Last Updated and Effective as of: February 1, 2022
Information We Collect Directly From You
We may collect information, including Personally Identifiable Information, when you provide such information to us directly, such as when you send us an email, participate in one of our events or otherwise interact with us on the Website or through our Services. Your provision of your Personally Identifiable Information to us is completely voluntary. “Personally Identifiable Information” is information that specifically identifies you. We do not collect Personally Identifiable Information unless you submit that information to us. Categories of Personally Identifiable Information we collect directly from you include identity data (e.g., name or other similar identifiers), and contact data (e.g. address, email address, telephone number). We may also collect other information that you directly provide us including marketing and communications data (e.g. your preferences in receiving marketing from us).
Information We Collect Automatically
Spray Marketing, our service providers or our third party partners may also automatically collect information from you when you visit our Website and use our Services through cookies and other tracking technologies. Such information does not directly identify you as an individual and may include:
Cookies and Similar Technology
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Website and our Services.
How We Use Your Information
We use Personally Identifiable Information and other information as described herein including for the following purposes: to contact you about and provide you and our Client with our Services, to personalize your experience with us including by presenting products or offers tailored to you, to respond to your direct inquiries, to add you to our mailing lists and send you emails from time to time, for any additional purposes that you specifically consent to including with respect to any experiential or offline events.
Non-Personally Identifiable Information
As noted above, we may collect information that is not Personally Identifiable Information (“Non-Personally Identifiable Information”). We may aggregate or de-identify Personally Identifiable Information so that the information does not personally identify you or anyone else, such as by using Personally Identifiable Information to calculate the percentage of our customers who live in a particular area. Because Non-Personally Identifiable Information, including aggregate or de-identified information, does not personally identify you, we may collect, use and disclose Non-Personally Identifiable Information for any purpose permitted by law and subject to the section titled “California Consumer Notice”. In some instances, we may combine Non-Personally Identifiable Information with Personally Identifiable Information. If we combine any Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated by us as Personally Identifiable Information.
How We Share Your Information
Besides using your Personally Identifiable Information ourselves, we may send your Personally Identifiable Information and other information to other companies, affiliates and third parties in the following instances: Event Advertisers. We may collect your Personally Identifiable Information at experiential and other offline events that we administer or participate in on behalf of Event Advertisers. In those instances, we will share such information with the Event Advertisers to provide them with our Services. Service Providers. We may share your Personally Identifiable Information with third parties who may use your information to provide us services such as website hosting, data analysis, infrastructure provision, information technology services, customer service, e-mail delivery services, auditing, and anti-fraud monitoring. These third parties may have access to Personally Identifiable Information that is necessary to perform their functions. Legal Compliance and to Defend Our Rights. We may disclose Personally Identifiable Information and other information as we believe necessary or appropriate:
- under applicable law, including laws outside your country of residence;
- to comply with legal process;
- to respond to requests from public and government authorities including public and government authorities outside your country of residence;
- to enforce our terms and conditions;
- to protect our operations or those of any of our affiliates;
- to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
- to allow us to pursue available remedies or limit the damages that we may sustain.
We may share your Personally Identifiable Information and other information with third parties in connection with a corporate restructuring, acquisition or divestiture.
Aggregated or Non-Personally Identifiable Information
We may share aggregated information or Non-Personally Identifiable Information with unaffiliated third parties, such as business partners, manufacturers, distributors and retailers, in a form in which means the shared information will not contain nor be linked to any Personally Identifiable Information, to improve and enhance your experience using the Website and Services and for our market research activities. Please note that if you specifically consent to additional uses of your Personally Identifiable Information, we may use your Personally Identifiable Information in a manner consistent with that consent.
We may ourselves, or with third party vendors, use information we collect or vendor information to deliver targeted advertising to you when you visit other websites or use our Website or Services. Cookies, clickstream data, and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “behavioral advertising,” which enables us and our vendors to know your interests in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”
Interactive Tools on our Website and Services
Certain features on our Website or Services may give you an opportunity to interact with us and others. These may include review boards, blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive personal information (such as health or financial information) through these features. If you use these features, your personal information may remain on the Website or Services even after you cease use of the Website or Services.
The security of your information is very important to us. We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Spray Marketing, or information stored on the Website, our Services or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website or Services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personally Identifiable Information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.
We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website or Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Protection for Children
Our Website and Services are intended for ages 18 and over. We do not knowingly collect Personally Identifiable Information from minors. When we become aware that Personally Identifiable Information (or other information that is protected under applicable law) from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database. If you believe we might have any Personally Identifiable Information from or about a child under 13, please contact us at firstname.lastname@example.org.
Other Websites and Social Networking Services
As a convenience to you, we may provide links to third party websites, apps or services from within the Website or Services. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you navigate away from our Website or Services, you do so at your own risk. We encourage you to read the policies and terms of every website, app or service you visit. The Website or Services may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website or Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly. You should be aware that Personally Identifiable Information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your Personally Identifiable Information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at email@example.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Website or Services may no longer be available to you. The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. You can opt-out of targeted advertising from certain providers that participate in the Digital Advertising Alliance (DAA) program at https://www.aboutads.info/consumers. Other providers are members of the Network Advertising Initiative, and you can opt-out of interest-based advertising by those members by visiting https://optout.networkadvertising.org. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
For targeted advertisements delivered through mobile apps, you can install the DAA’s AppChoices app on your device to opt-out of targeted advertising by certain providers and can also select a system level advertising preference feature on your device (such as “Limit Ad Tracking” on Apple devices or “Opt-out of Interest-based ads” on Android devices).
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at https://www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Please note that, unless required by law, we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
Changes to policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time, provided that any such modifications will only be applied prospectively. Your continued use of the Website or Services following the posting of any changes to this policy means you accept such changes.
For questions or concerns relating to privacy, we can be contacted at: firstname.lastname@example.org.
Our Website is maintained in the United States of America. If you are located outside the U.S., by using the Website, you authorize the export of your information to the USA and its storage and use as specified in this policy.
California Consumer Notice
We collect information (some of which may also constitute Personally Identifiable Information) that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The California Consumer Privacy Act of 2018 (“CCPA”) refers to such information as “personal information.” If you are a California consumer, the CCPA provides you with specific rights regarding your personal information. This section describes the rights that California consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include
- information that is lawfully made available from federal, state or local government records,
- de-identified or aggregated data or
- information excluded from the scope of the CCPA.
To be clear the rights in this section are not intended to grant you additional rights, but just your rights under CCPA.
Information We Collect; How We Collect It;
In addition to the purposes set forth above, each of these categories of personal information may be collected and used:
- To fulfill or meet the reason you provided the information.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business.
- For internal research for technological development and demonstration and to improve, upgrade or enhance our Website and Services.
- For detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- In emergency situations to protect the personal safety of us, our users, or the public.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Spray Marketing’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Spray Marketing about our Website and Service users is among the assets transferred.
Sharing of Personal Information Spray Marketing may disclose your personal information to a third party for a business purpose.
The chart found above under Information We Collect; How We Collect It; How We Use It lists the categories of third parties with which we may share your personal information. The CCPA defines a “sale” as selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. We do not believe that we share your personal information in a manner that constitutes a sale. However to learn more about California consumers’ right to opt-out of sales under CCPA, please see Personal Information Sales Opt-Out and Opt-In Rights. In the preceding twelve (12) months, Spray Marketing has disclosed the following categories of personal information for a business purpose:
- Personal identifiers.
- Personal information covered by the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
- Commercial information.
- Internet or other similar network activity.
- Location data.
- Sensory data.
- Professional or employment-related information.
- Inferences drawn from other personal information.
See above under Information We Collect; How We Collect It; How We Use It for more information regarding each category.
Rights to Your Information, Right to Know About Personal Information Collected, Disclosed or Sold
As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:
- The categories of personal information we collected about you.
- The categories of sources from which the personal information is collected.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.
Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a request to us by contacting us at (888) SPOON-50 or by emailing email@example.com. Only you, or a person or business entity registered with the California Secretary of State that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.
Response Timing and Format
We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
Personal Information Sales Opt-Out and Opt-In Rights
The CCPA provides California consumers the right to direct businesses to not sell their personal information at any time (the "right to opt-out"). We do not sell your personal information, as we understand those terms to be defined under CCPA. However, to the extent that you believe we are selling your personal information, you may exercise the right to opt-out, by submitting an opt-out request by emailing firstname.lastname@example.org.
We will not discriminate against you for exercising any of your CCPA rights, including, but not limited to, by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California “Shine the Light” Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship,
- a list of the categories of personal information, as defined under Shine the Light, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and
- the names and addresses of all such third parties.
To request the above information, please contact us by email at email@example.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at firstname.lastname@example.org.