PRIVACY POLICY

Effective as of 9/25/20

 

PRIVACY POLICY

Thank you for visiting our Site. This Privacy Policy (“Policy”) describes how The Pop-Up, LLC and its affiliated companies, including, The Pop-Up TV, LLC (collectively, “The Pop-Up,” “we,” or “us”) collect and use your data when you use the Sites, listed below:

ThePopUp.com

All Sites are owned and or operated by The Pop-Up.

I. INTRODUCTION

As used in this Policy, the following terms below have the meaning given to them below:

“Personal Data” means information about you that can identify you, either on its own or when combined with other information. Such information includes your name, postal address, email address, and telephone number.

This Policy explains how The Pop-Up uses Personal Data that we collect and how we obtain it when you access any of our Sites or use our product(s)/service(s). This Policy does not cover any Personal Data that you may provide to third parties or that may be collected by third parties, whether offline or through websites linking to or from our Sites or advertising.  These third parties are not owned or controlled by The Pop-Up, and thus The Pop-Up is not responsible for third party content or privacy policies. If you do not agree with this Policy, do not: access or use any of our Sites, provide information to us, or use our products or services.

Do read this Policy together with The Pop-Up’s Terms and Conditions.

For website visitors including app users, account holders, customers from:

  • European Union (“EU”), please refer to our GDPR webpage for details on how
    The Pop-Up complies with EU’s General Data Protection Regulation Policy.

  • California residents, please refer to the below California Consumer Privacy Act section.

II.  DATA

What Personal Data Do We Gather About You? What Personal Data we collect depends on the context. The following describes categories of information that we collect and how we obtain it.

  1. Personal Data You Voluntarily Give Us

We collect Personal Data that you voluntarily give us, such as when you:

  • create an account with us, we collect your contact information and account credentials. 

  • place purchase orders with us, we collect and use your payment information, include your name, address, telephone number, email, and another relevant information.

  • subscribe to our newsletter, we collect your name and email.

  • complete a survey to enter a sweepstakes or giveaways, we collect your name, email, telephone number, and address. 

  • post or comment on any of our social media platforms, which includes all of the information that you voluntarily provide. Anyone can read, collect and use any Personal Data included in your posts.

You may opt not to provide us with certain Personal Data, but in doing so, you may not be able to create an account, receive our newsletters, post comments on our sites, purchase any products from us, or enjoy special features we may offer.

2. Information Collected Automatically

With tracking technologies in your browser and mobile apps, including cookies, web beacons, tags and scripts, software development kits (or SDKs) and beyond, we track and store data about how you visit and use the Sties. The items we log include:

 individual and/or aggregate information about your electronic device (such as phone, computer) used to visit the Sites, such as the website that referred you, Internet Protocol (“IP”) address, type and configuration of the internet browser of your electronic device, the URLs of any pages you visit on our Sites, advertising identifiers, browsing preference such as language settings, font size, geo-location, operating system, and other usage and traffic information.

We combine this data with other information we collect about you anduse the data to analyze trends, gather and prepare statistics or demographic information and administer our websites so we may provide improved online web experiences to our users and visitors. If your browser doesn’t accept our cookies, you can’t access certain parts of our website. Additionally, our cookies may be accessible by third parties or provided by third parties including, for example, Google via Google AdSense on our websites. We do not have any control over and are not responsible or liable for such third parties’ collection and use of the cookies. Please refer to those third parties’ relevant policies regarding their collection and use of cookies for further information.

Information collected may not identify you personally..

We may also be legally required to disclose or provide access to our database so to cooperate with the applicable laws, regulations, court order and/or request from government authority, which we will provide for those specific request.

III. HOW DO WE USE THE INFORMATION THAT WE GATHER?

We collect and use your Personal Data to conduct our business activities, such as:

  • Making the Sites and products and services available to you;

  • Enhancing or improving user experience of The Pop-Up Sites, including to help improve performance of the Sites, predict preferences and price points for our products and services;

  • Analyzing the data on our users purchase and usage behavior, which helps us make business and marketing decisions. For example, it helps us determine whether our marketing efforts are successful; 

  • Registering, verifying, processing, maintaining, and arranging access to your account;

  • Processing, verifying, operating, managing, administering and maintaining membership programs ;

  • Processing and completing your order and transaction, or for our products and services;

  • Conducting and processing any contest, raffle sweepstakes, giveaways and/or surveys that we may organize via our Sites, social media or other channels/medium, business, products and/or services, and to announce the winner of the contest or sweepstakes (as the case may be);

  • Sending service-related messages, such as changes to our Policy, Terms & Conditions; 

  • Providing customer service or respond to your enquiries, requests, suggestions, or complaints;

  • Assessing users’ satisfaction with the Sites and our services and products;

  • Sending email or other marketing communications about our Sites or other news, promotional sales, or products and services;

  • Detecting, investigating, identifying, protecting and preventing against fraudulent transactions or other illegal or misuse of our Sites which may violate this Policy or Terms and Conditions;

  • Enforcing our Policy, and Terms and Conditions;

  • Allowing our engaged third party service providers (including interaction or social media providers) to: provide specific services for or to our Sites, to host contents on our Sites, process data for The Pop-Up, provide technological support to us, conduct maintenance of our services, data banks, databases, including but not limited to IT contractor(s), website analytic service provider(s), data processor(s) and service provider(s) for database management systems;

  • Providing the information to our third party advertising and promotional agencies or consultants, or online platforms selected by The Pop-Up, to help us carry out marketing campaigns, measure delivery and effectiveness of such advertisement (such as client campaign tracking);

  • Complying with or permitted by applicable laws, regulations, order or lawful request from government authority or court and contractual requirements.

The Sites may contain links to third party websites, advertisers or services that we do not own or control. We are not responsible for the content, privacy policies or practices of any third party. If you access a third-party website from our Sites, you do so at your own risk. Any Personal Data that you provide to them or that is collected by them is not covered by this Policy. We encourage you to review the privacy policies and terms of use of any third-party website, advertisers or services that you visit or use before providing your Personal Data to those third parties.

IV. WITH WHOM DO WE SHARE THE PERSONAL DATA THAT WE GATHER?

With Actual or Prospective Business Partners or Affiliates: The above business activities can involve outside companies, agents, or contractors with whom we share your Personal Data for these purposes. For example, we will provide aggregated user data to current or prospective business partners or affiliates, including actual or prospective event partners, in an effort to better understand and tailor our services and marketing or in connection with partnering with such current or prospective business partners to offer our services or products or to offer new or enhanced services or products.

  • With Service Providers: Additionally, we work with third party service providers to help us with certain tasks, including: processing your payment, fulfilling your orders, maintaining technology related infrastructure, including website, data processing services or hosting, serving targeted ads, measuring ad performance, shipping your products, distributing emails, list processing and analytics, and managing promotions.. Such third-party service providers include: 

  • Google Analytics (Anonymous version)

  • Google Tag Manager

  • Google DoubleClick for Publishers

  • Google AdSense

  • Google Adwords

  • Google Sign-in (iOS/Android)

  • YouTube

  • Paypal

When performing these tasks, service providers often have access to your Personal Data. 

Other Third-Parties: 

There are situations when we share your information with third parties beyond our actual or prospective business partners or affiliates or services providers, as follows:

  • We share Personal Data about participants in our sweepstakes, contests and similar promotions with the promotions’ sponsors. In those cases we notify you when you provide us the information.

  • We share Personal Data about our live events, such as your name and other information that you provide at the time of registering for the event. In those cases we notify you when you provide us the information.

  • In the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we would have a legitimate interest in disclosing or transferring your information to a third party – such as an acquiring entity and its advisers.

  • We can preserve or disclose your Personal Data to a third party to comply with or as permitted by any applicable laws or regulations, court order or lawful request from any government authority. If we receive a subpoena that requests your Personal Data, unless there are any prohibitions/ restrictions under applicable laws, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We can also preserve or share your Personal Data if we believe it would be necessary to: protect and defend our rights and property; protect against misuse or unauthorized use of the Sites; protect the safety or property of our users or the general public (e.g., if you provide false information or attempt to pose as someone else, we could share your information to help investigations into your actions); and cooperate with government authorities, which could be outside your country of residence.

PROTECTING YOUR PERSONAL DATA

We protect your Personal Data with a series of technological safeguards - but we cannot guarantee its absolute security and make no representations as to the security or confidentiality of your Personal Data.  We recommend that you use complex and unique passwords for your use of the Sites and employ anti-virus software, firewalls, and other precautions to protect yourself from security threats.

CALIFORNIA CONSUMER PRIVACY ACT

This section is specifically for individuals residing in California. We intend to comply with California Consumer Privacy Act of 2018 (“CCPA”). CCPA may provide you with additional rights over our use of your personal information, including Personal Data. You may find more information on: https://oag.ca.gov/privacy/privacy-laws. For the purpose of this section, Personal Data shall be part of the definition of “personal information”, meaning information falling under any of the 11 categories listed below which we may collect.

During the past twelve (12) months, below are categories of personal information that
The Pop-Up has either collected or not:

  1. Identifiers (such as name, email address, social security number, IP address) – Yes, collected

  2. Categories of personal information listed in the California Customer Records Statute (this includes information such as name, social security no, physical characteristics, address, telephone number) – Yes, collected

  3. Characteristics of Protected Classification under California or federal law – Not collected

  4. Commercial information (such as purchasing records) – Not collected

  5. Biometric information – Not collected

  6. Internet activity (includes search/browsing history) – Not collected

  7. Geolocation data (such as region, country) – Not collected

  8. Audio, electronic, visual, thermal, olfactory, or similar information – Not collected

  9. Professional or Employment information – Not collected

  10. Education information – Not collected

  11. Inferences about personal preferences and attributes drawn from profiling (e.g. via cookies) – Not collected

  12. Does The Pop-Up respond to do not track requests? - No. 

Under the CCPA, personal information does not include information that is publicly available, aggregated consumer information or those not covered by under the CCPA. The Pop-Up will only collect personal information in accordance with this Policy.

Sale of Personal Information and Persons under 16

The Pop-Up does not sell personal information we collected or received from third party, although we have de-identified and aggregated certain information for both internal and specific commercial use. Our Sites are intended for a general audience, and are not directed at individuals below age of 13. We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or COPPA) in a manner not permitted by COPPA. If you are a parent or guarding and you believe we have collected information from your child in a manner not permitted by law, contact us at contact@ThePopUp.com. We will remove the data to the extent required by applicable laws.

REQUEST FOR PERSONAL INFORMATION

Subject to exceptions permitted by law, you have the right to: (i) access, modify, or delete the Personal Data we have collected about you or restrict; or (ii) object to, how we process personal information about you; or (iii) not receive discriminatory treatment by us for the exercise of your privacy rights. 

You have the right to object to the processing of your Personal Data based on your legitimate interest or that of a third party – unless we demonstrate compelling legitimate grounds for the processing of, or the keeping of, your Personal Data for the establishment, exercise or defense of legal claims.

If you’d like to exercise any of the above rights, contact us at contact@ThePopUp.com. In your request, please be specific. State the information you want changed, whether you’d like your information suppressed from our database or whether there are limitations you’d like us to put how we use your Personal Data. Please use the email address linked to that Personal Data – we only complete requests on the information linked to your email address. To verify your identity we will email the address you provide us, and which matches our records, and wait for your response. In some instances, we may also ask for additional information. This is how we verify your identity before complying. 

We’ll respond to your request in a manner consistent with applicable law.

In some cases,  The Pop-Up might need to keep certain information for record keeping purposes or to:

  • complete a transaction, perform our contractual obligation which we have entered with you, provide goods or services which you have ordered or is part of our ongoing business relationship;

  • detect wrongdoings like security incidents, protect against illegal, fraudulent or deceptive acts which are unlawful in nature;

  • debug, identify and repair errors that may impair existing intended functionality;

  • exercising free speech, and to ensure the right of free speech of a business or another Californian individual;

  • comply with California Electronic Communications Privacy Act;

  • conduct research (whether for public, scientific, historical, statistical) which adheres to other applicable ethical and privacy laws;

  • internal use which is reasonably aligned with consumer expectations based on consumer’s relationship with The Pop-Up, or in a lawful manner which aligns with the context and reason for why personal information was provided;

  • comply with legal obligations.

CHANGES TO POLICY

We may amend this Policy from time to time. The amended version will be published on our website in place of the previous version. If we make a significant or material change in the way we collect, use or share your Personal Data, we will notify you at least 30 days prior to the changes taking effect. We will do this via email. We will also include the date that the currently displayed Policy took effect to help you determine whether there have been any changes since you last used the website. Changes in this Policy become effective as soon as the changes are published onto the website. If you continue to use our Sites after the changes become effective, it represents your agreement to be bound by such changes.

If you do not agree with the revised or updated Policy, you must immediately cease using our Sites, products and services.

CONTACT

If you have any questions, you can contact us at contact@thepopup.com. 

Last Updated: 5 September 2020

Effective on: 6 September 2020