1. Introduction.
(a) This privacy policy (“Privacy Policy”) explains how Themagazinecity.com, LLC (“TMC“, “we” and “us”), treat the information that is collected when you visit the website, mobile-optimized version of the website, and digital applications to which this policy is linked (the “Website“). The term “Website” includes all subdomains of the Website and any content, code, data, services, features or functionality made available from or through the Website. It explains the types of information we collect regarding users of the Website and how we may use that information so you can make an informed decision about whether to view the content and/or use the services on the Website. This Privacy Policy applies to information we collect via the Website however accessed and/or used, whether via personal computers, mobile devices or otherwise (“Device”). This Privacy Policy is incorporated into and subject to the Website’s Terms of Use. Each time that you access or use the Website, you agree that you have read, understand and agree to be bound by the Terms of Use and the Privacy Policy and you expressly consent to the collection, use and disclosure of your information, including without limitation, Personally Identifiable Information in accordance with this Privacy Policy. For the purposes of this Privacy Policy, “Personally Identifiable Information” or “PII” is information that we can use to identify or contact you as an individual, and includes your name, email address, address, telephone number and any other information that we associate with any of the foregoing.
If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using the Website and all services and features therein.
(b) We may offer the print and digital magazines, websites and other editorial properties published by TMC (the “Publications”) through certain third party websites via subscription pages on such third party websites that are linked to this Privacy Policy. For the avoidance of doubt, such subscription pages are considered “Websites” and this Privacy Policy applies to information collected through the subscription pages, but does not apply to information collected through the third party website.
(c) Except as specified herein, this Privacy Policy does not apply to information you may provide to us offline; however please do be aware that if you subscribe offline to one of the Publications, from time to time we make your postal addresses available to companies for marketing purposes.
(d) Certain features of the Website may be subject to additional or different privacy provisions, which will be posted on the Website in connection with such features. All such additional or different privacy provisions are incorporated by reference into this Privacy Policy.
2. Information That is Collected.
(a) Information You Provide To Us.
Personal Information. When you enter a sweepstakes or contest, complete a survey, participate in a reader panel, register for those portions of the Website that may require registration, register for one of our summits or other events, make a purchase, participate in our social networking features, request back issues of our Publications, subscribe to our Publications, subscribe to receive newsletters, promotional correspondence, or other electronic services, or send us an email or feedback, you may be asked to provide PII such as your e-mail address, name, phone number, shipping address, and billing information, and we (or third party service providers on our behalf) will collect such information as well as any other content you provide us in engaging in any of the above activities. Information such as your age, date of birth, gender, hobbies or interests may also be requested. If you elect to post material to any blogs, forums, participate in our social networking features or other community boards that may be offered on the Website, then such materials will be collected and some information, including your posted pseudonym, may be publicly available for others to view.
Billing and Credit Card Information. To enable payment for subscriptions to our Publications, our vendors collect and store billing and credit card information. This information may be shared with us, and will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit cards. We also use third party platforms to process payments for some of our events and summits, and these third party platforms may collect and store billing and credit card information. The processing of your billing and credit card information by these third party platforms are subject to their privacy policies. The Website may accept billing and credit card information by phone or mail to process payments for advertisements and listings. This information will only be used by us to process the authorized payments.
Social Networking Information. You may be given the option to link your account on a third party social networking service with the Website. In that case, the authentication of your login credentials are conducted through that third party service provider. When you link your social networking accounts with the Website or engage with the Website through third party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those social networking media platforms. In addition, as you interact with the Website, you may also be providing information about your activities to the third party social networking services. You should make sure that you are comfortable with the information your third party social networking services may make available to us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. As noted below, we reserve the right to use, transfer, assign, sell, share and provide access to all information that we receive through these third party social media services in the same ways described in this Privacy Policy. You agree that we shall not be liable for the use by social networking services of any information.
(b) Information Collected As You Access and Use the Website
In addition to any PII or other information that you choose to submit to us, to provide you with services and content that are more customized to your interests, TMC and our third-party service providers and advertisers may use a variety of technologies (including cookies, Flash cookies, web beacons and embedded scripts) (“Tracking Technologies”) that automatically or passively collect information when you visit or interact with the Website (the “Usage Information”). This Usage Information may include, without limitation, the browser that you are using, your IP address (“Identifier”), the URL that referred you to the Website and all of the areas within the Website that you visit. We may use Usage Information for a variety of purposes.
Usage Information gathered from your use of the Website may be combined with information from third party sources to identify your location by state and region. More specific Usage Information may be collected for the Website (“Geolocation”), as set forth below.
Some of the more common Tracking Technologies used to collect Usage Information include, without limitation, the following:
Cookies and other technologies. (i) A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Some of our cookies may be local shared objects, also known as Flash cookies. Cookies are stored on users’ hard drives. We use both “session cookies” (which expire once you close your web browser) and “persistent cookies” (which stay on your computer until you delete them). TMC uses cookies to understand site usage and to improve the content and offerings on the Website and in other media. We may use cookies to control the display of ads, to track usage patterns on the sites, to deliver editorial content, to record requests for subscriptions and to personalize information. Our cookies may contain Personally Identifiable Information in an encrypted format and such cookies may be shared with others to the same extent indicated herein, including in Section 3 below. TMC (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis (“Anonymous Information“). We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.
(ii) Some of our third party partners (including advertisers and marketing services companies) may set and access cookies and similar Tracking Technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom, and this Privacy Policy does not cover any use of information that such third parties may have collected from you or the methods used by the third-parties to collect that information.
(iii) If you don’t want cookies to be utilized when you visit the Website, most Web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Website may not function efficiently. Flash cookies may regenerate HTTP cookies that you have affirmatively deleted. Deleting, rejecting, disabling or turning off HTTP cookies as described above will not remove flash cookies. We use flash cookies as an alternative method to HTTP cookies for storing information about your web browsing history across unaffiliated domains, unrelated to the delivery of content through the Flash Player or the performance of the Flash Player in delivering such content. You can manage and delete Flash cookies by visiting: http://kb2.adobe.com/cps/526/52697ee8.html.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “clear GIFs” or “pixel tags“) or similar technologies may be included in our web pages and messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, to monitor how users navigate the Website, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your computer or other device, is active only while you are connected to the Website, and is deactivated or deleted thereafter.
HTML. HTML, the language some websites are coded in, may be used to store information on your computer or device about your interaction with and use of the Website. This information may be retrieved by us to help us manage the Website, such as by giving us information about how the Website is being used by our visitors, how it can be improved, and to customize it for our users.
Please note the following processes by which we may also collect certain information about you:
IP Address. Your Internet Protocol (“IP“) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your library. Our server may record your IP and also the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on the Website, the web sites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address for a variety of purpose, including to help diagnose problems with our servers, gather broad demographic information, and administer the Website. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our subscription or usage rules and policies or terms of service or to protect the Website, customers or others.
Geolocation Information. For the mobile Website, we may, and may enable a third party such as an advertiser to, ask you if you wish us to collect your geolocation in order to provide you with information about goods and services within your geographic location. If you agree to have your geolocation collected, we and the third party, as applicable, will maintain information about your geolocation to facilitate your searching or implement other functionality in the Website, such as to serve targeted advertising. In addition, when you have geolocation software running on your mobile phone, computer or other device, we may collect that information as controlled by your privacy settings on those devices. By using such service, you hereby consent to our collection, use and disclosure of your geolocation information as described.
(c) Information We Collect From Third Parties.
We may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other demographic information and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes. We may also acquire information from other sources about your visits over time and across other third party web sites, in order to serve more targeted advertising to you on the Website. Those third parties have privacy policies that differ from this Privacy Policy.
(d) Information You Provide About A Third Party.
At the Website and through certain promotions, you may be able to submit information about other people. For example, you might submit a person’s name, mailing and/or email address or phone number, to send a gift or electronic greeting card. This information is used to facilitate the communication or provide the service and may otherwise be used as set forth herein. If that person becomes a subscriber to one of more of our Publications, or becomes an attendee or sponsor or speaker at one of more of our events, his/her information will be treated in the same manner as all others in that category. Please be aware that when you use any send-to-a-friend functionality on the Website, your email address may be included in the communication sent to your friend.
3. How We Use and Share the Information Collected.
In addition to the other disclosures described in this Privacy Policy, TMC may (and you authorize us to) share or disclose information collected from and about you on the Website, including PII, to other companies or individuals in the following situations:
(a) Provide, Manage and Improve our Services. TMC uses information we collect from you in part to provide you with the goods and service you have requested (e.g., you indicated you wanted to receive promotional materials directly from a third party partner, or you furnished us information, including PII, with the intent that it be forwarded to a third party for use in connection with a specified service you are electing to participate in, such as an e-commerce partner), to respond to inquiries, to administer the Website and for other lawful business purposes. We also use the information in connection with advertising and to serve other content, as described below.
We may provide access to information, including PII, to certain vendors that are performing services on our behalf, including fulfilling subscriptions to our Publications, managing our email lists and sending email messages on our behalf, processing payments, providing customer support and performing other administrative services, in order to carry out such services (the “Service Provider Use”).
We also use the information we collect and obtain about you to measure and improve the Website, to customize certain features of the Website, to deliver relevant content and to provide you with an enhanced experience based on the type of device you are using.
(b) Transactional Communications. We sometimes use the information collected to communicate with you, such as to notify you when you have won one of our contests or sweepstakes or other promotions (a “Promotion”), when we make changes to subscriber agreements, to fulfill a request for you for an email newsletter, or to contact you about your account. If you wish to unsubscribe from our email newsletters, please follow the unsubscribe/opt-out instructions at the bottom of the newsletter.
(c) Reader Surveys. We may collect PII from you in connection with voluntary surveys about your readership of our Publications, your household/personal characteristics and your purchase behavior. The information you provide in any audience marketing surveys will only be shared in the aggregate with advertisers and partners unless we notify you otherwise at the time of collection. Any other survey results may be shared with advertiser and partners, at our discretion, unless we notify you otherwise at the time of collection.
(d) Editorial Use. In addition, we may use information you provide us through emails, blogs, forums, in response to polls, or through any other user generated submission for editorial purposes, and may use your name and any stories you provide us in articles published in our Publications. If you provide us with personal anecdotes, they may be attributed to you. TMC can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Publications, and in trade media, and advertising. You hereby consent to this.
(e) Marketing. We may combine and use any and all information we collect on you either online or otherwise, including from third parties, for marketing purposes, including sending you promotional emails regarding special offers about our or our affiliates’ products and services or on behalf of third party marketing partners who we think can offer services and products of interest to you. Unless we expressly notify you otherwise at the time of collection, we also may disclose information, including PII, that we receive from you and from third party sources to third parties whose practices are not covered by this privacy statement (e.g. other marketers, magazine publishers, retailers, participatory databases and non-profit organizations) that want to market products or services to you. If you have received a promotional email and do not want further emails about similar promotions or offers from us or, as applicable, the third party marketing partner, simply follow the unsubscribe instructions that are located at the bottom of those emails.
(f) Promotions. By agreeing to participate in a Promotion, you are agreeing to the official rules that govern that Promotion.
(g) Anonymous Information. We may create aggregated, anonymized information about you and other users of the Website from PII by excluding information (such as your name) that make the data personally identifiable to you (as such “Anonymous Information”). We may use this Anonymous Information for any legal purpose and disclose Anonymous Information to third parties in our sole discretion.
(h) Third Party Contests. In some cases you may have entered a contest or sweepstakes sponsored by a third party, in which case the information you provide via the contest or sweepstakes may be shared by us with that third party for their use in their discretion, including direct marketing. Some of our contests and sweepstakes will ask you at the time of entry whether you would like to have your personal information shared with the sponsor, in which case we will honor your selection. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest. The privacy policies of such third party companies apply to their use and disclosure of your information that we collect and disclose to such third party companies.
(i) Affiliates. We may transfer your information, including PII, to other TMC offices and affiliates for internal management and administrative purposes on our behalf.
(j) Administrative and Legal Reasons. Notwithstanding anything herein to the contrary, we may at all times and in any manner access, use, preserve, transfer and disclose your information (including PII), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process, or in connection with a legal investigation, if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Website’s Terms of Use or other policies applicable to the Website, its content, services or functionality, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Website or any third party (for example, if we are trying to collect money you owe us); and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use Identifiers and other information to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion (the “Legal Use”). Such disclosures may be carried out without notice to you.
(k) Sales or Transfer of Business or Assets. In connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise, including via bankruptcy) of all or a portion of the business conducted by the Website to which this policy applies, in which case the company will possess the information collected by us and will assume the rights and obligations regarding your information, including PII, as described in this Privacy Policy (the “Acquisition Use”).
(l) Social Networks. As noted, above, if you use your login credentials from a social networking site (e.g., Facebook or Twitter) on a Website, we may receive information from such social networking site in accordance with the terms and conditions (e.g., Terms of Use and privacy policy) of the social networking site. If you elect to share your information with these social networking sites, we will share information with them in accordance with your election. The terms and conditions of these social networking sites will apply to the information we disclose to them.
(m) Co-Branded Areas. The Website may from time to time partner with a retailer or other third party to offer online shopping opportunities, games, services, subscriptions, registration opportunities for our events and summits and other applications on a co-branded or cross-promotional basis (“Co-Branded Areas”). Those transactions on the Co-Branded Areas may take place on the Website, or the site of the third party. In either case, information, including PII, you provide in connection with the transaction may be collected directly by, or shared by TMC with, the third party, as well as with any participating sponsors or advertisers of such Co-Branded Areas. The Website may offer you the ability to access a third-party site with whom we have a relationship to access both sites through a co-branded registration or password; in that event, your applicable registration information may be collected directly by, or shared by TMC with, the third-party partner. We will notify you at the applicable point of sign up if any such co-branded registration or password practices will be in effect. These third parties will use your information in accordance with their own privacy policy.
(n) Delivery of Advertising and Other Content. In addition to ads and content that we serve you directly, TMC may use third party advertising companies and marketing services to serve ads and other content when you visit the Website and elsewhere on the internet and in other media. We also use analytics services supported by third party companies to perform analytics and track trends. We work with other third parties to provide certain functionalities on the Website and to improve the effectiveness of the Website and its content. Those third party companies may use Tracking Technologies to collect and store Usage Information about you and may combine this information with information they collect from other sources. If you access the Website through a mobile device or app, we may also share your information with mobile carriers, operating systems and platforms.
To provide ads on the Website, we use a variety of third party advertising service providers, including networks, data exchanges, ad servers, analytics providers and others. These third parties may use technology to send, directly to your Device, the advertisements and links that appear on the Website. They automatically receive your Identifier when this happens. The third party service providers, as well as the advertisers themselves, may collect and use information about your visits over time and across the Website and other third party web sites, as well as information received from other sources, in order to serve more targeted advertising to you on the Website. Third parties may also use information gathered from your usage of the Website to serve targeted advertisements to you on third party websites and applications. Google is one of the companies that we use to serve advertising and perform analytics on the Website. We and third party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to help implement the above uses of your information. We also use Google Analytics along with audience data (such as age, gender and interests of users) to help understand users’ visits to the Website and to optimize the content that we serve to users.
To learn about Google Analytics’ currently available opt-outs for the Web, click https://support.google.com/analytics/answer/181881?hl=en. To learn more about how Google uses cookies in advertising, you can visit https://www.google.com/policies/technologies/ads/. You can opt out of receiving interest-based Google Ads, or customize the Ads Google shows you, by clicking https://support.google.com/ads/answer/2662922?hl=en.
We do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies. You should consult the respective privacy policies of these third parties to see your options for opting out of their use of such devices.
Some of the advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. If you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages after you opt-out, but they will not be customized to you based on your use of the Website and/or third party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, you can go to http://www.networkadvertising.org. If you would like to learn more about how interest-based information is collected, whether the companies we use are part of an industry network regarding behavioral advertising and to know your choices about not having information used in this manner, you can go to http://www.aboutads.info. The collection of information via certain ads served to users in Canada may be managed by visiting youradchoices.ca. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
(o) Tracking Requests. Some web browsers provide “do not track” machine readable signals for websites which are automatically applied by default and therefore do not necessarily reflect our visitor’s choice as to whether they wish to receive advertisements tailored to their interests. TMC does not act on “do not track” requests from your browser because, this way, we are able to personalize your experiences on the Website. For more information, go to http://www.networkadvertising.org or http://www.aboutads.info.
(p) Information You Disclose Publicly. You may submit photographs, user profiles, written material, music, video, photos, comments and other content, which may include PII (collectively, “UGC”) on the Website. The UGC may be reproduced, published, distributed or used by us or by third parties in any media or format whether now known or hereafter developed. We do not control who will have access to the UGC you choose to make public and take no responsibility for ensuring such UGC remains private or is secure. The UGC is not subject to this Privacy Policy. We are also not responsible for the accuracy, use or misuse of any UGC that you disclose or receive through the Website. Please see our Terms of Use for further information about the terms that govern the UGC you post.
(q) Links to Third Party Sites. When you are on the Website, you may be directed to other websites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties.
4. California Users: Your California Privacy Rights. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information TMC shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: The Magazine City, 11175 Santa Monica Blvd., Los Angeles, CA 90025. In your request, please specify that you want a “TMC California Privacy Rights Notice.” Please allow at least 30 days for a response.
5. Wireless Email Address and Short Message Services. If the email address you provide to us is a wireless email address, you agree to receive messages at such address from TMC or from third parties. Similarly, we may make available services through which you can receive messages on your phone or wireless device SMS Service. If you subscribe to one of our SMS Services, you thereby agree to receive services and messages at the address you provide for such purposes. Such messages may come from TMC, or from third parties. You may opt-out of these messages from us by following the instructions provided in the message. To use the wireless email address or SMS Service, you must reside in the United States. We may also obtain the date, time and content of your messages. We will use the information we obtain in connection with these services in accordance with this Privacy Policy. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.By providing us your wireless email address or by signing up for any SMS Service, you consent to receiving messages as described above. You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
6. Security. We have undertaken reasonable efforts to implement administrative, technical and security safeguard to help prevent unauthorized access, use, or disclosure of the information we collect. However, no systems can be completely secure. Therefore, while TMC uses reasonable efforts to protect your PII, TMC cannot guarantee its absolute security, and your use of the Website indicates your agreement to assume this risk.
7. Special Note For Parents. The Website is for a general audience and are not designed or intended for use by children, especially those under age thirteen (13). We cannot be responsible for any unsolicited messages received by children who disclose information about themselves in our public discussion areas. We encourage all parents to talk to their children and tell them not to do so.
8. Consent to Transfer Information to the United States. The Website is operated in the United States of America (USA) and are intended for users located in the USA. If you are located outside of the USA, please note that the information you provide to us will be transferred to and processed in the USA, where laws regarding processing of Personally Identifiable Information may be less stringent than the laws in your country. By using the Website, you consent to this transfer, processing and storage.
9. Changes to This Privacy Policy. We reserve the right to change this Privacy Policy at any time without prior notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy.
10. Disputes; No Rights of Third Parties. If you choose to access the Website, subscribe to our Publications or use any of our Services, any dispute over privacy is subject to our Terms of Use, including limitations on damages, resolution of disputes by binding arbitration, and application of the laws of the United States, and the State of New York. This Privacy Policy does not create rights enforceable by third parties.
11. Contact Us: Privacy Policy Coordinator. If you have any questions or concerns about any aspect of this Privacy Policy, please contact our privacy policy coordinator at the address set forth below.
Privacy Coordinator
TheMagazineCity.com, LLC
475 Fifth Avenue
New York, NY 10017
Or
PrivacyDirector@pmc.com
Last revised on November 29, 2017
