Effective As Of: April 15, 2021
We are committed to protecting your personal information and your right to privacy.
Age of Consent
We fully comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
Information We Collect
Whenever you visit our Website, join our email list, contact us through our Website or offline, interact with us on social media, make purchases on our Website, our use our Services, we collect different types of information from you. This may include the collection of personal Data by which you may be identified personally, such as your name, email address, telephone number, postal address, demographic information (age, gender, education level etc.), and any other identifying information (“Data”). The Data collected may also include financial data such as credit card or bank details related to your payment method, which is transferred to our third-party payment processors (such as PayPal, Stripe, etc.). You should review the privacy policies of these third-party payment processors. We also may collect derivative data when you visit and use our Website including your IP address, the date and time of your visit. Furthermore, if you access our Website via a mobile device or app, we may collect information from your device such as location information, model and manufacturer, and device ID.
Through social networking websites and apps, like Facebook, Twitter, Instagram, and other social networking sites, we may also access publicly available information such as your name, account username, profile photo, email address, age, location, gender, and any other publicly displayed information. You may limit this access by changing your privacy settings on each social networking site. If you provide us with additional information to participate in a survey, raffle or giveaway, that information will also be subject to the terms of this policy.
How and Why We Collect Data
With your consent, we collect Data that you provide to us manually (for example, if you join our email list by opting in for a free resource). Our legal basis for collecting this Data is your consent.
The Data we collect is used to create and administer your account, generate a personalized profile for you, compile statistics on site use, analyze trends, correspond with you, deliver targeted advertising, process payment, refunds, deliver any goods or services you purchased, communicate new products and services we think you might be interested in, update you on products and services, request feedback from you, resolve and troubleshoot disputes and problems, prevent fraudulent use of our Website, and assist law enforcement when necessary. Our legal basis for collecting this Data is our legitimate interests in monitoring and improving our Website, business operations, marketing efforts, and proper protection of our business against risks.
Similar to other commercial websites, our Website utilizes a standard technology called “cookies” and server logs to collect information through Automatic Data Collection Technology about how our site is used. A cookie is a very small text document, which often includes an anonymous unique identifier. We may use session cookies that expire when you close your browser and persistent cookies that remain on your computer until you delete them. You can accept or decline cookies in your web browser settings. No personal identifiable information will be included in cookies and, other than the methods described above, we will not use any other mechanisms to capture data on our Website.
To obtain statistical data and to provide you with relevant information, we also may collect data on the way you use our Website including your browsing activity, browsing patterns, IP address, device information, internet connection, and other actions via Google Analytics and Facebook Pixels. We use these technologies in compliance with all policies of the third-party providers. Our legal basis for collecting this information is our legitimate interests in monitoring and improving our Website, business operations, marketing efforts, and proper protection of our business against risks.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, via mail, and via telephone.
How Long Your Information Will Be Stored
We use reasonable measures to ensure that your information remains confidential at all times. Personal Data is stored through a data management system. For as long as you choose to remain on our email list, we will retain a minimum amount of personal Data including your name, email address and your behavior on our Website. Any additional personal Data will be retained as long as necessary to fulfill legal obligations, resolve disputes, or as reasonably determined.
Information Protection and Security
We use commercially reasonable methods to safeguard the personal Data you provide to us and the personal Data we collect automatically. We use reasonable online security measures and reputable third-party vendors that are compliant with generally accepted security and safety measures, including a Secure Sockets Layer (SSL) on our Website to help secure information. Please note that we cannot guarantee that all information transferred will be secure and, if we become aware of a data breach, we will notify the necessary parties in a timely manner of all the information we have.
By using our Website or Services, you agree that, should your information be intercepted in this way without our knowledge, consent, or permission, you will hold harmless The Social Media Posse LLC including a release of any and all claims related to use of such information by such an unauthorized party.
Due to the nature of our business and information collection activities, we have determined that we do not process sensitive data on a large scale, nor do our core activities involve processing operations that require regular or systematic monitoring of data subjects. For these reasons, we have concluded it is not necessary to appoint a Data Protection Officer.
Disclosure of Your Information to Others
For very limited purposes, like legal assistance, accounting, or technical support, we may share your confidential information with necessary third parties. When that happens, any parties who accesses your information will keep your information confidential. To the best of our ability, we will not share your Data with any unnecessary parties. If, in good faith, we determine that disclosure of your information is necessary to protect the rights of our business or comply with the law, prevent or mitigate a crime, or protect the rights or safety of our other website users, we may do so. We may also disclose necessary information in the event of a sale of The Social Media Posse LLC.
We are not responsible for the policies or any information handling of third-party websites or third-party apps.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact us. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Users who no longer wish to receive our emails or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
California Online Privacy Protection Act (CalOPPA)
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. We currently don’t take action in response to these signals.
If you are a California resident, once a year and free of charge, you have the right to request and obtain from us: information about what data we disclose to third-party marketers, and the names and addresses of each third-party we disclose your personal Data to. You may use the contact information listed below to make any such requests.
California Consumer Privacy Act (CCPA)
This section provides additional details about California consumers and the rights afforded to them under the California Consumer Privacy Act or (“CCPA”). Under CCPA “Personal Information” is defined as anything that identifies, relates to, describes or is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California consumer household. In the last 12 months, we collected the following categories of personal information subject to the CCPA:
We collect this information for the business and commercial purposes described above. We share this information with the categories of third parties described above. We do not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing you with a right to opt out).
The CCPA requires opt-in consent to information use for minors under the age of 16 and verified parental consent for children under the age of 13. We do not knowingly collect or process the information of children.
Subject to certain limitations, the CCPA provides California residents the right to request, free of charge, to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected] We will verify your request using the information associated with your account, by asking you to provide information that matches information we have on file about you. You can also designate an authorized agent to exercise these rights on your behalf, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.
GDPR Compliance and Privacy Shield Notice
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). To comply with the GDPR, we confirm that we have lawful grounds for processing the information we collect from you and a legitimate interest to respond to user inquiries. At any time, you may request that your information be deleted or edited. No sensitive personal data is collected. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are also compliant with the General Data Protection Regulations.
If you reside in the EU, we may collect and transfer your Data to the U.S. only with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of The Social Media Posse LLC. Whenever appropriate and feasible, we enter into model clauses and data processing agreements with vendors to protect and maintain your privacy.
Legal Basis for Storage of Data Collected under GDPR
We process personal Data based on consent according to Art. 6(1) of the GDPR, which you are free to give or refuse. Art. 6(1) lit. (a) of the GDPR serves as the legal basis for processing data for which we have obtained your consent to process. Art. 6(1) lit. (b) of the GDPR serves as the legal basis for processing your personal Data when it is necessary to fulfill a contract or a contract-like relationship with you. Art. 6(1) lit. (c) of the GDPR serves as the legal basis for processing your personal Data to fulfill a legal obligation. Art. 6(1) lit. (f) of the GDPR serves as the legal basis for processing your personal Data when it is necessary to safeguard our or a third-party’s legitimate business interests, or your fundamental rights, freedoms, or interests that do not require the protection of your personal Data.
Third Party Links Are Not Covered by This Policy
Jurisdiction and Applicable Law
The servers and parties that make this Website available are located within the United States. All matters relating to the Website will be governed by the laws of the United States and the State of Utah as well as the General Data Protection Regulation (GDPR), as it applies to residents of the European Union.
The Social Media Posse LLC welcomes your questions or requests regarding this policy. Please contact us at:
The Social Media Posse LLC
6890 S 2300 E
Cottonwood Heights, UT 84121