Effective Date: May 2008
Privacy Policy
Thank you for visiting the Ultimate GaGa™ website located at www.ultimategaga.com (the “Site”). The Site is an Internet property of Ultimate GaGa™, LLC (“Ultimate GaGa™,” “we” or “us”). Ultimate GaGa™ has created this privacy policy (the “Privacy Policy”) in order to disclose our information gathering and dissemination practices. We understand the importance that Internet users place on privacy and have designed the Site with this in mind. Ultimate GaGa™ is fully committed to one hundred percent (100%) permission-based marketing. You agree to this Privacy Policy, in its entirety, when you: (1) access or use this Site; (2) agree to receive e-mail from us by indicating consent on the Site or via any other means; (3) provide any Personal Information (as that term is defined hereinbelow); (4) attempt to purchase products and/or services at the Site’s Pro Shop (“Pro Shop”); and/or (5) register for one of our promotions and/or contests (the “Contest”).
This Privacy Policy will address the following:
1) What information this Site gathers/tracks about you
2) What this Site does with the information it gathers/tracks
3) With whom this Site shares the information it gathers/tracks
4) This Site’s opt-out policy
5) This Site’s policy on correcting and updating personally identifiable information
6) This Site’s policy on deactivating your name from our database
Personal Information Collected
In order to purchase products and/or services in the Pro Shop and/or register for a Contest, users may be required to provide personal information on the applicable registration form that may include, but not be limited to, all or some of the following (collectively, “Personal Information”):
1) Name
2) E-mail address
3) Mailing address
4) Telephone number
5) Number of children that the user has (optional)
6) The birth dates of the user’s children
7) The gender of the user’s children
8) Credit card information (for purchases only)
The Personal Information represented by numbers 5-8 above shall be referred to herein as “Sensitive Information.” Please be advised that that we will never share any information pertaining to your children with any third parties other than where the information is subpoenaed, otherwise required pursuant to a legal proceedings or if Ultimate GaGa™ is sold or acquired.
Understand that the Personal Information that you submit is voluntary but required if you wish to purchase products and/or services from the Pro Shop and/or register for our Contest(s). By submitting your Personal Information to, and/or using, the Site, you agree to allow Ultimate GaGa™ to transfer and/or sell such aggregate data to third parties. Ultimate GaGa™ reserves the right to transfer and/or sell aggregate or group data about Ultimate GaGa™ users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Ultimate GaGa™ users as a group without disclosing personally identifiable information. Registrants for our Contest(s) may receive e-mail confirming their registration with Ultimate GaGa™, subsequent entries in other Contest(s), as well as promotional marketing of commercial products and services.
IP Addresses
We use your IP address to help diagnose problems with our server, and to administer the Site. Your IP address is used to gather broad and specific demographic information, as well as for validation purposes.
Cookies
We use cookies to deliver content specific to your interests, to save your password so that you do not have to re-enter it each time that you visit the Site (if you choose), and for other purposes.
Site Tracking Software
Our web servers and/or those of third-party vendors, utilize certain tracking software to capture your domain name address (the address of your Internet service provider) for purposes of tracking Site statistics. Note that we only collect information about you when you voluntarily provide that information through an application or registration, by visiting the Site request form, or some other Site activity that we may provide from time to time. The capture of your domain name is a common practice among websites for measuring the number of hits, pages visited and length of user session. We use this information to measure the effectiveness of the Site offerings in order to service you better.
Sharing of Information
We use the Personal Information that you supply to personalize your experience with the Site, process purchases from the Pro Shop and process entry in the Contest(s) and for verification purposes. The Personal Information that you submit to Ultimate GaGa™ remains your property, but by submitting that Personal Information to Ultimate GaGa™ you grant Ultimate GaGa™ the right, subject to applicable state and federal law, to use that Personal Information (other than the Sensitive Information) for marketing purposes. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information (other than the Sensitive Information) with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third-parties may include, but shall not be limited to, providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation, and e-mail marketing. We may also use your Personal Information (other than the Sensitive Information) for any Contest-related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose Personal Information (other than the Sensitive Information) to third-party agents and independent contractors that help us operate the Contest(s). We may also transfer your Personal Information, including credit card information, to a third party seller or service provider (“Third Party Provider”) to effectuate a purchase from such Third Party Provider that you made through the Pro Shop. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.
Ultimate GaGa™ is able to offer its Contest(s) to you, in part, based on your willingness to be reached by our third-party advertisers. This Personal Information (other than the Sensitive Information) will be shared with advertisers on an aggregate and non-aggregate basis. We also use contact information from your Personal Information to send you information about Ultimate GaGa™ and to keep you informed of our other products and services that may be of interest to you. Please keep in mind, though, that Ultimate GaGa™ does not control, and is not responsible for, the practices of our third-party advertisers. Your contact information is also used to reach you, when necessary, regarding issues concerning your use of the Site and the Contest(s). If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your Personal Information to third parties (subject to restrictions contained in applicable state and federal law), please see the Opt-Out/Unsubscribe section below.
By submitting your e-mail address at the Site, making a purchase in the Pro Shop and/or registering for the Contest(s), you agree to receive e-mail marketing from Ultimate GaGa™ (including other Ultimate GaGa™ properties) and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, Ultimate GaGa™ retains the right to contact you via telemarketing in accordance with the terms of the ATSR.
In addition, you agree that by submitting your Personal Information at the Site, making a purchase in the Pro Shop and/or registering for the Contest(s), you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.
Ultimate GaGa™ reserves the right to release current or past user information and Personal Information, including Sensitive Information: (A) in the event that we believe that the Site and/or the Contest(s) is/are being or has/have been used in violation of the Site Terms and Conditions, Official Contest Rules or to commit unlawful acts; (B) if the information is subpoenaed; or (C) if Ultimate GaGa™ is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third-party when Ultimate GaGa™, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
Other Websites
This Site may contain links to other third-party owned and/or operated websites. Ultimate GaGa™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Ultimate GaGa™ has no responsibility or liability relating to them.
Third-Party Offers
Ultimate GaGa™ provides you with the opportunity to receive special offers, products and/or services from other third-party companies. To receive such offers, products or services, certain of your Personal Information will be shared with such third-party companies, so that they may provide their offer, product or service to you without requiring that you first complete another registration form.
Security
All collected information is stored in a technically and physically secure environment. When our registration/application process asks users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that Sensitive Information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we also take steps to protect other user information both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to Personal Information is strictly limited, and not accessible to the public. All Personal Information, not just the Sensitive Information, is restricted in our offices. Only employees that need the Personal Information to perform a specific job (for example a customer service representative) are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Information at the Site. Ultimate GaGa™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Ultimate GaGa™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Opt-Out/Unsubscribe
To stop receiving future communications from Ultimate GaGa™, please Click Here. To opt-out of having your information shared with third parties, please Click Here. Ultimate GaGa™ uses Personal Information to provide promotional offers by e-mail to individuals. Ultimate GaGa™ may maintain separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To unsubscribe from all Ultimate GaGa™ e-mail lists, please Click Here.
Changes in Privacy Policy
Ultimate GaGa™ reserves the right to change or update this Privacy Policy at any time by posting a notice at the Site explaining that we are changing our Privacy Policy. The user's continued participation in the Contest and/or continued receipt of Ultimate GaGa™ e-mails constitutes an affirmative acknowledgement and acceptance by the user of the modified Privacy Policy.
Correct/Update
Personal information supplied to Ultimate GaGa™ during registration can be modified by contact us at 1-800-___-____ or at lou@ultimategaga.com.
Contacting the Site
Our “About Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent to us and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about this Privacy Policy or the practices of Ultimate GaGa™, please feel free to contact us at 1-800-___-____ or at lou@ultimategaga.com.