PRIVACY POLICY
I. INTRODUCTION
This Privacy Policy sets forth how Probability LLC (“Probability” or, more simply, “we,” “our,” or “us”) collects, uses and shares information on behalf of its clients on-line (including on this website) as well as via other methods (e.g., in-person at promotional events). In addition, the Privacy Policy discusses choices available to you concerning Probability’s use of your information as well as how you can access your information and update it.
Who are we? Probability is a promotion marketing agency and, in this capacity, conducts promotional sweepstakes and contests (and other offers) on behalf of its clients: Probability is the administrator of the promotional sweepstakes/contests/offers (“contests”), while its client is the sponsor of same.
In the course of conducting contests for our clients, Probability collects and processes personally identifiable information (“PII”) from consumers. In all cases, Probability collects PII on behalf of its client for use in conformity with the client’s privacy policy (for the off-line collection of PII, to the extent that the client’s privacy policy is applicable). And, the collected PII belongs solely to the client. Probability does NOT collect PII for its own purposes and is at all times acting on behalf of its client which is the sponsor of the contest. Accordingly, you should direct any inquiries regarding “opting-in” or “opting-out” of promotional and marketing materials (as well as the collection and use of your PII) to the sponsor as this is covered by the sponsor’s privacy policy (again, to the extent applicable to off-line activities).
PII may be used by Probability online and offline; by way of example, notifying potential prize winners and arranging the award of prizes.
Probability maintains PII in a secure environment, with internal access limited to those at the company who need to see it to perform their functions.
II. COLLECTION/USE OF INFORMATION
A. PII
To enter a contest, a website visitor (or an individual who wishes to enter off-line) must provide PII including, by way of example, their name, date of birth, mobile phone number and e-mail address. (The actual types of PII collected will vary with the corresponding contest, as determined by the sponsor of same.) Probability will only use this information only to enter the website visitor (or individual who wishes to enter off-line) in the applicable contest, to contact entrants about the status of their entry, and to contact potential prize winners.
We keep PII as long as required by law to conduct the corresponding contest unless a sponsor requests in writing that we keep it for a longer time.
Once Probability is no longer required to retain PII, it will be destroyed. If in physical form, it will be shredded; if in electronic form, it will be permanently deleted from all of Probability’s electronic devices and back-up systems.
B. Other Information
Probability also collects information on its websites (and off-line) that is NOT PII; for clarity, this is information that CANNOT be used to personally identify the user. By way of example, with regard to Probability’s websites, such information includes:
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Your activity while on the website;
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The website that you visited prior to accessing the website;
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Your Internet browser, your Internet operating system, ISP (Internet Service Provider) domain name and perhaps other information regarding your computer configuration/settings.
In some contests, you may participate via usage of social media platform(s) that are owned and operated by third party entities (and not by Probability or the sponsor of that contest); for example, Instagram, Facebook or Twitter. If you participate via social media, you are granting Probability access to the available information in your profile on the corresponding social media platform(s), including your name, age, gender, e-mail address, location and “friends” on the social media platform(s). Probability may use this information in conjunction with operating the website; e.g., your IP address may be used to trouble-shoot problems with our server. In addition, we may use your IP address in conjunction with the collection of broad demographic information for aggregate use for the objective of maintaining the security and smooth operation of a given contest.
C. Cookies
The website may also use a common technology called “cookies.” Generally speaking, cookies are small data files sent to a given user’s computer while the user is browsing a website which are stored on the user’s computer. Probability uses two (2) different types of cookies:
(i)Session Cookies: These exist only when the user’s Internet browser is open; and, once the browser is closed, they are no longer available. To illustrate, a Session Cookie will store and “remember” information that a user provides in completing one part of an entry form so that he/she/they does not have to enter it again, thereby streamlining the user experience in entering a contest.
(ii)Persistent Cookies: These are available for a certain time period even after the user’s Internet browser has been closed. To illustrate, a Persistent Cookie may be used to enforce a limit on the number of times a person may enter a contest (e.g., once per day).
For both Session Cookies and Persistent Cookies, Probability will NOT link information stored therein with PII collected on the website.
Your Internet browser includes instructions for removing “persistent cookies” in its ”Settings” menu. If cookies are disabled, you may not be able to participate in a contest and other materials on the website may not be available to you.
D. Log Files
Probability also collects a range of other information which is stored in log files. Generally speaking, log files are a historical record of events which occur on a computer system. The collected information is anonymized (i.e., does not identify the user). This information includes IP address, Internet browser type, referring/exit web pages, date/time stamp, ISP and clickstream data. Probability uses this information to better understand the efficacy and functioning of contests by analyzing trends, tracking users’ movements and gathering demographic information about users. In all cases, Probability will NOT link this information with PII.
E. Sponsor Tracking
A sponsor may elect to use tracking technology. Unless disclosed otherwise, such tracking technology will be used by the sponsor in conjunction with the operation of a given contest. Probability does NOT have any access or control over a sponsor’s use of tracking technology and, as such, it is NOT addressed by this Privacy Policy. The use of tracking technology is likely addressed in the sponsor’s privacy policy.
Probability does NOT participate in any “Do Not Track” framework and does NOT support any “Do Not Track” Internet browser setting.
III. Sharing Your Information with Other Parties
This Privacy Policy outlines under what circumstances Probability will share your PII with 3rd parties without your consent: In no event will Probability sell your PII to 3rd parties.
A. 3rd Party Service Providers: Probability may provide your PII to 3rd parties to assist us in the administration of contests; e.g., providing a prize winner’s mailing address to a 3rd party for prize shipment. All such service providers will only use PII for the specific designated purpose and will execute a confidentiality agreement binding them accordingly.
B. Other Business Entities as per Sponsor’s Instructions: Probability may provide your PII to 3rd parties in conjunction with our administration of a contest as directed in writing by the sponsor of the applicable contest. This exception will be denoted in the official rules of the applicable contest.
C. Required by Law: This includes Probability’s provision of your PII in compliance with the issuance of a subpoena from a court of law or another governmental unit.
D. Protection of Probability’s Rights.
E. Protection of the Safety of Website Users (including You).
F. Investigation of Suspected Fraud.
Probability may also disclose your PII to 3rd parties AFTER securing your consent to do so.
IV. How To Review & Correct Your PII
Send an e-mail to privacy@probabilityworks.com with CORRECT MY PII in the subject line. In the e-mail, specify the erroneous information and the corresponding correction. Or, if you prefer, send your request to Probability via postal mail at the address below in Paragraph XII below. Probability will respond to your request within thirty (30) days of receipt; if additional time is required for processing, we will notify you accordingly. In order to process your request, Probability may first have to verify your identity.
V. Children’s Privacy
In compliance with the Children’s Online Privacy Protection Act (“COPPA,” 15 U.S.C. §6501-6506), Probability will NOT knowingly collect on behalf of any sponsor of a contest PII from persons who are under the age of 13.
VI. Links to Other Websites
Our websites may include links to other entity’s websites. If you provide PII to any of those of other websites, the collection/use/sharing of your PII will be governed by that website’s privacy policies and NOT this Privacy Policy. Probability strongly suggests that you carefully review the applicable privacy policy BEFORE providing PII to (or even using) such other websites so as to prevent the unwitting disclosure or sharing of your PII and/or other information. Probability will seek to advise users when they are exiting one of our websites but we expressly disclaim any and all liability for failing to do so or for the effectiveness of such notification (as the case may be).
VII. Security
Probability follows generally accepted promotional marketing industry standards to protect PII when transmitted via our websites and after receipt of same as well as when PII is collected off-line. Sensitive information (e.g., Social Security Number) collected via website is encrypted via SSL (i.e., secure socket layer technology). Kindly note that no methods of Internet transmission or data storage are completely secure and impervious to unauthorized access. Similarly, there is no foolproof system to maintain the security of PII when collected off-line. Probability LLC therefore makes no representation or warranty of any kind as to the security of PII either during Internet transmission or after receipt of same or when collected off-line. Please contact us at privacy@probabilityworks.com with questions as to security measures on our websites.
VIII. International Data Transfers
Probability’s servers are located in the United States. In providing PII on one of our websites, you understand and agree that the data protection laws of the United States may not provide the same degree of protection as those of your home country and consent to such transfer of your PII.
IX. California Consumer Privacy Act Privacy Statement (“CCPA Statement”)
Some contests on our websites are open to persons who are residents of the State of California. This section of the Privacy Policy only applies to California residents and, if you are not a California resident, you may skip this section as it does not affect your rights or responsibilities.
This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”), (§1798.100, et. seq.,Civil Code of California). The disclosures and rights set forth in this Section supplement the disclosures/rights set forth elsewhere in this Privacy Policy.
California residents may request certain details regarding how their personal information is shared with 3rd parties or affiliated companies for direct marketing purposes.
A. Consumer Disclosures Required by CCPA
(i) Probability collects the following categories of personal information:
a. Identifiers (including your name, nickname, account name, mailing address, e-mail address, IP address);
b. Commercial information;
c. Internet or other electronic network activity information (including browsing history);
d. Geolocation data;
e. Professional and employment information;
f. Educational information;
g. Visual and audio information; and
h. Inferences drawn from (a) – (g).
(ii) Probability provides the following categories of personal information to 3rd parties (i.e., sponsor of the applicable contest and its designees) for monetary or other valuable consideration (the “sale” of personal information as defined in CCPA)**:
a. Identifiers;
b. Internet or other electronic network activity information; and
c. Inferences drawn from (a) – (b).
(iii) Probability discloses the following categories of personal information for a business purpose:
a. Identifiers (including your name, nickname, account name, mailing address, e-mail address, IP address);
b. Commercial information;
c. Internet or other electronic network activity information (including browsing history);
d. Geolocation data;
e. Professional and employment information;
f. Educational information;
g. Visual and audio information; and
h. Inferences drawn from (a) – (g).
**For the avoidance of doubt, as set forth in Paragraph III above, Probability does NOT, in the conventional sense of the term, sell your personal information to 3rd parties.
B. Consumer Rights Under CCPA
Under CCPA, California residents have the right to request the following from Probability. We will not discriminate against a California resident by denying goods or services, providing a different level or quality of service or otherwise, should he/she/they decide to avail his/her/themselves of any of these rights.
(i) Right of Access to Personal Information (Collected within last 12 months):
(a) The categories of personal information that we have collected about you;
(b) The categories of sources from which personal information is collected;
(c) The business or commercial purposes of collecting or selling personal information;
(d) The categories of 3rd parties with which personal information has been shared;
(e) The specific pieces of personal information that we have collected.
To make an access request, send an e-mail to privacy@probabilityworks.com. California residents may request the above two times (2x) per twelve (12) month period.
(ii) Right to Deletion
Subject to certain exceptions set forth in CCPA, California residents may request that Probability delete any personal information that we have collected from or about him/her/them. To delete your personal information, click HERE.
The legal exceptions include but are not limited to prevention against/prosecution of fraudulent or otherwise illegal conduct or completion of a transaction for which the personal information was collected.
(iii) Right to Opt-Out of “Sale” of Information as per CCPA**
Probability may “sell” (as such term is defined by CCPA) the personal information of California residents (again, the recipients of the personal information will be the sponsor of the applicable contest and its designees). CCPA allows California residents to opt-out of the “sale” of their personal information. To do so, click on the DO NOT SELL MY PERSONAL INFORMATION link in the footer of the website.
**For the avoidance of doubt, as set forth in Paragraph III above, Probability does NOT, in the conventional sense of the term, sell your personal information to 3rd parties.
In all cases, Probability will respond to your request within 45 days of receipt of same; if additional time is required for processing, Probability will notify you accordingly. In order to process your request, we may first have to verify your identity.
X. YOUR CALIFORNIA PRIVACY RIGHTS (“Shine The Light,” §1798.83, Civil Code of California).
This section of the Privacy Policy only applies to California residents and, if you are not a California resident, you may skip this section as it does not affect your rights or responsibilities.
Under California’s “Shine The Light” law, if a California resident has an established business relationship with a business entity and has shared personal information with such business entity, he/she/they may request information about whether the business entity has disclosed his/her/their personal information to any 3rd parties for such 3rd parties’ direct marketing purposes.
The preceding does NOT apply to Probability as we will NOT disclose California residents’ personal information to 3rd parties for direct marketing purposes without first obtaining California residents’ consent.
XI. EU GENERAL DATA PROTECTION REGULATION (GDPR, Regulation [EU] 2016/679)
Some contests are open to persons who live in the European Economic Area and/or the United Kingdom (“EEC/UK residents”). This section of the Privacy Policy only applies to EEC/UK residents and, if you are not an EEC/UK resident, you may skip this section as it does not affect your rights or responsibilities.
Probability will only collect and process information from or about EEC/UK residents if doing so is permissible under applicable law. In all cases, Probability will function as the data processor for its clients who sponsor the contests who are the data controllers (and, as such, will determine the purposes for which collected information is used as well as how it is collected and processed.) As the data processor, Probability collects and processes information only as instructed by its clients in their capacity as the data controller.
Probability will host and store collected information in the United States, using industry standard methods to securely maintain such collected information.
Under GDPR, EEC/UK residents must consent to the collection and processing of their personal information. If an EEC/UK resident refuses to provide consent or later revokes his/her/their consent, he/she/they may not be able to participate in a contest and other materials on the website may not be available to him/her/them.
GDPR also provides EEC/UK residents to request some (or all) of the following with regard to their personal information:
(a) Access: To obtain a copy of their personal information, along with an explanation as to how and why it was processed;
(b) Limited Use: To restrict processing of their personal information under certain circumstances;
(c) Correction/Completion: To correct personal information if inaccurate and/or to complete personal information if any pieces of information are missing;
(d) Revocation: To revoke their consent to Probability’s processing of their personal information;
(e) Portability: To supply his/her/their personal information in machine-readable format to him/her/them or a designated third party;
(f) Security: To review the safeguards under which his/her/their personal information is transferred to a third country or international organization; and
(g) Deletion: To erase your personal information (provided that it is no longer needed for the purpose for which it was collected/processed)
To make the above choice(s) regarding your personal information, you should contact the contest sponsor which is the data controller. You may also e-mail Probability at privacy@probabilityworks.com, in which case we will forward your request to the applicable data controller.
Should a circumstance arise where Probability IS required to respond to a request, Probability may require proof of your identity before responding to the request. We will use commercially reasonable efforts to respond to an access request within the applicable time period.
Probability will retain information collected from/about participants in a contest only for as long as necessary for Probability to perform its function as the administrator of such contest. When no longer necessary, we will delete collected information.
XI. Contact Us
To contact Probability via postal mail, write to: Privacy Officer, Probability LLC, 2 Woodstock Meadow Ln, PO Box 1484, Woodstock, NY 12498 USA.
XII. Changes to Privacy Policy
Probability reserves the right to modify this Privacy Policy from time to time, including but not limited to making changes to our information collection and usage practices. Should Probability modify its information collection and usage practices, we will notify you of such change beforehand and provide you with the opportunity to opt-out of same. Changes to Probability LLC’s information collection and usage practices (as well as other changes to this Privacy Policy) will be designated as “Revisions.” It is strongly suggested that you review this Privacy Policy from time to time to make sure that your understanding of your rights hereunder is completely up to date. To assist you in this regard, the initial page of the Privacy Policy will include the date of the latest revision. However, at all times, it is your sole responsibility to assure that you have reviewed and understand your rights under the current version of the Privacy Policy.
