Effective from 18th Oct, 2024
THIRD-PARTY SERVICES
Third-Party Properties and Promotions
Company Properties may contain links to third-party websites and applications ("Third-Party Properties") or display advertisements and promotions for third parties ("Third-Party Promotions"). The Company does not provide, own, or control any products or services available through Third-Party Promotions. When you click on a link to a Third-Party Property or Third-Party Promotion, you may leave the Company Properties. These Third-Party Properties and Promotions are not under the Company's control. The Company is not responsible for the accuracy, timeliness, or completeness of any content on Third-Party Properties or Promotions. The Company provides these links for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding them or the products/services they offer. You access Third-Party Properties and Promotions at your own risk. Once you leave the Company Properties, the terms and policies of the Third-Party Properties will govern your activities. You should review their terms and policies, including privacy and data collection practices, before proceeding with any transaction with third parties.
Advertising Revenue
The Company reserves the right to display Third-Party Promotions in conjunction with User Content on Company Properties. You acknowledge and agree that the Company has no obligation to share any revenue received from such advertising with you.
DISCLAIMER OF WARRANTIES AND CONDITIONS
AS IS
You acknowledge and agree that your use of Company Properties is at your own risk and that they are provided on an "as is" and "as available" basis, with all faults. The Company, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Company Parties") expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.
The Company Parties make no warranty, representation, or condition that: (1) Company Properties will meet your requirements; (2) your use of Company Properties will be uninterrupted, timely, secure, or error-free; or (3) the results that may be obtained from the use of Company Properties will be accurate or reliable.
Any content downloaded from or otherwise accessed through Company Properties is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access Company Properties, or any other loss that results from accessing such content.
No advice or information, whether oral or written, obtained from the Company or through Company Properties will create any warranty not expressly made herein.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES
You acknowledge and agree that the Company Parties are not liable, and you agree not to seek to hold the Company Parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
LIMITATION OF LIABILITY
Disclaimer of Certain Damages
You acknowledge and agree that under no circumstances shall Company Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, loss of profits, revenue, or data, or any other damages or costs, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages. This includes damages or costs arising from: (1) your use or inability to use Company Properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained or messages received for transactions entered into through Company Properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Company Properties; or (5) any other matter related to Company Properties.
Cap on Liability
In no event shall Company Parties be liable to you for more than the greater of (a) one hundred dollars or (b) the remedy or penalty imposed by the statute under which such claim arises. This limitation on liability shall not apply to liability of a Company Party for (i) death or personal injury caused by a Company Party’s negligence or (ii) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.
User Content
The Company assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings, including your content and user content.
Basis of the Bargain
You acknowledge and agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Company respects the intellectual property rights of others and requires that users of Company Properties do the same. If you believe that your work has been copied and posted on Company Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work that you claim has been infringed;
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A description of the location on Company Properties of the material that you claim is infringing;
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Your address, telephone number, and email address;
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A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is as follows:
6 RAFFLES QUAY #14-06 SINGAPORE (048580)
REMEDIES
Violations
If the Company becomes aware of any possible violations by you of the Agreement, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company may disclose any information or materials on or in Company Properties, including Your Content, to comply with applicable laws, legal processes, governmental requests, enforce the Agreement, respond to any claims that Your Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property, or personal safety of the Company, its Registered Users, or the public.
Breach
If the Company determines that you have breached any portion of the Agreement or demonstrated conduct inappropriate for Company Properties, the Company may warn you via email, delete any of Your Content, discontinue your registration or subscription to any Services, block your access to the Company Properties and your account, notify and/or send content to the proper law enforcement authorities, and pursue any other action deemed appropriate by the Company.
TERM AND TERMINATION
Term
The Agreement will become effective on the date you accept it and will remain in effect as long as you use Company Properties, unless terminated earlier in accordance with the terms of the Agreement.
Prior Use
You acknowledge and agree that the Agreement commenced on the date you first used Company Properties and will remain in effect while you use any Company Properties, unless terminated earlier in accordance with the Agreement.
Termination of Services by Company
The Company reserves the right to terminate the Agreement, including your right to use the Website, Application, and Services at any time, with or without notice, including if the Company determines that you are in breach of the Agreement.
Termination of Services by You
If you want to terminate one or more of the Services provided by the Company, you may do so by notifying the Company at any time and discontinuing your use of the Service(s).
Effect of Termination
Termination of any Service also includes the removal of access to the Service(s) and barring of further use of the Service(s). Upon termination of any Service, your right to use such Service will immediately terminate. Any termination of Services may involve the deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Virtual Credits and Your Content. All provisions of the Agreement which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
INTERNATIONAL USERS
Company Properties are controlled and offered by the Company from its facilities in Singapore. If you access or use Company Properties from outside Singapore, you do so at your own risk and are responsible for compliance with local laws.
DISPUTE RESOLUTION
Please carefully read the following arbitration agreement in this section ("Arbitration Agreement"). It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us.
Class Action Waiver
You and the Company agree that any dispute, claim, or request for relief shall be resolved solely on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate the claims of more than one person, nor preside over any form of a representative or class proceeding. If this provision is found to be unenforceable, the entirety of this Dispute Resolution section shall be null and void.
Modification of Arbitration Agreement with Notice
The Company reserves the right to modify this Arbitration Agreement at any time, with notice to you. If the Company makes material changes to this Arbitration Agreement, you may terminate this Agreement within 30 days of receiving the notice. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to apply.
Authority of Arbitrator
The arbitrator appointed to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement shall have exclusive authority to determine the scope and enforceability of this Agreement. The arbitration proceeding shall be limited to the resolution of the rights and liabilities of you and the Company and shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of the decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have, and the award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial
YOU AND THE COMPANY AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and the Company agree to resolve any disputes, claims, or requests for relief through binding arbitration under this Arbitration Agreement, except as specified in the section titled "Applicability of this Arbitration Agreement" above. An arbitrator can award on an individual basis the same damages and relief as a court, but there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief
Any disputes, claims, or requests for relief within the scope of this Arbitration Agreement must be resolved through individual arbitration and may not proceed as a class or collective action. Only individual relief is available, and claims of more than one customer or user may not be consolidated or arbitrated together with those of any other customer or user. In the event that a court determines that the limitations outlined in this section are unenforceable with respect to a particular dispute, claim, or request for relief, that aspect will be severed from the arbitration and brought before the state or federal courts located in the State of Colorado. All other disputes, claims, or requests for relief will be resolved through arbitration.
30-Day Right to Opt-Out
You have the option to opt-out of the provisions of this Arbitration Agreement by submitting a written notice of your decision to [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, Company username (if applicable), email address where you receive Company emails or that you used to create your Account (if you have one), and an explicit statement that you wish to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no impact on any other arbitration agreements that you may have currently or in the future with us.
Severability
Except for the section titled "Waiver of Class or Other Non-Individualized Relief" above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then that specific part or parts will have no effect and will be severed, and the remaining portions of the Arbitration Agreement will remain in full force and effect.
Survival of Agreement
This Arbitration Agreement will remain in effect even after the termination of your relationship with the Company.
Modification
Notwithstanding any other provision in this Agreement, if the Company makes any significant changes to this Arbitration Agreement in the future, you have the right to reject the change within 30 days of the change becoming effective. To do so, you must notify the Company in writing at 6 RAFFLES QUAY #14-06 SINGAPORE(048580).
ADDITIONAL TERMS
Electronic Communications
You agree that all communications between you and the Company, including notices, agreements, and disclosures, may be provided to you electronically. You further acknowledge that such electronic communications satisfy any legal requirements that would require the communications to be in writing.
Assignment
You may not transfer or assign any of your rights or obligations under this Agreement without the prior written consent of the Company. Any attempt to do so without consent shall be deemed null and void.
Force Majeure
The Company shall not be held liable for any delays or failures in performance caused by events outside of its reasonable control, such as acts of God, war, terrorism, civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Choice of Language
The parties expressly agree that this Agreement and all related documents have been written in English. Les parties conviennent expressément que cette convention et tous les documents qui y sont liés soient rédigés en anglais.
Notice
You are responsible for providing the Company with your most current email address. In the event that the email address you provided is not valid or capable of delivering required or permitted notices, the Company's dispatch of such notice via email shall be deemed effective. You may give notice to the Company at the address specified in this Agreement.
Waiver
A failure or waiver of any provision of this Agreement shall not be deemed a waiver of any other provision or such provision on any other occasion.
Severability
If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be construed in a manner that reflects the original intention of the parties.
Entire Agreement
This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and understandings between the parties.
HOW WE SHARE YOUR PERSONAL INFORMATION:
We do not share your personal information with third parties without your consent, except in the following circumstances and as otherwise described in this Privacy Policy:
Affiliates. We may share your personal information with our subsidiaries and affiliates for purposes consistent with this Privacy Policy.
Service providers:
We may share your personal information with third-party companies and individuals that provide services on our behalf, such as customer support, hosting, analytics, email delivery, marketing, and database management services. These third parties may use your personal information only as directed by us and in accordance with this Privacy Policy. They are prohibited from using or disclosing your information for any other purpose.
Advertising Partners:
We may share your personal information with third-party advertising partners that we work with or enable to collect information directly via our Services using cookies and similar technologies. These partners may collect information about your activity on our Services and other online services to serve you advertisements, including interest-based advertising, and use hashed customer lists that we share with them to deliver ads to similar users on their platforms.
Sweepstakes and Joint Marketing Partners:
We may share your personal information with other partners in order to provide you with content and other features through our Services, and such partners may send you promotional materials or otherwise contact you regarding products and services that they offer. When you choose to enter a contest or sign up for a sweepstakes, we may share the personal information you provide as part of the offer with the named co-sponsors or other third parties affiliated with such offer.
Third-Party Platforms and Social Media Networks:
If you have enabled features or functionality that connect our Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third-party, providing your API key or similar access token for the Services to a third-party, or otherwise linking your account with the Services to a third-party’s services), we may disclose the personal information that you authorized us to share. However, we do not control the third party’s use of your personal information.
Other Users of the Services and the Public:
We may provide functionality that enables you to disclose personal information to other users of our Services or the public. For instance, you may be able to maintain a user profile with information about yourself or your use of the Services that you can make available to other users or the public. You may also be able to submit content to the Services, such as comments, questions, stories, reviews, surveys, blogs, photos, and videos, and we will identify you by displaying information such as your name, username, social media handle, or a link to your user profile along with the content you submit. However, we do not control how other users or third parties use any personal information that you make available to other users or the public.
Professional Advisors:
We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
Compliance, Fraud Prevention, and Safety: We may share your personal information for compliance, fraud prevention, and safety purposes as described above.
Business Transfers:
We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction, such as a corporate divestiture, merger, consolidation, acquisition, joint venture, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
YOUR CHOICES
Access or Update Your Information. Depending on the type of account you have registered for, you may be able to access and update certain personal information in your account profile by logging into your account. Some accounts may allow you to control certain privacy settings on the Services through your user preferences.
Opt-out of marketing communications. You can opt-out of marketing-related emails by following the instructions provided at the bottom of the email, or by contacting us at [email protected]. However, you may continue to receive service-related and other non-marketing emails.
Cookies & Browser Web Storage. We may permit service providers and other third parties to use cookies and similar technologies to track your browsing activity across the Services and other third-party websites over time. Most browsers allow you to reject or remove cookies. However, if you disable cookies on some of our Services, certain features may not work properly. For example, disabling cookies may prevent us from tracking the points you have earned from our quizzes or trivia games. Similarly, your browser settings may allow you to clear your browser web storage.
Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Services may participate in organizations or programs that provide opt-out mechanisms for individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.
Users may opt-out of receiving targeted advertising on websites through members of the Network Advertising Initiative or the Digital Advertising Alliance. Users of our mobile applications may opt-out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app and selecting their preferences. However, please note that some companies that serve online behavioral advertising may not participate in the opt-out mechanisms provided by the above organizations or programs.
Do Not Track. Some Internet browsers may send “Do Not Track” signals to online services. However, we do not currently respond to “Do Not Track” signals. For more information about “Do Not Track,” please visit http://www.allaboutdnt.com.
Choosing not to share your personal information. If we are required by law to collect your personal information or we need your personal information to provide the Services to you, and you choose not to provide us with this information, we may not be able to provide you with our services. We will notify you of any information that you must provide in order to receive the Services at the time of collection or through other means.
Third-party platforms or social media networks. If you choose to connect to the Services through a third-party platform or social media network, you may be able to limit the information that we obtain from the third-party at the time you log in to the Services using the third-party’s authentication service. Additionally, you may be able to control your settings through the third-party’s platform or service. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.
OTHER SITES, MOBILE APPLICATIONS, AND SERVICES
The Services may contain links to third-party websites, mobile applications, products, or other services. Please note that these links do not represent our endorsement of, or affiliation with any third-party. Additionally, our content may be featured on web pages, mobile applications, or online services that are not associated with us. As we do not have control over third-party websites, mobile applications, or online services, we cannot take responsibility for their actions. It is important to note that other websites, mobile applications, and services may have different policies for collecting, using, and sharing your personal information. We encourage you to carefully review the privacy policies of any other websites, mobile applications, or services that you use.
SECURITY PRACTICES
We take the security of your personal information very seriously and have implemented a variety of organizational, technical, and physical measures to protect your data. Despite our efforts, it is important to note that all internet and information technologies carry some inherent risk, and we cannot guarantee the complete security of your personal information.
INTERNATIONAL DATA TRANSFERS
Our headquarters are based in the Singapore, and we work with service providers in other countries. As a result, your personal information may be transferred to Singapore or other locations outside of your state, province, or country. It is important to note that privacy laws in these locations may not be as protective as those in your state, province, or country.
CHILDREN
Our Services are not intended for individuals under the age of 16, and we do not knowingly collect personal information from anyone under the age of 16. If we become aware that we have inadvertently collected personal information from an individual under the age of 16, we will take reasonable steps to delete the information as soon as possible. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us using the information provided below, and we will take reasonable steps to delete the information as soon as possible.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our website or mobile application. We may also notify you of material changes in another way that we believe is reasonably likely to reach you, such as via email or other communication channels. Your continued use of our Services following the posting of any changes to this Privacy Policy constitutes your acceptance of those changes.
CONTACTING US
If you have any questions or concerns about this Privacy Policy, or if you would like to exercise any of your rights under this Privacy Policy or applicable law, please contact us at [email protected] or by postal mail at the following address:
6 RAFFLES QUAY #14-06 SINGAPORE(048580)
This section pertains exclusively to residents of California and outlines how we gather, employ, and distribute Personal Information of California residents in the course of operating our business, as well as the rights they have with respect to that Personal Information. In the context of this section, “Personal Information” has the meaning ascribed to it in the California Consumer Privacy Act of 2018 (“CCPA”), but does not cover data that is excluded from the scope of the CCPA.
Your privacy rights as a California resident. As a California resident, you possess the rights specified below concerning your Personal Information. However, these rights are not absolute, and in certain circumstances, we may decline your request as permitted by law.
Access. As a California resident, you have the right to request information about the Personal Information that we have collected and used in the past 12 months. This includes:
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The categories of Personal Information that we have collected.
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The categories of sources from which we collected Personal Information.
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The business or commercial purpose for collecting and/or selling Personal Information.
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The categories of third parties with whom we share Personal Information.
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Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
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Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
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A copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can request that we delete the Personal Information that we have collected from you.
Opt-out of sales. If we sell your Personal Information, you can opt-out of such sales. Furthermore, if you direct us not to sell your Personal Information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
Opt-in. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
Nondiscrimination. You have the right to exercise the above-mentioned rights without experiencing discrimination. This means that we cannot legally increase the price of our Service or decrease its quality if you choose to exercise your rights.
To exercise your privacy rights, you may follow the steps outlined below:
Access and Deletion: You may request access to and deletion of your Personal Information by sending the email to [email protected]. Please include “CCPA Consumer Request” in the subject line of your email.
Opt-Out of Sale: If you do not want your Personal Information to be sold, you may opt-out by clicking on the “Do Not Sell My Personal Information” link. You can exercise this opt-out by toggling the button next to “Sale of Personal Data” and clicking the “Confirm My Choices” button at the bottom of the opt-out screen.
Please note that we may need to verify your identity before processing your request, which may require you to provide additional information. We will respond to your request within the timeframe required by law.
We reserve the right to verify your California residency to process your requests and will need to confirm your identity in order to process your requests to exercise your access or deletion rights. This is a necessary security measure to ensure that we do not disclose information to an unauthorized individual. In accordance with California law, you may designate an authorized agent to make a request on your behalf. If you choose to do so, we may require identification from both the requester and the authorized agent, as well as any other necessary information to verify your request, including valid permission for the authorized agent to act on your behalf. If we do not receive sufficient information to understand and respond to your request, we may be unable to process it.
We will not charge a fee to access your Personal Information or to exercise any of your other rights. However, if your request is clearly unfounded, repetitive, or excessive, we may charge a reasonable fee or refuse to comply with your request.
We aim to respond to all legitimate requests within 45 days of receiving them. In some cases, if your request is particularly complex or if you have submitted multiple requests, it may take longer than 45 days to respond. If this is the case, we will notify you and keep you informed about the status of your request.
The following chart provides a summary of our collection, use, and sharing practices with respect to Personal Information, categorized according to the CCPA. This information pertains to the 12 months preceding the date this Privacy Policy became effective. The categories in the chart correspond to the categories defined in the general section of this Privacy Policy.
The following chart provides a summary of the personal information (PI) that we collect, as defined under the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy:
Category of Personal Information (PI)
PI We Collect
Identifiers
Contact information, your content, profile information, registration information, feedback or correspondence, contest or giveaway information, usage information, marketing information, social media platform data, referral information
Commercial Information
Registration information, contest or giveaway information, usage information, marketing information
Online Identifiers
Usage information, marketing information, social media platform data, device data, online activity data and other information collected by automated means
Internet or Network Information
Device data, online activity data and other information collected by automated means
Inferences
May be derived from: your responses, contest or giveaway information, demographic information, usage information, marketing information, device data, online activity data and other information collected by automated means
Professional or Employment Information
Your responses
Protected Classification Characteristics
Your responses, demographic information, may also be revealed in other information we collect, such as profile information or your content
Education Information
Your responses
Sensory Information
Content you choose to upload to the Services
If you are looking for information regarding the sources, purposes, and third parties with whom we share your Personal Information, please refer to the sections titled “Personal Information We Collect,” “How We Use Your Personal Information,” and “How We Share Your Personal Information,” respectively. We may share certain categories of Personal Information, which are outlined in the table above, with companies that assist us in marketing or advertising to you, such as our Advertising Partners, Sweepstakes and Joint Marketing Partners, Third-Party Platforms, and Social Media Networks. For more details on our data sharing practices, please see the relevant sections of this Privacy Policy. Note that some of the Personal Information we share with these entities may be considered a “sale” under California law.
The following categories of personal information may be collected by us:
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Identifiers
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Commercial information
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Online identifiers
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Internet or network information
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Inferences
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Other information that you provide to us, including information included in your responses or demographic information.
For more information about these categories of personal information, please refer to the table above and the “Personal Information We Collect” section in our Privacy Policy.