions and may create a profile for you to suggest other content you may be interested in.

Sensitive Personal Information – We may collect certain Personal Information that is defined as Sensitive Personal Information under the applicable data protection laws. This data varies depending on the context and purpose of collection.

2. CATEGORIES OF SOURCES OF PERSONAL INFORMATION.

Directly from you: We collect Personal Information that you provide directly to us while using our Sites or interacting with us offline. This includes:

• Contact and demographic information when registering to use our Sites and services.
• Payment information and associated contact information when engaging in a transaction on our Sites.
• Email address information when subscribing to our email lists.
• Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Sites. Please note that these comments are also visible to other users of our services and may be visible to anyone else on the internet.
• Information you provide when you submit a question or complete a survey.
• Information you provide when participating in a charity event or offering a donation.
• Information you provide when you participate in a contest or sweepstakes.
• If you contact us, we may keep a record of that correspondence and any contact information provided.

Information We Collect Automatically: When you interact with and use the Sites, certain information about your use of our Sites is automatically collected. Much of this information is collected through cookies, web beacons, pixels, and other tracking technologies, as well as through your web browser or device. This includes:

• Details of your visits to our Sites and information generated in the course of using our Sites (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached our Sites.
• Details regarding the device you use to access our services, including, but not limited to, your IP address, operating system and browser type.
• Information about how you interact with our ads and email newsletters, including whether you open or click links in any correspondence.
• Information that you make available to us on a social media platform (including by clicking on a social media icon linked from our services or by signing up for our newsletter through a social media service), including your account ID, email address, username, and other information included in your posts.

3. CATEGORIES OF PERSONAL INFORMATION SOLD OR SHARED TO THIRD PARTIES.

In this privacy policy, the terms “sale,” and “share” (including any variations thereof), and other similar terms have the meaning ascribed to them under applicable data privacy laws. The following defined terms are used in the charts below to describe the categories of third parties with whom we disclose, sell, share, or otherwise make available Personal Information:

• Service Providers: including hosting providers, auditors, advisors, consultants, payment processors, cybersecurity, e-commerce, technology, and customer service and/or support providers.
• Advertising and Marketing Partners: including social media networks and third parties that provide advertising, campaign measurement, online and/or mobile analytics, and related services.
• Subsidiaries, Affiliates, and Business Partners: including affiliated brands, parent company, and other companies under common ownership, control or management.
• Government entities: including courts, legislative and regulatory bodies, law enforcement agencies, or other federal, state, or local government entities.

Category of Personal Information Sold or Shared?

Purpose of Sale/Sharing

Category of Third Parties with whom we Share or Sell Personal Information

4. CATEGORIES OF PERSONAL INFORMATION DISCLOSED TO THIRD PARTIES.

The term “disclosure” refers to any action or process by which personal information is transferred, made available, or otherwise communicated to third parties, excluding activities classified as “sales” or “sharing” as outlined in Section 3.

Personal Identifiers – Operating our business and providing, maintaining, and improving our Sites and services.Audience targeting and running campaigns.Conducting contests and sweepstakes.Protecting and enforcing our and others’ interests, rights, and property.Other purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.

Protected classification characteristics under state or federal law – Protecting and enforcing our and others’ interests, rights, and property.Other purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.

Commercial information – Operating our business and providing, maintaining, and improving our Sites and services.Sending you newsletters and tailoring other content we display to you and offers we may present to you, both on the Sites and elsewhere online.For our internal business purposes.Audience targeting and running campaigns.Processing commercial transactions and financial contributions.Other purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.Protecting and enforcing our and others’ interests, rights, and property.

Internet or other similar network activity – Operating our business and providing, maintaining, and improving our Sites and services.Audience targeting and running campaigns.Other purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.Protecting and enforcing our and others’ interests, rights, and property. For internal business purposes.

Geolocation data – Operating our business and providing, maintaining, and improving our Sites and services.Audience targeting and running campaigns. Other purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.Protecting and enforcing our and others’ interests, rights, and property. For internal business purposes.

Sensitive Personal Information – For internal business purposes.

5. ADDITIONAL INFORMATION ABOUT OUR DATA COLLECTION AND DISCLOSURE PRACTICES.

We may disclose non-personally identifiable information, such as aggregated user statistics and certain usage information, with service providers and other third parties, including third party advertisers, content providers and analytics providers, may themselves collect such information when you visit the Sites. We do not disclose your Personal Information with third parties for their marketing purposes unless you agree to such sharing by opting in. You may opt-out of sharing by clicking the “Do Not Sell or Share My Info” link. We may disclose the information we have collected about you, including Personal Information, as disclosed at the time you provide your information or otherwise with your consent (to the extent required by law), and as described in this Privacy Policy.

When You Agree To Receive Information From Third Parties Or Otherwise Request That We Share Your Information. You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

You also may request, sometimes through your use of an interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances. For example, if you “like” content on our Sites, information about you may transfer to the third party offering that application on our Sites and to the third party web site to which you are posting.

Third Parties Providing Services on our Behalf. We may use third party service providers to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites’ features, analyzing users’ interactions with the Sites, sending communications, safeguarding against fraud, or performing other administrative services. We may provide these service providers with access to user information, including Personal Information, to carry out the services they are performing for you or for the Sites.

Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

Administrative and Legal Reasons. We may also transfer and disclose user information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Sites’ Terms of Use or other policies applicable to the Sites or to protect the personal safety, rights, property or security of any individual. To that extent, we may disclose certain Personal Information to a third party we engage to protect against fraud and the unauthorized use of credit and gift cards. We may also use Device Identifiers (e.g., IP addresses) to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. These disclosures may be carried out without notice to you.

Business Transfers. The Opinist may share Personal Information with its subsidiaries and affiliates for internal business reasons. The Opinist also reserves the right to disclose and transfer all information related to the Sites, including Personal Information: (i) to a subsequent owner, co-owner or operator of the Sites or component of the Sites, such as a database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of The Opinist’s ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.

6. INFORMATION YOU CHOOSE TO PUBLICLY DISPLAY THROUGH THE SITES, AND POSTING CONTENT TO THIRD PARTY SITES

You may be able to submit comments, ideas, reviews, suggestions and other content (“User Content”) to the Sites and to post your User Content publicly on message boards, chat rooms, and other public areas (collectively, “Community Forums”).

Note that anything you post to a Community Forum is public. Information you choose to post or make available in the Community Forums may be viewed, collected and used by others. If you choose to voluntarily disclose User Content, the protections of this Privacy Policy will not cover your disclosure of that information or content. Think carefully before you post and use caution before disclosing any Personal Information.

The Opinist may publish User Content online or offline in any media or format (currently existing or later developed). Subject to applicable law, we may also publish your name, voice, likeness and other Personal Information with your User Content, and The Opinist may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms of Use.

Also, if you choose to “like” content on one of the Sites, to tweet from the Sites or to otherwise post information from or via the Sites to a third party web site, feature or application, that information may be public and the third party may have access to information about you and your use of our Sites.

7. YOUR PRIVACY RIGHTS 

Right to Know – You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, the categories of third parties with whom we share such information, and information about our sale or disclosure for business purposes of your Personal Information to third parties.

Right to Delete – You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Right to Correct – You have the right to request that we correct inaccurate Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct (and direct our service providers to correct) your Personal Information, unless an exception applies or we determine that our records are likely accurate.

Right to Non-Discrimination – You have the right to not be discriminated against for exercising any of these rights.

Right to Data Portability – You have the right to request that we provide a copy of the Personal Information we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. Once we receive your request and confirm your identity, we will provide to you a copy of your data as required under the applicable data protection laws. We may provide this data to you through your user account with us, or via email to the email address you have provided with your request.

If you would like to exercise one or more of the above rights, please contact us using the contact information provided at the end of this section. We may need you to provide additional information to verify your request, such as providing certain data elements so that we can confirm they match the Personal Information already maintained by us. We will not use this additional information for anything other than handling your request. You may designate an authorized agent to make a request in certain circumstances on your behalf. We will endeavor to respond to all such requests within forty-five (45) days, although there may be a brief delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If we require more time, we will inform you of the reason and extension period in writing.

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. The states listed above, provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Data portability.
• Opt-out of personal data processing for:
  
  • targeted advertising;
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects.
• Either limit (opt-out of) or require consent to process sensitive personal data.

Right to Appeal – If you make a request to exercise any of the above privacy rights and we are unable to comply with your request, you may request to appeal our decision. To appeal any data privacy request decision, please contact us here. If after you complete the appeal process with us, you are still unsatisfied with our response, you may contact your state Attorney General to file a complaint.

8. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, The Opinist does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. 

9. HOW WE RESPOND TO THE GLOBAL PRIVACY CONTROL (“GPC SIGNALS”)

We receive and process GPC Signals for requests to opt-out of sale or sharing. We process the commonly used and industry standard GPC Signals. Please note that this is developing technology, and providers may offer solutions that our Sites do not recognize. We will do our best to recognize, process, and honor a GPC Signal that meets the legal standards and is widely adopted in the industry.

10. DMCA

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our Sites and/or services infringe one of your copyrights, you may notify us in writing using the procedure described below. In order for us to process your notice of copyright infringement, it must be sent to our Designated Agent below. When we receive a notice under this procedure, we will use our best efforts to expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), written notification must be submitted to our Agent.

Notification of the claimed infringement must include the following:

1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted);
4. A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
5. Your name, address, telephone number, and e-mail address;
6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

11. CHANGING YOUR SUBSCRIPTIONS

You may cancel or modify your subscriptions to e-mails you have elected to receive from the Sites by following the instructions contained within an e-mail you receive. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites (for example, administrative and service announcements) and these transactional messages may be unaffected if you opt out from marketing communications. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any text messages received by replying “STOP.”

12. THIRD PARTY CONTENT, WIDGETS, AND LINKS TO THIRD PARTY SITES

The Sites may contain content that is hosted and served by third parties, which may include third party widgets (such as those that allow you to share content with third party web sites and online services). The Sites may also contain links to other third party web sites that The Opinist does not control. In addition, The Opinist widgets may be included on web pages and web sites that are not associated with us, and over which we have no control. These third parties may collect information about you through the use of their own cookies and web beacons, may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. The Opinist is not responsible for the privacy practices employed by any third party.

13. CHILDREN’S PRIVACY

The Sites are general audience web sites and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from an individual younger than the age of 13. If a parent, guardian or anyone else becomes aware of Personal Information that has been collected from the use of the Sites by an individual under the age of 13, please contact our customer service immediately.

14. CHANGES TO THE PRIVACY POLICY

The Opinist reserves the right to change this Privacy Policy at any time without notice to you. The revision date appearing on the first page of this Privacy Policy underneath the title will identify the date of the last update or revision. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, The Opinist will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time it was collected.

15. HOW CAN YOU CONTACT US?

If you would like to contact us for any reason concerning our privacy practices, or have further questions on the processing of your Personal Information, contact us at info@theopinist.com.