Smog-One.com Privacy Statement
Effective Date: October 7, 2013
Smog-One.com, Inc. (“Smog-One.com”) is committed to your privacy. This Privacy Statement describes the types of information collected from and about visitors to this website (the “Site”) and how Smog-One.com may use and share such information. By using the Site, you signify your consent to the Smog-One.com Privacy Statement. This Privacy Statement explains:
The kinds of information we collect;
How we use your information;
How we share your information;
How we protect your information;
Customer preferences and Opt-Out choices;
6. International Customer Privacy; and
We encourage you to refer to this Privacy Statement periodically so that you understand our current privacy policies.
1. Information We Collect
We, or a third party service provider acting on our behalf (“Service Provider”), may collect personal information from you when you register with the Site; place an order on our Site; sign up for newsletters; participate in our offers and programs including sweepstakes, contests, and surveys; or otherwise contact us. This personal information may include your name, email address, zip code, gender, date of birth, ethnicity, income level, education level, marital status, primary language spoken in the home and, if you are making a purchase, financial account information (e.g., credit card, debit card or bank account information).
Third-Party Cookies and Web Beacons
We may also use third party advertisements placed by ad networks to support our Site and promotional messages. Some of these advertisers and ad networks may use your zip code or geographic location and technology such as cookies or web beacons when they advertise on our Site. These advertisers and ad networks may collect and use the non-personal information described aboveto provide you with relevant advertisements based on your online behavior, activities on our Site and other third party sites, interactions with our email, demographic information, or information relevant to your general location so that the advertising you see on our Site more closely reflects your interests. If you would like more information about this practice or to opt-out of this type of advertising, please click here. If you would like to disable web beacons used in our email, you should turn off or block “images” and/or HTML display in your email client.
You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu on your browser to learn how to change your cookie preferences.
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2. How We Use Your Information
We, or our Service Providers, may use the information that we collect from and about you to: (1) provide services, complete transactions, and communicate with Site visitors and customers; (2) develop new products or services and improve the user experience on the Site; (3) respond to your inquiries; (4) provide you with targeted offers and advertising on the Site; (5) contact you with information and promotional materials from our company and select business partners; (6) contact you when necessary; (7) review the usage and operations of our Site and services; (8) address problems with our Site, our business, or our products and services; and (9) protect the security or integrity of our Site and our business. We may also use your information as described to you at the point of collection, with your consent.
You may unsubscribe from promotional materials we send to you by selecting the “unsubscribe” link at the bottom of any newsletter, email, or other promotional material.
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3. How We Share Your Information
How We Share Your Information
We do not sell or rent your personally identifiable information to third parties except as described in this Privacy Statement. We may share the information we collect from and about you with respect to:
Third Parties so that they can market their products or services to you if you opt-in to subscribe to or participate in offers or promotions from these third parties;
Co-Branded Services. Some Smog-One.com services or promotions may be co-branded and offered in conjunction with another company. We share your information with marketing partners that participate with us in co-branded services and promotions, including with movie exhibitors;
Service Providers, if the disclosure will enable them to perform a business, professional, or technical support function for us;
Judicial Process, for purposes of providing information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise required by law;
Consensual Disclosures, as described to you at the point of collection and consented by you;
Order Fulfillment. To fulfill your purchase, we may share your contact information and financial account information with the movie exhibitor at which you are attending a screening and for which you are purchasing admissions, and with the provider of any other service or product from whom you are purchasing a service or product;
Non-Personally Identifiable (or Aggregate) Information. We may share anonymous or aggregate information about Site visitors and customers to advertisers and other third parties for other marketing and promotional purposes. We will not share any personally identifiable information unless you have provided us with your prior consent to disclose such information; and
Operation of Law. Smog-One.com may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected from and about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.
Links to Other Websites
This Site may contain links to third party websites. Smog-One.com is not responsible for the privacy practices or the content of such websites.
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4. How We Protect Your Information
Safeguards We Have Taken
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.
Protect Your Username and Password.
We recommend that you not share your Site username or password with anyone. Smog-One.com will never ask you for your username or password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of your Smog-One.com account and close your browser window when you have finished your session.
The Site and services are intended for general audiences and Smog-One.com does not knowingly collect any personal information from children under age 13. If you are under age 18 you should use Smog-One.com only with the involvement of a parent or guardian.
Your California Privacy Rights
For California residents: We may share your personal information with unaffiliated parties for their own direct marketing purposes. To request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, please send an e-mail to email@example.com.
Public Forums/Movie Reviews
This Site may contain message boards, user reviews, comment sections, and/or news groups available to its users. We request that you provide contact information, such as name, email, address, occupation, and interests as may be requested to be a registered bulletin board user, reviewer or commenter. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose personal information. If you voluntarily disclose personally identifiable information in a public area of the Site, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Smog-One.com does not control the actions of users in public areas of the Site. If you disclose personally identifiable information in a public area, you do so at your own risk.
5. Opt-Out, Remove, or Update Your Information
You may opt-out of, or choose not to receive, marketing communications from us and our partners at the point where we request your information.
You may choose not to receive future communications and no longer receive our service as well as remove your information from our database using the following methods:
Email. Users can send email to firstname.lastname@example.org
Website. Users can visit: http://smog-one.com/contact
Note: It may take up to 10 business days to process your request.
Updating Your Information
You may update or correct the information you previously provided to us using the following methods:
Email. Users can email the Privacy Office at email@example.com
Website. Users can visit: http://smog-one.com/contact/
6. International Customer Privacy
Safe Harbor Privacy Principles
Smog-One.com complies with the U.S. - E.U. Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries. We have certified to the U.S. Department of Commerce that that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Smog-One.com’s certification, please visit http://www.export.gov/safeharbor/.
Requesting a Copy of Your Information
You may request a copy of your personal information using the following contacts:
Email. Users can email the Privacy Office at firstname.lastname@example.org
ebsite. Users can visit: http://smog-one.com/contact
7. Additional Provisions
You also can engage with our content on or through third-party social networking sites, such as Facebook, Twitter or other third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information from your interaction with our content.
When you provide information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalize your online experience with us within and outside our applications or websites, and (3) contact you through the social networking sites or directly by sending you the latest news, special offerings, and rewards. By doing so, you consent to the use of this information in accordance with our Privacy Statement. When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.
Smog-One.com is committed to resolving any customer concerns regarding their privacy. If you feel that your privacy may have been violated, based on the Safe Harbor Principles, we will attempt to directly resolve the complaint. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules in Palm Beach County, Florida. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel. The costs of the chairman of the arbitration panel, or of a single arbitrator, shall be borne equally by the parties. Each party shall pay the costs of an arbitrator appointed by that party whenever a panel of arbitrators is engaged. Each party shall be responsible for their own attorneys’ fees and related expenses, unless the arbitrator(s) award recovery of such fees and expenses to the prevailing party.
Class Action Waiver
Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire paragraph (Class Action Waiver) is unenforceable.
Revisions to this Privacy Statement
Smog-One.com reserves the right to change this Privacy Statement at any time. When we do, we will post the change(s) on the Site. If we change the Privacy Statement in a material way, we will provide appropriate online notice to you.