REDFOG, LLC

PRIVACY POLICY

At RedFog, LLC we respect your privacy and are committed to protecting your personal information. We have created this privacy policy (the “Privacy Policy”) to let you know what information we collect when you visit the website located at https://www.RedFog.com (the “Website”), participate in the contests the Website (the “Contests”) and make use of our online service (collectively, the “Services”), why we collect this information and how we use the collected information. By using the Services, you consent to the data practices prescribed in this Privacy Policy. We may periodically make changes to this Privacy Policy by posting such changes on this page without notice to you. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

This Privacy Policy is governed by our Website Legal Terms and Conditions (the “WLTC”) at https://RedFog.com/disclaimer.  This Privacy Policy does not govern other websites maintained by us. You agree that in the event of a conflict between this Privacy Policy and the WLTC, the WLTC shall prevail. Please see the WLTC for further information.

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

1.1               Definition

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 support@RedFog.com 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.
  • Personal Information as well as any other information collected through your use of the Services may be disclosed to our staff, affiliates and/or agents so that they can contact you regarding our products, services, or promotional offers, respond to your requests, provide certain services to you and operate the Services. We will not sell, lease or share your Personal Information except as set forth in this Privacy Policy and the WLTC, as applicable. If you have any concerns regarding our use of your Personal Information, you may contact our customer service by email at privacy@legal.redfog.com.

2.                   NON-PERSONAL INFORMATION

2.1               Definition

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.
  • Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to, and stores on, your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies. Most web browsers automatically accept Cookies, but if you prefer you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website and the Services.
  • We collect Non-Personal information from a number of third-party service providers (“Analytics Companies”), such as Google Analytics, which use Cookies to collect information such as how often users visit our Website, what pages they visit, and what other sites they used prior to coming to our Services.
  • 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 may use Cookies to provide you with a more personal and interactive experience on the Website. We use the information collected through Cookies to make the Services more useful to you and to tailor your experience with us to meet your special interests and expectations.
  • 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.

3.                   DISCLOSURES

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

Certain services or other materials displayed on the Website may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content and the WLTC and Privacy Notice do not apply to those third-party services. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. We are not responsible for the practices used by any third party websites or services linked to or from the Website, including, without limitation, the information or content contained within them. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access information you provide to them. If you are using a third-party website or service and you allow them to access your Personal Information you do so at your own risk.

6.                   YOUR CHOICES REGARDING YOUR INFORMATION

6.1               Email Communication. 

We will periodically send you free newsletters and emails that contain information about our various products and services, or other products and services we feel may be of interest to you. At any time you can easily indicate your preference to stop receiving further communications from us and you may opt out of receiving further marketing from us by emailing us at support@RedFog.com or by following the unsubscribe instructions provided in the email you receive. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to the WLTC and the Privacy Policy.

 

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 accounts@support.redfog.com.  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.

7.                   SECURITY

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

We cannot ensure the protection of any information or images that you provide to a third-party website that links to or from the Website or any information collected by any third party administering our affiliate program or any other program, since these third-party websites are owned and operated independent of us. Any information collected by these third parties is not governed by this Privacy Policy but by the privacy policy, if any, of such third party. If you have questions about a third party’s information practices, please read its privacy policy, if any. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such websites.

 11.               INTERNATIONAL USERS

The Website is hosted in the United States and is intended for and directed to users in the United States and Canada. If you are a User accessing the Website from the European Union, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which are governed by US law, the Privacy Policy and the WLTC, you are transferring your Personal Information to the United States and you consent to that transfer.

 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: support@RedFog.com.

 14.               CHANGES AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy may be revised periodically, and if we make any material changes in the way we use your Personal Information, we will notify you. Any changes to the Privacy Policy will be effective upon thirty (30) days following our posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Services and for all users who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current email address. In the event that the last email address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, in the event that we elect to provide you notice via email, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.

15.               CONSENT TO PRIVACY STATEMENT

By using the Services, you agree to this Privacy Policy. This is the entire and exclusive Privacy Policy and it supersedes any earlier version. Your continued use of the Services constitutes your agreement to this Privacy Policy, as may be amended from time to time.

Copyright © 2019 RedFog, LLC. All rights reserved. 

RedFog, LLC can be contacted by emailing support@RedFog.com.

Last Updated:  June 26, 2019

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