The terms “we,” “us,” “our” and the “Company” shall mean Red Fog, LLC, and the term “you” shall mean you, being the user of the Service. The capitalized words and phrases used herein shall have the meaning ascribed to them in the WLTC unless otherwise defined herein or the context otherwise requires.
1. PERSONAL INFORMATION
We consider information that may be used to identify an individual to be “Personal Information.” Personal Information that we collect may include, but is not limited to, the following information:
- • first and last name;
- • credit card and other billing information;
- • transaction history;
- • username and password;
- • website usage preferences;
- • home or other physical address;
- • email address;
- • phone number; and/or
- • other contact information.
1.2 Collection of Personal Information
You may be asked to provide Personal Information when you use the Website, register for an Account, use the Service or download the Software. In general, you can visit the Website without telling us who you are and without revealing any Personal Information about yourself. We do not collect Personal Information about you unless you voluntarily provide it to us. We may also collect Personal Information from you in following ways:
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- • We will collect your user name that you upload to your public profile page (“Profile”).
- • When you participate in any Contest, other participants in the Contest (each, a “Player”) will be enabled to see the information in your Profile.
- • When you participate in one of our surveys, we may collect additional Personal Information.
- • We may collect Personal Information at other points within the Services where it is clear we are collecting such information.
- • If you use our mobile application (the “Mobile App”) on your mobile device, we may also collect your phone number and unique device id number. You understand and agree that by using the Mobile App on your mobile device, you are voluntarily providing your phone number and unique device id number.
- • From time to time, we may request information from you via surveys. Participation in these surveys is completely voluntary, and, therefore, you may choose not to disclose such information. Information requested may include contact information (such as name and shipping address) and demographic information (such as your zip code or postal code, your age or approximate age).
- • You may invite a friend to register for the Services by providing us with his or her email address. We will collect the email address(es) you provide in order to facilitate that invitation. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and email address(es). If you are using the Mobile App to refer a friend, the Mobile App may also collect your phone number, which we may use for, among other purposes, fraud prevention and user authentication purposes. You or the third party may contact us at [email protected] to request the removal of this information from our database.
1.3 Use of Personal Information
The ways we use Personal Information include, but are not limited to, the following:
- • We use your Personal Information to deliver the products and services you purchase and to provide customer support, to process any of your online transactions, to facilitate the creation of your Account, to identify you as a user in our system, to improve the quality of experience when you interact with the Website, to answer your questions, to deliver customized or personalized content and for any other purpose related to the operation of the Services.
- • We may use your Personal Information to send newsletters, surveys, offers and other promotional materials related to the Services or on behalf of third parties and to monitor the effectiveness of our marketing programs.
- • Your Personal Information may be shared with our affiliates, subsidiaries or agents for technical support and to process transactions you initiate while using the Services and deliver the products and services you purchase.
- • By accepting any Contest prize or winnings from us, you hereby authorize us and consent to our use of your name and likeness for advertising and promotional purposes without any additional compensation to you, except where prohibited by law.
- • Unless you have elected not to receive promotional information, we may also use your Personal Information (including your email address) to provide you with information regarding our products, services and promotions.
2. NON-PERSONAL INFORMATION
We consider information such as source IP address, time of access, date of access, web page(s) visited, language use, type of browser used and other information that is not used to identify individuals to be “Non-Personal Information”.
2.2 Collection of Non-Personal Information
Ways in which we collect Non-Personal Information may include, but are not limited to, the following:
- • When you interact with the Services, our servers keep an activity log unique to you that collects the information including: source IP address, time of access, date of access, web page(s) visited, language use, and type of browser used.
- • We may enter into agreements with companies that refer users to the Services by way of hyperlinks made available on the referring party’s website. We may automatically collect Non-Personal Information via the Cookies and pixel tags (small blocks of code on a webpage that enable the placement of cookies) that are provided to us in connection with your use of the referring party’s website. This policy does not apply to, and we are not responsible for, Cookies or pixel tags provided by third-party Websites.
2.3 Use of Non-Personal Information
We use Non-Personal Information to analyze trends, administer the Website, to gather demographic information about our user base as a whole and to improve the Services and for product development purposes. For example, some of the information may be collected so that you will be recognized when you return to visit the Website, and the information displayed on the Website will consequently be appropriate to your interests. We may collect Non-Personal Information in the following ways:
- • We use Non-Personal Information we get from Analytics Companies to help analyze how users use the Services. We use this information only to improve the Services.
Subject to the WLTC, we may disclose your Personal Information to our staff as well as to third parties in the following instances:
- When you use the Services, the Personal Information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.
- We may share your Personal Information with third-party service providers to:
- • provide you the Services that we offer you through the Website and Mobile App;
- • conduct quality assurance testing;
- • facilitate the creation of accounts;
- • provide account authentication and user verification services;
- • provide technical support; and/or
- • provide other services to RedFog, LLC.
- • If your earnings from the Contests exceed a certain threshold, in accordance with our interpretation of applicable law, we will disclose the amount of your earnings and other related information to the United States Internal Revenue Service and other appropriate taxing authorities.
- • When you participate in a Contest, we may make your Profile available to other Players of the Contest and enable you to communicate with other Players, in which case your communications will be disclosed.
- • We may share information about the Contests in which you participate, including information related to your returns, finishes, and portfolio picks with our leaderboard provider(s).
- • We may share some or all of your personal information with our subsidiaries, joint ventures and other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this notice.
- • We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, your Personal Information may also be transferred as a business asset.
- • We may post user feedback on the Website from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback.
- • If you make any comments on a blog or forum associated with the Website, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
- • We may disclose your Personal Information if requested to do so by legal authorities or required to do so by law, or if we believe in good faith that such action is necessary to: (1) conform to applicable laws or to comply with any legal process served on us or the Services; (2) protect and defend our rights or property; or (3) act to protect the personal safety of users of the Services or the public.
4. CREATION OF ANONYMOUS DATA
We may create anonymized data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymized data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use anonymized data for any purpose and disclose anonymized data to third parties for any reason.
5. INTERACTION WITH THIRD PARTY SITES AND SERVICES
6. YOUR CHOICES REGARDING YOUR INFORMATION
6.1 Email Communication.
6.2 Changing or Deleting Your Personal Information.
You may change any of your Personal Information by editing it through your Account or by sending an email to [email protected]. You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep certain Personal Information and not delete it (or to keep the information for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your Personal Information for fraud prevention or similar purposes.
We understand the importance of information security and the methods required to secure information. We store all of the Personal Information we receive directly from you in a password-protected database residing within our secure network behind active state-of-the-art firewall software. The Website and the Services support SSL Version 3 with 128 bit encryption.
8. PROTECTION OF CHILDREN
The Services are not intended for or directed to persons under the age of 18. Any person who provides their information to us through any part of the Services represents to us that they are 18 years of age or older. It is our policy to endorse the Children's Online Privacy Protection Act of 1998 (US) and to use our best efforts to comply with this Act.
9. INTERNATIONAL TRANSFERS
Personal Information we collect through the Services may be stored and processed in any country in which we or our Affiliates, subsidiaries, suppliers, contractors or agents maintain facilities, and by using the Services, you consent to any transfer of your Personal Information outside of your country.
10. THIRD-PARTY PRACTICES
11. INTERNATIONAL USERS
12. LEGAL DISCLAIMER
The Services operate “AS-IS” and “AS-AVAILABLE,” without liability of any kind. We are not responsible for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee, nor do we represent, that there will be error-free performance regarding the privacy of your Personal Information, and we will not be liable for any indirect, incidental, consequential or punitive damages relating to the use or release of your Personal Information.
13. HOW TO CONTACT US
If you would like to contact us for any reason regarding our privacy practices, our privacy notice, or if you want to report any security violations to us, please e-mail us at the following address: [email protected].
15. CONSENT TO PRIVACY STATEMENT
Copyright © 2023 REDFOG, LLC. All rights reserved.
Red Fog can be contacted by emailing [email protected].
Last Updated: February 17, 2022