GREATAMERICANPHOTOCONTEST.COM PRIVACY POLICY
EFFECTIVE DATE: July 1, 2009
Great American Photo Contest, LLC ("Great American," "we" or "us") has created this
privacy policy (the "Privacy Policy") in order to disclose our information gathering
and dissemination practices. By visiting GreatAmericanPhotoContest.com (the "Website"),
you are accepting the practices described in this Privacy Policy. This Privacy Policy
covers our treatment of Personal Information (as defined below) that we collect
when you register at the website, enter any sweepstakes or contests that may be
available at the Website (collectively, "Promotions") and/or agree to receive e-mail
marketing from us. It is important that visitors are fully informed about the use
of their Personal Information. We believe in 100% permission-based marketing.
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 e-mail us at: unsubscribe@greatamericanphoto-contest.com.
Please be advised that where California residents opt-out from permitting their
Personal Information to be shared, such individuals may still receive selected offers
directly from us, in accordance with the law.
PERSONAL INFORMATION WE COLLECT FROM YOU:
By registering with Great American users also provide permission to receive marketing
offers, and allow us and our affiliates to make their personally identifiable information
available to third parties in accordance with the terms of this Privacy Policy.
Further, when you register with Great American, you acknowledge that you want to
receive third party offers from Great American, and authorize us to share your personal
information with third parties who may send to you by email offers for products
or services in which you may have an interest. While on the Website, we may collect
"Personal Information" from you. For the purposes of this Privacy Policy, Personal
Information shall mean individually identifiable information from or about an individual
including, but not limited to: (a) a first and last name; (b) mailing or physical
address, including street name and name of city or town; (c) an e-mail address;
(d) a telephone number; and/or (e) any other information from or about an individual
that is combined with any of (a) through (d) above. To the extent that user credit
card-specific information may be collected by us in the future, said information
will be kept in confidence and will not be shared with any third parties (other
than consumer credit agencies or third parties in order to process a purchase of
goods and/or services) without the user's prior informed consent. Notwithstanding
the foregoing, we reserve the right to share with third parties the fact that we
have credit card information on file for specific users but we will not share the
specific credit card information with third parties without the user's prior informed
consent.
HOW WE USE YOUR PERSONAL INFORMATION:
We may sell the Personal Information that you supply to us to any third party in
accordance with applicable laws and regulations, and we may work with other businesses
to bring selected retail opportunities to our users. These businesses and third
parties may include, but are not limited to: (a) providers of the products and/or
services that you may register for on the Website; (b) providers of direct marketing
services and applications, including lookup and reference, data enhancement, suppression
and validation; (c) e-mail marketers; (d) telemarketers; and (e) other direct marketers
such as users of direct postal mail.The Company may use the Personal Information to directly market certain offers to you via e-mail marketing, telemarketing, direct mail, mobile telephone text messaging (including, without limitation, SMS and/or MMS) and other methods. We may also employ other companies and individuals
to perform certain functions on our behalf. Examples include sending direct and
electronic mail, removing duplicate information from user lists, analyzing data
and providing marketing analysis. The agents performing these limited functions
on our behalf shall have access to our users' Personal Information as needed to
perform their functions for us but we do not permit them to use your Personal Information
for other purposes. We will also use your Personal Information for customer service,
to provide you with information that you may request, to provide you with information
regarding new services or Promotions available at the Website, to customize your
experience on the Website and/or to contact you when necessary in connection with
transactions entered into by you on the Website. We may also use your Personal Information
for internal business purposes, such as analyzing and managing our business. We
may also combine the information we have gathered about you with information from
other sources. We may use third parties to help us operate our business and the
Website or to administer activities on our behalf. We also reserve the right to
release current or past user information in the event that: (i) we believe that
the user is using, or has used, our products, services and/or Website: (a) in violation
of the Terms and Conditions, this Privacy Policy or any other of our operating rules,
official contest rules, policies, price schedules and other supplemental terms and
conditions or documents that may be published by us from time to time; and/or (b)
to commit unlawful acts; (ii) if such information is subpoenaed; (iii) if we are
sold or acquired; (iv) or when we deem it necessary or appropriate including, without
limitation, sharing your e-mail address with third parties for suppression purposes
in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal
Trade Commission implementing regulations. Without limiting the generality of the
foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute
any and all personal information with/to any third party for any and all uses permitted
by this Privacy Policy and applicable law. In addition, by registering at the Website,
you agree that such act constitutes an inquiry and/or application for purposes of
the Amended Telemarketing Sales Rule (16 CFR ยค 310 et seq.), as amended from time
to time (the "ATSR") and applicable state do-not-call regulations. 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 retain the right to contact
you via telemarketing in accordance with the ATSR and the applicable state do-not-call
regulations. You may unsubscribe from any of our e-mail marketing programs at any
time. In every e-mail communication that we send, there is an unsubscribe hyperlink
that allows the recipient to unsubscribe from the specific marketing program by
simply clicking the hyperlink provided and following the instructions that follow.
We attempt to process all unsubscribe requests in a prompt fashion. However, after
unsubscribing, we cannot guarantee that you will never receive another mailing from
us, because we may obtain your e-mail address in the future through a different
e-mail marketing program that you have opted into. However, if you should ever receive
another e-mail communication from us, you will be able to remove your e-mail address
via the unsubscribe hyperlink contained in the subject e-mail message. We are able
to offer our services, in part, based upon the willingness of our users to be contacted
by our marketing partners, including affiliated third party advertisers. By allowing
us to make the information that you supply available to our marketing partners,
you will receive product and service information that may be of interest to you.
You may, at any time, notify us that you do not wish to have your Personal Information
disclosed to third parties for offers and Promotions by sending an e-mail to
unsubscribe@greatamericanphoto-contest.com.
By registering for our site, you are indicating that you have read and agree to this Privacy Policy and of its all terms and conditions, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used. You also agree to receive marketing promotions and other solicitations from this website, its advertising partners and/or other third party advertisers (collectively, "Website Sponsors") based on the information you provide on this website, and expressly agree to be contacted by this website and any such Website Sponsors through direct mail, phone, pre-recorded message, SMS text and/or email.
HOW WE USE DEMOGRAPHIC INFORMATION & AGGREGATE DATA:
We may use demographic information to tailor the Website to the interests of our
users. Demographic information is shared with third-party advertisers so that they
can tailor their advertisements to the appropriate audience. Demographic information
may also be shared with other third parties in accordance with the terms of this
Privacy Policy. We reserve the right to provide aggregate or group data about our
users for lawful purposes. Aggregate or group data is data that describes the demographics,
usage or characteristics of our participants as a group, without disclosing personally
identifiable information. By registering with us, you agree to allow us to provide
such aggregate data to third parties. By agreeing to the terms of this Privacy Policy,
you hereby consent to the disclosure of any record or communication to any third
party when we, in our sole discretion, determine the disclosure to be appropriate.
YOUR IP ADDRESS:
Each time that you visit the Website, our web server automatically recognizes your
IP address and the web page from which you came. Your IP address is used to help
identify you and to gather broad demographic information about you. We also use
your IP address to help diagnose problems with our servers, to administer the Website
and to better serve you in using the services and other features contained within
the Website.
COOKIES & ACTION TAGS:
When a user provides an e-mail address during registration at the Website, we assign
an identification number to that e-mail address and deploy a cookie to the applicable
user's PC. Whenever that user comes back to the Website using the same PC, the cookie
allows the Website to identify the user and to recall the user's e-mail address.
Other registration information provided by a user during registration (such as name,
address, etc.), may be stored along with the user's e-mail address, in our user
database. We may use the information stored in our database: (i) to effectuate the
purpose or transaction for which the information was originally provided by a user;
(ii) to pre-populate information fields in the event a user wishes to purchase products
and/or services or sign up for and/or subscribe to services, Promotions or other
offers in the future; (iii) to ensure that a user will not be repeatedly exposed
to the same advertisements, offers and/or Promotions while visiting the Website;
and/or (iv) to, in connection with regular communication with a user, include offers,
Promotions or advertisements that were historically, or are likely to be, of interest
to that user. We also use cookies to anonymously track and target the interests
of our users to further enhance the experience on the Website. To find out more
about cookies, including how to disable and/or remove cookies, please visit www.cookiecentral.com.
An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method
used to track responses or actions by visitors who view certain advertisements or
other information on the Website. Action tags are 1x1 pixel images embedded in a
website page that are used to transparently collect information. We may use action
tags to count the number of times that visitors click on a particular banner ad
or visit the pages of the Website and to provide information about what products
are viewed or purchased. We reserve the right to retain this cookie and action tag
data indefinitely. At no time will we share cookie-related, action-tag-related and/or
generated information or data with third parties.
THIRD-PARTY WEBSITES:
Please be aware that the Website may contain links to other websites on the Internet
that are owned and/or operated by third parties. Such websites have their own privacy
policies and data collection, use and disclosure practices. Please review each applicable
website's privacy policy. We do not endorse, nor are we responsible for, the accuracy
of the privacy polices and/or terms and conditions of each of the advertisers' and/or
third parties' websites accessible through this Website. The entities that advertise
and/or place banner ads on the Website are independent third parties and are not
affiliated with us. The information practices of those websites are not covered
by this Privacy Policy. These other websites may send their own cookies to users,
collect data or solicit Personal Information. Additionally, other companies that
place advertising on our Website may collect information about you when you view
or click on their advertising through the use of cookies. We cannot control this
collection of information. You should contact these advertisers directly if you
have any questions about their use of the information that they collect.
SECURITY:
We endeavor to safeguard and protect our users' information. When users submit information
at the Website, their information is protected both online and offline. The privacy
of your Personal Information is very important to us. When our registration process
asks users to submit sensitive information (such as credit card numbers), and when
we transmit such sensitive information, that information is encrypted and is protected
with SSL encryption software. While we use SSL encryption to protect sensitive information
online, we also protect user information offline. The servers that we store personally
identifiable information in are kept in a secure physical environment. We have security
measures in place to protect the loss, misuse and alteration of personal information
under our control. Please be advised that, although we take every reasonable precaution
available to protect your data, no data transmission over the Internet can be guaranteed
to be 100% secure. Therefore, we cannot warrant that your information will be absolutely
secure. Any transmission of data at or through our Website is at your own risk.
However, access to your information is strictly limited, and not accessible to the
public. All of our users' information, not just the sensitive information mentioned
above, is restricted in our offices. Only employees who need the 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 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.
MINORS:
Individuals under the age of eighteen (18) are not permitted to register for or
participate in any of the Promotions that we offer. No information should be submitted
to, or posted at the Website by individuals under the age of eighteen (18) without
the prior consent of their parent or guardian. Notwithstanding the foregoing, children
thirteen (13) years of age and younger are not permitted to access the Website and
we do not knowingly collect Personal Information from such children. We encourage
parents and guardians to spend time online with their children and to participate
and monitor the interactive activities of their children.
REMOVAL OF YOUR PERSONAL INFORMATION/OPTING OUT:
At your request, we will remove from our database Personal Information that you
have provided to us. You may do so by sending an e-mail to
unsubscribe@greatamericanphoto-contest.com. However, deleting your Personal
Information or otherwise opting-out of receipt of communications from us or third
parties will only change or delete the data in our database for purposes of transacting
future business on the Website and for managing future communications received from
us. These deletions will not change or delete Personal Information already collected
as part of a particular transaction in our database, which may have already been
shared with third parties, all as provided above in this Privacy Policy. You will
need to contact third parties who may contact you directly to change your preferences
or your Personal Information that they may be using to contact you.
We provide users with the option to opt-out from receiving information sent via
electronic mailings on behalf of third party advertisers. Users may unsubscribe
from receiving e-mails at any time by following the instructions contained at the
end of every e-mailing. Unsubscribe requests can only be processed if you have registered
with us in the first instance. If you have not registered with us and wish to opt
out of receiving e-mails from a particular sender, please consult that sender's
opt out policies or contact that sender.
Information sent on behalf of third party advertisers is prepared several days in
advance, so users may continue to receive e-mail from us for up to ten (10) days
following the receipt of an unsubscribe request. If, after that point, a user is
still receiving e-mail from us, the user should contact us at
customerservice@greatamericanphoto-contest.com.
YOUR ACCEPTANCE OF THESE TERMS:
By using the Website including, without limitation, registering for and entering
any Promotion, signing up for offers and/or continuing to receive information from
us, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion,
to change, modify, add and/or remove portions of this Privacy Policy at any time.
All Privacy Policy changes will take effect immediately upon their posting on the
Website. Please check this page periodically for changes. Your continued use of
the Website or acceptance of our e-mails following the posting of changes to these
terms will mean that you accept these changes and agree to continue receiving e-mail
from us. If you do not agree to the terms of this Privacy Policy, please unsubscribe
by clicking here.
CUSTOMER SERVICE:
If you have any questions about this Privacy Policy, our practices or your dealings
with the Website, please e-mail us at
info@greatamericanphoto-contest.com, or send a letter to Great American
Photo Contest, LLC, 24 W. Railroad Ave., #139, Tenafly, NJ 07670 or call 201-503-0610.