Privacy

PRIVACY POLICY AND TERMS OF SERVICE

Last Updated February 21, 2022

This Privacy Policy and Terms of Service (“Policy”) describes the privacy practices for the websites and mobile applications (individually and collectively the “site” or “sites” or “services”) operated by Start Spangled Media LLC and its affiliates (“Star Spangled Media,” “we,” “our,” “us”) and applies to the personal information that we collect and use related to consumers and users of the sites. This Policy explains how your information may be collected, used, and shared when you use the sites. This Policy also governs your access to and use of the sites.   

By accessing and using the sites, you agree to the practices and terms of service described in this Policy and to the updates to the Policy that may be made and posted here from time to time. If you violate any of the terms contained herein, your authorization to use the sites may be automatically terminated.

PERSONAL INFORMATION WE COLLECT

We may collect information about you when you use the sites, including but not limited to your name, username, password, email address, postal address, residential address, phone number, mobile phone number, payment information, gender, birth date, demographic information, geo-location information, data held on social media platforms and other software, usage information and preferences, online identifiers, user generated content and submissions, and information you provide or post on the sites or allow us to access, such as photos, videos, audio, and communications and opinions in chat rooms, message boards, forums, surveys, polls, and online forms.  

Additionally, the sites may automatically collect certain information about you, including your IP address, the date and time of your visit to or use of the sites, domain server information, the type of computer, web browser, search engine, operating system, or platform used, data identifying websites visited prior to accessing the sites, and your activity within the sites. We also may collect additional information about you from third parties.

HOW WE USE PERSONAL INFORMATION

We may use your personal information:

  • To provide the sites and related promotions and information;
  • To respond to your inquiries and provide you with the requested information and other communications related to the sites;
  • For marketing and advertising purposes, including sending you promotional communications on our behalf and on behalf of our marketing partners and other third parties;
  • To deliver personalized advertising and content;
  • To comply with applicable laws and regulations and to respond to lawful requests;
  • To monitor traffic to and use of the sites;
  • To maintain and improve the sites, perform business analysis, and other internal purposes to improve the quality of the sites, resolve technical issues, maintain and improve security, and to develop other products and services;
  • To evaluate or conduct a merger, dissolution, restructuring, reorganization, divestiture or other sale or transfer of some or all of our assets; and
  • For any other purpose disclosed to you at the time we collect your information.

We may transfer, sale, or otherwise disclose your personal information to other parties, including affiliates, service providers, and third parties with whom we have a business relationship, and as otherwise authorized by you or your agents.  

COOKIES

We and our affiliates, service providers, and third parties may use tracking technologies, including but not limited to so-called Flash and browser “cookies,” to monitor and analyze your usage of and interactions with the sites, customize the sites to your explicit and inferred preferences, and to tailor advertising and other communications to you. 

To modify your browser settings regarding cookies you can visit the Help portion of your browser’s toolbar. If you decline cookies, you may not be able to sign in, customize, or use some of the features of the sites and the advertisements and other communications you receive may not be as relevant to you. To learn more about Flash cookies, please visit the Adobe website and make changes at the Global Privacy Settings Panel. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

THIRD PARTY LINKS

The sites may contain links to other websites, applications, or services that are not owned or controlled by us, including links to and features facilitating the sharing of information on social media platforms. This Policy applies only to information collected and your use of the sites and not to your use of third party websites, applications, or services. We are not responsible for the privacy and security practices of third party websites, applications, or other services, including social media platforms. You should refer to their privacy policies and terms of use to determine their respective privacy practices. For convenience, Facebook’s data privacy policy can be found here: https://www.facebook.com/policy.php

SECURITY

We use commercially reasonable security procedures and safeguards to help protect the confidentiality of your personal information. Internet communications, including data stored or maintained by us or our affiliates, service providers, or third parties, however, cannot be guaranteed to be secure. We do not promise or guarantee that your personal information or communications will always remain secure or private. We do not and cannot guarantee that your personal information will not be accessed and misused by third parties. If you believe that your personal information has been accessed or acquired in an unauthorized fashion in connection with your use of the sites, please contact us immediately.

AGGREGATED INFORMATION

We may aggregate and de-identify your personal information collected in connection with your use of the sites and use such aggregated and de-identified data for any lawful purpose, including for research and marketing purposes, and may share such data with affiliates, third parties, and our service providers, including advertisers, promotional partners, and other third parties.

DELETING YOUR PERSONAL INFORMATION

We will comply with any verified request to access, correct, or delete your personal information as required by applicable laws and regulations. To make such a request, please contact us as provided below.

CALIFORNIA RESIDENTS

California residents have the right to request that we disclose certain information to them about our collection and use of their personal information. Once we receive and confirm your verifiable consumer request (see Exercising California Privacy Rights, below), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  1. Deletion Requests: California residents have the right to request that we delete any of your personal information that we collect unless an exception applies. Once we receive and confirm a verifiable request, we will delete your personal information from our records, unless an exception applies.
  2. Opting Out of the Sale of Personal Information: California residents have the right to opt out of any sale of your information to a third party. If we receive and confirm such a request, we will not sale the requestor’s personal information unless an exception applies.
  3. Disclosures/Shine the Light: California residents have the right to request that we disclose certain information to them about our collection and use of their personal information, including the categories of personal information we share with affiliates and third parties for marketing purposes and to provide contact information for such affiliates and third parties. If we receive and confirm such a request, we will disclose the legally-required information to you.
  4. Exercising California Privacy Rights: To exercise these rights, please submit a verifiable consumer request by email or mail to the addresses provided below. A verifiable consumer request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. A verifiable consumer request must also provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
  5. Responses: We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Nondiscrimination

We will not discriminate against you for exercising your California privacy rights. 

CHILDREN’S ONLINE PRIVACY

By using the sites, you represent that you are at least 13 years old.  

We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted personal information without verifiable parental consent, we will promptly delete the information.  

If you have reason to believe that a child under the age of 13 has provided personal information, please contact us at the addresses provided below with sufficient detail to enable us to delete that information.

RIGHTS OF THIRD PARTIES

This Policy does not create rights enforceable by third parties.

PROPRIETARY RIGHTS 

Our sites and content are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the materials may violate such laws. 

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes on their rights under U.S. copyright law. If you believe in good faith that materials on our sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements. Notices may be provided by certified mail to our DMCA Administrator at 90 State Street, Suite 700, Office 40, Albany, NY 12207. 

DISCLAIMER OF WARRANTIES

We do not make any express or implied warranties, representations, or endorsements whatsoever with regard to the sites or related information. The sites may include inadvertent inaccuracies or errors. Additionally, the possibility exists that a third party could make unauthorized alterations to content or features. Although we attempt to ensure the integrity of the sites, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location, as well as information sufficient to enable us to contact you.

LIMITATION OF LIABILITY

Neither we nor any of our affiliates, members, managers, directors, officers, employees or consultants are responsible or liable for any damages of any kind arising out of or relating in any way to your use of the sites and/or materials contained on the sites, any linked site or any content or service available through the sites. Your sole remedy for dissatisfaction with the site, content services, or any linked site is to stop your use of it.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless and our members, managers, directors, officers, employees, and consultants, from and against any claim or demand (including reasonable attorney fees) arising from: (a) your activities in connection with your use of the sites; (b) any violation of these terms and conditions by you; and, (c) any allegation that any submissions or other materials you submit to us or transmit to us infringe or otherwise violate the copyright, trademark trade secret, or other intellectual property or other rights of any third party.

SUBMISSIONS OF CONTENT AND TAKE-DOWN POLICY

The sites may allow you to submit content and materials (“submissions”). By posting or submitting content or materials, you agree to the following terms and conditions:

  • Submissions may not restrict or inhibit any other user from using and enjoying the sites.
  • Submissions may not contain a virus or other harmful components.
  • Submissions may not contain material that violates, plagiarizes, or infringes any person or entity’s rights, including, but not limited to any copyright or the rights of privacy and publicity as those rights are defined under applicable law.
  • Submissions may not include the posting of materials protected by copyright law, regardless of whether the work has been registered or not, without the express written permission form the holder of those rights.
  • Submissions may not contain the brand names, trademarks, trade dress, logos, seals, or other representations that may be associated with a specific organization or individual, without the express written permission of the party or parties having rights and titles to such materials.
  • Submissions may not contain images, photos, or works of art that are not owned entirely by the submitting party.
  • No images of children will be posted unless appropriate licenses have been obtained from the children’s parents or other guardians.
  • Submissions may not contain information, content, statements, or representations that are threatening, abusive, inflammatory, dangerous, inappropriate, indecent, obscene, offensive vulgar, pornographic, profane, sexually explicit, tortious, injurious, defamatory, or libelous.
  • Submissions may not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, sexual identity, or age, or constitutes or encourages conduct that would be a criminal offense, give rise to civil liability or otherwise violate law.
  • Submissions may not contain material that is unlawful.
  • Submissions may be used by us in whole or in part for any purpose whatsoever without any compensation and the transfer to us of all rights in the submission includes a grant to us of the exclusive, irrevocable right and license to exhibit, broadcast, rebroadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, transmit, record, publicly perform, create derivative works of, distribute and otherwise use submitted content in any manner, and by any means, in perpetuity.
  • We reserve the right to remove or refuse to post any content, including links, in whole or in part for violations of this policy or because the content has been deemed unrelated to the postings or discussion taking place. Content may be removed and reviewed at our discretion, and only in the event that content is found to be consistent with these terms and conditions will such content be reposted. We do not and cannot review all materials posted by users, and we are not responsible for any such materials posted by users. If you observe any content or material on the sites that appears to conflict with any of the above requirements, please contact us.

CHANGES

We may amend this Policy at our discretion and at any time. To make sure that you are informed of all changes to this Policy, you should check back here periodically. Your continued use of the sites following the posting of changes to the Policy constitutes your acceptance of such changes where permitted by applicable law.

CONTACT INFORMATION

If you have any questions regarding this Policy or the ways in which we collect and use your personal information, you may contact us as follows:

  • Email: [email protected]
  • Write us at 90 State Street, Suite 700, Office 40, Albany, NY 12207, Attn: Star Spangled Media LLC Privacy Officer.