Downtown Dash Presented by ING DIRECT values your participation and respects your privacy.
This Privacy Policy (“Policy”) describes the privacy practices of Downtown Dash and the web sites and properties described below (collectively, “us” or “we” or “organizers”). If, after reviewing this Policy, you have any privacy questions or concerns, you may contact us at admin@downtowndash.net
This Policy applies only to Downtown Dash, Lotus Marketing Services, LLC., partners, affiliates sponsors, and web sites (including social platforms) that post this Policy (collectively, “Downtown Dash sites”).
This Policy does not apply to any other web sites, including other web sites that may be owned, operated, or affiliated with Lotus Marketing Services, LLC. or its partners or its subsidiaries.
I. INFORMATION WE COLLECT
A. Personal Information
“Personal Information” is information through which you can be identified. We collect Personal Information that you provide voluntarily to us. Some examples of Personal Information that we may collect include your name, date of birth, postal address, e-mail address, telephone number, fax number, gender, purchase habits you have provided us with and your social profiles – including but not limited to your Twitter handle, Facebook page URL, Foursquare user ID and Facebook Fan page. Some Personal Information is considered “Confidential Personal Information”. Confidential Personal Information is your name in combination with one or more of the following: credit or debit card number, financial account number, driver’s license number, state identification card number, Social Security number, passport number, and naturalization number. We will never share your “Confidential Personal Information” with anyone for any reason.
In addition to Personal Information that you provide voluntarily to us, we may obtain Personal Information from third parties including, but not limited to, business partners, family members, friends, and entities that direct you to or the Downtown Dash websites. In situations where your Personal Information is collected by third parties under contract with us for fulfillment and other purposes, we require such third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.
B. Non-Personal Information
“Non-Personal Information” is information about you or your activities through which you cannot be personally identified. When you use the Internet, your web browser or software may transmit certain information to the servers that host the web sites you visit. Such information may include, for example, the unique number assigned to your server or Internet connection, your geographic location, and your interactions with the Downtown Dash websites, including what pages you look at and what information you download. When you visit the Downtown Dash websites, our servers and servers operated by third-party advertising companies collect Non-Personal Information. In situations where it is possible to do so, Non-Personal Information may be linked to Personal Information.
C. Cookies and Information Collected by Advertising Companies
When you visit Downtown Dash websites, we use “cookies” and similar technologies to help us recognize and serve you better. Cookies are small files that contain information sent by a web site that is saved on your computer’s hard drive. Cookies enable us to gather data such as web pages visited, links clicked, and material download. Cookies also are used to put a unique identifier on your computer. This helps us to generate statistics regarding usage of Downtown Dash websites, such as the percentage of repeat visitors. In situations where it is possible to do so, this unique identifier may be linked to Personal Information.
There are different types of cookies including “browser” cookies (also known as html cookies) and Flash cookies (also known as Local Shared Objects). You can configure your browser to reject browser cookies or to notify you when browser cookies are offered so that you can accept or reject such cookies. However, if you reject browser cookies, you may not be able to conduct some transactions or use some services on Downtown Dash websites. However, blocking or deleting browser cookies may not block or delete other types of cookies including Flash cookies. For information on blocking or deleting Flash cookies, click here.
Third-party advertising companies that work with us may also use cookies and similar technologies to collect Non-Personal information at the Downtown Dash websites and other web sites for a variety of purposes including providing you with advertisements that are likely to be of interest to you. This type of ad customization is sometimes referred to as “behavioral advertising.” For more details about cookies, web beacons, and similar technologies that may be used by third-party advertising companies, click here. If you would like more information about your choices concerning behavioral advertising, including how you may opt-out of some uses of information collected by members of the Network Advertising Initiative that may collect Non-Personal Information at the Downtown Dash websites, click here.
II. HOW WE USE THE INFORMATION WE COLLECT
A. Uses by Downtown Dash, Partners, Sponsors and Lotus Marketing Services, LLC.
Except for Confidential Personal Information, we may use Personal Information and Non-Personal Information for our own marketing purposes, including, but not limited to, notifying you of special promotions, offers and events via postal mail, e-mail, telephone, and other means. Confidential Personal Information will not be used for our own marketing purposes without your express consent.
We may also use Personal Information and Non-Personal Information for non-marketing purposes. Some examples of such use include (1) conducting statistical or demographic analysis; (2) customizing your experience at Downtown Dash websites; and (3) responding to your inquiries or other communications.
We may combine Personal Information with other generally or publicly available information to help us identify your preferences or interests. Your Personal Information may also be merged with Personal Information available from other sources such as (1) companies that match e-mail addresses with postal addresses and other information; (2) credit card verification and credit services; and (3) other partners or sponsors affiliated with Lotus Marketing Services, LLC, Downtown Dash, its Partners, Sponsors or its subsidiaries.
If you do not want us to use your Personal Information for marketing purposes, you may opt-out of such uses by notifying us in accordance with Section III.B. below. Opting-out will not prevent your Personal Information from being used for non-marketing purposes.
B. Sharing within Downtown Dash, Partners, Sponsors and Lotus Marketing Services, LLC. and with Subsidiaries
Except for Confidential Personal Information, your Personal Information and Non-Personal Information may be shared for any purpose (1) among Downtown Dash and Lotus Marketing Services, LLC. websites, and (2) with Downtown Dash subsidiaries not covered by this Policy, and other sponsors and partners, or other properties that are owned, operated by or affiliated with Lotus Marketing Services, LLC. or its subsidiaries (collectively, “Subsidiaries”). If you do not want your Personal Information to be shared among Lotus Marketing Services, LLC., Downtown Dash websites or with Subsidiaries for marketing purposes, you may opt-out of such sharing by notifying us in accordance with Section III.B. below.
Although you may request to opt-out of sharing Personal Information for marketing purposes, we may share Personal Information among Lotus Marketing Services, LLC., Lotus Marketing Services, LLC. Websites and Downtown Dash websites and with Subsidiaries for non-marketing purposes. Confidential Personal Information will only be shared among Lotus Marketing Services LLC., Lotus Marketing Services websites and Downtown Dash websites with Subsidiaries to the extent necessary to permit validation of your identity, completion of a purchase or credit transaction, or other legitimate non-marketing business purposes. We will never share your Confidential Personal Information with any third parties.
C. Sharing With Business Partners and Other Third Parties
Except for Confidential Personal Information, we may share your Personal Information with our business partners for joint marketing efforts, or for our business partners’ own marketing purposes. When we provide Personal Information to our business partners, we require them to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them. If you do not want us to share your Personal Information with business partners for marketing purposes, you may opt-out of such sharing by notifying us in accordance with Section III.B. below.
Although you may request to opt-out of sharing Personal Information with our business partners for marketing purposes, we may disclose Personal Information to our business partners and other third parties for the following purposes:
(1) for non-marketing purposes, such as processing and fulfilling reservations or purchases;
(2) in connection with a business transaction involving a sale, purchase, reorganization, or transfer to a third party (such as a partner in support with Downtown Dash or the Social Engagement Challenge) of any of the assets of Lotus Marketing Services, LLC or Downtown Dash, and/or any Downtown Dash websites;
(3) to comply with a court order, subpoena, search warrant or other valid legal process;
(5) to comply with legal, regulatory or administrative requirements of any governmental authorities;
(6) to protect and defend Lotus Marketing Services, LLC., Downtown Dash and its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys and agents in connection with any legal action, claim or dispute;
(7) to satisfy any contractual obligation to indemnify our contractors, business partners or other third parties in connection with any legal action, claim or dispute;
(8) to enforce the Terms of Use of Downtown Dash and Lotus Marketing Services, LLC. websites;
(9) to prevent imminent physical harm or threats to public safety;
(10) to third-party vendors that Lotus Marketing Services, LLC., or partners may use to perform functions on behalf of Downtown Dash, such as companies that process credit card transactions;
(11) to prevent fraud; and
(12) to engage in debt collection.
When we provide Personal Information to our business partners and other third parties for such purposes, we require them (to the extent feasible) to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them.
III. Your Likeness
Downtown Dash, Partners, Sponsors and Lotus Marketing Services, LLC., its partners and Subsidiaries may capture and record your likeness as a “still”, “film,” “video” and/or “audio” recording during the course of the event. By participating in the Downtown Dash Presented by ING DIRECT and the Social Engagement Challenge you grant any and rights to such recordings for purpose of exhibition and/or exploitation to the Organizers.
Such rights are granted in all territories worldwide in perpetuity in all manner or media now known or hereafter devised. The images and/or recordings may be used, edited, altered, or added to, in any manner or media now known or hereafter devised, without notifying you. You waive any right to inspect or approve the finished images and/or recordings or any materials that may be used with them. You release the Organizers and their respective employees, agents and affiliates, including any firm authorized to publish and/or distribute a finished product containing your likeness, from any claims, damages or liability that you may ever have in connection with the use of your likeness. You also agree that any material of and pertaining to Downtown Dash that you submit to Downtown Dash, or the Downtown Dash website or Lotus Marketing Services LLC., or the Lotus Marketing Services, LLC. website, or post via your own or team captain’s social media sites including, but not limited to, photos, videos, comments, status updates, interview responses, testimonials or endorsements (collectively, “licensed materials”), are subject to a perpetual, worldwide, royalty-free, non-exclusive license for the use, reproduction, translation, alteration, performance, display, modification, adaptation, and publishing of such licensed materials, in whole or in part, in any manner or media now known or hereafter devised, and for any purpose by the Organizers and their respective affiliates. It is further understood and agreed that the licensed materials may be used in any manner and by any means, whether now known or unknown, and with such editing and modification as the Organizers and their respective affiliates determine in the Organizers’ or their respective affiliates’ sole discretion. Furthermore, you agree to indemnify and hold harmless the Organizers and their respective affiliates against any action whatsoever, including, but not limited to, actions pertaining to damages or liability in connection with the use of any licensed materials I submit to the Organizers directly via the downtowndash.net site or indirectly via a social media site. You will not receive compensation for this release. This release shall be governed by Illinois law.
IV. YOUR COMMUNICATION PREFERENCES
A. Downtown Dash Communications
You may receive various communications preferences including direct mail, e-mail, Twitter @ replies or Direct Messages and, on rare occasion, telemarketing.
B. How to Opt-Out
If you wish to opt-out of receiving solicitations from us or do not want us to share your Personal Information with our business partners for marketing purposes, please email us at admin@downtowndash.net or call (312) 970-0659, or write to:
Lotus Marketing Services
Attn: Privacy Policy / Downtown Dash
307 N. Michigan Avenue, Ste. 917
Chicago, IL 60601
If you do not want us to share your Personal Information among Lotus Marketing Services and Downtown Dash websites or with Subsidiaries for marketing purposes, you may e-mail us admin@downtowndash.net or call (312) 970-0659
For information on how you to opt-out of some uses of Non-Personal Information collected by third-party advertising companies at the Downtown Dash and Lotus Marketing LLC., websites, click here.
C. Telemarketing
You may occasionally be contacted by phone by one of our partners. Even if you registered your telephone number on a Do-Not-Call list, certain exemptions may allow us to contact you by telephone. However, to ensure our customers’ preferences are honored, we also maintain our own internal do-not-call list. If you would like to opt-out of receiving telemarketing sales calls from us by adding your telephone number to our internal do-not-call list, please phone us (312) 970-0659.
V. SECURITY
Personal Information and Non-Personal Information collected by Lotus Marketing Services, LLC., the Downtown Dash websites and sponsors and partners are stored on secure servers, which are protected by firewalls and other industry standard security measures. These security measures are intended to protect our servers from unauthorized access. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach. We have controls in place that are designed to detect potential data breaches, contain and minimize the loss of data, and conduct forensic investigations of a breach.
Our staff is required to take reasonable measures to ensure that unauthorized persons cannot view or access your Personal Information. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may use to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of information that you send us before we receive it.
As a standard security practice, we will take reasonable steps which are standard in the industry to ensure that the communication methods used to support the Downtown Dash and Lotus Marketing Services websites do not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using a Downtown Dash website, it may be an indication that you need to upgrade your Internet browsing tool or application to a newer version that supports more secure communication methods.
VI. OTHER WEB SITES
We are not responsible for the information collection or privacy practices of other web sites, including web sites operated by our business partners or other third parties. You should review and understand the privacy policies posted on any linked sites you visit before using those sites or providing any Personal Information.
VII. VISITORS OUTSIDE OF THE UNITED STATES
Downtown Dash websites are maintained on servers located in the United States, and Personal Information and Non-Personal Information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for Personal Information as great as that offered in other jurisdictions. Therefore, the disclosure of Personal Information pursuant to this Policy is at your own risk. We make no representation that the practices described in this Policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of Personal Information.
VIII. CHANGES TO THIS POLICY
We reserve the right to revise this Policy at any time without notice. When this Policy is revised in a material way, notice will be posted on the Downtown Dash or the Lotus Marketing, LLC websites.