Pearl Media Privacy Policy

Last Updated and Effective as of: March 16, 2020

Pearl Media LLC (“Pearl Media”, “we”, “our” or “us”) understands that privacy is important to our users. Protecting your information is our priority. This Privacy Policy discloses our practices regarding information collection and usage for www.pearlmedia.com (the “Website”) and any websites, apps, communications or services that we provide (collectively, the “Services”), unless another applicable privacy policy is posted on that Service.

Overview

    • We collect Personally Identifiable Information (as defined below) from users of our Services when it is voluntarily provided to us and use it for the purposes for which it was provided (see Information We Collect Directly From You).

    • We will not use or share your Personally Identifiable Information with anyone except as described in this Privacy Policy.

    • We do not “sell” personal information in the manner set forth under California law as described below (see California Consumer Notice).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices, you should not use the Services. By accessing or using the Services, you agree to this Privacy Policy.  If you have questions, you can always contact us using the information in the section below titled Contact.

IF YOU ARE A RESIDENT OF CALIFORNIA OR NEVADA, PLEASE SEE THE SECTIONS “CALIFORNIA CONSUMER NOTICE” OR “NEVADA PRIVACY RIGHTS” FOR SPECIFIC DISCLOSURES WITH RESPECT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Information We Collect Directly From You:

We may collect information, including Personally Identifiable Information, when you provide such information to us directly, such as when you send us an email, fill out a contact form or otherwise interact with us on the Website or through our Services. Your provision of your Personally Identifiable Information to us is completely voluntary. “Personally Identifiable Information” is information that specifically identifies you as an individual. Categories of Personally Identifiable Information we collect directly from you include identity data (e.g., name or other similar identifiers) and contact data (e.g. address, email address, telephone number).  We may also collect other information that you directly provide us including marketing and communications data (e.g. your preferences in receiving marketing from us).

Information We Automatically:

Pearl Media, our service providers or our third party partners may also automatically collect information from you when you visit our Website and use our Services through cookies and other tracking technologies.  Such information does not directly identify you as an individual and may include:

Cookies and Similar Technology:

    • We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website or our other Services. “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website and analyze browsing patterns.   Such data may include, without limitation, the address of the websites you visited before and after you visited the Website, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Website you visit and what links you clicked on, the region where your device is located, and geo-IP data.We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance our Services.

Site Analytics:

    • We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website.  One such provider is a web analytics service provided by Google. Google Analytics uses cookies to help analyze how users use the Website. The information generated by the cookie about your use (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the Google Analytics’ currently available opt-outs for the web, found at https://tools.google.com/dlpage/gaoptout/.

Additional Utilities

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Additionally, we partner with VWO to provide A/B testing in order to optimize and improve user experience. Website usage data is captured using technologies like cookies, web logging, and/or other direct and indirect methods. For more information visit the VWO Privacy Policy

How We Use Your Information:

We use Personally Identifiable Information and other information as described herein including for the following purposes:

    • to contact you about and provide you with our Services,

    • to personalize your experience with us including by presenting
      products or offers tailored to you,

    • to respond to your direct inquiries,

    • to add you to our mailing lists and send you emails from time to
      time,

    • for any additional purposes with your consent.

We also reserve the right to supplement your Personally Identifiable Information with information we gather from other sources which may include information we gather from online and offline sources. Finally, we reserve the right to use and disclose information that is not Personally Identifiable Information in any manner permitted by law except as otherwise provided in this Privacy Policy.

Non-Personally Identifiable Information:

As noted above, we may collect information that is not Personally Identifiable Information (“Non-Personally Identifiable Information”).  We may aggregate or de-identify Personally Identifiable Information so that the information does not personally identify you or anyone else, such as by using Personally Identifiable Information to calculate the percentage of our customers who live in a particular area.  Because Non-Personally Identifiable Information, including aggregate or de-identified information, does not personally identify you, we may collect, use and disclose Non-Personally Identifiable Information for any purpose permitted by law and subject to the section titled “California Consumer Notice”.  In some instances, we may combine Non-Personally Identifiable Information with Personally Identifiable Information.  If we combine any Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated by us as Personally Identifiable Information.

How We Share Your Information:

Besides using your Personally Identifiable Information ourselves, we may send your Personally Identifiable Information and other information to other companies, affiliates and third parties in the following instances:

    • Service Providers. We may share your Personally Identifiable Information with third
      parties who may use your information to provide us services such as website
      hosting, data analysis, infrastructure provision, information technology
      services, customer service, e-mail delivery services, auditing, and anti-fraud
      monitoring.  These third parties may have access to Personally
      Identifiable Information that is necessary to perform their functions.

    • Legal Compliance and to Defend Our Rights. We
      may disclose Personally Identifiable Information and other information as we
      believe necessary or appropriate: (a) under applicable law, including laws
      outside your country of residence; (b) to comply with legal process; (c) to
      respond to requests from public and government authorities including public and
      government authorities outside your country of residence; (d) to enforce our
      terms and conditions; (e) to protect our operations or those of any of our
      affiliates; (f) to protect our rights, privacy, safety or property, and/or that
      of our affiliates, you or others; and (g) to allow us to pursue available
      remedies or limit the damages that we may sustain.

    • Business Transfers. We may share your Personally
      Identifiable Information and other information with third parties in connection
      with a corporate restructuring, acquisition, divestiture or similar transaction.

    • Aggregated or Non-Personally Identifiable Information. We may share aggregated information or Non-Personally Identifiable Information
      with unaffiliated third parties, such as business partners, manufacturers,
      distributors and retailers, in a form in which means the shared information
      will not contain nor be linked to any Personally Identifiable Information, to
      improve and enhance your experience using the Website and Services and for our
      market research activities.

Please note that if you specifically consent to additional uses of your Personally Identifiable Information, we may use your Personally Identifiable Information in a manner consistent with that consent.

Security:

The security of your information is very important to us.  We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Pearl Media, or information stored on the Website, our Services or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website or Services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect.  Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personally Identifiable Information.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

Data Retention:

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website or Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Protection for Children:

Our Website and Services are intended for ages 18 and over. We do not knowingly collect Personally Identifiable Information from minors.  When we become aware that Personally Identifiable Information (or other information that is protected under applicable law) from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database. If you believe we might have any Personally Identifiable Information from or about a child under 13, please contact us at privacy@pearlmedia.com.

Other Websites & Social Networking Services:

As a convenience to you, we may provide links to third party websites,
apps or services from within the Website or Services. We are not responsible
for the privacy practices or content of these third party sites, and by
providing a link we are not endorsing or promoting such third party sites.  When you navigate away from our Website or
Services, you do so at your own risk.  We
encourage you to read the policies and terms of every website, app or service
you visit.

The Website or
Services may integrate with social networking services.  We do not control such services and are not
liable for the manner in which they operate.
While we may provide you with the ability to use such services in
connection with our Website or Services, we are doing so merely as an
accommodation and, like you, are relying upon those third party services to
operate properly and fairly.

You should be aware
that Personally Identifiable Information which you voluntarily include and
transmit online in a publicly accessible blog, social network or otherwise online
may be viewed and used by others.  We are
unable to control such uses of your Personally Identifiable Information, and by
using such services you assume the risk that the information provided by you
may be viewed and used by third parties.

Opt-Out:

To opt-out of any
future promotional messages from us, you should send an unsubscribe request to
us at privacy@pearlmedia.com. We will process your request within a reasonable time after
receipt.  Please note that if you opt out
in this manner, certain aspects of the Website or Services may no longer be
available to you.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected.

Changes to Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time, provided that any such modifications will only be applied prospectively. Your continued use of the Website or Services following the posting of any changes to this policy means you accept such changes.

Contact:

For questions or concerns relating to privacy, we can be contacted at: privacy@pearlmedia.com.

Site Maintenance:

Our Website is maintained in the United States of America. If you are located outside the U.S., by using the Website, you authorize the export of your information to the USA and its storage and use as specified in this policy.

California Consumer Notice:

We collect
information (some of which may also constitute Personally Identifiable
Information) that identifies, relates to, describes, references, or is
reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular consumer or household. The California
Consumer Privacy Act of 2018 (“CCPA”) refers to such information as “personal
information.” If you are a California consumer, as defined by CCPA, the CCPA provides you with specific rights regarding your personal
information. This section describes the rights that California consumers, and
those with similar rights by law in their home jurisdiction, have and explains
how to exercise those rights. To be clear the rights in this section are not
intended to grant you additional rights, but just your rights under CCPA.  The uses of personal information below are in
addition to those listed above.

Information We Collect; How We Collect
It; How We Use It

Information
about our data collection during the prior 12 months is described below.  We have also disclosed such information form a
business purpose during the prior 12 months, and will do so in the future.  California consumers may access, delete and
control certain uses of their information as set forth in Rights to Your Information.

Sharing of Personal Information:

Pearl Media may disclose your personal information to a third party for a business purpose.  The CCPA defines “sell” much broader than what you would intuitively expect, and includes releasing, disclosing, disseminating, making available, transferring the personal information for monetary or other valuable consideration. We do not “sell” your personal information, as that term is defined under the CCPA.

Rights to Your Information:

Right to Know About Personal Information Collected, Disclosed or Sold

As a California consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:

    • The categories of personal
      information we collected about you.

    • The categories of sources from
      which the personal information is collected.

    • Our business or commercial
      purpose for collecting or selling that personal information.

    • The categories of third
      parties with whom we share that personal information.

    • The specific pieces of
      personal information we collected about you (also called a data portability
      request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  However, we maybe retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

Exercising Access and Deletion Rights

To exercise the access and deletion rights described above, please submit a request to us by contacting us at 973.492.2300 or by visiting privacy@pearlmedia.com.

Only you, or a person or business entity registered with the California
Secretary of State that you authorize to act on your behalf (an “authorized
agent”), may make the requests set forth above.

The request should include your contact information and describe your
request with sufficient detail that allows us to properly understand, evaluate,
and respond to it. In addition, you should provide sufficient information that
allows us to reasonably verify that you are the person about whom we collected
the personal information or an authorized representative of that person.

For more information about verification, see Response Timing and Format
immediately below.

Response Timing and Format

We will respond to consumer requests in a
reasonably timely manner. If we require extra time to respond, we will inform
you of the reason and extension period in writing. In order to protect the
security of your personal information, we will not honor a request if we cannot
verify your identity or authority to make the request and confirm the personal
information relates to you. The method used to verify your identity will depend
on the type, sensitivity and value of the information, including the risk of
harm to you posed by any authorized access or deletion. Generally speaking,
verification will be performed by matching the identifying information provided
by you to the personal information that we already have.

Any disclosures we provide will only cover the 12-month period preceding
our receipt of your request (and will not be made more than twice in a 12-month
period). If we cannot comply with a request, or cannot fully comply with a
request, the response we provide will also explain the reasons we cannot
comply.

We will not discriminate against you for exercising any of your CCPA
rights.

Nevada Privacy Rights:

If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you.  We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at privacy@pearlmedia.com.