PRIVACY POLICY  |  Your Privacy Rights

Effective Date: December 7, 2020
Previous Version: May 29, 2018

Welcome to the Ice Cream Social, LLC (“Ice Cream Social,” “we” or “us”) website at http://www.icecreamsocial.io (including all content under the “icecreamsocial.io” domain name, all of which is referred to in this document as the “Website”).  This notice (“Privacy Policy”) is included with and supplements our Website Terms of Service, available here http://www.icecreamsocial.io/terms-of-service/.

The Ice Cream Social services such as “invite a friend” functionality for tickets and goods or other services that may be provided to you, and similar items are collectively referred to in this Policy and in the Terms of Service as the “Services.”

This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information.  It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we use your personal information.  IF YOU USE OR ACCESS THE WEBSITE OR SERVICES, YOU AGREE TO THIS PRIVACY POLICY.  AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY UPON NOTICE TO YOU, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

Territoriality

Regardless of where our servers are located, we intend to only offer our Services to individuals residing in the United States.   Please also note, that no matter where you are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE WEBSITE OR USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT PERMITTED AND POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

If you are a resident of the State of California, then the California Consumer Privacy Act (“CCPA”) shall apply to our practices regarding your personal information and you are considered a “consumer” and we are a “business.” As a consumer under the CCPA, you have certain protected privacy rights concerning your personal information and “Personally Identifiable Information” (collectively, “PII”). We will take commercially reasonable steps to maintain compliance with the requirements of the CCPA, if and as it may apply to you.

  1. Who Collects Your Information?

We do.  Under the CCPA, we are a “business” with respect to your personal information.  We collect information from you, other users, and third parties, and we are responsible for protection of your information.

  1. What Information Does Ice Cream Social Collect?

A. For Users of the Website Only.

a. Personal Information. We request specific PII about you in order to register Website visitors, to add potential clients to our email lists, or to fulfill requests for information through chat features or otherwise. You may choose not to provide some your of PII, but then you will not be able to take advantage of some or all of the features of our Website.  We only collect basic personal data about you that does not include any special types of information (e.g., health-related).  The types of personal information we collect and save include: Name and email address, phone number.

b. Non-Personal Information. Non-personal information is anonymous, de-identified or non-personally identifiable information about you that you may provide through your use of our Website, or that our Website may automatically collect while you visit it.  The types of non-personal information we collect and save about you include:

i. Information you provide such as feedback, comments, chat or other messages; and
ii. Technical information collected in our logs. Such information may include standard web log entries that contain your IP address, page URL, device information and identifier, operating system information, timestamp, browsing history, web beacons, pixel tags, first party cookies (session and persistent), third party cookies, and other commonly used information-gathering tools. Through collecting your IP address, we may be able to approximate your geographic location; however, unless and until this is information is paired with your PII, it cannot be used to identify you. If non-personal information is paired or linked to any of your PII, we will treat that non-personal information as if it were also PII.

c. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information about you, such as the type of browser you are using, device type, the operating system you are using, and the domain name of your Internet service provider or other communications services information.

B. Users of Services.

a. Personal Information. We request specific PII about you in order to register you or your company for use of our Services, to add you to our email lists, so that we can provide Services to you, or to fulfill your requests for information.  When the Service is used, we may collect your PII from Merchants (as defined below), and from other third parties.  You may choose not to provide some your of PII, but then you will not be able to take advantage of some or all of the features of our Service.

We only collect basic personal data about you that does not include any special types of information (e.g., health-related).  The types of personal information we collect and save include:

  • If you are a client of ours (sports or entertainment organization, merchant, e-commerce company, venue and other supplier of goods and services (each a “Merchant”)), we will collect contact and account registration information such as name, email address, physical address, phone number, business name, business URL, type of industry, and a customer list, including contact information, and purchase history. Please see our registration pages and user agreement for additional details.
  • If you are an individual (“Customer”) who has entered into a transaction with a Merchant, for example, having purchased goods or services from a Merchant, we collect certain information you provided to the Merchant, or its payment processor, which may include some or all of your name, email address, and information about each transaction between you and the Merchant.
  • If you, as a Customer, choose to share information about that Merchant’s goods or services with your contacts, friends, or family, through an “invite a friend” or “share a coupon” type of program (thus becoming an “Influencer”), we may collect similar information about the individuals that you invite if and when they purchase goods or services from the Merchant as a result of your actions as an Influencer.
  • If you accept an offer from an Influencer (thus becoming a “Referral”), we will collect your name, email address, and transaction history with the Merchant and with the Influencer, either directly from the Merchant or from its payment processor.

Our Services include the ability for Customers, as Influencers, to invite other people to events or to buy products or services from a Merchant and receive a reward from the Merchant for doing so. Please note that we are not responsible for the Merchant’s use of your data, or for delivering rewards or anything you have ordered from the Merchant; please contact the Merchant directly with any issues you have with their goods or services or the Merchant’s use of your data.

Whether you are a Customer or one of our Merchants, you agree not to disclose the PII of another individual to us unless you have their express consent to do so. Such consent must be comprehensive enough to provide for such data to be used pursuant to our practices described in this Privacy Policy.  You will be responsible for the consequences of any PII transferred to, and used by, us without such consent.

  1. Why Is My Information Being Collected?A. Users of the Website.

We need to collect your personal information so that we can respond to your requests for information and demonstrations, and to provide our Services.

We also collect aggregate information about users to help us improve the Website.  We collect log information for monitoring purposes to help us to diagnose problems with our servers, calculate usage levels, and otherwise provide information to Website users.

B. Users of Services

If you are a Merchant, or a Merchant employee, we collect your personal information in order to register you for an account with our Service, to facilitate the necessary communications that come with such a business relationship, and to provide you with the Service.

For Customers, your PII may be collected when we onboard a Merchant from whom you are buying goods or services, when you engage in a new transaction with an existing Merchant, or when you become an Influencer of the goods or services of a Merchant.  The Merchant will establish contact with you to determine whether you are interested in becoming an Influencer, and then we will provide you with codes enabling you to share information about Merchants and their products. If a Customer becomes an Influencer, we may also collect PII about contacts who become Referrals, but only if and when the recipients of the codes make such purchases. We do this so that the Influencer can get credit for any purchase made by the Referral.

  1. How Do We Use the Information We Collect?

A. We use the personal information for the purposes for which you, or a third party, have submitted it, including:

Users of the Website.

  • Internal Uses. In addition to providing the Website, we may use your PII to respond to your inquiries, to fulfill your requests for information, track usage trends, detect and prevent fraud and misuse, develop, improve, and tailor the Website, Service and other offerings, and perform market and technical research and analytics.
  • Communicating With You About Our Services. We may use your PII to send you information about new Services and other items that may be of interest to you.
  • Sending Administrative, Marketing, and Promotional Communications. We may use your PII to send you emails or other communications to: (a) confirm your account information, if applicable, and your other PII; (b) provide you with information regarding the Service; or (c) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies.

Users of Services.

  • Internal Uses. In addition to providing the Services, we may also use Merchant PII for general customer services.
  • Creating and Maintaining Merchant Accounts. We use PII of Merchants to create and maintain their accounts to allow them to use the Services.
  • Communicating With Merchants About Our Services. We may use Merchant PII to send you information about new Services and other items that may be of interest to the Merchant.
  • Sending Administrative, Marketing, and Promotional Communications.
    • If you are a Merchant, we may use your PII to send you emails, texts or other communications to: (a) confirm your account information, if applicable, and your other PII; (b) process transactions to purchase Services; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products.
    • If you are a Customer, we may provide your PII to the Merchant so that you receive any reward due to you as an Influencer (please note that the Merchant is responsible for giving you any such reward, not Ice Cream Social), or to make a purchase as a Referral. We may also use your PII to: (a) confirm your PII; (b) process transactions related to Merchants or your status as an Influencer of a Merchant; (c) provide you with information originating with the Merchant so that you may use the Services or benefit from them; or (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies.
  • Social Media Integration. Customers may choose to allow us to use your PII to integrate your social media accounts with the Service, and to provide to you the social media features of the Service. Please note that we are not receiving information from social media companies about Customer contacts.

B. We may use de-identified information that we collect to improve the design and content of our Website and Service, and to enable us to personalize your experience of our Website and/or our Services, as applicable. We also may use this information in the aggregate to analyze how our Website is used, analyze industry trends, as well as to offer you programs or services.

  1. Do We Share Your Personal Information?

A. All Users. In general, we will not share your personal information except: (a) for the purposes for which it was provided; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) on a confidential basis with persons or organizations with whom we contract to carry out internal site operations or as necessary to render the Services.

We may also share aggregate, de-identified information with others, including affiliated and non-affiliated organizations.

Finally, we may transfer or disclose personal information of any user to an unaffiliated third party, or our successor in interest, in connection with, or as the result of, an acquisition, sale, merger, reorganization, or bankruptcy involving our company.

B. Additional Sharing of Merchant Information. We may share the personal information of Merchants and their employees with our business partners whose goods or services may be of interest to you.

C. Sharing of Customer and Referral Information. In order to provide the benefits of the Service to Customers and Referrals and to fulfill our contractual obligations to our Merchants, we may share your personal information with the Merchant that put us in contact with you, or for which you are a Referral. If you are a Customer, by using the Service, you are specifically consenting to our sharing of your personal information with that Merchant.  We may also be obligated to share your personal information with third parties (which may include e-mail service providers) as directed by the Merchant, for the Merchant’s own purposes. Customers, please note that Merchants are not subject to the provisions of this Privacy Policy, which means that they may use your personal information for purposes other than contacting you about an event or a product. You should read and become familiar with the privacy policies of the Merchant.  We have no control over the use of your personal information by any Merchant and you agree that we are not liable for any use of your personal information by a Merchant, or for any sharing of your personal information directed by the Merchant. If you have special preferences concerning the use or sharing of your personal information by a Merchant, you must communicate those preferences directly to the Merchant, not to Ice Cream Social.  Additionally, as noted above, we are not responsible for any Merchant’s goods or services, or for any rewards which you may have earned.

6. Are There Other Ways My Personal Information Could Be Shared?

You may elect to share certain personal information with individuals, entities, or with the public via your use of the Service.  For example, the Service may make it possible for you to publicly share information via social media such as Facebook, Instagram, or Twitter.  Be aware that when you choose to share information with anyone, including your friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred.  Always use caution when sharing information through the Service. You understand and agree that Ice Cream Social is not responsible for any consequences of your sharing of information through and beyond the Service.=

7. How Can You Access and Control Your Information?

All Users.  If you would like to access and control any personal information that we have collected, or correct errors in such information, please send an e-mail to privacy@icecreamsocial.io.   We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request unless we have a legal obligation to keep it, in which case we will stop using it and keep it protected and segregated from other information.  You may opt-out of, or otherwise withdraw consent to the use or sharing of your PII that is not strictly necessary for the Service to function, including, but not limited to, the use of your personal information by the Service to send you promotional and marketing e-mails, by using the unsubscribe feature in the e-mail or by sending us an e-mail to privacy@icecreamsocial.io with “Opt-Out” in the subject line.  To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.  Customers should note that e-mails sent by Merchants are not subject to our opt-out procedures; please contact the Merchant directly.

 

Additional Provisions for Merchant Information.  Merchants are required to register for an account, after which you may log-in to the account to access and edit your personal information in your profile.

  1. How Do We Store and Protect Your Information?

A. After receiving your personal information, we will store it for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.  Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.

B. We store your personal information until you request us to remove it from our servers or the completion of Services, unless we have a legal obligation to retain it for a longer period. We store our logs and other technical records indefinitely.

  1. How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our Website and Service may presently or in the future use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences.  We may use session, persistent, first-party and third-party cookies.  Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us.  Once you choose to provide PII, however, this information may be linked to the data stored in the cookie.

B. Our Website uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may collect information regarding the use of other websites, apps and online resources.  For more information on how Google uses data when you use our Websites or Service, please follow this link: https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

C. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs” embedded links, and other commonly used information-gathering tools in connection with some Website pages and HTML-formatted email messages for such purposes as compiling aggregate statistics about Website usage and response rates.  A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives.  Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, and to help determine the effectiveness of our Website and Services.  When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.

D. As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “Visitor Data”, can be collected and stored by a website’s server.  Visitor Data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website.  We may use Visitor Data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors.  We will only use this information to improve our Website.

E. Do Not Track. At present, the Website does not specifically respond to browser do-not-track signals.

  1. Collection of Information by Others

Our Terms of Service document identifies certain third party websites to which we may provide links that you may click on our Website.  Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect. Additionally, as noted above, you should check the privacy policy of the Merchants to learn how they collect, use, store and share Customer and Referral information.

  1. Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable U.S. privacy laws including the CCPA, the Children’s Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors.  Please see the FTC’s website (www.ftc.gov) for more information.   If you have concerns about this Website or its Services, wish to find out if your child has accessed our Services, or wish to remove your child’s personal information from our servers, please contact us at privacy@icecreamsocial.io.  Our Service will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian.  In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with the COPPA.  If you believe that your child under 13 has gained access to our Service without your permission, please contact us at privacy@icecreamsocial.io.

  1. California Privacy Rights

To the extent that the CCPA applies to our practices with respect to PII and you currently reside in California, the CCPA provides you with certain rights.

A. Consumers Rights Under the CCPA.

  • California consumers have the right to request that we disclose Personal Information we have collected about them in the previous 12 months including, but not limited to, the categories of information collected by us, the source(s) of such information by category, and the purpose for collecting such information. This right may not be exercised more than twice in a 12 month period.  In the previous 12 months, we have collected the following categories of Personal Information about consumers;
  • We collect the following categories of Personal Information directly from users of the Website and by automatic means for the purposes described in this Privacy Policy:
    • Identifiers can be your name, unique personal identifiers (device identifier, IP Address, cookies, beacons, pixel tags, mobile ad identifiers), email, phone number, and similar information;
    • Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”), which is similar in nature to Identifiers;
    • Internet and Network Activity. Internet Activity Information includes browsing history, cookies, search history and a consumer’s interaction with a website; and
    • Inferences drawn from any other category of personal information.
  • We collect Personal Information about Merchant-Based Users (Merchants, their employees, Influencers, and Referrals) in the following categories from Merchants, their payment processors, from Influencers, and third parties:
    • Identifiers can be your name, unique personal identifiers (device identifier, IP Address, cookies, beacons, pixel tags, mobile ad identifiers), email, phone number, and similar information;
    • Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”), which is similar in nature to Identifiers;
    • Commercial Information. Commercial information includes records of personal property, products or services purchased, obtained or considered, or other purchased or consuming histories or tendencies; and
    • Professional and employment related information.
  • As a California consumer, you also have the right to request that we tell you which of your Personal Information we have disclosed for a business purpose, or sold, in the previous 12 months. With respect to Personal Information being disclosed for a business purpose, the consumer shall receive the categories of information disclosed and the types of entities they have been disclosed to.  This right may not be exercised more than twice in a 12 month period.  For Personal Information being sold, this includes the categories of information being sold and the categories of third parties to whom it is being sold.  In the past 12 months, we have disclosed personal information falling under the following categories of Personal Information about:
    • Users of the Website:
      • Identifiers;
      • CCRLPI; and
      • Internet and Network Activity.
    • Merchant-Based Users:
      • Identifiers;
      • CCRLPI; and
      • Commercial Information.

We disclose Personal Information in the preceding categories to the consumers themselves, to third parties as the consumer may direct, to Merchants with whom the consumers (as Customers) enter transactions, service providers, potential and actual successors in interest, and government or law enforcement agencies for either the purpose it was provided or the provision of Services, to comply with applicable law, or as otherwise described above in this Privacy Policy.

IN THE PAST 12 MONTHS WE HAVE NOT SOLD, AND DURING THE PERIOD OF TIME WHICH THIS PRIVACY POLICY IS POSTED WE SHALL NOT SELL, THE PERSONAL INFORMATION OF ANY CONSUMER, INCLUDING MINORS UNDER THE AGE OF 16.

  • You have the right to opt out of the sale of your Personal Information, if applicable. If you believe that we have sold your Personal Information in the previous 12 months, please email us at privacy@icecreamsocial.io.  If we find that we have sold your information, we will stop doing so immediately and consider your to have exercised your right to opt out of such sale.
  • You also have the right to request the deletion of the Personal Information that we have collected from you at any time. However, we may not be required to comply with such request under several circumstances including, but not limited to, when the data is necessary for the underlying transaction, to comply with applicable law, to detect security incidents, to debug glitches, and for our internal purposes.
  • In the event that you exercise one of your rights under the CCPA, you have the right to not be discriminated against by us in any way, including by the denial of goods or services, providing you a different level of goods or services, or charging you different prices or rates for the goods or services, unless the change in price is reasonably related to the value you receive from your personal information.
    1. How do you exercise your rights under the CCPA?
  • Because we offer the Services exclusively online, you may submit your requests to exercise your rights under the CCPA by emailing us at privacy@icecreamsocial.io. When submitting a request via email, please indicate which CCPA right you wish to exercise and provide sufficient information to allow us to locate your file.
  • We will acknowledge receipt of your request within 10 business days of receiving it, and will do our very best to respond within 45 calendar days of receipt of your request, and in no event will our response come more than 90 days after receiving your request. If we are unable to provide our response within the first 45 day window, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond.

Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent.  We do this to this avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way.  To do this, we will ask the Requestor to confirm at least two pieces of information that we have in our files.  As the sensitivity of the information being requested goes up, we will ask the Requestor to confirm more pieces of information. If an agent is acting on behalf of the consumer, we will need to also verify the agent’s identity and their authority to act on the consumer’s behalf.  For requests to delete information, after verification, we will confirm the consumer’s desire to delete one final time before actually deleting the information.  If the identity of the Requestor cannot be reasonably verified, either as the consumer or their agent, then in order to protect that consumer, we shall not disclose the personal information requested.

  1. Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Privacy Policy.  If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate.  In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us.  Your continued use of the Service, or any other legal method of acceptance, following our notice of changes to this Privacy Policy means you accept such changes.

  1. Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact our Chief Privacy Officer via e-mail at privacy@icecreamsocial.io.

Copyright © Ice Cream Social, LLC. All rights reserved. The Website is the property of Ice Cream Social, LLC and is protected by United States and international copyright, trademark, and other applicable laws.  This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.