Last Updated: September 22, 2020
“Affiliate(s)” means Daily Shot’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, Content Providers, partners, sponsors, advertisers and advertising providers, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform, the Content and any of our other Services.
“App” means any software applications or mobile device applications from time to time made available by Daily Shot, including any application that may be downloaded, installed or made otherwise accessible on a User’s computer or mobile device via the Site, web applications, the Apple App Store, the Google Play Store, or other similar platforms.
“Content,” means any content, article, summary, material, information, data, chart, table, figure, instructions, media, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Platform or other Services.
“Content Providers” means any third parties that provide Content or Third Party Materials that may be included in, linked to or otherwise made available via the Content or other Services.
“User” or “you” or “your” (and similar terms) means any person that visits, views, uses or accesses any portion of the Platform or any of the other Services.
Types of Information Collected. In order to better provide Users with access to the Platform and Daily Shot’s other numerous Services, Daily Shot collects two types of information about Users: Personally Identifiable Information and Non-Personally Identifiable Information (collectively referred to as “User Information”). Daily Shot’s primary goals in collecting information from User are to provide User with a smooth, efficient, and customized experience while using the Platform or any of Daily Shot’s other Services, to provide the Services and to collect information related to the Platform and the other Services.
4.2 Non-Personally Identifiable Information. Non-Personally Identifiable Information refers to information that does not by itself identify a specific User. Daily Shot’s service providers (e.g., Google Analytics) may gather certain Non-Personally Identifiable Information about Users based upon their access to and use of the Platform and/or our other Services, including, but not limited to: traffic data, location data, logs, communication data, the resources that a User accesses and uses on or through the Platform and/or our other Services, the website’s Uniform Resource Locator (“URL”) from which User just came, and to which URL User next goes. It can also include including information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, and mobile network information. This information can be compiled and analyzed on both a per-user and an aggregated basis. We may also collect other Non-Personally Identifiable Information. In certain cases Non-Personally Identifiable Information may be combined with Personally Identifiable Information in which case all resulting or connected data will be considered Personally Identifiable Information.
4.3 Information from Third Party Sites. We may receive access, store and/or use User Information that is collected by third party service providers and our other vendors related to your use of the Services (e.g. Google Analytics, Stripe, PayPal, MailChimp, etc.).
5. Collection of User Information.
5.1 Disclosure of Personally Identifiable Information. Daily Shot generally does not collect any Personally Identifiable Information about a User unless that User voluntarily provides it to Daily Shot or it is related to use of a Service. User provides certain Personally Identifiable Information to Daily Shot when User (i) submits web forms or provides/imports information through the Platform, including information provided at the time of registering to receive, access and use the Platform; (ii) transmits other information by telephone or email, including Daily Shot’s “contact us” web form; (iii) connects third party accounts or facilitates access by the Platform to such third party sites; (iv) subscribes to certain Premium Features or other paid Services; or (vii) provides it via other methods Daily Shot may request or allow from time to time. Daily Shot may also collect information from a User at other locations on the Platform that state that such information is being collected.In certain cases, we may collect Personally Identifiable Information related to your use of the Services automatically after you have subscribed to or purchased a Premium Feature or other paid Service (e.g. we may identify Users after purchase of a Premium Feature or paid Service to ensure that payment has been made and User is using the Premium Feature or Service in accordance with its terms).
5.3 Other Potential Methods for Collecting User Information. Daily Shot, and/or its Affiliates or its service and technology providers may use various other methods to collect Personally and Non-Personally Identifiable Information about Users. These methods may include, but are not limited to (i) cookies – a small text file containing a string of alphanumeric characters placed on User’s computer or mobile device that identifies User’s web browser; (ii) analytics and user tracking technologies that may allow us to monitor what actions Users take on the Platform or otherwise with respect to the Services; (iii) log Files – information, which is automatically reported by User’s web browser each time User views a web page, possibly including, but not limited to, User’s IP address, browser type and user agent string, and language, number of clicks, domain names of websites visited, pages viewed, and the order of those pages, the amount of time spent on particular pages, the date and time; (iv) clear gifs – web beacons, which are pieces of data used to track the online usage patterns of Users anonymously, and which may also be used in HTML-based emails sent to Users to track which emails are opened by recipients – for instance, MailChimp (the service provider we use in connection with Newsletter delivery) utilizes web beacons for tracking purposes; (v) third party service-based technologies and information, including, but not limited to, linked services (such as Google Accounts) that User authorizes to share information about User with Daily Shot; (vi) other social media or third party site connects or authorizations to share information’ (vii) other available technologies that may be integrated into the Platform or the other Services; and (viii) requests for data or information collected through the Platform or the other Services.
6. Use of User Information. Daily Shot (and its service providers) will use User Information to:
- Provide and operate the Services;
- Enable You to access and use the Services;
- Deliver information to Users and to contact Users regarding administrative notices;
- Respond to Your requests, inquiries, comments and concerns;
- Evaluate and improve the Services, and our other products and services and to develop new products, services, features and benefits;
- Provide technical, product and other support for the Services;
- Engage in advertising and provide You with special offers and other information about the Services as well as other products, events and services of ours, our Affiliates, and non-affiliated third parties
- Identify usage trends and for data analysis, including for purposes of research, audit and reporting;
- Process and credit payment transactions;
- Comply with our legal obligations, resolve disputes, and enforce our agreements; and
- For our business and commercial purposes as described below.
Daily Shot uses User Information generally in our business operations and activities and for any of our commercial purposes consistent with applicable law. We may also match or combine User Information that You provide with information that we obtain from other sources or that is already in our records, whether collected online or offline or by predecessor or affiliated group companies, for the purposes described above.
If Daily Shot should ever file for bankruptcy or have Daily Shot’s assets sold to or merge with another entity (or otherwise engage in any business combination or similar transaction), information Daily Shot receives from User through use of the Services is Daily Shot’s asset and may be transferred without any restriction.
7. Sharing of User Information. Daily Shot may share and disclose User Information with third parties, including as follows:
- Our Service Providers. We may engage third parties to provide certain portions of the Services and we may provide User Information to them in order to facilitate their activities (e.g. hosting, data analysis, payment processing, infrastructure provision, IT services, customer service, email and Newsletter delivery services, credit card processing, etc.). Please review our Subprocessor List for additional information regarding our service providers and subprocessors and their privacy practices.
- Affiliates. We may share your User Information with our Affiliates who will use such information in accordance with their own privacy policies.
- Partners. We may share your User Information with our corporate partners and other third parties related to our business or for their business purposes. This may include third party advertisers for their marketing purposes.
- Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger, sale or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including User Information, to the party or parties involved in the transaction as part of that transaction.
8. Updating and Correcting Information. Daily Shot believes Users should have the ability to access and edit the Personally Identifiable Information that you have provided to Daily Shot. Users may contact Daily Shot to determine what Personally Identifiable Information we have on such User by contacting Daily Shot through the appropriate contact information or web forms located on the Platform.
Please include first and last name, address, and email address when contacting Daily Shot. Daily Shot encourages each User to promptly update their Personally Identifiable Information if it changes. In addition, it may be impossible to completely delete a User’s Personally and Non-Personally Identifiable Information without some residual information because of reasons including, but not limited to, server backups and disaster recovery. User acknowledges that altering, updating or deleting any Personally or Non-Personally Identifiable Information may alter the functioning or operation of the Services for User.
9. User Choices on Collection and Use of Information.
9.3 Opt-Out. At any time, you may opt out of allowing us to use your Personally Identifiable Information by contacting us at the information set forth below in Section 14. We will process your request within a reasonable time. However, please note that in certain instances, we may have already used or shared your Personally Identifiable Information consistent with this Policy prior to your opt out. In addition, you may not be able to use the Services if you opt-out. For instance, we may not be able to deliver the Newsletter to you.
10. Security of Information. The importance of security for all Personally and Non-Personally Identifiable Information associated with Daily Shot’s Users is important to Daily Shot. Daily Shot values the privacy and security of User Information and uses reasonable efforts to protect User’s Personally and Non-Personally Identifiable Information so that it is secure. However, User acknowledges that no data transmission or hosting over the Internet or any wired or wireless network can be guaranteed to be 100% secure and neither can the storage of such data or information. As a result, while Daily Shot strives to protect User’s Personally and Non-Personally Identifiable Information, User acknowledges that (i) there are security and privacy limitations of the Internet and mobile platforms which are beyond Daily Shot’s control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and Daily Shot through the Services and data and information that is stored by Daily Shot cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. AS A RESULT, WITH REGARD TO THE SECURITY AND INTEGRITY OF PERSONALLY AND NON-PERSONALLY IDENTIFIABLE INFORMATION, USER USES THE PLATFORM AND ALL OF THE OTHER SERVICES AT USER’S OWN RISK.
12. Third Party Providers; Scope.
12.1 Third Party Providers. As described above, we may use third party service providers to facilitate use and operation of the Platform and for other Services related activities. Your User Information may be provided to and used by such third parties. For example, we use Stripe and Paypal for payment, analytics, and other business services, we use Google Analytics for analytics services related to our Platform and we use MailChimp for email delivery and related tracking purposes. These third party service providers are considered subprocessors under applicable data privacy laws. Please review our Subprocessor List for additional information regarding our subprocessors and their privacy practices.
13. Do Not Track Disclosures; California Requirements.
13.2 Request of Information for California Users. California Civil Code Section 1798.83 entitles California Users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California Users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “How to Contact Us” section below.
14. Miscellaneous Issues.
14.1 Age Policies. User must be at least 18 years old to have Daily Shot’s permission to use any of the Services. Daily Shot’s policy is that Daily Shot does not knowingly collect, use or disclose any Personally Identifiable Information (or other information) about Users that are under 13 years of age.
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