Effective February 1, 2015 United States
Your privacy matters to Boomtown Network, Inc. (the “Company”, “we”, or “us”). This privacy policy and practice (this “Privacy Policy”) explains how we collect, use, share and protect information about you. We also provide information regarding how you can access and update your information and make certain choices about how your information is used. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Boomtown End User License Agreement.
This Privacy Policy covers both our “online” (e.g., web and mobile services, including any web sites operated by us such as www.goboomtown.com, Applications, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities relating to the Boomtown Services owned, operated, provided, or made available by the Company. The foregoing “online” and “offline” activities relating to the Boomtown Services are collectively referenced as the “Services.” This Privacy Policy also applies to your use of interactive features or downloads that: (i) we own or control; or (ii) are available through your use of the Services.
BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our Privacy Policy. If you do not agree to this Privacy Policy, do not use any of our Services or give us any of your information. In addition, please review our End User License Agreement, which may apply to your use of the Site and Application. This Privacy Policy is incorporated by reference into the applicable End User License Agreement.
If you have questions about this Privacy Policy, please contact us at privacy@goboomtown.com.
TABLE OF CONTENTS
Personal Information. We may ask you to provide us with certain categories of information including, without limitation, personal information which is information that could reasonably be used to identify you personally such as your name, e-mail address, and mobile number (“Personal Information”). We may collect this Personal Information through various forms and in various places through our provision of the Services including, without limitation, account registration forms, contact us forms, or when you otherwise interact with us.
When you sign up to use the Services, you create a user profile. The current required data fields are:
If you choose to upload a photo when registering for our Services, the photo may be viewable by us and by the Third Party Providers who are providing you the Third Party Services so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account.
In addition to any Personal Information or other information that you choose to submit to us, we may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include, without limitation, the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, the time of day, IT footprint, POS, merchant processor name, and ISP name and account number. We may use Usage Information for a variety of purposes including, without limitation, to enhance or otherwise improve the Services or to refer certain third party products and services to you. In addition, we collect your IP address or other unique identifier (“Device Identifier”) from your computer, mobile, or other devices used to access the Services (a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
In addition, tracking information is collected as you navigate through our Services including, without limitation, geographic areas. We may also have features that allow you to share this information with other people (such as your family, friends, or colleagues) if you choose.
A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):
Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built into or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.
If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you.
You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and such use and third party cookies are not covered by our Privacy Policy.
Boomtown does not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking cookies will not affect your online experience or prevent you from enjoying the full features offered by the Boomtown Application. Please consult the ‘Help’ section of your browser for more information.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage the content of our Services by informing us what content is effective, counting users of the Services, monitoring how users navigate the Services, counting how many e-mails that we send were actually opened, or counting how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ Personal Information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
If you choose to use our referral service to tell a friend about our Services or a job position, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend function through our Services, your e-mail address may be included in the communication sent to your friend.
Our Services are primarily provided through an application on your mobile, tablet computer, or similar device (“Application”). You agree that we may collect and use technical data and related information including, without limitation, technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to such Application.
When you use our Application, the Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”) including, without limitation:
We may use information automatically collected by the Application (including the Mobile Device Information) in the following ways:
With respect to geo-location data we track through your mobile device, we use that geo-location information for various purposes – including for you to be able to view the Third Party Providers in your area that are close to your location, for you to set your business’s location so the Third Party Providers are able to find the location where you require services, to send you promotions and offers, and to allow you (if you choose through any features we may provide) to share this information with other people. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to request services via Boomtown’s Application. You may at any time no longer allow our Application to use your location by turning this feature off at the mobile device level.
We also provide some of your Personal Information (such as your first name and your photo, if you have chosen to upload your photo to your profile) to the Third Party Provider who accepts your request for services so that the Third Party Provider may contact and find you.
We may associate your unique mobile Device Identifier or Application Usage Information with any Personal Information you provide, but we will treat the combined information as Personal Information.
Personal Information may also be collected and shared with third parties if there is content that you specifically and knowingly upload, share with or transmit to an email recipient, online community, website, or to the public through your use of the Application or the Site, e.g. uploaded photos, posted reviews or comments, or information about you that you choose to share with others through features which may be provided by our Services. This uploaded, shared, or transmitted content will also be subject to the privacy policy of the email, online community website, social media, or other platform to which you upload, share, or transmit the content.
If you wish to apply for a job on the Site, we will collect Personal Information such as your name, email address, and phone number, and may collect additional information such as your resume, gender, and ethnicity. We use the information collected within this area of the Site to determine your qualifications for the position in which you have applied and to contact you to set up an interview.
Our primary goal in collecting your Personal Information or Usage Information is to provide you with an enhanced experience when using the Services.
Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message, in accordance with your wishes.
We use your information to closely monitor which features of the Services are used the most, to allow you to view your service history, store your credit card information on a secure page, view any promotions we may currently be running, rate services, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources.
We use the information collected from our Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting, and, in some cases, for marketing purposes. The credit card information you provide in your personal profile at sign-up is not stored by us, but is stored and used by our third party credit card processors in order for them to process payment to third parties for services received by you.
We use your Internet Protocol (IP) address to help diagnose problems with our computer server and to administer the Site. Your IP address is used to help identify you, but contains no personal information about you.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
In addition, we may use your Personal Information or Usage Information: (i) to provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (ii) to process your registration with the Services, including verifying that your information is active and valid; (iii) to improve the Services or our other services, to customize your experience with the Services, or to serve you specific content that is most relevant to you; (iv) to enable you to participate in a variety of the Services’ features such as online or mobile entry sweepstakes, contests, or other promotions; (v) to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies; (vi) for internal business purposes; (vii) for inclusion in our data analytics; and (viii) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.
We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent, or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.
You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties; therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive information from them. 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.
We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as hosting the Services, designing and/or operating the Services’ features, tracking the Services’ analytics, processing payments, engaging in anti-fraud and security measures, providing customer support, providing geo-location information to our Third Party Providers, enabling us to send you special offers, hosting our job application form, performing technical services (e.g., without limitation, maintenance services, database management, web analytics, and improvement of the Services’ features), or performing other administrative services. We may provide these vendors with access to user information, including Personal Information. This information sharing is limited to the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Personal Information for any other purpose.
While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers. But, they may set and access their own cookies, web beacons, and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
We use a third party hosting provider who hosts the support section of the Site. Information collected within this section of the Site is governed by our Privacy Policy.
Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”) such as sponsors and charities, and may require you to disclose Personal Information to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies.
We may offer sweepstakes, contests, and other promotions (a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice, and/or likeness 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, 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.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer, and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable laws, regulations, subpoenas, governmental requests, or legal processes; (ii) to protect and/or defend the End User License Agreement for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property, or security of the Company, our Services, or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent, or otherwise address fraud, security, or technical issues; and/or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers, and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner, or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets, or other corporate change, including during the course of any due diligence process.
Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual’s web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than the Site. For example, if you have shown a preference for software while visiting the Site, you may be served an advertisement for software-related programs when you visit a site other than the Site. The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.
If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising publishers, please click here to access the NAI Opt-Out Page. Please note that this will opt you out of targeted ads from our Company and any other participating advertisers. If you opt-out, you may continue to receive online advertising from us; however, these ads may not be as relevant to you.
In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt-out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser’s security settings to validate whether scripting is active or disabled.
Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
The Services may offer publicly accessible blogs or community forums or other ways to permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including Personal Information (collectively, “User Content”). We or others may reproduce, publish, distribute, or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Content and may have the ability to share it with third parties across the Internet. You should be aware that any User Content you provide in these areas may be read, collected, and used by others who access them. Thus, please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that the Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others, or otherwise upload, whether through the Services or otherwise. We are not responsible for the accuracy, use, or misuse of any content or information that you disclose or receive through the Services.
To request removal of your User Content from our community, contact us through account@goboomtown.com. In some cases, we may not be able to remove your User Content, in which case we will let you know we are unable to do so and why.
We may also publish your name, voice, likeness, and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity, and promotional activities. For the full End User License Agreement regarding User Content you submit to the Services, please review our End User License Agreement.
The Services may contain Third Party Content and links to Third Party Websites and other Third Party Services that are provided by third parties including, without limitation, Third Party Providers, that we do not control, and such third party may collect web site usage information, your Device Identifier, and other information when web pages from any online or mobile Services are served to your browser. We may also make your Personal Information and other information that we collect or that are made accessible to us through your use or our provision of the Services accessible to a Third Party Provider whom you have contacted and/or requested to provide you with the Third Party Services. As part of your request for and the provision of the Third Party Services, you hereby give us permission to provide or make accessible your Personal Information and other information to the Third Party Provider. Once a third party collects your information or once we provide or make accessible your Personal Information and other information to Third Party Providers, such information will be governed by privacy policies and practices of such third parties. We encourage you to learn about the privacy policy and practices of those third parties. We are not responsible for the privacy policies and practices employed by any third parties including, without limitation, Third Party Providers. For example, if you click on a banner advertisement, the click may take you away from the Site onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties.
Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our online and mobile Services. These features may collect your IP address, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change within the Application or by contacting us through account@goboomtown.com. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through the Application.
We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with us is active and as needed to provide you with Boomtown Services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, service history, credit card information, and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
The Company cares about the safety of children. Because our Services are not directed toward minors, no one under 18 (and certainly no child under 13) is allowed to register with or use the Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at privacy@goboomtown.com.
The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls, and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geo-location information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication. Any information you transmit to the Company you do so at your own risk. We recommend that you not disclose your password to anyone.
From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’s practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out).
We have opted for this alternative approach, and we do not share personal information of customer’s information to third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such customer information.
If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed, and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States.