Effective as of March 1, 2015
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please contact us at: [email protected] or telephone us at: 801-642-0234.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please contact us at: [email protected] or telephone us at: 801-642-0234. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Informed Consent to Be Contacted by Telephone
By registering on the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we (and the Schools) retain the right to contact you via telemarketing (where you supply your telephone number to us) in accordance with the Rule and applicable state do-not-call regulations.
In addition, where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice and pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. You understand and agree that this consent applies even if your telephone number is a wireless number. You further acknowledge and agree that you are not required to consent to the above stated terms to gain access to the DMS Offerings.
Collection of Personal Information
Collection of Anonymous Information and Cookies
If you do not provide us any of your Personal Information, we are limited in the information that we may collect from you. For example, we may be able to determine your IP address when you access the Site for the purposes of administering the DMS Offerings and tracking DMS Offerings usage. However, your IP address may vary each time you visit the Site or it may remain the same depending on the type of Internet connection you are using or the location from which you access the Site. We may also collect information about the websites that directed you to the Site after you clicked on a text or banner link or an ad from another website, or the day and time you visited the Site and how long you spent on the Site. We aggregate such information to help us to compile reports as to trends and other behavior about users of the DMS Offerings; however, such information is anonymous and cannot be tied directly to you.
We may also use “cookies” to enhance your experience with the DMS Offerings and to provide you with personalized offers. A cookie is a small data file placed on your computer’s hard drive that contains information that allows us to track your activity in connection with the DMS Offerings. To find out more about Cookies, please visit www.cookiecentral.com. The cookie itself does not contain any personal information; however, if you provide us any personal information, the cookie may act as an identifier to tie your personal information to your IP address or computer. The Site’s cookies cannot be used to read data from your hard drive and cannot retrieve information from any other cookies created by other websites. Additionally, our cookies cannot be used as a virus, Trojan horse, worm or any other malicious tool that could impair your use of your computer. You may choose to delete cookies from your computer’s hard drive at any time, or to disable cookies on your computer, by following the instructions associated with your Internet browser. If you delete cookies that relate to the Site, we may not be able to identify you upon your return to the Site. Additionally, if you disable your computer’s cookies, you may not be able to access certain features of the DMS Offerings that require that cookies be enabled. We reserve the right to retain cookie data indefinitely.
We reserve the right to transfer and/or sell the aforementioned anonymous, aggregate and/or group data about our users for lawful purposes.
DMS and Third Party Behavioral Tracking/Do Not Track
We also share Site usage information with third parties interested in running targeted promotional campaigns on the Site. For this purpose, we and our advertisers track some of the pages that you visit on the Site through the use of pixel tags (also called clear gifs).
Additionally, we may use third-party advertising companies to serve advertisements when you visit the Site. These advertising companies may use information about your visits to the Site and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://networkadvertising.org. Google, as a third-party advertising provider, uses a cookie known as the “DART cookie” to serve ads. Google’s and DoubleClick’s use of the DART cookie enables them to serve ads to you based on your visit to the Site and other websites on the Internet. You may opt out of the use of the DART cookie by visiting these advertising privacy policies.
In addition, if you select the “Do Not Track” or similar option within the following Internet browsers Internet Explorer, Google Chrome, Mozilla Firefox, Safari, we will not track your Site usage.
Information Sharing, Use and Disclosure
The personal information that you submit to DMS remains your property, but by submitting your personal information to DMS, you grant us the right to use your personal information for marketing purposes including, but not limited to, generally sharing such information with and/or selling such information to third parties for marketing purposes, including any business which is a subsidiary of, or under common ownership or control with, DMS (collectively, “Affiliates”) and advertising partners. Additionally, we may sell and/or license your personal information to third-party businesses. These businesses may include, but are not limited to, educational institutions and direct marketing providers including, but not limited to, lookup and reference, data enhancement, suppression and validation, email marketing, and telemarketing.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your personal information for internal business purposes, such as analyzing and managing the DMS Offerings.
Sharing Your Information with Our Service Providers
We hire third party service providers to execute specific functions on our behalf. Examples include conducting marketing campaigns via email, direct mail, telemarketing, SMS text-messaging, removing duplicate information from customer lists, analyzing data and providing marketing analysis. While performing these services, our service providers may have access to your personal information as needed to complete their functions for us.
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure.
Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
If at any time you would like to stop receiving marketing messages from any of our Affiliates or other third party that we have already shared your personal information with, please contact the applicable Affiliate or third party directly and ask it to remove you from its marketing campaigns, visit its website for complete details as to how you may unsubscribe from its campaigns or follow the instructions in each marketing message received from the Affiliate or third party, as applicable.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your use of any DMS Offerings and to respond to any inquiry or request made by you. To opt-out of receiving DMS Offerings-related and inquiry response-related messages from DMS, you must cease utilizing the DMS Offerings and submitting inquiries to DMS, as applicable.
Deleting and Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: [email protected]; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information will terminate your access to some or all of the DMS Offerings. If you wish to continue using the DMS Offerings, you may not delete the personal information that we have on file for you.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. DMS does not knowingly solicit or collect information from visitors under eighteen (18) years of age. DMS encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Privacy on Third-Party Websites
Digital Media Solutions, LLC
28100 US Hwy 19, Suite 204
Clearwater, FL 33761
Filing a Complaint
To file a complaint regarding our privacy practices, please Click Here.