Effective Date: May 25, 2018
A. Information You Provide
We may collect information you provide directly via the Services, including certain Personal Information (defined below). We may ask you for some or all of the following types of information when you register with our Services, access various content or features, register for contests or sweepstakes, submit comments and other content, order products, or directly contact us with questions or feedback:
B. Information Automatically Collected
We also may collect certain information automatically when you use the Services (“Usage Information”), including:
Cookies, Pixel Tags, and Local Shared Objects
Cookies are small bits of information that are stored by your computer’s web browser. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products, services or features on the Services.
Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.
An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Services, and deleted or deactivated thereafter.
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods
There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. You can stop all collection of information via our mobile applications by uninstalling them. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.
For further information on tracking technologies and your choices regarding them, please see Section 7 below.
C. Information from Other Sources.
Megaphone processes Personal Information to: (i) deliver Services you request, (ii) when you provide your explicit consent, (iii) for our legitimate business interests such securing and protecting the integrity of our Services, and Service development; and (iv) as permitted to meet applicable legal requirements.
We may use information that we collect through the Services for a variety of purposes, including to:
We want you to understand when and with whom we may share the information we collect, including Personal Information. We may share information that we collect through the Services with third parties as follows:
Megaphone has worked with certain third-party social media providers to offer you their social networking services through our Services. For example, you can use third-party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
We advise you that our Services collect information, including Personal Information, for purposes of Online Behavioral Advertising. Accordingly, we adhere to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising (“DAA Principles”), and we require the advertisers and service providers that perform advertising-related services for us to similarly adhere to the DAA Principles. To learn more about how you can exercise certain choices regarding Online Behavioral Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.
More information about our specific Online Behavioral Advertising practices can be found at http://megaphone.fm/adchoices as well as from our partner, Exelate (A Nielsen Company), at http://www.nielsen.com/us/en/privacy-statement/digital-measurement.html#choices. You can opt out of certain Online Behavioral Practices at http://exelate.com/privacy/opt-in-opt-out/.
Please be aware that, even if you are able to opt out of certain kinds of Online Behavioral Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Megaphone is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
You may choose to receive promotional communications (including emails and text messages), newsletters, and similar communications from us. We will not sell, rent, swap or authorize any third party to use your email or text address for their own commercial purposes without your permission. You may opt out of receiving certain promotional communications from us at any time by (i) for promotional emails, by clicking on the opt-out or “unsubscribe” link included in the commercial e-mails you receive or e-mailing us at firstname.lastname@example.org; and (ii) for text messages, following the instructions provided in text messages from us to text the word “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. Opt-out requests for e-mail may take up to 10 business days to be effective. Your opt-out request will not apply to messages that you request or e-mails that are not commercial in nature.
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, Megaphone currently does not take action in response to these signals. For more information on “do-not-track,” visit http://www.allaboutdnt.com.
Pursuant to California’s “Shine The Light” law, California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year. You may request this disclosure information at email@example.com and indicate in the email subject line “California Shine The Light Request” so that we can process your request. Please include your mailing address, state of residence and email address with your request.
A. What information does Megaphone collect from children and for what purpose?
As a general matter, Megaphone’s Services are not directed to children under the age of 13 in the US or for children under the age of 16 in the European Union (EU). For those Services, Megaphone does not knowingly collect any Personal Information from children under the age of 13 in the US or under the age of 16 in the EU for Megaphone’s Child Services, including Pinna, Megaphone may collect information from users as follows:
B. Who is collecting or maintaining Personal Information from children?
The above information may be collected by Megaphone as well as third-party operators that provide analytics and other support for the internal operations of our Child Services.
C. Will any Personal Information be made public or shared with others?
We do not allow children to make their Personal Information publicly available.
We may share our users’ Personal Information with third-party vendors with whom we work to support the internal operations of our services.
To the extent permitted by law, we also may disclose a child’s Personal Information to protect the security or integrity of our Services, take precautions against liability, respond to judicial process, or provide information to law enforcement agencies or for an investigation on a matter related to public safety.
D. How can parents review, delete or stop the further collection of their children’s Personal Information?
At any time, parents can review or have deleted any of their children’s Personal Information or refuse to permit the further collection or use of their children’s Personal Information. To request any of the above, parents can contact us at the following email address, phone number or mailing address:
email: firstname.lastname@example.org | phone: 646-693-5823
Contact Person: Legal Department
1255 23rd St. NW
Washington DC, 20037
In any such request, please include the parent’s email address associated with the account. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any Personal Information.
We implement reasonable technical and organizational measures designed to protect your Personal Information against accidental or intentional destruction or loss, and unauthorized disclosure or access. You are responsible for maintaining the confidentiality of your account password and for any access to or use of the Services or Child Services using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
Your Personal Information is stored on our servers and on the servers of database management service providers that we have engaged which are located in the United States. We retain data for the duration of the relationship you have with us.
While we take various steps to ensure the accuracy and completeness of your Personal Information, we rely upon you to provide accurate and complete Information when interacting with us.
Under certain circumstances, and as required by applicable law you have the right to:
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances. In addition, there may be requests that we are unable to process because of other EU legal requirements. If a request is denied, we will notify you of the reason.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
If you are located in the EU, you have the right to lodge a complaint with an EU Supervisory Authority. However, if you have a complaint regarding the processing of your Personal Information we request that you first contact us and we will reply on timely basis.
Please be aware that the Personal Information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal data in the United States.
As it pertains to users of our Services located in the EU, the controller of your Personal Information is Megaphone, 15 MetroTech, 8th Floor, Brooklyn, NY 11201 USA.
email: email@example.com | phone: 646-693-5823
1255 23rd St. NW
Washington DC, 20037
Kaplan U.K. Limited
Attn: EEA GDPR Representative
Warwick Building, Kensington Village
London, England, W14 8HQ