Privacy Policy Notice: Last Call
Media, LLC.
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Thank you for visiting Last Call
Media, LLC.
(“Website,” “Site,” or “App”)
Thank you for visiting our website
located at (https://www.thelastcallmedia.com ).
The Site is an Internet property of
Last Call Media, LLC. (“Last Call Media, LLC”, “we”, “our” or “us”). This Last
Call Media, LLC Privacy Policy (“Privacy Policy”) covers our treatment of
personal information and other information that we collect when end-users
(“User,” “you” or “your”): (a) access or use the Site; (b) access and/or view
any of the: (i) links to third-party resources and
other information (“Third-Party Links”); and/or (ii) blog posts, text, video
and/or other information pertaining to various products and/or services made
available on the Site (the “Informational Content,” and together with the
Third-Party Links, the “Content”); (c) access links to Last Call Media, LLC
social media pages/accounts (collectively, “Social Media Pages”) on third-party
social media websites, such as Facebook®, Google+®, LinkedIn® and Twitter® (“Social Media Websites”); and/or (d)
utilize the various surveys, listings, contact forms and/or contact information
made available on the Site as a means to contact directly, or request to be
contacted by, Last Call Media, LLC and/or Last Call Media, LLC third-party
insurance product service providers (“Third-Party Service Providers”) (collectively,
the “Contact Services,” and together with the Site, Content and Social Media
Pages, the “Site Offerings”). Please note, if you are a resident of a European
Union Member State, you are not permitted to use the Site and/or Site
Offerings. Capitalized terms not defined herein shall have the meanings set
forth in the Last Call Media, LLC Website Terms and Conditions (“Terms and Conditions”).
IF YOU DO NOT AGREE TO TERMS OF THIS
PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE
OFFERINGS. Facebook® is a registered trademark of Facebook, LLC. Goggle+® is a
registered trademark of Google, LLC. LinkedIn® is a registered trademark of
LinkedIn Corporation. Twitter® is a registered trademark of Twitter, LLC.
Please be advised that Last Call Media, LLC is not in any way affiliated with,
nor are the Site Offerings endorsed, administered, or sponsored, by any of the aforementioned entities.
Data Processing Terms
Background.
The Customer, as used herein, refers
to the client who provides consent to their personal data for advertising
purpose to the contracting party Last Call Media LLC. Internet Advertising
Program – General Terms and Conditions (the “Terms of Service Agreement”). The
Terms of Service Agreement require Last Call Media LLC to process Personal Data
on behalf of the Customer (Client), wherein the terms and conditions of this
Data Processing Agreement shall apply.
This Data Processing Agreement
(Agreement) sets out the additional terms, requirements, and conditions on
which Last Call Media LLC will process Personal Data when providing services
under the Terms of Service Agreement placed by the Customer. This Agreement
contains the mandatory clauses applicable to Personal Data subject to the new
data protection laws, which apply to the collection and processing of personal
information for California, Connecticut, Colorado, Virginia, and Utah as
required by US state laws.
AGREED TERMS
1.
Definitions and
interpretation
The following definitions and rules of
interpretation apply in this Agreement.
1.1 Applicable Data Protection Law
means the data protection and privacy law, if it exists on the Effective Date
of this Agreement (the date of acceptance of providing your data on the lead
form), governing the processing, storage, transfer or other use of Personal
Data and privacy of certain individuals including the California Data
Privacy Legislation (as applicable to Personal Data of individuals located in
California under certain circumstances), the Colorado, Nevada, Utah, Virginia
and Connecticut Data Protection Legislation (as applicable to Personal Data of
individuals located in the EU), and the UK GDPR (as applicable to Personal Data
of individuals located in the UK), and its associated regulations, if and when
in force from time to time.
1.2 California Data Privacy – https://oag.ca.gov/privacy/ccpa Legislation means the California Consumer Privacy Act
(California Civil Code Sec. 1798.100 et seq., also known as the California
Consumer Privacy Act of 2018), the California Privacy Rights Act (California
Civil Code Sec. 1798.120 et seq., also known as the California Privacy Rights
Act of 2020, in effect beginning January 1, 2023), and its associated
regulations, if and when in force from time to time. If you are a resident of
the State of California and would like to learn how your “personal information”
(as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared
with third parties, what categories of personal information that we have shared
with third parties in the preceding year, as well as the names and addresses of
those third parties, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400 Stamford CT 069026. Further, if you are a resident
of the State of California and would like to opt-out from the disclosure of
your personal information to any third-party for marketing purposes, please
e-mail us at: supports@lastcall-media.com; call us at: (475)
242-4615; or send us U.S. mail to: Last Call Media, LLC 6 Landmark Square,
Suite 400 Stamford, CT.
1.3 YOUR COLORADO PRIVACY RIGHTS
– https://leg.colorado.gov/bills/sb21-190 If you are a resident of the State of Colorado and
would like to opt-out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.4 YOUR CONNECTICUT PRIVACY RIGHTS
– https://www.cga.ct.gov/2022/ACT/PA/PDF/2022PA-00015-R00SB-00006-PA.PDF If you are a resident of the State of Connecticut and
would like to opt out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.5 YOUR NEVADA PRIVACY RIGHTS – https://www.leg.state.nv.us/nrs/nrs-603a.html If you are a resident of the State of Nevada and
would like to opt-out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.6 YOUR UTAH PRIVACY RIGHTS – https://le.utah.gov/~2022/bills/static/SB0227.html If you are a resident of the State of Utah and would
like to opt-out from the sale of your personal information to any third party
data broker, please e-mail us at supports@lastcall-media.com; call
us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.7 YOUR VIRGINA PRIVACY RIGHTS
– https://law.lis.virginia.gov/vacode/title59.1/chapter53/ If you are a resident of the State of Virginia and
would like to opt out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of the State of
California and would like to learn how your “personal information” (as defined
in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third
parties, what categories of personal information that we have shared with third
parties in the preceding year, as well as the names and addresses of those
third parties, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 069026. Further, if you are a resident
of the State of California and would like to opt-out from the disclosure of
your personal information to any third-party for marketing purposes, please
e-mail us at: supports@lastcall-media.com; call us at: (475)
242-4615; or send us U.S. mail to: Last Call Media, LLC 6 Landmark Square,
Suite 400 Stamford, CT.
YOUR COLORADO PRIVACY RIGHTS
If you are a resident of the State of
Colorado and would like to opt-out from the sale of your personal information
to any third-party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
YOUR NEVADA PRIVACY RIGHTS
If you are a resident of the State of
Nevada and would like to opt-out from the sale of your personal information to
any third-party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
YOUR UTAH PRIVACY RIGHTS
If you are a resident of the State of
Utah and would like to opt-out from the sale of your personal information to
any third-party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
YOUR VIRGINA PRIVACY RIGHTS
If you are a resident of the State of
Virginia and would like to opt out from the sale of your personal information
to any third-party data broker, please e-mail us
at: supports@lastcall-media.com; call us at: (475) 242-4615; or send us
U.S. mail to: Last Call Media, LLC, 6 Landmark Square, Suite 400. Stamford CT
06902.
PERSONAL INFORMATION WE COLLECT
For the purposes of this Privacy
Policy, “personal information” shall mean individually identifiable information
from or about an individual. We collect personal information when you access
certain of the Site Offerings and complete the required information request
form(s) and/or otherwise provide such information to us. The information that
you must supply on the form(s) may include, without limitation: (a) the User’s
e-mail address; (b) the User’s full name; (c) your telephone number; (d) your
mailing address; (e) your gender; (f) your date of birth; (g) whether or not
you have obtained insurance in the preceding thirty (30) days; (h) general
information, depending on the type of insurance requested, regarding the your
automobile, health, height/weight, home ownership status, status as a
smoker/non-smoker, any history of serious illness and other similar
information; and (i) any other information collected
via the applicable Contact Services form. For purposes of this Privacy Policy,
certain information provided in connection with item (h) in the preceding
paragraph may be considered “Sensitive Information.”
USE AND SHARING OF PERSONAL
INFORMATION
By submitting your personal
information by and through the Site Offerings, you agree that we may share,
sell, rent, lease, or otherwise provide that personal information (other than
Sensitive Information) to any third party for any purpose permitted by law, and
we may work with other businesses to bring selected retail opportunities to our
Users. These businesses and third parties may include but are not limited to:
(a) providers of direct marketing services and applications, including lookup
and reference, data enhancement, suppression, and validation; (b) e-mail
marketers; (c) telemarketers (where permitted by applicable law); and (d)
direct marketers. We will also use your personal information to send you
promotional messages regarding various Last Call Media, LLC products and/or
services, as well as third party products and/or services that we think may be
of interest to you. Without limiting the foregoing, upon entering personal
information and clicking on the applicable submission button on the Site, Last
Call Media, LLC may pass your personal information (including Sensitive Information)
along to one (1) or more of Last Call Media, LLC Third-Party Service Providers.
We may also employ third parties and individuals to perform certain functions
on our behalf, including helping us operate the Site Offerings and/or to
administer related activities on our behalf. Examples include sending direct
and electronic mail, removing duplicate information from User lists, analyzing
data, and providing marketing analysis. The agents performing these limited
functions on our behalf shall have access to our Users’ personal information as
needed to perform their functions for us, but we do not permit them to use User
personal information for other purposes. Additionally, we purchase and manage
e-mail lists generated by third parties. Users may remove themselves from a
specific mailing list by utilizing the unsubscribe options that are present and
available at the end of each piece of e-mail that we send. We will also use
your personal information for customer service, to provide you with information
that you may request, to customize your experience on the Site and/or to
contact you, when necessary, in connection with transactions entered
into by you through the Site Offerings. We may also use your personal
information for internal business purposes, such as analyzing and managing our
business. We may also combine the information we have gathered about you with
information from other sources. By registering at the Site, you agree that such
act constitutes an inquiry and/or application for purposes of the Amended
Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time
(the “Rule”) and applicable state do-not-call regulations. As such,
notwithstanding that your telephone number may be listed on the Federal Trade
Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we
retain the right to contact you via telemarketing in accordance with the Rule
and applicable state do-not-call regulations. Where you provide “prior express
consent” within the meaning of the Telephone Consumer Protection Act (47 USC §
227), and its implementing regulations adopted by the Federal Communications
Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA“), you
consent to receive telephone calls from Last Call Media, LLC and any specified
Third-Party Service Provider(s), Including artificial voice calls,
pre-recorded messages and/or calls (including SMS text messages)
delivered via automated technology, to the telephone number(s) that you
provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your
consent simply allows Last Call Media, LLC, and any specified Third-Party
Service Provider(s) to contact you via these means. Please be advised that by
agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously
provided to us changes. Without limiting the foregoing, if you: (a) have your
telephone number reassigned to another person or entity; (b) give up your
telephone number so that it is no longer used by you; (c) port your telephone
number to a landline or vice versa; or (d) otherwise stop using that telephone
number for any reason (collectively “Phone Number Change”), you agree that you
shall promptly notify Last Call Media, LLC of the Phone Number Change via
e-mail at: supports@lastcall-media.com, or by using one of the
methods set forth in the “Contact Us” section below. We also reserve the right
to release current or past User information (Including Sensitive
Information) in the event that we believe that the User is using, or has used,
our products, services and/or Site: (i) in violation
of the Terms and Conditions, this Privacy Policy or any other of our operating
rules, policies, price schedules and other supplemental terms and conditions or
documents that may be published by us from time to time; (ii) to commit
unlawful acts; (iii) if such information is subpoenaed; provided, however,
that, where permitted by applicable law, we shall provide you with e-mail
notice, and opportunity to challenge the subpoena, prior to disclosure of any
personal information pursuant to a subpoena; (iv) if we are sold, merge with a
third party, are acquired or are the subject of bankruptcy proceedings;
provided, however, that if we are involved in a bankruptcy proceeding, merger,
acquisition or sale of all or a portion of our assets, you will be notified via
e-mail and/or a prominent notice on the Site of any change in ownership or uses
of your personal information, as well as any choices that you may have
regarding your personal information; and/or (v) when we deem it necessary or
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, and Federal Trade Commission
implementing regulations. 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 with/to any third party for
any and all uses permitted by this Privacy Policy and applicable law.
NON-PERSONAL INFORMATION COLLECTION
AND USE
Computer IP Addresses/Browser Type:
We may collect certain non-personally
identifiable information about you and your desktop computer when you visit
many of the pages of the Site. This non-personally identifiable information
includes, without limitation, the type of browser that you use (e.g., Safari,
Chrome, Internet Explorer), your IP address, the type of operating system that
you use (e.g., Windows or iOS) and the domain name of your Internet service
provider (e.g., Verizon, AT&T). We use the non-personally identifiable
information that we collect to improve the design and content of the Site Offerings
and to enable us to personalize your Internet experience. We also may use this
information in the aggregate to analyze usage of the Site Offerings. Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files
(collectively, “Cookies”) to assign an anonymous, unique identifier to the
applicable User’s computer and/or mobile device, as applicable. A Cookie is a
piece of data stored on your hard drive containing non-personally identifiable
information about you. Cookies have many benefits to enhance your experience on
the Site, as applicable. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site
Offerings, Including for storing User preferences and
tracking Site usage (such as pages opened and length of stay at the Site, as
applicable). Most Internet browsers are initially set up to accept Cookies, but
you can reset your browser to refuse all Cookies or to indicate when a Cookie
is being sent. To disable and reject certain Cookies, follow the instructions
associated with your Internet browser. To manage Flash Cookies, please click
here. Even in the case where a User rejects a Cookie, he or she may still use
the Site Offerings; provided, however, that certain functions of the Site
Offerings may be impaired or rendered inoperable if the use of Cookies is
disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking:
Last Call Media, LLC and its
third-party partners use Cookies, pixels and other tracking technology
(collectively, “Tracking Technology”) to analyze trends, administer the Site,
track Users’ movements around the Site and to gather demographic information about
our User base as a whole. In addition, we partner with
a third-party to use Tracking Technology in connection with the display of
advertising on our Site and to manage the serving of our advertising on other
websites. Our third-party partners may use Tracking Technology to gather
information about your activities on the Site and other websites in order to provide you with advertising based upon your
browsing activities and interests. If you wish to opt-out of having this
information used for the purpose of serving you interest-based ads, you may
opt-out by e-mailing us at: supports@lastcall-media.com; call us
at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6 Landmark
Square, Suite 400. Stamford CT 06902. In addition, Users may be able to
disable some, but not all, of this tracking activity by utilizing the “Do Not
Track” setting or similar options within most major Internet browsers. Further,
Users may be able to opt-out of this form of tracking utilizing the options
made available by the Network Advertising Initiative or Digital Advertising
Alliance. Please note that opting out of this tracking activity does not opt
you out of being served advertising. Even where you opt out of this tracking
activity, you will continue to receive generic ads.
Cross Device Tracking:
Last Call Media, LLC tracks Users’ use
of the Site Offerings across various devices, Including
your personal computer and mobile device, in order to optimize and personalize
your Site Offerings experience. Last Call Media, LLC may collect certain of
your personal information across various devices. If you would like to opt-out
of having your use of the Site Offerings tracked across multiple devices,
please e-mail us at: supports@lastcall-media.com. Please be advised
that where you opt-out of having your use of the Site Offerings tracked across
devices, you may need to upload certain information multiple times and/or input
your log-in information multiple times.
Aggregate Data:
Last Call Media, LLC reserves the
right to transfer and/or sell aggregate or group data about Users of the Site
Offerings for lawful purposes. Aggregate or group data is data that describes
the demographics, usage, and other characteristics of Users as a group, without
disclosing personally identifiable information.
SOCIAL MEDIA WEBSITES
If you engage in any interaction with
Last Call Media, LLC , other Users or any third-party on any Social Media
Pages, you should be aware that: (a) the personal information that you submit
by and through such Social Media Pages can be read, collected and/or used by
other users of these websites/services (depending on your privacy settings
associated with your accounts with the applicable Social Media Websites), and
could be used to send you unsolicited messages or otherwise to contact you
without your consent or desire; and (b) where Last Call Media, LLC responds to
any interaction on such Social Media Pages, your account name/handle may be
viewable by any and all members/users of Last Call Media, LLC social media
accounts. We are not responsible for the personal information that you choose
to submit on any Social Media Websites. Your interactions with the Social Media Pages are governed by the privacy policies of
the applicable Social Media Websites. We encourage you to review the privacy
policies and settings of the Social Media Pages with
which you interact to help you understand those Social Media Websites’
respective privacy practices. If you have questions about the security and
privacy settings of any Social Media Pages that you
use, please refer to the applicable Social Media Website’s privacy notices or
policies.
THIRD PARTY WEBSITES
This Site may contain links to
third-party owned and/or operated websites Including, without limitation,
Social Media Websites, the websites of Third-Party Service Providers, as well
as the websites of other third parties. Last Call Media, LLC 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 these 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 Last Call Media, LLC has no responsibility or liability relating to them.
SECURITY OF YOUR PERSONAL INFORMATION
We endeavor to safeguard and protect
our Users’ personal information. When Users make personal information available
to us, their personal information is protected both online and offline (to the
extent that we maintain any personal information offline). Where our
registration/application process prompts Users to enter Sensitive Information
(such as medical information and health insurance information), and when we
store and transmit such Sensitive Information, that information is encrypted
with advanced TLS (Transport Layer Security). Access to your personal
information is strictly limited, and we take reasonable security measures to
ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our
offices, as well as the offices of our third-party service providers. Only
employees or third-party agents who need User personal information to perform a
specific job are granted access to User personal information. Our employees are
dedicated to ensuring the security and privacy of all User personal
information. Employees not adhering to our firm policies are subject to
disciplinary action. The servers that we store User personal information on are
kept in a secure physical environment. We also have security measures in place
to protect the loss, misuse, and alteration of personal information under our
control. Please be advised, however, that while we take every reasonable
precaution available to protect your data, no storage facility, technology,
software, security protocols or data transmission over the Internet or via
wireless networks can be guaranteed to be 100% secure. Computer hackers that
circumvent our security measures may gain access to certain portions of your
personal information, and technological bugs, errors and glitches may cause
inadvertent disclosures of your personal information; provided, however, that
any attempt to breach the security of the network, our servers, databases or
other hardware or software may constitute a crime punishable by law. For the
reasons mentioned above, we cannot warrant that your personal information will
be absolutely secure. Any transmission of data at or
through the Site, other Site Offerings or otherwise via the Internet or
wireless networks, is done at your own risk. 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.
CHILDREN’S PRIVACY
Under eighteen (18) years of age are
not permitted to use and/or submit their personal information at the Site. Last
Call Media, LLC does not knowingly solicit or collect information from visitors
under eighteen (18) years of age.
OPT-OUT/UNSUBSCRIBE
To opt-out of receiving e-mail and
other forms of communication from us, you can: (a) follow the instructions
included in the applicable e-mail message or other communication; or (b) e-mail
us at: supports@lastcall-media.com. Notwithstanding the foregoing,
we may continue to contact you for the purpose of communicating information
relating to your request for Site Offerings, as well as to respond to any
inquiry or request made by you. To opt-out of receiving Site Offerings-related
and/or inquiry response-related messages from Last Call Media, LLC, you must
cease requesting and/or utilizing the Site Offerings and/or cease submitting
inquiries to Last Call Media, LLC, as applicable.
DELETING, MODIFYING AND UPGRADING YOUR
INFORMATION
At your request, we will: (a) inform
you of what personal information we have on file for you; (b) amend the
personal information that we have on file for you; and/or (c) remove personal information
that you have provided to us, or that we have otherwise collected. You may do
so by e-mailing us at: supports@lastcall-media.com. We ask
individual Users to identify themselves and the information requested to be
accessed, corrected or removed before processing such
requests, and, to the extent permitted by applicable law, we may decline to
process requests that are unreasonably repetitive or systematic, require
disproportionate technical effort, jeopardize the privacy of others or would be
extremely impractical (for instance, requests concerning information residing
on backup tapes). Please be advised that deleting your personal information may
terminate your access to certain of the Site Offerings. If you wish to continue
using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for
you. Please be further advised that, after you delete your personal
information, residual copies may take a period of time
before they are deleted from our active servers and may remain in our backup
systems.
TRANSFER OF PERSONAL INFORMATION
INTERNATIONALLY
If you are visiting the Site from a
country other than the country in which our servers are located, your
communications with us may result in the transfer of information across
international boundaries. By visiting the Site and/or otherwise communicating
electronically with us, you consent to such transfers. Even if your
jurisdiction does not have the same privacy laws as the jurisdiction where our
servers are located, we will treat your information as subject to the
protections described in this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
Last Call Media, LLC reserves the
right to change or update this Privacy Policy at any time by posting a notice
on the Site that we are changing our Privacy Policy. If the manner
in which we use personal information changes, Last Call Media, LLC will
notify Users by: (a) sending the modified policy to our Users via e-mail;
and/or (b) any other reasonable means acceptable under applicable state and
federal law. You will have a choice as to whether or not
we use your information in this different manner and we will only use your
information in this different manner where you opt-in to such use.
CONTACT US
If you have any questions about this
Privacy Policy or our privacy practices in general, you may: e-mail us
at: supports@lastcall-media.com; call us at: (475) 242-4615; or
send us U.S. mail to: Last Call Media, LLC, 6 Landmark Square, Suite 400.
Stamford CT 069026.
Background.
The Customer, as used herein, refers
to the client who provides consent to their personal data for advertising
purpose to the contracting party Last Call Media LLC. Internet Advertising
Program – General Terms and Conditions (the “Terms of Service Agreement”). The
Terms of Service Agreement require Last Call Media LLC to process Personal Data
on behalf of the Customer (Client), wherein the terms and conditions of this
Data Processing Agreement shall apply.
This Data Processing Agreement (Agreement)
sets out the additional terms, requirements, and conditions on which Last Call
Media LLC will process Personal Data when providing services under the Terms of
Service Agreement placed by the Customer. This Agreement contains the mandatory
clauses applicable to Personal Data subject to the new data protection laws,
which apply to the collection and processing of personal information for
California, Connecticut, Colorado, Virginia, and Utah as required by US state
laws.
AGREED TERMS
1.
Definitions and
interpretation
The following definitions and rules of
interpretation apply in this Agreement.
1.1 Applicable Data Protection Law
means the data protection and privacy law, if it exists on the Effective Date
of this Agreement (the date of acceptance of providing your data on the lead
form), governing the processing, storage, transfer or other use of Personal
Data and privacy of certain individuals Including the California Data
Privacy Legislation (as applicable to Personal Data of individuals located in California
under certain circumstances), the Colorado, Nevada, Utah, Virginia European
Data Protection Legislation (as applicable to Personal Data of individuals
located in the EU), and the UK GDPR (as applicable to Personal Data of
individuals located in the UK), and its associated regulations, if and when in
force from time to time.
1.2 California Data Privacy – https://oag.ca.gov/privacy/ccpa Legislation means the California Consumer Privacy Act
(California Civil Code Sec. 1798.100 et seq., also known as the California
Consumer Privacy Act of 2018), the California Privacy Rights Act (California
Civil Code Sec. 1798.120 et seq., also known as the California Privacy Rights
Act of 2020, in effect beginning January 1, 2023), and its associated
regulations, if and when in force from time to time. If you are a resident of
the State of California and would like to learn how your “personal information”
(as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared
with third parties, what categories of personal information that we have shared
with third parties in the preceding year, as well as the names and addresses of
those third parties, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, LLC
6 Landmark Square, Suite 400. Stamford CT 069026. Further, if you are a
resident of the State of California and would like to opt-out from the
disclosure of your personal information to any third-party for marketing
purposes, please e-mail us at: supports@lastcall-media.com; call us at:
(475) 242-4615; or send us U.S. mail to: Last Call Media, LLC 6 Landmark
Square, Suite 400 Stamford, CT.
1.3 YOUR COLORADO PRIVACY RIGHTS
– https://leg.colorado.gov/bills/sb21-190 If you are a resident of the State of Colorado and
would like to opt-out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.4 YOUR CONNECTICUT PRIVACY RIGHTS –
https://www.cga.ct.gov/2022/ACT/PA/PDF/2022PA-00015-R00SB-00006-PA.PDF If you
are a resident of the State of Connecticut and would like to opt out from the
sale of your personal information to any third party
data broker, please e-mail us at: supports@lastcall-media.com; call
us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
1.5 YOUR NEVADA PRIVACY RIGHTS –
https://www.leg.state.nv.us/nrs/nrs-603a.html If you are a resident of the
State of Nevada and would like to opt-out from the sale of your personal
information to any third party data broker, please
e-mail us at: supports@lastcall-media.com; call us at: (475)
242-4615; or send us U.S. mail to: Last Call Media, LLC, 6 Landmark Square,
Suite 400. Stamford CT 06902.
1.6 YOUR UTAH PRIVACY RIGHTS –
https://le.utah.gov/~2022/bills/static/SB0227.html If you are a resident of the
State of Utah and would like to opt-out from the sale of your personal
information to any third party data broker, please
e-mail us at: supports@lastcall-media.com; call us at: (475)
242-4615; or send us U.S. mail to: Last Call Media, LLC, 6 Landmark Square,
Suite 400. Stamford CT 06902.
1.7 YOUR VIRGINA PRIVACY RIGHTS
– https://law.lis.virginia.gov/vacode/title59.1/chapter53/ If you are a resident of the State of Virginia and
would like to opt out from the sale of your personal information to any third
party data broker, please e-mail us at: supports@lastcall-media.com;
call us at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6
Landmark Square, Suite 400. Stamford CT 06902.
PERSONAL INFORMATION WE COLLECT
For the purposes of this Privacy
Policy, “personal information” shall mean individually identifiable information
from or about an individual. We collect personal information when you access
certain of the Site Offerings and complete the required information request
form(s) and/or otherwise provide such information to us. The information that
you must supply on the form(s) may include, without limitation: (a) the User’s
e-mail address; (b) the User’s full name; (c) your telephone number; (d) your
mailing address; (e) your gender; (f) your date of birth; (g) whether or not
you have obtained insurance in the preceding thirty (30) days; (h) general
information, depending on the type of insurance requested, regarding the your
automobile, health, height/weight, home ownership status, status as a
smoker/non-smoker, any history of serious illness and other similar
information; and (i) any other information collected
via the applicable Contact Services form. For purposes of this Privacy Policy,
certain information provided in connection with item (h) in the preceding paragraph
may be considered “Sensitive Information.”
USE AND SHARING OF PERSONAL
INFORMATION
By submitting your personal
information by and through the Site Offerings, you agree that we may share,
sell, rent, lease, or otherwise provide that personal information (other than
Sensitive Information) to any third party for any purpose permitted by law, and
we may work with other businesses to bring selected retail opportunities to our
Users. These businesses and third parties may include but are not limited to:
(a) providers of direct marketing services and applications, Including
lookup and reference, data enhancement, suppression, and validation; (b) e-mail
marketers; (c) telemarketers (where permitted by applicable law); and (d)
direct marketers. We will also use your personal information to send you
promotional messages regarding various Last Call Media, LLC products and/or
services, as well as third party products and/or services that we think may be
of interest to you. Without limiting the foregoing, upon entering personal
information and clicking on the applicable submission button on the Site, Last
Call Media, LLC may pass your personal information (Including Sensitive
Information) along to one (1) or more of Last Call Media, LLC Third-Party
Service Providers. We may also employ third parties and individuals to perform
certain functions on our behalf, Including helping us operate the Site
Offerings and/or to administer related activities on our behalf. Examples
include sending direct and electronic mail, removing duplicate information from
User lists, analyzing data and providing marketing
analysis. The agents performing these limited functions on our behalf shall
have access to our Users’ personal information as needed to perform their
functions for us, but we do not permit them to use User personal information
for other purposes. Additionally, we purchase and manage e-mail lists generated
by third parties. Users may remove themselves from a specific mailing list by
utilizing the unsubscribe options that are present and available at the end of
each piece of e-mail that we send. We will also use your personal information
for customer service, to provide you with information that you may request, to
customize your experience on the Site and/or to contact you, when necessary, in
connection with transactions entered into by you
through the Site Offerings. We may also use your personal information for
internal business purposes, such as analyzing and managing our business. We may
also combine the information we have gathered about you with information from
other sources. By registering at the Site, you agree that such act constitutes
an inquiry and/or application for purposes of the Amended Telemarketing Sales
Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and
applicable state do-not-call regulations. As such, notwithstanding that your
telephone number may be listed on the Federal Trade Commission’s Do-Not-Call
List, and/or on applicable state do-not-call lists, we retain the right to contact
you via telemarketing in accordance with the Rule and applicable state
do-not-call regulations. Where you provide “prior express consent” within the
meaning of the Telephone Consumer Protection Act (47 USC § 227), and its
implementing regulations adopted by the Federal Communications Commission (47
CFR § 64.1200), as amended from time-to-time (“TCPA“), you consent to receive
telephone calls from Last Call Media, LLC and any specified Third-Party Service
Provider(s), Including artificial voice calls, pre-recorded messages and/or
calls (Including SMS text messages) delivered via automated technology, to the
telephone number(s) that you provided. Please note that you are not required to
provide this consent in order to obtain access to the
Site Offerings, and your consent simply allows Last Call Media, LLC and any
specified Third-Party Service Provider(s) to contact you via these means.
Please be advised that by agreeing to this Privacy Policy, you are obligated to
immediately inform us if and when the telephone number
that you have previously provided to us changes. Without limiting the
foregoing, if you: (a) have your telephone number reassigned to another person
or entity; (b) give up your telephone number so that it is no longer used by
you; (c) port your telephone number to a landline or vice versa; or (d)
otherwise stop using that telephone number for any reason (collectively “Phone
Number Change”), you agree that you shall promptly notify Last Call Media, LLC
of the Phone Number Change via e-mail at: supports@lastcall-media.com,
or by using one of the methods set forth in the “Contact Us” section below. We
also reserve the right to release current or past User information (Including
Sensitive Information) in the event that we believe that the User is using, or
has used, our products, services and/or Site: (i) in
violation of the Terms and Conditions, this Privacy Policy or any other of our
operating rules, policies, price schedules and other supplemental terms and
conditions or documents that may be published by us from time to time; (ii) to
commit unlawful acts; (iii) if such information is subpoenaed; provided,
however, that, where permitted by applicable law, we shall provide you with
e-mail notice, and opportunity to challenge the subpoena, prior to disclosure
of any personal information pursuant to a subpoena; (iv) if we are sold, merge
with a third party, are acquired or are the subject of bankruptcy proceedings;
provided, however, that if we are involved in a bankruptcy proceeding, merger,
acquisition or sale of all or a portion of our assets, you will be notified via
e-mail and/or a prominent notice on the Site of any change in ownership or uses
of your personal information, as well as any choices that you may have
regarding your personal information; and/or (v) when we deem it necessary or
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, and Federal Trade Commission
implementing regulations. 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 with/to any third party for
any and all uses permitted by this Privacy Policy and applicable law.
NON-PERSONAL INFORMATION COLLECTION
AND USE
Computer IP Addresses/Browser Type:
We may collect certain non-personally
identifiable information about you and your desktop computer when you visit
many of the pages of the Site. This non-personally identifiable information
includes, without limitation, the type of browser that you use (e.g., Safari,
Chrome, Internet Explorer), your IP address, the type of operating system that
you use (e.g., Windows or iOS) and the domain name of your Internet service
provider (e.g., Verizon, AT&T). We use the non-personally identifiable
information that we collect to improve the design and content of the Site
Offerings and to enable us to personalize your Internet experience. We also may
use this information in the aggregate to analyze usage of the Site Offerings.
Cookies When a User visits the Site, we send one (1) or more cookies and/or gif
files (collectively, “Cookies”) to assign an anonymous, unique identifier to
the applicable User’s computer and/or mobile device, as applicable. A Cookie is
a piece of data stored on your hard drive containing non-personally
identifiable information about you. Cookies have many benefits to enhance your
experience on the Site, as applicable. To find out more about Cookies, please
visit www.cookiecentral.com. We use Cookies to improve the quality of the Site
Offerings, including for storing User preferences and tracking Site usage (such
as pages opened and length of stay at the Site, as applicable). Most Internet
browsers are initially set up to accept Cookies, but you can reset your browser
to refuse all Cookies or to indicate when a Cookie is being sent. To disable
and reject certain Cookies, follow the instructions associated with your
Internet browser. To manage Flash Cookies, please click here. Even in the case
where a User rejects a Cookie, he or she may still use the Site Offerings;
provided, however, that certain functions of the Site Offerings may be impaired
or rendered inoperable if the use of Cookies is disabled. We reserve the right
to retain Cookie data indefinitely.
Behavioral Tracking:
Last Call Media, LLC and its
third-party partners use Cookies, pixels and other tracking technology
(collectively, “Tracking Technology”) to analyze trends, administer the Site,
track Users’ movements around the Site and to gather demographic information
about our User base as a whole. In addition, we
partner with a third-party to use Tracking Technology in connection with the
display of advertising on our Site and to manage the serving of our advertising
on other websites. Our third-party partners may use Tracking Technology to
gather information about your activities on the Site and other websites in order to provide you with advertising based upon your
browsing activities and interests. If you wish to opt-out of having this
information used for the purpose of serving you interest-based ads, you may
opt-out by e-mailing us at: supports@lastcall-media.com; call us
at: (475) 242-4615; or send us U.S. mail to: Last Call Media, LLC, 6 Landmark
Square, Suite 400. Stamford CT 06902.
In addition, Users may be able to
disable some, but not all, of this tracking activity by utilizing the “Do Not
Track” setting or similar options within most major Internet browsers. Further,
Users may be able to opt-out of this form of tracking utilizing the options
made available by the Network Advertising Initiative or Digital Advertising
Alliance. Please note that opting out of this tracking activity does not opt
you out of being served advertising. Even where you opt out of this tracking
activity, you will continue to receive generic ads.
Cross Device Tracking:
Last Call Media, LLC tracks Users’ use
of the Site Offerings across various devices, including your personal computer
and mobile device, in order to optimize and
personalize your Site Offerings experience. Last Call Media, LLC may collect
certain of your personal information across various devices. If you would like
to opt-out of having your use of the Site Offerings tracked across multiple
devices, please e-mail us at: supports@lastcall-media.com. Please
be advised that where you opt-out of having your use of the Site Offerings
tracked across devices, you may need to upload certain information multiple
times and/or input your log-in information multiple times.
Aggregate Data:
Last Call Media, LLC reserves the
right to transfer and/or sell aggregate or group data about Users of the Site
Offerings for lawful purposes. Aggregate or group data is data that describes
the demographics, usage, and other characteristics of Users as a group, without
disclosing personally identifiable information.
SOCIAL MEDIA WEBSITES
If you engage in any interaction with
Last Call Media, LLC , other Users or any third-party on any Social Media
Pages, you should be aware that: (a) the personal information that you submit
by and through such Social Media Pages can be read, collected and/or used by
other users of these websites/services (depending on your privacy settings
associated with your accounts with the applicable Social Media Websites), and
could be used to send you unsolicited messages or otherwise to contact you
without your consent or desire; and (b) where Last Call Media, LLC responds to
any interaction on such Social Media Pages, your account name/handle may be
viewable by any and all members/users of Last Call Media, LLC social media
accounts. We are not responsible for the personal information that you choose
to submit on any Social Media Websites. Your interactions with the Social Media Pages are governed by the privacy policies of
the applicable Social Media Websites. We encourage you to review the privacy
policies and settings of the Social Media Pages with
which you interact to help you understand those Social Media Websites’
respective privacy practices. If you have questions about the security and
privacy settings of any Social Media Pages that you
use, please refer to the applicable Social Media Website’s privacy notices or
policies.
THIRD PARTY WEBSITES
This Site may contain links to
third-party owned and/or operated websites Including, without limitation,
Social Media Websites, the websites of Third-Party Service Providers, as well
as the websites of other third parties. Last Call Media, LLC 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 these 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 Last Call Media, LLC has no responsibility or liability relating to them.
SECURITY OF YOUR PERSONAL INFORMATION
We endeavor to safeguard and protect
our Users’ personal information. When Users make personal information available
to us, their personal information is protected both online and offline (to the
extent that we maintain any personal information offline). Where our
registration/application process prompts Users to enter Sensitive Information
(such as medical information and health insurance information), and when we
store and transmit such Sensitive Information, that information is encrypted
with advanced TLS (Transport Layer Security). Access to your personal
information is strictly limited, and we take reasonable security measures to
ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our
offices, as well as the offices of our third-party service providers. Only
employees or third-party agents who need User personal information to perform a
specific job are granted access to User personal information. Our employees are
dedicated to ensuring the security and privacy of all User personal
information. Employees not adhering to our firm policies are subject to
disciplinary action. The servers that we store User personal information on are
kept in a secure physical environment. We also have security measures in place
to protect the loss, misuse, and alteration of personal information under our
control. Please be advised, however, that while we take every reasonable
precaution available to protect your data, no storage facility, technology,
software, security protocols or data transmission over the Internet or via
wireless networks can be guaranteed to be 100% secure. Computer hackers that
circumvent our security measures may gain access to certain portions of your
personal information, and technological bugs, errors and glitches may cause
inadvertent disclosures of your personal information; provided, however, that
any attempt to breach the security of the network, our servers, databases or
other hardware or software may constitute a crime punishable by law. For the
reasons mentioned above, we cannot warrant that your personal information will
be secure. Any transmission of data at or through the Site, other Site
Offerings or otherwise via the Internet or wireless networks, is done at your
own risk. 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.
CHILDREN’S PRIVACY
Under eighteen (18) years of age are
not permitted to use and/or submit their personal information at the Site. Last
Call Media, LLC does not knowingly solicit or collect information from visitors
under eighteen (18) years of age.
Opt-In/ Lead Gen form
Opt-in Data agreement:
Filling out the form check box on the
website for Policyfetch and subpages is not a
solicitation for insurance, for any permission to contact (PTC) linked to
Medicare Supplement products. Medicare Advantage Plans (Part C), Prescription
Drug (Part D), and Medicare Supplement Insurance (Medigap) plans. By checking
this box and clicking the “Agree and Find A Plan”
button below, I give my express consent authorizing Policyfetch
LLC. and its Marketing Partners to contact me by email and telephone, which may
include artificial or pre-recorded calls and/or text messages, delivered via
automated technology to the phone number(s) that you have provided above (for
which you are the primary user and subscriber), Including wireless number(s),
if applicable. You understand that your consent is not required as a condition
of service. You may revoke your consent at any time by emailing supports@lastcall-media.com and/or
calling (475)-242-4615.
By completing the contact form or
calling the number listed, you will be directed to a licensed sales agent who
can answer your questions and provide information about Medicare options. The
communications consented to above include marketing of insurance products.
Licensed insurance agents are not connected with or endorsed by the U.S.
government or the federal Medicare program. Submitting this form does NOT
affect your current enrollment, nor will it enroll you in a Medicare Advantage
Plan, Prescription Drug Plan, or other Medicare plan. A Medicare Advantage Plan
is a health insurance plan provided through a private insurer and delivers
Medicare Part A and Part B benefits. A Part D Drug Plan is a prescription drug
insurance plan provided through a private insurer and delivers Medicare Part D
benefits.
By checking this box on the site and
clicking the “Agree and Submit button below, you represent that you: 1) are 18+
years of age; 2) have read and agree to the Policyfetch.com Terms and
Conditions (Including mandatory arbitration) and Privacy Policy; and 3) agree
to receive email marketing from Policyfetch LLC. and
its marketing partners.
OPT-OUT/UNSUBSCRIBE
To opt-out of receiving e-mail and
other forms of communication from us, you can: (a) follow the instructions
included in the applicable e-mail message or other communication; or (b) e-mail
us at: supports@lastcall-media.com. Notwithstanding the foregoing,
we may continue to contact you for the purpose of communicating information
relating to your request for Site Offerings, as well as to respond to any
inquiry or request made by you. To opt-out of receiving Site Offerings-related
and/or inquiry response-related messages from Last Call Media, LLC, you must
cease requesting and/or utilizing the Site Offerings and/or cease submitting
inquiries to Last Call Media, LLC, as applicable.
DELETING, MODIFYING AND UPGRADING YOUR
INFORMATION
At your request, we will: (a) inform
you of what personal information we have on file for you; (b) amend the
personal information that we have on file for you; and/or (c) remove personal
information that you have provided to us, or that we have otherwise collected.
You may do so by e-mailing us at: supports@lastcall-media.com. We
ask individual Users to identify themselves and the information requested to be
accessed, corrected or removed before processing such
requests, and, to the extent permitted by applicable law, we may decline to
process requests that are unreasonably repetitive or systematic, require
disproportionate technical effort, jeopardize the privacy of others or would be
extremely impractical (for instance, requests concerning information residing
on backup tapes). Please be advised that deleting your personal information may
terminate your access to certain of the Site Offerings. If you wish to continue
using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for
you. Please be further advised that, after you delete your personal
information, residual copies may take a period of time
before they are deleted from our active servers and may remain in our backup
systems.
TRANSFER OF PERSONAL INFORMATION
INTERNATIONALLY
If you are visiting the Site from a
country other than the country in which our servers are located, your
communications with us may result in the transfer of information across
international boundaries. By visiting the Site and/or otherwise communicating
electronically with us, you consent to such transfers. Even if your
jurisdiction does not have the same privacy laws as the jurisdiction where our
servers are located, we will treat your information as subject to the
protections described in this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
Last Call Media, LLC reserves the
right to change or update this Privacy Policy at any time by posting a notice
on the Site that we are changing our Privacy Policy. If the manner
in which we use personal information changes, Last Call Media, LLC will
notify Users by: (a) sending the modified policy to our Users via e-mail;
and/or (b) any other reasonable means acceptable under applicable state and
federal law. You will have a choice as to whether or not
we use your information in this different manner and we will only use your
information in this different manner where you opt-in to such use.
CONTACT US
If you have any questions about this
Privacy Policy or our privacy practices in general, you may: e-mail us
at: supports@lastcall-media.com ; call us at: (475) 242-4615; or send us U.S. mail
to: Last Call Media, LLC, 6 Landmark Square, Suite 400. Stamford CT 069026