PRIVACY NOTICE

Effective Date: April 1, 2022

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice (“Privacy Notice”) or our practices regarding your personal information, please contact us at privacy@halloffame.online.

This Privacy Notice describes how Westchester Media Works, LLC (“Company”, “we”, “us”, or “our”) might use your information if you use the Hall of Fame Online website at halloffame.online (the “Website”), any Hall of Fame Online software or applications owned by Westchester Media Works, LLC (collectively, the “Application”), any of the services and content available on or through the Website or Application (together with the Website and the Application, the “Service”), and/or engage with us in other ways — including any sales, marketing, or events.

The purpose of this Privacy Notice is to explain to you, whether personally or on behalf of an entity (“you” or “your”), in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this Privacy Notice that you do not agree with, please discontinue use of the Service immediately.

Please read this Privacy Notice carefully, as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

• What information do we collect?
• How do we use your information?
• Will your information be shared with anyone?
• Who will your information be shared with?
• Do we use cookies and other tracking technologies?
• How long do we keep your information?
• How do we keep your information safe?
• Do we collect information from minors?
• What are your privacy rights?
• Controls for do-not-track features
• Do California residents have specific privacy rights?
• Do we make updates to this notice?
• How can you contact us about this notice?

WHAT INFORMATION DO WE COLLECT? ↑

Personal Information You Disclose To Us

We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Service, express an interest in obtaining information about us or our products and services, when you participate in activities on the Service or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the Service, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You

We collect names; phone numbers; e-mail addresses; mailing addresses; job titles; usernames; passwords; contact preferences; contact or authentication data; billing addresses; debit/credit card numbers; and other similar information.

Payment Data

We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe, Inc. You may find their privacy notice at https://stripe.com/privacy.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

reCAPTCHA

To help fight spam abuse, the Website is protected by reCAPTCHA. To learn what data reCAPTCHA collects, how it is used and its Terms of Service please visit https://policies.google.com/privacy and https://policies.google.com/terms.

Information Collected Through Our Application

We may collect information regarding your device and usage data, when you use our Application. If you use our Application, we may also collect the following information:

• Device Data. We may automatically collect device information (such as your device ID, name, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, Internet Protocol (IP) address (or proxy server), and information about the features of our Application you accessed.
• Usage Data. We may automatically collect usage data when anonymous individuals (“end-users”) interact with the Application, on a public facing kiosk for example, such as Application pages visited, the number of times an Application page is visited, and the time an Application page is visited.

This information is primarily needed to maintain the security and operation of our Application, for troubleshooting and for our internal analytics and reporting purposes.

HOW DO WE USE YOUR INFORMATION? ↑

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We use personal information collected via the Service for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:

• to facilitate account creation and the login process. We use the information you allowed us to collect when registering to facilitate account creation and the login process for the performance of the contract.
• to post testimonials. We may post testimonials on the Service that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at privacy@halloffame.online and be sure to include your name and contact information.
• to request feedback. We may use your information to request feedback and to contact you about your use of the Service.
• to manage user accounts. We may use your information for the purposes of managing and keeping our account in working order.
• to send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• to protect the Service. We may use your information as part of our efforts to keep the Service safe and secure (for example, for fraud monitoring and prevention).
• to fullfill obligations. We may use your information to enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• to respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• to fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Service.
• to deliver and facilitate delivery of services. We may use your information to provide you with requested services.
• to respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of the Service.
• to send you marketing and promotional communications. We may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing e-mails at any time by clicking the unsubscribe link in the e-mails that we send.
• for other business purposes. We may use your information for other business purposes, such as data analysis, and to evaluate and improve the Service, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual users and does not include personal information.

WILL YOUR INFORMATION BE SHARED WITH ANYONE? ↑

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, e-mail delivery, hosting services, customer service and marketing efforts. We do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

WHO WILL YOUR INFORMATION BE SHARED WITH? ↑

We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?“.

• Payment Processors
• Website Hosting Service Providers
• User Account Registration & Authentication Services
• Order Fulfillment Service Providers
• Finance & Accounting Tools
• Data Storage Service Providers
• Cloud Computing Services

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? ↑

We may use cookies and other tracking technologies to collect and store your information.We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

HOW LONG DO WE KEEP YOUR INFORMATION? ↑

We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice and the Terms of Use unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice and the Terms of Use, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this Privacy Notice or Terms of Use will require us keeping your personal information for longer than eighteen (18) months past the cancellation of the user’s subscription. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE? ↑

We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from the Service is at your own risk. You should only access the Service within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS? ↑

We do not knowingly collect data from or market to anyone under 18 years of age. You must be at least 18 years of age to register for the Service. We do not knowingly solicit data from or market to anyone under 18 years of age. If we learn that personal information has been collected from a user under 18 years of age, we will  take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from anyone under the age of 18, please contact us at privacy@halloffame.online.

WHAT ARE YOUR PRIVACY RIGHTS? ↑

You may review, change, or terminate your account at any time. If you have questions or comments about your privacy rights, please e-mail us at privacy@halloffame.online.

Account Information

If you would like to review or change the information in your account you may do so at any time by logging in to your account. To initiate the termination of your account you must first cancel any active subscriptions by logging in to your account and clicking Subscriptions, then View, and then Cancel.

Upon cancellation of your subscription(s), your access to parts of the Service will be deactivated following the current paid term, but all account data will be retained for at least eighteen (18) months, after which time it may be deleted. If you would like your account data removed immediately please contact us at support@halloffame.online to make this request and we will delete your account data from our active servers and databases following verification. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this will prevent access to several parts of the Service, including account access.

Opting out of e-mail marketing

You can unsubscribe from our marketing e-mail list at any time by clicking on the unsubscribe link in the e-mails that we send. You will then be removed from the marketing e-mail list — however, we may still communicate with you, for example to send you service-related e-mails that are necessary for the administration and use of your account, or to respond to service requests.

CONTROLS FOR DO-NOT-TRACK FEATURES ↑

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? ↑

Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as: (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as “non-residents”. If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;
• Participation in customer surveys; and
• Facilitation in the delivery of the Service and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this Privacy Notice. You may contact us by e-mail at ccpa@halloffame.online, or by referring to the contact details at the bottom of this document. If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with the service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data. Westchester Media Works, LLC has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

• Category A. Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, e-mail address and account name.
• Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.
• Category D. Commercial information, such as transaction information, purchase history, financial details and payment information.
• Category I. Professional or employment-related information, such as business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “WHO WILL YOUR INFORMATION BE SHARED WITH?“.

Westchester Media Works, LLC has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Westchester Media Works, LLC will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or e-mail) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

• you may object to the processing of your personal data.
• you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data.
• you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
• you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by e-mail at ccpa@halloffame.online, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

DO WE MAKE UPDATES TO THIS NOTICE? ↑

Yes, we will update this Privacy Notice as necessary to stay compliant with relevant laws. We may update this Privacy Notice from time to time. The updated version will be indicated by an updated “Effective Date” and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE? ↑

If you have questions or comments about this Privacy Notice, please contact us via e-mai at privacy@halloffame.online or by mail at:

Westchester Media Works, LLC
Attn: Hall of Fame Online, Privacy Affairs
6 Meadow Road
Montrose, NY 10548