Talk Options Privacy Policy

Effective Date: Dec 13th, 2017

This Talk Options Privacy Policy (“Privacy Policy”) applies solely to information collected through the Talk Options Offerings including, but not limited to, the Talk Options website located at www.talkoptions.com (“Website”), as well as the web pages, interactive features, applications, Widgets, blogs and their respective contents and any other interactive content, including, but not limited to, content that links to the Website, in addition to Twitter, Facebook or other social networking sites, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Sites”). The Talk Options Offerings are offered by Talk Options LLC, and its parent, subsidiary and affiliated companies, Site developers and other promotional partners (collectively, “Talk Options,” “we,” “us” or “our”). This Privacy Policy explains what information may be collected through the Talk Options Offerings, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use in connection with our marketing communications and activities. Capitalized terms not defined herein shall have the meanings set forth in the Talk Options Terms of Use (“Terms”). Please read this Privacy Policy carefully. By using the Talk Options Offerings, you acknowledge that you have read, understood and agreed to the terms of this Privacy Policy in their entirety. In addition, please review our Terms of Use, which governs your use of the Talk Options Offerings and any content that you submit by and through same.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook®”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter®”). Please be advised that Talk Options is not in any way affiliated with Facebook or Twitter, and the Talk Options Offerings are not endorsed, administered or sponsored by Facebook or Twitter.

Your Acceptance of Our Privacy Statement

By using any of the Talk Options Offerings, you signify and acknowledge your acceptance of this Privacy Policy. If you do not agree with the manner in which we handle data as described in this Policy, you do not have permission to use any of the Talk Options Offerings.

Changes to This Privacy Statement

Talk Options reserves the right to change or update this Privacy Policy at any time by posting a notice on the Sites that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Talk Options will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your Personal Information in this different manner and we will only use your Personal Information in this different manner where you opt-in to such use.

Information We Collect

Information You Provide to Us. You can visit the Sites to read and learn about our Talk Options Offerings without telling us who you are and without revealing any personally identifiable information. However, to use certain features of the Talk Options Offerings, or to participate in any special programs, you may need to provide certain personal information, including information that could reasonably be used to contact you or to identify you personally (such as your name, date of birth, e-mail address, cellular telephone number, land line telephone number, credit card/bank account information, home address (“Personal Information“). For purposes of this Privacy Policy, credit card/bank account information shall be referred to as “Sensitive Information”

For example, Talk Options may collect Personal Information when you register on the Sites in order to gain access to the Talk Options Offerings, request access to the Widget, request information, submit comments or participate in sweepstakes, contests, games, special events, promotions, blogs and chats, and surveys or other features of the Sites, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. If you do not want your Personal Information collected, please do not submit it.

Blogs and Public Areas: Please remember that blogs and chat rooms are public areas on the Sites. Any information posted in these areas can be viewed by other Visitors or Internet users. You should not upload or post Personal Information in these public areas. Talk Options is not responsible or liable in any way for the Personal Information posted to or transmitted through these public areas; provided, however, that where you have posted Personal Information through one of these venues, and would like it removed, you may contact Talk Options and request removal.

Friend to Friend: Some features on the Sites may permit you to submit information about other people. For example, if you wish to invite your Friends to utilize the Talk Options Offerings offered on the Sites or forward particular Content from the Sites to your Friends, you will be asked to submit your Friends’ e-mail addresses and/or social media user names. We will use and store any such information or Personal Information that we collect from you about a Friend only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Friend separately consents to the use for such other purpose. Subject to the foregoing sentence, our use, sharing and protection of your Friends’ information will be subject to the terms of this Privacy Policy.

Information We Collect Automatically: Whenever you visit or interact with the Sites, Talk Options, as well as any third-party publishers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used (“Usage Information“). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the Sites and other Talk Options Offerings, such as how many Visitors visit a specific page on the Sites, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the Sites fresh and interesting to our Visitors and tailors content to a visitor’s interests. Usage Information is generally non-personally identifying, but if Talk Options associates it with you as a specific and identifiable person, Talk Options treats such Usage Information as Personal Information. Talk Options also automatically collects your IP address or other unique identifier (“Device Identifier“) for the computer, mobile device, technology or other device (collectively, “Device”) that you use to access the Talk Options Offerings. A Device Identifier is a number that is automatically assigned to your Device when you access the Talk Options Offerings or associated servers, and our computers identify your Device by its Device Identifier. The tracking technologies used on the Sites to collect Usage Information, including Device Identifiers, may include, without limitation, cookies.

Cookies: Cookies are data files placed on a Device when it is used to visit the Sites. Talk Options, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to tailor our communications with you, facilitate site navigation and to personalize your experience while visiting our Sites. To find out more about Cookies, please visit www.cookiecentral.com.

Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Sites and pages visited. In addition, cookies and other tracking technologies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Sites, and determine the correlation between Talk Options users and the sites they visit. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it, or set your browser to not accept any cookies, automatically. However, please be aware that some features of the Talk Options Offerings may not work properly because we may not be able to recognize and associate you with your Talk Options Account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

Pixel tags: A pixel tag is a transparent graphic image, sometimes called a web beacon, clear GIFs or tracking beacon, placed on a web page or in an e-mail, which indicates that a page or e-mail has been viewed. In addition, a pixel tag may tell your browser to get content from another server. In order to ensure the safekeeping of your information, network advertising companies and publishers are not permitted to directly collect Personal Information on our Sites.

Behavioral Tracking: Talk Options, and third party advertisers, use cookies and other tracking technology on the Sites that track Visitors’ activities after they leave the Sites. Talk Options and/or its third party advertisers, use(s) these cookies/tracking technologies to target the applicable Visitor with advertisements regarding the Talk Options Offerings and other products and/or services that might be of interest to the applicable Visitor. Visitors may be able to disable some or all of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To greatest the extent permissible under applicable law, Talk Options is not responsible for the tracking practices of third parties in connection with the Sites. If you would like to opt-out of this tracking activity, you can e-mail us at: optout@talkoptions.com.

How We Use the Information We Collect

Talk Options uses the information we collect about and from you for a variety of business purposes, including for example: (a) to respond to your questions and requests such as requests for product information, alerts, and brochures; (b) to advise you of important safety-related information; (c) to enable you to participate in promotional activities, or other Talk Options Offerings; (d) to provide you with access to certain Talk Options Offerings and other features of the Sites; (e) to verify your identity; (f) to communicate with you about your Account and activities in connection with the Talk Options Offerings; (f) to notify you about any changes to this Privacy Policy, or any other part of the Agreement; (g) to tailor the content, advertisements and offers that we serve you; (h) to improve the Talk Options Offerings and/or Sites; (i) to process applications and transactions; (j) for internal business purposes; and (k) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.

By submitting your Personal Information by and through the Talk Options Offerings, 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 retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

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 calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Talk Options Offerings, and your consent simply allows Talk Options to contact you via these means.

Sharing of Information

Except as provided in this Privacy Policy, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties, in our sole discretion. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:

Third Parties Providing Services On Our Behalf: In order to carry out your requests, to make various Talk Options Offerings and other features, services and materials available to you through the Sites, and to respond to your inquiries, we may share your Personal Information, or Usage Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: (a) host or operate our Sites; (b) analyze data; (c) provide customer service; (d) sponsor or administer our Talk Options Offerings; or (e) provide marketing assistance.

Advertising Partners: If you choose to obtain a product, services or other offering from one of our third party advertisers, your Personal Information may also be shared with that advertiser and may be used by that advertiser if you indicate your interest in receiving communications directly from that entity. If you elect to receive communications from one of our third party advertisers, your information will be used by that entity in accordance with its policies, and this Privacy Policy will not apply to that entity’s use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Talk Options Offering include information on how we may use the Personal Information that you provide to us through your use of that Talk Options Offering. If there is a conflict between the rules, terms and conditions that apply to a particular Program and this Privacy Policy, those applying to the particular Program will govern. Please review all of the information about a Talk Options Offering before you provide us with any Personal Information in connection with same.

Your Agreement to Have Your Personal Information Shared: You may have the opportunity to opt-in to receive information and/or marketing offers from a third party or to otherwise consent to the sharing of your information with a third party when utilizing the Talk Options Offerings. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

Business Transfers: Your Personal Information may also be used by us or shared with our subsidiaries, affiliates and other entities in the family of companies controlled by or under common control with Talk Options for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If we merge with another entity, or if another entity acquires us or all or substantially all of our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Legal Disclosure: Talk Options may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address) to third parties: (a) to comply with a legal obligation; (b) when we believe in good faith that the law requires it; (c) at the request of governmental authorities conducting an investigation; (c) to verify or enforce our Terms of Use or other applicable policies; (d) to respond to an emergency; or (e) otherwise to protect the rights, property, safety, or security of the Talk Options Offerings, Talk Options, third parties, Visitors or the public, as determined by us in our sole discretion.

Information We Receive From Third Parties

Talk Options may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from Talk Options, that website may forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third-party application or feature (such as one of our Facebook® or Twitter® applications or a similar application or feature on a third-party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information.

In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third-party website or interactive service. We may also supplement the information we collect about you through the Talk Options Offerings with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Talk Options Offerings. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: optout@talkoptions.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Talk Options Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Talk Options Offerings-related and/or inquiry response-related messages from Talk Options, you must cease requesting and/or utilizing the Talk Options Offerings and/or cease submitting inquiries to Talk Options, as applicable.

Your Choices and Access to Your Information

At your request, we will: (a) inform you of what Personal Information we have on file for you; (b) amend the Personal Information that we have on file for you; and/or (c) remove Personal Information that you have provided to us, or that we have collected. You may do so by calling at: 1-585-749-2015; or mailing your request to: Talk Options, 4300 Sharon Road, #505, Charlotte, NC 28211. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, 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 may terminate your access to certain of the Talk Options Offerings. If you wish to continue using the full complement of Talk Options Offerings, you may not be able to delete all of the Personal Information that we have on file for you.

Please be further advised that, after you delete your Personal Information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Children’s Privacy

Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Information to Talk Options. Talk Options does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Talk Options encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Security of Your Information

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). Where our registration/application process prompts users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted and is protected with encryption software that complies with the encryption requirements established by the PCI Data Security Standard (PCI DSS), such as advanced TLS (Transport Layer Security).

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. All of our users’ Personal Information is restricted in our offices, as well as the offices of our third party service providers. 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. 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 or via wireless networks 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, other Daily Draft Star™ Offerings, or otherwise via the Internet or wireless network, is done at your own risk.

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.

Beware of Phishing Scams: There have been increases in the number of fsuspicious e-mails claiming that the e-mail recipient has won a lottery or other promotion. In order to claim the prize, the e-mail asks that Personal Information be sent to a Hotmail™ or Yahoo™ e-mail address. This type of e-mail solicitation is known commonly as a “phishing” scam, with the primary objective being to obtain one’s Personal Information. This information can then be utilized to steal a person’s identity. For example, a “Talk Options Lottery” phishing scam is sent from Chinese (.cn), German (.de) or British (.co.uk) addresses, but can originate from anywhere and look very official even to the savviest of Internet users.

Talk Options will never ask you to send passwords, login names, Social Security Numbers, or other Personal Information through e-mail or U.S. mail, fax or text message. If you receive an e-mail or letter by U.S. mail, fax or text message purportedly from Talk Options asking you to update your information, do not respond: this is a phishing scam. Recipients of suspicious e-mails like this should delete the message from their inbox and, if possible, update their e-mail filter settings to block e-mails from the e-mail address being used. The Federal Trade Commission and the Antiphishing Workgroup are also good sources of information about these types of security threats and how they may be reported to the authorities.

Link to Other Websites

The Sites, and other Talk Options Offerings, include links to third-party websites. Such third party websites do not adhere to the terms and conditions of our Privacy Policy, and may place their own cookies on your Device. We do not control cookies or web beacons that may be placed on your Device by third parties whose advertising or links appear on our Sites. These websites may have their own privacy and information security policy and terms and conditions. Visitors should consult the other websites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

How to Contact Us

To contact us about this Privacy Policy or our privacy practices in general, please call us at: 1-585-749-2015; or mail your inquiry to: Talk Options, 4300 Sharon Road, #505, Charlotte, NC 28211.