3Play Media Privacy Policy

Last revised and effective as of: November 22, 2021

This Privacy Policy applies to information collected online and offline by 3Play Media Inc. (“3Play Media” “we” or “us” or “our”) through your use of the 3Play Media website at https://www.3playmedia.com/ and any subdomains thereof (the “Site”) and the services, features, and information available on the Site and/or any mobile applications we may offer (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, the “Service”). You may also provide information to us when you meet us in person, such as at business conferences or when you are involved in webinars or other networking activities we may host, co-host, sponsor, or attend (collectively, “Networking Activities”) and this Privacy Policy applies to such information as well. As used herein, “you” and “your” mean a user of the Service or an individual who engages in Networking Activities with us.

You should carefully read this Privacy Policy. To the extent that the Service is available to, or we collect information in connection with Networking Activities from, individuals located in the European Economic Area or the United Kingdom, this Privacy Policy sets out our practices and obligations under the General Data Protection Regulation 2016/679 (the “GDPR”), to the extent applicable. If an organization with which you are associated (an “Organization”) signs up to use our Service, we may receive personally identifiable information about you in connection with our provision of the Service to your Organization. To the extent we process (as defined below) that personally identifiable information solely in order to provide the Service to your Organization, under the GDPR, to the extent applicable, we will act as a processor (as defined in the GDPR) on behalf of your Organization in respect of that personally identifiable information; this Privacy Policy will not apply to the processing of that personally identifiable information and your Organization will act as a controller (as defined in the GDPR) in respect of that personally identifiable information and is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law. To the extent we process your personally identifiable information for any other lawful business purpose of ours, under the GDPR, to the extent applicable, we will act as a controller of such personally identifiable information and this Privacy Policy will apply to the processing of such personally identifiable information. For clarification but not limitation, information we process for our lawful business or commercial purposes, such as for product development or sales and marketing, is not processed solely on behalf of your Organization.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within 3Play Media or among our affiliates within the United States or internationally.

This Privacy Policy serves to notify you of the following:


1. WHAT INFORMATION ABOUT ME IS COLLECTED?

Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information.

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, company, job title, e-mail address, telephone number, IP address, device identification, account name(s), records of Service purchased (for billing and account management), country, audio recordings of customer calls, audio and visual recordings of webinars, any feedback you submit to us through the Site or Service (including through a survey conducted by us or on our behalf), any other information you choose to share with us (such as through webforms), any information submitted by you through the Site as part of a job application form, and the contents of any source materials you upload onto the Service. Additionally, our Outside Contractor (as defined below) that is responsible for billing and payment processing services (the “Payment Services Provider”) may collect your billing and credit card information from you directly. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the GDPR. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the GDPR (to the extent applicable).

You may make available to us special categories of personal data in the contents of any source materials you upload onto the Service. By agreeing to this Privacy Policy, you explicitly consent to the processing of any such special categories of personal data. “Special categories of personal data” consist of personal data for the purposes of and as defined in the GDPR which is to be treated with particular sensitivity, and includes information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data, data concerning health or data concerning a person’s sex life or sexual orientation.

To the extent the contents of any source materials you upload onto the Service includes personally identifiable information relating to any person other than yourself, you represent, warrant, and covenant that: (i) you have (and will have) provided any notice and obtained all consents and rights required by applicable law to enable us to lawfully process such personally identifiable information as permitted by this Privacy Policy; (ii) you have (and will have) full right and authority to make such personally identifiable information available to us; and (iii) our processing of such personally identifiable information in accordance with this Privacy Policy will not infringe upon or violate any applicable laws or any rights of any third party.

Non-Personally Identifiable Information.

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, user agent (including browser types), behavioral usage analytics, unique device identifiers, device types, application specific identifiers, information about computer hardware and software (such as computer type and screen resolution), requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, web page analytics, usage information, and statistical data involving the use of the Site and/or Service, such as web page activity, links clicked, and videos watched. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.

2. WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We will collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties, including Industry Partners, the Payments Services Provider, and third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service. And, we may directly collect personally identifiable information about you that is publicly available from sources such as LinkedIn and other publicly available websites, and we may combine such information with other information we have about you.

Registering to Use the Service and in the Course of Using the Service.

You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, address, e-mail address, telephone number, and account name(s), and including credit card and billing information submitted directly to the Payment Services Provider. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service.

Cookies and Action Tags.

We may collect information passively using “cookies” and “action tags.”

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), to allow us to statistically monitor how you are using the Service to help us improve our offerings, or to determine the popularity of certain content.

In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to provide analytics services. In the course of providing such services, such third-party service providers could place or recognize unique cookies on your browser.

You do not have to accept cookies to use the Service. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience.

For the avoidance of doubt, the Service may use third-party service platforms (including to help analyze how users use the Service). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable “third-party” cookies, you may be able to turn them off by going to the third party’s website.

Here are links to the main third-party platforms we use:

https://www.google.com/policies/privacy/

https://legal.hubspot.com/cookie-policy

https://aws.amazon.com/privacy/?nc1=f_pr

https://www.barracuda.com/company/legal/trust-center/data-privacy/privacy-policy

https://amplitude.com/privacy#cookies

https://www.appcues.com/cookie-policy

https://www.linkedin.com/legal/cookie-policy

https://www.demandbase.com/cookies/

https://help.hotjar.com/hc/en-us/articles/115011789248-Hotjar-Cookies

“Action tags,” also known as pixels, web beacons, or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including e-mail sent on our behalf, may contain action tags.

By using cookies and action tags together, we are able to gain valuable information to improve the Service, track when e-mails have been opened and which links in an e-mail have been clicked, and measure the effectiveness of our marketing campaigns. We may also combine information collected from cookies to information that you may provide, such as information provided in a form that you complete. Information collected from cookies (including cookies placed by third-party vendors, such as Google and its partners) may be used to deliver advertisements to Site visitors when such visitors are visiting other websites, including Facebook and LinkedIn. You may opt out of a third-party vendor’s use of cookies for personalized advertising by visiting www.aboutads.info. Finally, you should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.

Log Files.

We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.

Public Areas.

The Service may feature various community areas, chat functionality, profile pages, blogs, message boards, and other public forums (the “Public Areas”) where Service users with similar interests can share information or where members can post questions for others to answer. These Public Areas are open to the public and should not be considered private. We cannot prevent information included within a Public Area from being used in a manner inconsistent with this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.

Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, MSN, and Bing. If you mistakenly post personally identifiable information in a Public Area you can send us an e-mail to request that we remove it by contacting us at privacy@3playmedia.com. You should understand that in some cases, we may not be able to remove your information.

3. IS INFORMATION SUBMITTED TO THE PUBLIC AREAS OF THE SERVICE PRIVATE?

No. Any information shared in the Public Areas of the Service is available to the public, including to all users. Such information is not protected or treated as confidential, can be used in any manner, and is not subject to this Privacy Policy. If you wish to keep any information private or proprietary, do not submit it to the Public Areas of the Service. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.

4. DOES 3PLAY MEDIA COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.

5. WHAT DOES 3PLAY MEDIA DO WITH THE INFORMATION IT COLLECTS?

We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the GDPR, legal bases for our processing your personally identifiable information may include (without limitation):

  • (a) where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;
  • (b) where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);
  • (c) where it is necessary for us to comply with a legal obligation to which we are subject; and/or
  • (d) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing or marketing the Service, engaging in Networking Activities, preventing fraud, or ensuring information and network security, and your interests or fundamental rights and freedoms do not override those legitimate interests.

We use the information collected to provide the Service to you and process your transactions, to fulfill your request (such as to download whitepapers) and to communicate with you about your requests, to engage in Networking Activities, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to develop new products and services, to customize the content you see, to contact you for customer service and billing purposes, to infer whether you are a good candidate for our products and services, and, unless you ‘opt out’ (to the extent permitted by applicable law), so that we and third parties acting on our behalf can contact you about products and services that may be of interest to you and contact you via surveys about your opinion of current services or of potential new services.

We may use your information to send you a welcoming e-mail that may confirm your user name and password. Unless you ‘opt out’ (to the extent permitted by applicable law), we and third parties acting on our behalf may subsequently send you electronic newsletters, contact you about the Service, Networking Activities, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send to you. You may also inform us by e-mail to: privacy@3playmedia.com or by visiting our opt-out page.

If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.

We may also use the information collected to send announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.

We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.

 

6. WHEN DOES 3PLAY MEDIA DISCLOSE INFORMATION TO THIRD PARTIES?

We generally disclose information we gather from you through the Service or in connection with Networking Activities to the following types of third parties and as otherwise set forth in this Privacy Policy or as specifically authorized by you.

Industry Partners.

We may share your information with our trusted partners (“Industry Partners”) who work on our behalf or with whom we collaborate. These partners may use your information to communicate with you directly, including for their own marketing purposes, or help us communicate with you. In particular, we may share your information, including your name, company, job title, telephone number, e-mail, and/or country, with our Industry Partners with whom we co-host or jointly sponsor marketing initiatives and events, such as webinars, downloadable content, conferences or Networking Activities, who may communicate with you directly, including for their own marketing purposes.

Laws and Legal Rights.

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.

Third Parties Generally.

We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include providers of analytics services (including vendors, analytics services providers, and website tracking services), affiliates and other actual or potential commercial partners, and other similar parties.

Ad Management Providers and Ad Networks.

We may work with third parties to manage our advertising on third-party websites, including serving or tracking advertisements relating to the Service. We may also work with third-party ad networks who may target advertisements to you based on your information. The privacy policies of those third parties will govern your interactions with those third-party websites or ad networks. These ad networks may make inferences based on this information in order to provide targeted ads. They may collect and aggregate information about you or make inferences based on your information to serve targeted ads to you. Many ad networks have joined the Digital Advertising Alliance’s self-regulatory program to provide a single opt-out available at https://youradchoices.com/. The European Interactive Digital Advertising Alliance (EDAA) provides a similar opt-out available at https://youronlinechoices.eu/.

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, including the Payment Services Provider, and developing applications for the Service, and related to our Networking Activities. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personally identifiable information. Please note in particular that the Service uses Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.

Sale of Business.

We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of 3Play Media or any of its Corporate Affiliates (as defined below), or that portion of 3Play Media or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in 3Play Media, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.

Affiliates.

We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with 3Play Media, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.

Our Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third-party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.

8. IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?

We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

9. COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?

Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Service and submitting such information on it, or by engaging in Networking Activities with us you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to the 3Play Media to: (a) process and disclose such information (including special categories of personal data) in accordance with this Privacy Policy; (b) transfer such information (including special categories of personal data) throughout the world, including to the United States or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission, each, an “Inadequate Jurisdiction”) and/or countries that may not have laws of general applicability regulating the use and transfer of such information; and (c) disclose such information (including special categories of personal data) to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. To the extent required by applicable law: whenever we transfer your personal data (as defined in the GDPR) to third parties (as described in this Privacy Policy) located in an Inadequate Jurisdiction, we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission which give personal data the same protection it has in the European Economic Area under the GDPR; and if we rely on another basis to transfer your personal data to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data to an Inadequate Jurisdiction. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the Service are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.

10. FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?

We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law.

To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.

11. WHAT CHOICES DO I HAVE REGARDING MY PERSONALLY IDENTIFIABLE INFORMATION?

We generally use personally identifiable information as described in this Privacy Policy or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must “opt in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and “opt out” of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting privacy@3playmedia.com.

Under certain circumstances and in compliance with the GDPR, you may have the right to:

Request access to your personally identifiable information (commonly known as ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;

Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;

Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;

Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;

Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;

Request the transfer of your personally identifiable information to another party; and

Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.

If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact privacy@3playmedia.com.

Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

DO NOT TRACK

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided below.

12. HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.

13. WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us in any of the following ways:

By e-mail:

privacy@3playmedia.com

By postal mail or courier:

Attn: Privacy
3Play Media Inc.
77 N Washington St, 2nd Floor
Boston, MA 02114

14. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.

This Section 14 shall apply only to the extent that we are regulated as a business (as defined in the California Consumer Privacy Act of 2018 (collectively with any regulations promulgated thereunder, the “CCPA”)) under the CCPA. This Section 14 shall apply to you only if you are a California resident.

If an Organization with which you are associated purchases any of our services, we may receive consumer information (as defined below) about you in connection with our provision of our services to your Organization. To the extent we process such consumer information solely in order to provide our services to your Organization, under the CCPA, to the extent applicable, we will act as a service provider (as defined in the CCPA) on behalf of your Organization in respect of that consumer information; this Privacy Policy will not apply to the processing of that consumer information and your Organization will act as a business (as defined in the CCPA) in respect of that consumer information. The business is responsible for obtaining all necessary consents and providing you with all requisite information as required by applicable law. To the extent we process your consumer information for any other lawful business or commercial purpose of ours, under the CCPA, to the extent applicable, we will act as a business with respect to such consumer information and this Privacy Policy will apply to the processing of such consumer information. For clarification but not limitation, information we process for our lawful business or commercial purposes, such as for product development or sales and marketing, is not processed solely on behalf of your Organization.

As used in this Section 14, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to another business or a third party for monetary or other valuable consideration.

“Selling” does not include: (i) disclosing consumer information to a third party at your direction, provided the third party does not sell the consumer information except in accordance with the CCPA; (ii) where you intentionally interact with a third party through the Service, provided the third party does not also sell the consumer information; (iii) using or sharing your consumer information with a service provider as necessary to perform business purposes, provided that such service provider provides its services on 3Play Media’s behalf and provided that the service provider does not further collect, sell or use the consumer information except as necessary to perform the business purpose; or (iv) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of 3Play Media, provided that information is used or shared consistently with the CCPA.

Where noted in this Privacy Policy, until the applicable date specified in the CCPA, the CCPA exempts consumer information reflecting a written or verbal business-to-business communication (“B2B consumer information”) from some its requirements, provided that such exemptions shall not apply from and after such date specified by the CCPA.

14.1 Consumer Information Collected: We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents, devices or households (“consumer information”). Consumer information does not include deidentified or aggregated information, publicly available information from government records, or any other information that is excepted from the definition of “personal information” under the CCPA, or any information that is otherwise not regulated by the CCPA. In particular, we have collected the following categories of consumer information from California residents, households or devices within the last twelve (12) months:

14.2 Use of Consumer Information; Categories of Sources: We use consumer information for the business or commercial purposes described in the table above and in the manner described in Section 5 of this Privacy Policy with respect to personally identifiable information. Regarding the categories of sources from which consumer information is collected, we collect consumer information that you submit to us. We may also receive personally identifiable information about you from third parties, including Industry Partners, the Payment Services Provider, and third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service. We also receive information that is otherwise collected when you use the Site and/or Service, including as described in Section 2 of this Privacy Policy. We may directly collect personal information about you that is publicly available from sources such as LinkedIn and other publicly available websites, and we may combine such information with other information we have about you.

14.3 Disclosures of Consumer Information for a Business or Commercial Purpose: 3Play Media may disclose your consumer information described in the table above to a third party for a business or commercial purpose, as described in the table above and in Section 6 of this Privacy Policy with respect to personally identifiable information. In the preceding twelve (12) months, 3Play Media has disclosed the categories of consumer information described in the table above for a business or commercial purpose to the categories of third parties described in the table above (as further described in Section 6 of this Privacy Policy). Additionally, any information that was included in any Public Area during the last 12 months has been viewable by the public.

14.4 Sales of Consumer Information: In the preceding twelve (12) months, 3Play Media has not sold, nor does it or will it sell, consumer information.

14.5 California Residents’ Rights and Choices: The CCPA provides California residents with specific rights regarding their consumer information. This Section 14.5 describes your CCPA rights (to the extent applicable to you) and explains how to exercise those rights.

  • 14.5.1 Access to Specific Information and Data Portability Rights: You may have the right to request that 3Play Media disclose certain information to you about our collection and use of your consumer information over the past 12 months. Once we receive and confirm your verifiable consumer request (in the manner described in Section 14.6 below), to the extent required by the CCPA, we will disclose to you:
    • 14.5.1.1 The categories of consumer information we collected about you.
    • 14.5.1.2 The categories of sources for the consumer information we collected about you.
    • 14.5.1.3 Our business or commercial purpose for collecting that consumer information.
    • 14.5.1.4 The categories of third parties with whom we share that consumer information.
    • 14.5.1.5 The specific pieces of consumer information we collected about you (also called a data portability request).
    • 14.5.1.6 If we disclosed your consumer information for a business or commercial purpose, a list disclosing disclosures for a business or commercial purpose, identifying the consumer information categories that each category of recipient obtained.

We will not provide the foregoing access and data portability rights for B2B consumer information prior to such date required by the CCPA.

  • 14.5.2 Deletion Request Rights: You have the right to request that 3Play Media delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you (if you are a California resident) in the manner described in Section 14.6 below (“verifiable consumer request”), we will delete (and direct our service providers to delete) your consumer information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
    • 14.5.2.1 Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
    • 14.5.2.2 Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • 14.5.2.3 Debug products or services to identify and repair errors that impair existing intended functionality.
    • 14.5.2.4 Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • 14.5.2.5 Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    • 14.5.2.6 Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • 14.5.2.7 Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • 14.5.2.8 Comply with a legal obligation.
    • 14.5.2.9 Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will not provide the foregoing deletion rights for B2B consumer information prior to such date required by the CCPA.

14.6 Exercising Access, Data Portability, and Deletion Rights:

  • 14.6.1 To exercise the access, data portability, and deletion rights described in Section 14.5 above, please submit a verifiable consumer request to us by either: (1) calling us at [TOLL-FREE NUMBER]; (2) visiting [WEBSITE ADDRESS]; or (3) contacting us in accordance with Section 13. Only you, or someone legally authorized to act on your behalf (such as an authorized agent), may make a verifiable consumer request related to your consumer information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We use the following process to verify consumer requests: In the event you make a request under this Section 14, we may take various approaches to verify your identity depending on the nature of your request. These approaches may include initiating telephone calls with you or reaching out to by e-mail or otherwise to ask you questions pertaining to the information we have about you. .
  • 14.6.2 We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your consumer information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.

14.7 Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights, including, unless permitted by the CCPA, by:

  • 14.7.1 Denying you goods or services.
  • 14.7.2 Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • 14.7.3 Providing you a different level or quality of goods or services.
  • 14.7.4 Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.