Tested Privacy Policy
Effective Date: May 25, 2018
1. Privacy Policy (Outside the EU)
2. Cookie Policy (Outside the EU)
3. Privacy Policy for EU Users
4. Cookie Policy for EU Users
INTRODUCTION

Web Property #5, LLC, its affiliates and subsidiaries (the “Whalerock”, “we” or “us”) values the privacy of our users and subscribers. We strive to be transparent about how we collect and use your information, to keep your information secure and to provide you with meaningful choices. This Privacy Policy (“Policy”) describes the privacy practices for www.Tested.com website (the “Site”), which is owned and operated by the Whalerock. This Policy is meant to help you understand what information is collected by us, why we collect it and what we do with it.

This Policy applies to our online information practices for the Site with respect to all users with the exception of users within the European Union. This Policy does not apply to personal data collected through any third-party websites or apps, including websites you may access through the Site. Those websites and apps may have their own privacy policies, which we encourage you to read before providing any personal information on or through them. Certain offerings on our Site, may have additional notices about the information practices and choices. Please read those additional privacy disclosures to understand how they may apply to you.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Site. By using the Site, you agree to this Policy. This Policy may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

The Site is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@tested.com.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect information from and about you when you interact and use the Site. This information may include personal information (e.g. name, email address, postal address, telephone number and any other contact details), technical information (e.g. IP address, browser type, device identifier) and usage information (e.g. webpages you visit, ads you click on). We may combine these types of information together, and collectively refer to all of this information in this Privacy Policy as “Information”. Information may be collected as described below and through the use of cookies, web beacons, pixels, and other similar technologies by us or by other companies on our behalf. Below is the type of Information we may collect:

Information You Provide to Us. We may collect Information that you provide to us, such as:

  • when you register with or use these Site, or subscribe to any service on the Site, we may ask you to provide personal information by which you may be identified, such as name, postal address, e-mail address, telephone number, or any other contact details.
  • when you use the Site to communicate with others or post, upload, display or store any content such as comments, photos, videos, emails, attachments, voice inputs, and other content generated by you (collectively, “User Contributions”) on public areas of the Site. Your User Contributions may be transmitted to others and we cannot control the actions of third parties with whom you may choose to share your User Contributions. We also cannot prevent further use of this Information once it is made public.
  • we may ask you to provide Information when you enter a contest or sweepstakes sponsored by us or respond to surveys that we may post and ask to complete on the Site.
  • when you communicate with us to report a problem with the Site, or any other general inquiries. We may keep records and copies of your correspondence (including e-mail addresses, phone numbers, and any other personal information you had provided).
  • when you sign up for any paid services or place any orders on the Site, we may keep details of transactions you carry out through the Site and of the fulfillment of any orders (note that you may be required to provide financial information before placing an order through the Site).
  • when you otherwise use the Site, such as for search queries, watch history, page views, viewing the content we make available, or installing any of our plug-ins.

Technical, usage, and analytical Information.

We may collect certain technical and usage information when you use our Site, such as the type of device, browser, and operating system you are using, unique device identifier, IP address, device and browser settings, the webpages you visit, including information about how you interact with our Site and those of our third-party partners and information that allows us to recognize and associate your activity across devices and Site. We may recognize your device to provide you with personalized experiences and advertising across the devices you use. See our Cookie Policy section for more information on how we may use these technologies to collection this information.

You may be able to access features of the Site through third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). Your privacy settings on such Social Media Sites, as well as their respective privacy policies, will determine the personal and other information that may be shared with us, or received by us through social media tracking technologies, when you access the Site, and may be collected and used by these Social Media Sites. Where permitted by law, by providing this Information or otherwise interacting with our Site through Social Media Sites, you consent to our use of Information from the Social Media Site in accordance with this Privacy Policy.

Location Information. We collect real-time information about your location, such as your country, when you provide it or via device information (such as an IP address), or your device’s location when you access the Site with your mobile device.

HOW WE USE YOUR INFORMATION

We use Information that we collect about you or that you provide to us for the purposes described in this policy or disclosed at the time of collection or with your consent, including for the following purposes:

  • Provide or analyze your use of the Site and its contents, products, programs, and services.
  • Fulfill your requests and any other purpose for which you provide it, including communicating with you about your purchases or transactions.
  • Give you notices about your account or subscription.
  • Send information about promotions, offerings, and Site features.
  • Notify you when you win one of our contests or sweepstakes.
  • Notify you when Site updates are available, and of changes to any products or services we offer or provide though it.
  • Provide, develop, maintain, personalize, protect, and improve your experience and our offerings on the Site.
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Site according to your individual interests.
  • Speed up your searches.
  • Protect against, identify, and prevent fraud and other unlawful activity
  • Recognize you when you use the Site.
  • Offer, market, and advertise products, programs, and services from us and our affiliates, business partners, and select third parties that may be of interest to you. We may also use the information we collect to display advertisements to our advertisers’ target audience.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Detect, investigate, and prevent activities on our Site that may violate our terms, could be fraudulent, violate copyright, or other rules or that may be otherwise illegal, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We may share and disclose aggregated and de-identified Information about our users without restriction. In addition, we may share and disclose Information that we collect, or you provide in the following ways or for any other purpose disclosed at the time of collection:

With Your Consent. We may disclose your Information when you provide us with your consent to do so. Service Providers. Our contractors, service providers, content providers, and other third parties we use to support our business may have access to Information to help carry out the services they are performing for us, such as, including: creating, maintaining, hosting, and delivering of our Site, products, and services; conducting marketing, handling payments, email and order fulfillment; administering contests; conducting research and analytics; and customer service.

New Ownership. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by us about our Site and users is among the assets transferred.

Linked Sites. The Site may contain links to other sites, including Social Media Sites. We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and others, into our Site. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Partners and Affiliates. We may disclose Information to affiliates, business partners, and third parties (e.g., retailers, advertisers, ad agencies, advertising networks and platforms, research organizations, and other companies) whose practices are not covered by this Privacy Policy, and that may provide, offer, improve, market, and otherwise communicate with you about their own products and services. To learn more about your choices, please see Your Choices below. We may also share certain Information with third parties to provide advertising to you based on your interests. For more information, please see Ad Choices below.

Sponsors and co-promotions. We sometimes offer content or programs (e.g., contests, sweepstakes, promotions, or Social Media Site integrations) that are sponsored by or co-branded with third parties. By virtue of these relationships, the third parties collect or obtain Information from you when you participate in the activity. We have no control over these third parties' use of this Information. We encourage you to look at the privacy disclosure of any such third party to learn about their data practices before you participate in the activity.

Legal and Law Enforcement Purposes. We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We may also disclose such Information to third parties: (i) for the purposes of fraud protection and credit risk reduction, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) to enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection, (iv) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others, (v) as otherwise required by law.

YOUR CHOICES

Marketing Communications and Sharing with Third Parties. You may update your preferences with respect to receiving certain marketing communications from us, and our sharing of personal information with third parties. You may do so by contacting us at privacy@tested.com. You may also opt out of receiving email marketing communications, by following the “unsubscribe” instructions provided in every email you receive from us. You may also adjust your push notifications on your mobile device through your device or app settings.

Ad Choices. We may work with third parties to present advertisements, and engage in data collection, reporting, site analytics, ad delivery and response measurement on our Site and on third party websites and applications over time. These third parties may use cookies, web beacons, pixels, and other similar technology to perform this activity. They may also obtain information about websites you visit, applications you use, and other information from across your browsers and devices in order to present advertising that may be tailored to your interests on and off our Site and across other platforms. This type of advertising is known as interest-based advertising.

For more information about interest-based advertising on your desktop or mobile browser, and your ability to opt out of this type of advertising by third parties, please visit the Network Advertising Initiative and/or the DAA Self-Regulatory Program for Online Behavioral Advertising. To learn more about interest-based advertising in mobile apps and how to opt out of this type of advertising by third parties, you can visit AppChoices. Please note that any opt-out choices you may exercise through these programs will only apply to interest-based advertising by the third parties you select but will still allow for collection of data for other purposes, such as analytics, research, and operations. You may also continue to receive advertising, but that advertising may be less relevant to your interests.

California Privacy Rights. California Civil Code Section 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at privacy@tested.com.

Performance Cookies

We make use of analytic cookies to analyse how our visitors use the Site and to monitor their performance. This allows us to provide a high-quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we may use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We may also use these cookies to highlight articles or Site’s services that we think will be of interest to you based on your usage of the Site. The information collected by these cookies is not associated with your personal information by us or by our contractors and is only used in aggregate and de-identified form. The following list sets out some examples of these types of cookies:

Cookie Source: Google Analytics

Purpose:

  • These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve our site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Further Information:

  • Click here for Google’s privacy policy in respect of Google Analytics: http://www.google.com/analytics/learn/privacy.html
  • You may opt out of tracking by Google Analytics by visiting: https://tools.google.com/dlpage/gaoptout?hl=en-GB.
  • Persistent cookies.

Cookie Source: Mouseflow

Purpose:

  • We use Mouseflow to capture anonymized user information how site visitors are interacting with the page elements.  We use this anonymous data to deliver feedback for an improved site experience for users.

Further Information:

  • Click here to see Mouseflow’s Privacy Policy: http://mouseflow.com/privacy/
  • If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out.
  • Persistent cookies.
Functionality Cookies

We make use of cookies to provide you with certain functionality. For example, viewing video content, live streams, or to remember choices you make and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites. The following list sets out some examples of these types of cookies:.

Cookie Source: Ooyala

Purpose:

  • Ooyala uses a cookie to better deliver video assets to end users, recording bandwidth and video size preferences, as well as any technical issues. All user data is anonymized.

Further Information:

  • Session cookie (expires when browser is closed)
Advertising Cookies

Advertising cookies (or targeting cookies) collect information about the browsing habits associated with your device and are used to make advertising more relevant to you and your interests. These cookies also measure the effectiveness of advertising campaigns and track whether ads have been properly displayed. The following list sets out some examples of these types of cookies:

Cookie Source: DoubleClick

Purpose:

  • DoubleClick uses cookies to improve advertising. Some common applications are to target advertising based on what’s relevant to a user, to improve reporting on campaign performance, and to avoid showing ads the user has already seen.

Further Information:

  • Click here for Google’s privacy policy in respect of DoubleClick  https://policies.google.com/privacy?hl=en
  • You may opt out of tracking by DoubleClick by visiting https://support.google.com/ads/answer/2662922?hl=en
  • Persistent cookies.

Cookie Source: Facebook Pixel

Purpose:

  • We use the Facebook pixel as a means of better understanding our users, to customize content and advertising, to provide social media features and to analyze traffic to the site. The collected data remains anonymous.  This means that we cannot see the personal data of any individual user. However, the collected data is saved and processed by Facebook.

Further Information:

  • Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with their privacy policy found under:  https://www.facebook.com/about/privacy/
  • If you'd like to opt-out, you can do so at https://www.facebook.com/ads/website_custom_audiences/
  • Persistent cookies.

Advertising Cookies may be used by social media sites that are linked from our Site, such as “Share” buttons or embedded audio/video players. These cookies also provide the requested functionality. Such social media sites put down advertising cookies both when you visit our Site and when you use their services and navigate away from our Site. The cookie practices of some of these social media sites are set out below:

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

To inquire on the personal information that we have collected about you online from the Site on which this Privacy Policy is posted or to correct such personal information, you can send us an email to privacy@tested.com. You can request and obtain removal of your User Contributions by emailing privacy@tested.com with your request and specifying the particular User Contribution you seek to remove. We may not accommodate a request to change or delete any information if we believe such action would violate any law or legal requirement or cause the information to be incorrect. Removal of your User Contributions from the Site does not ensure complete or comprehensive removal of such User Contributions from the Site as copies may remain viewable in cached and archived pages or might have been copied or stored by other Site’s users. You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the “unsubscribe” links provided in such communications. You may not opt out of Site-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the Site.

PROCESSING YOUR INFORMATION

The Site is hosted in the United States. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

DATA SECURITY

We have implemented appropriate technical and organizational measures for security of the Site. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable safeguards to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information via the Internet is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone.

CHANGES TO OUR POLICY

We may update our Policy from time to time. We will notify you about any material changes to this Privacy Policy by placing a notice on our Site. We encourage you to periodically check back and review this Policy so you are aware of any recent changes.

HOW TO CONTACT US

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at Web Property #5, LLC., Attn: Legal Affairs, Pacific Design Center, Red Building West, 750 N. San Vicente Blvd., 9th Floor, West Hollywood, CA, 90069, U.S.A. or email us at privacy@tested.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.© Web Property #5, LLC. All rights reserved. Tested and Tested.com are trademarks of Web Property #5, LLC

Privacy Policy for EU Users
Effective Date: May 25, 2018
INTRODUCTION

Web Property #5, LLC, its affiliates and subsidiaries (“Company”, “we”, “us”, or “our”) values the privacy of our users and subscribers. We strive to be transparent about how we collect and use your Information (as defined below), to keep your Information secure and to provide you with meaningful choices. This Privacy Policy (“Policy”) describes the privacy practices for www.Tested.com website (the “Site”), which is owned, and operated, in whole or in part, by Company. This Policy explains how your Information is collected, used, and disclosed by Company as a data controller.

This Policy applies to our online information practices for the Site with respect to users within the European Union. This Policy does not apply to personal data collected through any third-party websites or apps, including websites you may access through the Site. Those websites and apps may have their own privacy policies, which we encourage you to read before providing any personal information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you do not agree with our policies and practices, do not use the Site. By using the Site, you agree to this Policy. This Policy may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

INTERNATIONAL TRANSFER

Our Site is hosted in the United States. This means the Information we collect will be processed by us in the United States, a country with a lower standard of protection of personal data than the European Union. However, as we offer our Site and services to residents in the European Union, Company is therefore also subject to European data protection laws, in particular the EU General Data Protection Regulation (the GDPR).

Company is in the process of appointing an EU representative and will notify you through an updated version of this Policy once the EU representative has been appointed.

We use instruments similar to the standard contractual clauses in accordance with the GDPR when transferring your Information outside of European Union or to third parties.

We may also limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time.

CHILDREN UNDER THE AGE OF 16

The Site is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@tested.com.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect and combine different types of information together, and collectively refer to all of this information in this Privacy Policy as “Information”. Below is the type of Information we may collect:

Information You Provide to Us. We may collect Information that you provide to us, such as:

  • when you register with or use the Site, or subscribe to any service on the Site, we may ask you to provide personal information by which you may be identified, such as name, postal address, e-mail address, telephone number, or any other contact details.
  • when you use the Site to communicate with others or post, upload, display or store any content such as comments, photos, videos, emails, attachments, voice inputs, and other content generated by you (collectively, “User Contributions”) on public areas of the Site. Your User Contributions may be transmitted to others and we cannot control the actions of third parties with whom you may choose to share your User Contributions. We also cannot prevent further use of this Information once it is made public.
  • we may ask you to provide Information when you enter a contest or sweepstakes sponsored by us or respond to surveys that we may post and ask to complete on the Site.
  • when you communicate with us to report a problem with the Site, or any other general inquiries. We may keep records and copies of your correspondence (including e-mail addresses, phone numbers, and any other personal information you had provided).
  • when you sign up for any paid services or place any orders on the Site, we may keep details of transactions you carry out through the Site and of the fulfillment of any orders (note that you may be required to provide financial information before placing an order through the Site).
  • when you otherwise use the Site, such as for search queries, watch history, page views, viewing the content we make available, or installing any of our plug-ins.

Technical, usage, and analytical Information.

We may collect certain technical and usage information when you use our Site, such as the type of device, browser, and operating system you are using, unique device identifier, IP address, device and browser settings, the webpages you visit, including information about how you interact with our Site and those of our third-party partners and information that allows us to recognize and associate your activity across devices and Site. We may recognize your device to provide you with personalized experiences and advertising across the devices you use. Where appropriate we will only collect such information with your prior consent. Please see Your Choices and our Cookie Policy sections for more information.

You may be able to access features of the Site through third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). Your privacy settings on such Social Media Sites, as well as their respective privacy policies, will determine the personal and other information that may be collected and used by these Social Media Sites.

Location Information. We have access to Information about your location, such as your country, when you provide it or via device information (such as an IP address), or your device’s location when you access the Site with your mobile device. Where appropriate, we will only collect such information with your prior consent.

HOW WE USE YOUR INFORMATION

What legal basis do we have for processing your personal data?

We only process your personal data for legitimate purposes. The use of your personal data will also be justified on the basis of one or more of legal “processing grounds” that are provided for in the EU General Data Protection Regulation (the GDPR).

The list below contains an explanation of the scope of the various legal processing grounds available under the GDPR that Company relies upon when collecting Information:

  • Contract performance: where we require your personal data in order to enter into a contract with you and provide our services to you.
  • Legitimate interests: where we use your personal data to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
  • Legal claims: where your personal data is necessary for us to defend, prosecute or make a claim against you, us or a third party.
  • Our legal obligations and rights: where we are required to process your personal data under a statutory obligation within the EU.
  • Consent: where you have consented to our use of your personal data (in which case you will have been presented with a consent form in relation to any such use and you may withdraw your consent at any time by giving notice to privacy@tested.com.

Providing our products and services:

Use of Information:

  • We use the Information we collect about you to fulfill your requests for products, application, services, and content and to provide, develop, maintain, personalize, protect, and improve your experience and our offerings. For example, we use Information collected on our sites to (i) provide content, products, services, and updates (ii) provide notices about your account or subscriptions, (iii) enable you to read and post comments, or (iv) enable you to enter promotions, contests, and sweepstakes.

Processing Grounds Under GDPR:

  • Fulfilling contractual and legal obligations; and with your consent (where required)

Legitimate Interests (where appropriate)

  • Improving and developing new products and services; increasing efficiency; protecting against fraud; retaining your past use details of products and/or services that you may have purchased or were interested in, so as to suggest to you other products that may be of interest.

Marketing.

Use of Information:

  • We use Information we collect to (i) to send you information about promotions, offerings, and our features, (ii) provide ads based on your interests and location, (iii) engage with interactive features, activities, and Social Media Sites to provide you with, or allow the Social Media Sites to provide you with ads based on your interests, (iv) occasionally we also use this Information to offer, market, or advertise products, programs, or services to you from us and our affiliates, business partners, and selected third parties, or (v) for us and our affiliates, business partners, and select third parties to target, offer, or advertise products, programs, or services that may be of interest to you.

Processing Grounds Under GDPR:

  • Legitimate interests and with your consent (where required)

Legitimate Interests (where appropriate)

  • Promoting our products and services to our users, provide tailored offers, opportunities and services that may be of interest to you.

Communicating with you.

Use of Information:

  • We use Information about you to communicate with you, such as (i) to notify you when you win one of our contests or sweepstakes or when we make changes to our policies or terms, (ii) to respond to your inquiries, or (iii) to contact you about your account.

Processing Grounds Under GDPR:

  • Fulfilling contractual and legal obligations; and with your consent (where required)

Legitimate Interests (where appropriate)

  • Providing and/or communicating important information; increasing efficiency; managing, improving, or developing new services and products; aggregating statistics.

For security purposes and to analyze and continuously improve our Sites and services.

Use of Information:

  • We use technical and usage information to improve our design, functionality and content and to enable us to personalize your experience with our content and offerings. We use this Information (i) to provide, develop, maintain, personalize, protect, and improve our products, applications, and services, and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, and (iv) to prevent fraud.

Processing Grounds Under GDPR:

  • Fulfilling contractual and legal obligations; and with your consent (where required)

Legitimate Interests (where appropriate)

  • Evaluating information from your visits and interactions with the Sites to have a better understanding of their use so that we can develop a more intuitive user experience.

Marketing by and with third-party social networks.

Use of Information:

  • We use your Information when you interact with third party social networking features to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.

Processing Grounds Under GDPR:

  • Legitimate interest, and with your consent as obtained by us or any third party social network (where required)

Legitimate Interests (where appropriate)

  • Evaluating information from your visits and interactions with the Sites to have a better understanding of their use so that we can develop a more intuitive user experience, provide tailored offers, opportunities and services that may be of interest to you.

Compliance and to change our business structure.

Use of Information:

  • We use Information we collect to detect, investigate, and prevent activities that violate our terms of use, could be fraudulent, violate copyright, or other laws, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.  We may also provide your personal data to any potential acquirer of or investor in any part of Whalerock’s business for the purposes of that acquisition or investment.

Processing Grounds Under GDPR:

  • Fulfilling contractual and legal obligations

Legitimate Interests (where appropriate)

  • Protecting our business interests, property and other rights, protecting the privacy, safety and other rights of the public.
HOW WE SHARE AND DISCLOSE YOUR INFORMATION

Company controls your Information and is deemed a data controller as defined in the GDPR. We may share and disclose aggregated and de-identified Information about our users without restriction.

Where we engage data processors that process personal data outside of the EEA we will ensure that there will be an appropriate level of protection. In addition, we will implement legal safeguards governing such transfer, such as instruments similar to model contractual clauses, individuals’ consent, or other legal grounds permitted by applicable legal requirements.

Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections as EEA data protection laws. EU data protection laws allow Company to freely transfer personal data to such countries. Please contact us at privacy@tested.com if you would like to see a copy of the safeguards we apply in relation to the export of your personal data.

Service Providers. We have engaged the following categories of data processors that process personal data on our behalf: our contractors, service providers, content providers, and other third parties we use to support our business may have access to Information to help carry out the services they are performing for us, including: creating, maintaining, hosting, and delivering of our Site, products, and services; conducting marketing (for example to provide you with targeted advertisements with appropriate consent); handling payments, email and order fulfillment; administering contests; conducting research and analytics; and customer service.

Sponsors and co-promotions. We sometimes offer content or programs (e.g., contests, sweepstakes, promotions, or Social Media Site integrations) that are sponsored by or co-branded with third parties. By virtue of these relationships, the third parties collect or obtain Information from you when you participate in the activity. We have no control over these third parties' use of this Information. We encourage you to look at the privacy disclosure of any such third party to learn about their data practices before you participate in the activity.

Linked Sites. The Site contains links to other sites, including Social Media Sites. We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Pinterest and others, into our Site. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Legal and Law Enforcement Purposes. We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We may also disclose such Information to third parties: (i) for the purposes of fraud protection and credit risk reduction, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) to enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection, (iv) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others, (v) as otherwise required by law.

YOUR CHOICES

Marketing Communications and Sharing with Third Parties. If you have subscribed to receive newsletters and/or marketing information, you have an opportunity to select your preferences with respect to receiving marketing communications from us, and our sharing of Information with partners for their direct marketing purposes.

You may update your preferences with respect to receiving certain marketing communications from us, and our sharing of personal information with third parties. You may do so by contacting us at privacy@tested.com. You may also opt out of receiving email marketing communications, by following the “unsubscribe” instructions provided in every email you receive from us. You may also adjust your push notifications on your mobile device through your device or app settings.

Ad Choices. We may work with third parties to present advertisements, and engage in data collection, reporting, site analytics, ad delivery and response measurement on our Site and on third party websites and applications over time. These third parties may use cookies, web beacons, pixels, and other similar technology to perform this activity. They may also obtain information about websites you visit, applications you use, and other information from across your browsers and devices in order to present advertising that may be tailored to your interests on and off our Site and across other platforms. This type of advertising is known as interest-based advertising, and may be used to associate various browsers and devices together for the purpose of interest-based advertising and analytics.

For more information about interest-based advertising on your desktop or mobile browser, and your ability to opt out of this type of advertising by third parties, please visit Your Online Choices and/or the EDAA Self-Regulatory Initiative for Online Behavioral Advertising. Please note that any opt-out choices you may exercise through these programs will only apply to interest-based advertising by the third parties you select. You may also continue to receive advertising, but that advertising may be less relevant to your interests.

You may have more options depending on your operating system or mobile device. Most device operating systems provide their own instructions on how to minimize or block delivery of tailored in-app advertising. You can review the privacy settings in such operating system to learn about limiting of tailored in-app advertising. You may also disable precise location information from a mobile device through your mobile device settings and choose to limit that collection.

Performance Cookies

We make use of analytic cookies to analyse how our visitors use the Site and to monitor their performance. This allows us to provide a high-quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we may use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We may also use these cookies to highlight articles or Site’s services that we think will be of interest to you based on your usage of the Site. The information collected by these cookies is not associated with your personal information by us or by our contractors and is only used in aggregate and de-identified form. The following list sets out some examples of these types of cookies:

Cookie Source: Google Analytics

Purpose:

  • These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve our site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Further Information:

  • Click here for Google’s privacy policy in respect of Google Analytics: http://www.google.com/analytics/learn/privacy.html
  • You may opt out of tracking by Google Analytics by visiting: https://tools.google.com/dlpage/gaoptout?hl=en-GB.
  • Persistent cookies.

Cookie Source: Mouseflow

Purpose:

  • We use Mouseflow to capture anonymized user information how site visitors are interacting with the page elements.  We use this anonymous data to deliver feedback for an improved site experience for users.

Further Information:

  • Click here to see Mouseflow’s Privacy Policy: http://mouseflow.com/privacy/
  • If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out.
  • Persistent cookies.
Functionality Cookies

We make use of cookies to provide you with certain functionality. For example, viewing video content, live streams, or to remember choices you make and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites. The following list sets out some examples of these types of cookies:.

Cookie Source: Ooyala

Purpose:

  • Ooyala uses a cookie to better deliver video assets to end users, recording bandwidth and video size preferences, as well as any technical issues. All user data is anonymized.

Further Information:

  • Session cookie (expires when browser is closed)
Advertising Cookies

Advertising cookies (or targeting cookies) collect information about the browsing habits associated with your device and are used to make advertising more relevant to you and your interests. These cookies also measure the effectiveness of advertising campaigns and track whether ads have been properly displayed. The following list sets out some examples of these types of cookies:

Cookie Source: DoubleClick

Purpose:

  • DoubleClick uses cookies to improve advertising. Some common applications are to target advertising based on what’s relevant to a user, to improve reporting on campaign performance, and to avoid showing ads the user has already seen.

Further Information:

  • Click here for Google’s privacy policy in respect of DoubleClick  https://policies.google.com/privacy?hl=en
  • You may opt out of tracking by DoubleClick by visiting https://support.google.com/ads/answer/2662922?hl=en
  • Persistent cookies.

Cookie Source: Facebook Pixel

Purpose:

  • We use the Facebook pixel as a means of better understanding our users, to customize content and advertising, to provide social media features and to analyze traffic to the site. The collected data remains anonymous.  This means that we cannot see the personal data of any individual user. However, the collected data is saved and processed by Facebook.

Further Information:

  • Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with their privacy policy found under:  https://www.facebook.com/about/privacy/
  • If you'd like to opt-out, you can do so at https://www.facebook.com/ads/website_custom_audiences/
  • Persistent cookies.

Advertising Cookies may be used by social media sites that are linked from our Site, such as “Share” buttons or embedded audio/video players. These cookies also provide the requested functionality. Such social media sites put down advertising cookies both when you visit our Site and when you use their services and navigate away from our Site. The cookie practices of some of these social media sites are set out below:

YOUR RIGHTS TO ACCESS, CORRECT AND DELETE YOUR INFORMATION

You have the right to ask us for a copy of your Information, to correct it, erase it or restrict its processing, and to obtain the Information you have provided. You may also ask us to transmit certain Information that you have provided to a third party electronically.

You have the right to object to the processing of personal information on the basis of our legitimate interests. Where we have asked for your consent to process Information, you have the right to withdraw this consent at any time.

If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred.  Please be aware that certain exceptions apply to the exercise of these rights and so you may not be able to exercise all of these rights in all situations.

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). In some instances, this may mean that we are able to retain your Information even if you withdraw your consent. We will respond to most requests within one month.

You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the “unsubscribe” links provided in such communications. You may not opt out of Site-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the Site.

DATA RETENTION

Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as it necessary for the processing purpose(s) for which the personal data was collected, and any other permissible, related purpose. For example, we retain certain transaction details and correspondences until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data.

DATA SECURITY

We have implemented appropriate technical and organizational measures to secure the processing of personal data. These safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the personal data, and include measures designed to keep personal data protected from unauthorized access.

We restrict access to personal data to personnel and third parties that require access to such information for legitimate, relevant business purposes.

All of our staff members, contractors and third parties who will have access to personal data on our instructions will be bound to confidentiality and we use access controls to limit access to individuals that require such access for the performance of their responsibilities and tasks.

We have information security policies in place and its security policies and systems are frequently audited. We take the security of our IT infrastructure very seriously.

Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information via the Internet and mobile platforms is not completely secure, and thus, any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone.

CHANGES TO OUR POLICY

We may update our Policy from time to time. We will notify you about any material changes to this Privacy Policy by placing a notice on our Site. We encourage you to periodically check back and review this Policy so you are aware of any recent changes.

HOW TO CONTACT US

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at Web Property #5, LLC., Attn: Legal Affairs, Pacific Design Center, Red Building West, 750 N. San Vicente Blvd., 9th Floor, West Hollywood, CA, 90069, U.S.A. or email us at privacy@tested.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

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