Privacy Policy

Updated May 7, 2021

 

 

At Perform Media, Inc. (the “Company”), maintaining the trust of our users is of the utmost importance to us. We have developed this privacy policy to explain how we collect, use, share and disclose information about our users, and to show our commitment to fair information practices and the protection of user privacy. We do not sell any personal or other identifying information about our users, and we do not disclose any personal information to third parties for direct marketing purposes. We also do not and will not provide personal information about our users to any third parties that do not have a legitimate need for that information in connection with their business relationship with the Company.

We may, however, collect certain information from our users; we do this so that our users can access our website and use our services and other software products that we may offer from time to time (collectively, the “Services”), and then participate in and take advantage of the products, services and information we offer via those Services. This privacy policy describes information that the Company collects, as well as the ways in which we may use and share that information.

This policy will be posted on and/or accessible from within any website, mobile application or video game that the Company owns and operates. 

PLEASE BE AWARE THAT THE COMPANY WORKS WITH, AND IN MANY CASES RELIES UPON, THIRD-PARTY PROVIDERS, MANY OF WHOM PROVIDE TECHNOLOGY THAT SUPPORTS THE COMPANY’S SERVICES, OR PROVIDE ADVERTISING AND OTHER CONTENT USING THE COMPANY’S SERVICES. THESE THIRD PARTIES OPERATE THEIR OWN WEBSITES AND APPLICATIONS, AND THESE THIRD PARTIES WILL HAVE THEIR OWN PRIVACY PRACTICES AND POLICIES, WHICH MAY DIFFER MATERIALLY FROM THE COMPANY’S POLICIES AND PRACTICES. ANY TIME THE SERVICES REFER OR LINK YOU TO WEBSITES OPERATED BY THIRD PARTIES, OR PROVIDE YOU WITH URLS OR OTHER INFORMATION SO THAT YOU CAN ACCESS THIRD-PARTY WEBSITES, IT WILL BE YOUR RESPONSIBILITY TO READ AND CONFIRM YOUR AGREEMENT WITH THE PRIVACY POLICIES AND PRACTICES OF ANY AND ALL THIRD-PARTY WEBSITES, APPLICATIONS AND SOFTWARE, WHETHER YOU ACCESS THEM USING THE SERVICES OR FROM OUTSIDE THE SERVICES BASED ON INFORMATION YOU MAY HAVE OBTAINED FROM THE SERVICES. THE COMPANY WILL HAVE NO LIABILITY FOR ANY THIRD-PARTY PRIVACY COLLECTION PRACTICES OR POLICIES, WHETHER OR NOT KNOWN TO THE COMPANY, AND WHETHER OR NOT ACCURATELY DISCLOSED BY THOSE THIRD PARTIES.

 

Important Notices

Notice Concerning Children

PLEASE NOTE: Our Services are intended for a general audience. We operate a business that is targeted at adult customers and users only, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of the Services is under age 13, we will promptly delete any personal information that might be stored about that user.

Notice Regarding International Users

Our Services are hosted in, and are directed at users from, the United States. Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. The Company and its Services are subject to U.S. laws, which may not afford the same level of protection as the laws of other countries (which may include the laws of your country if you are outside the United States). 

 

Collection and Use of Information

 

Personal Information

As used in this privacy policy, “Personal Information” refers to information that can be used, directly or indirectly, alone or together with other information, to identify a specific individual. A user’s Personal Information includes (without limitation) his or her name, address, telephone number, and email address. Personal Information may also include information about activities or activity level,, and information about a user’s location, to the extent that the user elects to share any of that information with us, or to provide us with access to any of that information that may be stored on or otherwise available from his or her computer, phone or other device from which he or she accesses or communicates with any of the Services.

In operating the Services, our practice is to collect limited personal information from our users, and only where and to the extent necessary, so that we can deliver to our users the Services they are using or requesting to use. You always have the option not to provide us with any Personal Information, or to limit the Personal Information that you provide us or allow us to access, but you understand that any such restriction or limitation may affect your ability to take advantage of all of the Services that we offer.

We may also allow you to connect with certain third-party platforms and social media services (such as LinkedIn, Twitter, Facebook, Instagram and other similar services). If you do use the Services to connect to a third-party service, please make sure you are familiar with and in agreement with the ways in which that third-party service will share your personal information. Similarly, if you use the Services to provide information to those third-party services, the information will no longer be under our control, and will instead be subject to the privacy policies and other terms of use of those third-party services. It is your responsibility to control whether your activities and information from our Services are provided to third-party services.

If you do elect to provide Personal Information to us, the Personal Information we collect and store will be used for one or more of the purposes specified below:

Email Subscriptions and Surveys

If you want to be on our mailing list and receive informational and promotional emails or other regular informational communications from us, you will need to give us an email address to which we can send those communications. From time to time we may ask you to participate in optional surveys, which may ask for other personal information such as your age, gender, occupation or location, but you will always have the option not to provide us with that information.

Contact Us

We provide our users with a number of ways to contact us, so that they can reach us with their comments and questions. Our website has a “Contact Us” page that includes a contact email address, and may also include a message form that you can complete in order to contact us directly from the website. We also expect to maintain a presence on Twitter, LinkedIn and perhaps Facebook and Instagram, as well as other social media and business networking platforms. If you communicate with us by email, even if you have not previously provided us with your email address, we will use your email address if necessary in order to respond to you, and we may retain your email address in our files during and for a period after the time that we are in communication. We do not control the terms of use or privacy policies for any social media platforms in which we participate, and it will be solely your responsibility to familiarize yourself with their information collection practices and only communicate with us and/or disclose personal information via social media (which will be collected by the third-party social media platform operators, and not by us) if you are in agreement with those information collection practices.

 

 

Other Notices

If you provide us with an email address, we may use that address to let you know about changes to this policy or to our terms of use, or to contact you about specific Company-related issues or your use of the Services generally, or to reply to any support issues or other questions. Any time we send you an email, it will include an unsubscribe link, so that you can request that we do not send you any more emails. If you enable notifications via any Service that allows for notifications, then you will receive those notifications (which may take the form of badges, banners, alerts or any other notice format available on the applicable computing device) that you have authorized the device to provide.

Anonymous Information

“Anonymous Information” is any information or data that is anonymous, aggregated, de-identified, or that otherwise does not reveal your identity. We may collect and use Anonymous Information about our users in any of the following ways:

Automatic Collection and Analytics

Our servers can automatically recognize visitors’ domain names and IP addresses and may also identify a user’s computer/mobile device type and connection information, as well as information about browser type and browser settings and (where possible) geographic location. We also may use Google analytics to track user traffic to our website. No Personal Information about you is revealed in this data collection and tracking process. We may also use clear gifs (also known as web beacons) and other methods to gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving our website or other Services we offer. Clear gifs may also be used in email messages that we send, so that we can track whether recipients have opened those messages.

Cookies

From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our website. We do not set any Personal Information or personally identifiable information in cookies, nor do we employ any data capture mechanisms in the Services other than cookies. Cookies can help us learn which of the Services are useful and which Services need improvement. You can choose whether to accept cookies by changing the settings on your browser and/or in your computing device. However, if you choose to disable this function, your experience with the Services may be diminished and some features may not work as they were intended. Promotions or advertisements displayed via the Services may also contain cookies, and we do not have access to or control over information collected by outside advertisers when you click on any such promotions or advertisements.

Security and Bug Tracking

We expect the Services to include features that will help us track down bugs and crashes; some of these features will include reports that are generated by our users’ devices, and these reports include information about device type, capabilities, and other software running at the time of the crash. You will have the option whether or not to provide this information to us, and it will always be provided to us anonymously. This information will never include Personal Information and never be identifiable by use, and we will use this information for our development, debugging and other quality improvement efforts.

Additional Use and Disclosure of Personal Information

In addition to the uses and disclosures described above, we may disclose Personal Information if we determine that we are required to do so:

• To comply with applicable laws, or with legal process served on us;
• To protect or defend our rights or the rights of any of our users or business partners;
• To enforce our terms of use or other agreements; or
• To protect anyone’s rights, property or safety (including our own).

We may revise this policy from time to time – e.g., to keep up with changes in the law, or to reflect changes in how we are doing business. All Services that are governed by this policy will always include our most up-to-date privacy policy, and we include an effective date at the top of the policy, so you can quickly see when we last updated the policy. Any updates or modifications to this privacy policy will be effective as soon as we post the updated privacy policy to the Services, and it is your responsibility to review this privacy policy periodically to make sure you continue to be in agreement with all of its terms.

Security of Your Information

We have a variety of security measures in place to maintain the safety of your Personal Information. Any Personal Information you provide will be securely stored and accessible only by our employees and agents who have a need to access that information, who are aware of and required to maintain the confidential nature of that information.

Changes to Your Stored Information

You can notify us at any time that you want to terminate your account with us, or terminate our storage of your Personal Information, and upon receipt of that notice, we will remove all information about you from our database, at which point you will no longer receive email notices and updates from us. Please note that, due to email production schedules and lead times, your account may not be disabled immediately, and you may receive emails that were already in production or scheduled for delivery at the time that you made changes to your email subscriptions or other information. In addition, we will retain information provided to us in connection with any purchase made using the Services in order to complete and deliver the purchase, and for our record keeping purposes.

 

Your Choices

California Consumer Disclosure & Rights

 

California Consumer Rights & Options

You can access or delete your personal information by emailing us at info@performmedia.com. However, if you want to opt out of sales or exercise your “Do Not Sell My Personal Information” right under CCPA, then submit your request on the Do Not Sell My Personal Information page. 

Additional Information

We understand that some users may have enabled a “do not track” feature in their web browsers; however, consistent with and to the maximum extent permitted by applicable law, we currently do not honor any “do not track” requests sent from a web browser.

This is our online privacy policy and applies only to information that we collect through our Services, and not to any information that may be collected offline.

Any time you have any questions about this policy, or about our privacy practices in general, please email us at info@performmedia.com and we will get back to you as quickly as possible.

By using our Services and the content and features that we offer, you are providing us with your consent to this privacy policy, and if at any time you are not in agreement with this privacy policy, you must immediately end your use of our Services and of any content or features we offer.

1355 NW Everett St., Suite 100,

Portland, OR 97209