Privacy Policy - Mighty

Privacy Policy

Last updated: July 15, 2019

This website is owned and operated by My Lemonade Stand, PBC d/b/a My Lemonade Stand, Inc. (“Company”). This Privacy Policy (the "Policy") describes our practices in connection with Personally Identifiable Information that we collect through our website located at [mighty.business] (collectively, the "Site"). The terms of this Policy apply only to residents of the United States. You may be accessing our Site from a computer or mobile phone device (through an iPhone or iPad application, for example) and this Privacy Policy governs your use of our Site regardless of the means of access. We also like to interact with you on third party sites where we post content or invite your feedback, including sites such as www.facebook.com, www.twitter.com, www.pinterest.com and www.youtube.com (“Third Party Sites”), which will also be bound by the terms of this Policy.

This Policy is effective as of the date indicated above. By using the Site, you agree to the terms of this Policy, as well as the Terms of Use located here. If you do not agree to the terms of this Policy and/or the Terms of Use, please do not use the Site. We may update this Policy from time to time and invite you to review this page periodically. In the event this Policy changes, we will inform you by posting an updated Policy on this web page. All changes will go into effect on the date that they are posted in our Policy. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. If this Policy is construed as an offer, acceptance is limited expressly to the terms and conditions stated herein. To the fullest extent permitted by applicable law, the new Policy will apply to all past and current users of the Site and will replace any prior Policies.

Note Regarding the Use of the Site by Persons Under Age 13: The Site includes features directed to persons under the age of thirteen (13), and may request that such individuals provide Personally Identifiable Information through the Site when creating a user account. You can find a copy of our Children’s Online Privacy Policy located here. If you are under the age of 13, you are free to browse the Site; however, we require verifiable consent from your parent or guardian in order to create an account. Please consult our Children’s Online Privacy Policy for more information about the types of Personally Identifying Information, how we use that information, and how parents can consent to their child’s use of the Site.

This Privacy Notice outlines our information sharing practices to help you understand how we protect your privacy, when we collect and use information about you, and the measures we take to safeguard that information.

COLLECTION OF INFORMATION

The Company collects two basic types of information through the Site: "Personally Identifiable Information" ("PII") and "Non-Personally Identifiable Information" ("Non-PII") (collectively, "Personal Information"). Personally Identifiable Information is information that identifies you as an individual. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

Personally Identifiable Information

We collect PII about you in order to place insurance on your behalf or provide other products or services. The categories of PII that we collect about you may be from the following sources:

  • If you choose to create an account on the Site or enter any of our contests, giveaways, or surveys, we may ask you to input certain information so that we can authenticate your account and provide you with necessary notifications. This information could include: your first and last name, date of birth, gender, zip code, email address, unique username, password, and secret question (as a reminder for a forgotten password).

  • When you place an order on the Site, we will ask you to input certain information in order for us to process and fulfill your order, including: your name, e-mail address, billing address, delivery shipping address, telephone number, product selections, shopping preferences, credit card or other payment information and a password.

Non-Personally Identifiable Information

When you visit and interact with the Site, Company and third parties with whom we have contracted to provide services may collect Non-PII such as a catalog of the Site pages you visit. Non-PII is generally collected through the Site from five different sources: server log files, environmental variables, cookies, web beacons and other similar technologies and information that you voluntarily provide.

Server Log Files

Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited, as well as information about the websites visited before and after visiting the Site, the products and services viewed and links clicked on within the Site, information regarding your Internet Service Provider, and other standard server log information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. If you access the Site via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, location, and other similar mobile device data.

Environmental Variables

We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.

Cookies

We and our service providers may use "cookies" on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by most websites, and can facilitate users' ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. Please note that if you disable cookies, certain aspects of the Site may not function properly.

Web Beacons

We and our service providers may also use so-called "web beacons," "pixel tags," "clear GIFs" or similar means (collectively, "Web Beacons") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Web Beacon is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors' hard drives. Web Beacons allow us to count users who have visited certain pages of the Site, to deliver branded services, to serve ads, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Web Beacons can tell the sender whether and when the e-mail has been opened.

Information That You Voluntarily Provide

We may also collect Non-PII (e.g., your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user.

Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy. Please note that if we combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined.

USE OF COLLECTED INFORMATION

The information you provide is used to fulfill requests from you, such as delivering products you order from the Site and processing payments. It is also used for internal purposes, such as confirming and tracking any website transactions or otherwise as described in this privacy policy. We may also contact you via email or regular mail from time-to-time to keep you up-to-date on the latest news about the Site.

Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII and/or Non-PII to others as we believe appropriate (a) to comply with legal process; (b) to respond to governmental requests; (c) [to enforce our Terms of Use]; (d) to protect the rights, privacy, safety or property of the Company, you or others; and (e) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information, including PII, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including PII, with other companies and organizations for credit fraud protection, risk reduction, and to address cyber security risks and/or data breaches. In the event of a merger, reorganization, sale, joint venture, consolidation or sale or transfer of all or substantially all of our company, its stock, or its assets (including without limitation in connection with any bankruptcy or similar proceedings), it is possible that all user information collected by the Company will be transferred to the purchaser or the new company.

Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non-PII with other third parties, for any purpose.

Data Retention

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or allowed by law.

INFORMATION WE DISCLOSE

We may disclose the information you provide to us with third parties in order to fulfill requests from you, such as delivering products you order from the Site. These third parties provide services including but not limited to website operation, payment processing and authorization, data analysis, transaction processing and fulfillment, client support, list enhancement and other administrative services. We may share PII with such third parties for the purpose of enabling these third parties to provide services to us. Such service providers may include client support specialists, webhosting companies, client data management and enhancement companies, payment processors, fulfillment companies (e.g., companies that process transactions or coordinate mailings), data analysis firms and email service providers. Such third parties may be provided with access to PII needed to perform their functions, but may not use such information for any other purpose. Our employees and service providers may be located in foreign jurisdictions, and your personal information may be subject to the laws of those foreign jurisdictions and/or accessible to law enforcement and other authorities.

THIRD-PARTY SITES

The Site may contain links to third-party websites (such as social media websites). These linked sites are not under the Company's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by the Company. If you provide any PII through any such third-party website, your transaction will occur on the third party's website (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

UPDATING, DELETING, EDITING YOUR PERSONAL INFORMATION

We allow parents (or guardians) to manage their children’s personal information or opt-in preferences by clicking [CONFIGURATION FOR PARENTAL CONTROLS]. Parents or guardians may contact us to alter permissions, access the personally identifiable information that the Company has collected about their child, correct factual errors in such information, and request to have this information deleted or request that the Company Web sites no longer collect, use or maintain such information. To protect the privacy and security of Company Web site members online, the Company will take reasonable steps to verify the identity of the parent or guardian before granting the parent or guardian access to the personal information that we collect and maintain about the parent or guardian and his or her child. To contact the Site about a child’s personal information a parent or guardian can contact us via e-mail at [PRIVACY CONTACT – ex: privacy@mightybusiness.com]; via mail at My Lemonade Stand, attn: Privacy Info, 9744 Wilshire Blvd., Suite 311, Beverly Hills, CA 90212; or via phone at [PHONE NUMBER].

CONFIDENTIALITY AND SECURITY

We maintain physical, electronic and procedural safeguards that comply with federal and state regulations to guard your nonpublic personal information.

JURISDICTION

The Site is controlled and operated by the Company from the United States, does not intend to collect PII or Non-PII from residents of any country other than the United States, and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory. Your PII and Non-PII may be stored, transferred to, and processed in any country where we have facilities or in which we engage service providers, and by using our products and services, you consent to the processing and transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. The Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

SECURITY

We have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. The Company also uses Secure Sockets Layer (SSL) technology. SSL encrypts the data submitted to our Site so that only we can decode your information, so long as SSL is supported by your web browser and enabled when your information is submitted. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please notify us of the problem as soon as possible by contacting us at the phone number and/or e-mail address listed above. To safeguard your privacy, we need your help. When registering an account on the Site, please be sure to choose an account password that is difficult for others to guess, preferably a password you do not use on any other website or account, and never reveal it to anyone else. If you use a shared or public computer, DO NOT choose to have your login ID or password remembered and be sure to log out of your account completely every time you leave the computer. Also, please verify that your web browser has a secure connection to the Site before entering any PII and avoid including personally identifying information in e-mails to us (particularly credit card or banking information).

YOUR PRIVACY RIGHTS

Some states permit their residents to request certain details about how their information is shared with third parties for direct marketing purposes. However, in such cases, a business may not be required to provide this information if it permits residents to opt in to, or opt out of, this type of sharing. If you are a resident of such states, the Company may disclose your personal information to non-affiliated entities for their use in direct marketing to you where permitted by applicable law unless you tell us not to. In order to opt out of disclosures to non-affiliated entities for marketing purposes, please call us via e-mail at [privacy@mightybusiness.com]; via mail at My Lemonade Stand, attn: Privacy Info, 9744 Wilshire Blvd., Suite 311, Beverly Hills, CA 90212; or via phone at [PHONE NUMBER].

DO NOT TRACK DISCLOSURE

Some browsers or other tools include "Do Not Track" (DNT) features which, when turned on, send a signal to websites you visit indicating that you do not wish to be tracked across websites over time. The Worldwide Web Consortium (W3C) has been working with industry groups and regulators to develop a DNT browser technology standard to provide a common understanding as to how to interpret the DNT signals. The Site does not currently respond to DNT signals and will not recognize DNT tags or labels.