SHUFFLE PRIVACY POLICY

Last Updated: August 27, 2018

 

Protecting the privacy of users (“User”) is important to Shuffle LLC, d/b/a Shuffle (“Shuffle”) and its employees. Shuffle is committed to protecting Users’ privacy and wants Users to understand what information Shuffle collects and how it uses it. This Privacy Policy (the “Policy”) sets forth how Shuffle protects a User’s privacy when the User accesses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle.

This Policy applies to any User who accesses or uses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle. This Policy applies to the Personal Information and Non-Personal Information (as defined below) that a User discloses or transmits to Shuffle via its website(s), mobile application(s) or other products and/or services, or that is collected by Shuffle in the course of a User’s use of Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle.

 

1. Consent to Privacy Policy. By using Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle, a User expressly agrees to the collection, use, and disclosure of certain Personal Information and Non-Personal Information as set forth in this Policy. If a User does not consent to the limited collection, use, and disclosure of Personal Information and Non-Personal Information as described in this Policy, the User is not permitted to use Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle. If a User has any questions about this Policy, the User may contact Shuffle directly for more information. This Policy is incorporated into and is subject to the Shuffle Terms of Use.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING SHUFFLE’S WEBSITE(S), MOBILE APPLICATION(S), OR OTHER PRODUCTS AND/OR SERVICES, A USER ACKNOWLEDGES THAT THE USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND THE SHUFFLE TERMS OF SERVICE. IF A USER DOES NOT AGREE TO THIS PRIVACY POLICY, THE USER SHOULD NOT ACCESS OR USE SHUFFLE’S WEBSITE(S), MOBILE APPLICATION(S), OR OTHER PRODUCTS AND/OR SERVICES.

 

2. Collection of Information. The information Shuffle collects about Users falls into two categories: (1) Personal Information, which includes information a User supplies when interacting with Shuffle’s website(s), mobile application(s), or other products and/or services and (2) Non-Personal Information collected through technology, which includes tracking information automatically collected as a User uses Shuffle’s website(s), mobile application(s), or other products and/or services.

2.1 Personal Information. Personal Information (the “Personal Information”) is any information that identifies a User personally, either alone or in combination with other

information available to Shuffle. Personal Information may include, but is not limited to a User’s name(s), address(es), phone number(s), email address(es), date of birth, and account password. Access to certain of Shuffle’s website(s), mobile application(s), or other products and/or services may require the disclosure of Personal Information. Personal Information may be disclosed in any medium, including email(s), text message(s), website posting(s), and any other form of communicating Personal Information.

2.2 Non-Personal Information. When a User uses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle, Shuffle may collect certain information about the User’s use of Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle (“Non-Personal Information”). Non-Personal Information may include such information as a User’s web requests, Internet Protocol address, browser type, browser language, the date and time of a User’s request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, cookies that may uniquely identify the User’s browser, and elements employed in Shuffle’s mobile application(s). Non-Personal Information, which may be collected passively using various technologies, may or may not specifically identify the User. Shuffle may store such information itself or it may be included in databases owned and maintained by Shuffle’s affiliates, agents, or service providers.

Shuffle and its affiliates, agents, or service providers may use cookies. A cookie is a small data file stored by a User’s web browser on the User’s computer's hard drive. Cookies enable Shuffle to identify a User when the User uses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle. Cookies also enable Shuffle to understand how a User arrives at Shuffle’s website(s) and/or mobile application(s) and what pages the User visits on Shuffle’s website(s) and/or mobile application(s). Shuffle may use information obtained from cookies to personalize a User’s experience. Shuffle does not use cookies to track a User’s activity on sites other than Shuffle’s website(s) and/or mobile application(s). Shuffle and its affiliates, agents, or service providers may present links in a format that enables Shuffle to track whether the links have been followed.

 

3. Use of Information. Shuffle only processes and uses Personal Information for the purposes described in this Privacy Policy. Such purposes may include (i) operating, maintaining, and providing Users all of the features of Shuffle’s website(s) and mobile application(s), including the display of customized content and advertising; (ii) establishing contact with Users to deliver special offers, promotions or other information; (iii) auditing, research and analysis in order to maintain, protect and enhance Shuffle’s website(s) and mobile application(s); (iv) ensuring the functionality and usability of Shuffle’s website(s) and mobile application(s); (v) installing and monitoring elements for security purposes; (vi) creating User profiles that permit Shuffle to better understand what information a given User might like to receive from Shuffle; (vii) providing Users with information and notices related to Shuffle; (viii) inviting Users to participate in surveys conducted by Shuffle; (ix) developing new products and services; and (x) improving Shuffle’s marketing and promotional efforts. Other uses by Shuffle of a User’s Personal Information and Non-Personal Information may include the following.

3.1. Marketing. Shuffle may use a User’s Personal Information to send commercial or marketing phone calls, text messages, or email messages to a User without a User’s express consent, unless the User has opted out of receiving such messages. Shuffle’s Terms of Use state the protocol for opting out of Shuttle messages. All Users may receive certain emails from Shuffle related to the proper functioning of the User’s Account, as defined in Shuffle’s Terms of Use.

3.2. Research. Shuffle may conduct research on User demographics, interests, and behavior based on the Personal Information and Non-Personal Information provided to Shuffle (“Research”). Research may be compiled and analyzed on an aggregate basis and Shuffle may share this aggregated information with Shuffle’s affiliates, agents and business partners, for any lawful purpose. Aggregate information does not identify any User personally.

3.3. Sharing of Personal Information. Shuffle will limit its sharing of Personal Information as follows: (i) Shuffle will share Personal Information upon obtaining User consent; (ii) Shuffle will share Personal Information to the extent required by law (such as in response to a subpoena); and (iii) Shuffle may share Personal Information with service providers and/or suppliers to support Shuffle’s business operations, provided said service providers and/or suppliers have agreed to maintain the security of Personal Information and refrain from using it for any purpose other than supporting Shuffle’s business operations.

3.4. Business Transfers. In the event that Shuffle or substantially all of Shuffle’s assets are acquired by an unrelated third party, Users’ Personal Information and Non-Personal Information may be one of the transferred assets. If such an event happens, Shuffle will make a reasonable effort to provide notice to Users before Personal Information is transferred and becomes subject to a different privacy policy. In the negotiation of any potential merger, acquisition, or sale of Shuffle, it may share with third parties certain pieces of aggregated, Non- Personal Information. In the event of Shuffle’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Shuffle may not be able to control how Users’ Personal Information and Non-Personal Information is treated, transferred, or used but will make a reasonable effort to inform Users of the transfer of their Personal Information.

 

4. Security. Shuffle and its affiliates, agents, or service providers take reasonable steps to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of the Personal Information transmitted or disclosed by a User to Shuffle. Such steps may include internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where Personal Information is collected, stored, and/or maintained. No Internet or e-mail transmission, however, is ever fully secure or error free. Shuffle does not warrant or ensure the security of any Personal Information or any other information that a User transmits or discloses to Shuffle. Shuffle also cannot guarantee that any such information will not be accessed, disclosed, altered, or destroyed by breach of any of Shuffle’s physical, technical, or managerial safeguards. Therefore, a User should take special care in deciding what information is transmitted or disclosed to Shuffle.

When a User accesses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle, Shuffle may require that a secure connection between a User’s computer and Shuffle’s server be established. To accomplish this, Shuffle and its affiliates, agents, or service providers may use a technology called Secure Socket Layers (SSL), an encryption technology that works with most browsers. A secure connection is maintained until a User leaves the secure area. Although SSL encryption is intended to safeguard the confidentiality of Personal Information as it travels via the Internet, ironclad security does not exist on the Internet, and accordingly, Shuffle cannot guarantee the safety of the transmission of any Personal Information over the Internet.

 

5. Other Provisions.

5.1. Servers. Shuffle may possess Personal Information and/or Non-Personal Information on servers located in the United States or in other countries.

5.2. Exclusions. This Policy shall not apply to any unsolicited information a User provides to Shuffle (“Unsolicited Information”). Unsolicited Information includes (i) information posted to any public areas of the Shuffle website(s) and/or mobile application(s); (ii) any ideas for new products or modifications to Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle, and (iii) User Content, as that term is defined in Shuffle’s Terms of Use, that by its nature is accessible or intended to be accessible to other Users of Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle. Unsolicited Information shall be deemed to be non-confidential and Shuffle shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

5.3. Data Integrity. Shuffle processes Personal Information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. Shuffle takes reasonable steps to ensure that Personal Information is accurate, complete, and current, but depends on Users to update or correct their Personal Information whenever necessary.

5.4. Accessing and Updating Personal Information. When a User accesses Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle, Shuffle makes good faith efforts to provide that User with easy access to the User’s Personal Information and an opportunity to either correct the Personal Information if it is inaccurate or to delete the Personal Information upon the User’s request, provided that the Personal Information is not otherwise required to be retained by law or for legitimate business purposes. Users must identify themselves and the information requested to be accessed, corrected, or removed and Shuffle may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where Shuffle provides information access and correction, it performs this service free of charge, except if doing so would require a disproportionate cost or effort.

5.5. Third-Party Advertisers and Ad-Serving Companies. Advertisements that appear on Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle may sometimes be delivered (or “served”) directly to Users by third-party advertisers or ad network companies (collectively, the “Third Party Advertisers”). Third Party Advertisers may automatically receive a User’s IP address or other information about the User’s mobile device or personal computer when serving advertisements. Third Party Advertisers may also download cookies to a User’s computer or use other technologies such as JavaScript and “web beacons” to measure the effectiveness of the advertisements served and to personalize advertising content. Third Party Advertisers may use information obtained thereby to recognize a User’s computer or mobile device each time the Third Party Advertiser sends a User an advertisement in order to measure the effectiveness of the ad and to personalize advertising content. Further, Third Party Advertisers may use aggregated information (not including Personal Information) about a User’s access of Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle in order to provide advertisements about goods and services of potential interest to Users. Shuffle does not access or have control of the cookies that may be placed by Third Party Advertisers. Third Party Advertisers do not have access to Personal Information unless a User chooses to share it with them. This Policy does not apply to the use of tracking technologies or Personal Information by Third Party Advertisers.

5.6. Other Sites. This Policy applies to Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle. Shuffle does not exercise control over any third party websites. Third party websites accessed by a User may place their own cookies or other files on a User’s computer, collect data, or solicit Personal Information from a User. Links to third party websites from Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle do not imply Shuffle’s review or endorsement of the third party websites.

5.7. Privacy of Children. Shuffle does not attempt to knowingly solicit Personal Information from to children under the age of 13. If Shuffle learns that someone under the age of 13 has provided Personal Information without his or her parent’s or guardian’s consent, Shuffle will use reasonable efforts to remove such information from its records.

5.8. Enforcement. Users may direct inquiries regarding enforcement of this Policy to Shuffle through its website(s) and/or mobile application(s). Upon receipt of an inquiry, Shuffle will investigate the same and provide a response to the User. Shuffle will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved directly between Shuffle and a User.

5.9. Notice of Privacy Rights to California Residents. California law requires that Shuffle provide Users with a summary of privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, Shuffle will provide the categories of personally identifiable information that Shuffle collects through Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at a User’s request. California law requires Shuffle to inform a User, upon request: (i) the categories of personally identifiable information Shuffle collects and what third parties Shuffle shares that information with; (ii) the names and addresses of those third parties; and (iii) examples of the products marketed by those companies. The Act further requires Shuffle to allow a User to control whom the User does not want us to share that information with. To obtain this information, please send a request by email or standard mail to Shuffle. When contacting Shuffle, a User should identify the User’s name, address, email address, and what personally identifiable information the User does not want Shuffle to share with affiliated businesses or marketing partners. The request should be labeled “California Customer Choice Notice.” Shuffle may take up to thirty (30) days to respond. There is no charge for a User’s request to control the sharing of personally identifiable information or giving notice under this Section 4.9.

5.10. Survival of this Policy. If a User closes the User’s account or becomes inactive, Shuffle will continue to adhere to the provisions of this Policy with respect to Personal Information and Non-Personal Information Shared by the User.

5.11. Changes to this Policy. The Policy may change at any time and without prior notice. Any revised version(s) of the Policy will be promptly posted on Shuffle’s website(s) and mobile application(s). Shuffle will not reduce User rights under the Policy without each User’s explicit consent. A User’s continued use of Shuffle’s website(s), mobile application(s), or other products and/or services offered by Shuffle constitutes the User’s agreement to this Policy and any future revisions by Shuffle.