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Effective Date: August 3, 2020

This Privacy Policy of Festival Group, Inc. d/b/a BestKeptSecret (“BKS”) applies to information that BKS obtains from its websites, including the BestKeptSecret site located at www.bestkeptsecret.com (the “Site”) and its featured services (collectively, the “Service”), as well as the information you may provide to us via other means of communication.

 

We respect your privacy and will strive to protect your personal information. This Privacy Policy describes how BKS collects, uses, shares and secures the information you provide. It also describes choices you may make regarding use, access and correction of your personal information. Please note that this Privacy Policy is incorporated into our Terms of Service (“Terms”) for BKS and, unless we otherwise define a term in this Privacy Policy, a capitalized term used in this Privacy Policy has the meaning set forth in the Terms.

 

You agree that by using the Service you acknowledge that you have read and consent to the collection, use and sharing of your information in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you are not permitted to access and/or use the service. This Privacy Policy does not apply to websites not operated by BKS, including any to which the Service provides a link or which link to the Service. Please note, if you are a resident of a European Union Member State, you are not permitted to access and/or use the Service.

 

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by emailing us at: payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

 

YOUR CALIFORNIA PRIVACY RIGHTS

 

Shine the Light. 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 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: payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

 

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: payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

 

California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your Personal Information, as well as the right to know what Personal Information about you we have collected, whether your Personal Information was shared with third-parties in the preceding year and, if so, what categories of Personal Information were shared, as well as the categories of third parties with whom we shared that Personal Information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.

 

PRIVACY POLICY QUICK LINKS

Below are links to key sections of our Privacy Policy

 

Your Nevada Privacy Rights

Modification of this Privacy Policy

Information Collected

Information Use and Disclosure

Data Security

Opt-Out/Unsubscribe

Accessing, Updating and Deleting Your Personal Information and Related Preferences

Children's Privacy

Contact Us

Privacy Provisions for California Residents

 

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: payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

 

MODIFICATION OF THIS PRIVACY POLICY

 

We may revise this Privacy Policy from time to time, as new features, technology, or legal requirements arise. You may always determine if this Privacy Policy has changed by checking the Effective Date at the top of this page. If we make a significant change, we’ll notify you and, where required, seek your consent. If we update this Privacy Policy, you are free to decide whether to accept the updated terms or to stop using the Service. Your continued use of the Service after the effectiveness of that update will be deemed to represent your consent to the provisions in the updated Privacy Policy.

 

INFORMATION COLLECTED

 

Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected.

 

Customer Provided Information

 

We may collect and store any personal information you provide on the Site, via the Service, or in some other manner. When we refer to "personal information" in this Privacy Policy, we mean information that can be associated with a specific person and could be used to identify that specific person whether from that data alone or from that data in combination with other information that we have access to, as well as any other data determined to be personal information under any and all applicable U.S. privacy laws. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. Personal information includes Customer Information, such as your name, address, email address, telephone number, billing and shipping addresses and financial information such as your payment method (valid credit card number, type, expiration date or other financial information). In addition, if you choose to use certain features of the Service, we may require you to provide additional personal information, such as shopping preferences and demographics.

 

We may also collect and store personal information that you provide to us about other people. If you use our Service to send others (friends, relatives, colleagues, etc.) a Gift Card, a product, information that may interest them or messages (such as invitations) through our system, we may store your personal information and the personal information of each such recipient.

 

Automatically Collected Information/Cookies

 

We automatically collect information from your browser when you visit the Site and/or use the Service. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address.

 

When you visit the Site and/or use the Service, we may assign your computer one or more cookies to facilitate access to the Site and/or Service, as applicable, and to personalize your online experience. Through the use of a cookie, we may automatically collect information about your online activity on the Site and/or in connection with the Service, such as the web pages you visit, the links you click on and the searches you conduct on the Site and/or in connection with the Service. A cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. To find out more about cookies, please visit www.cookiecentral.com. We use cookies to improve the quality of the Service, including for storing user preferences. We may use standard Internet technology, such as web beacons, tracking pixels and other similar technologies, to track your use of the Site. We also may include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon. We may use standard Internet technology, such as web beacons, tracking pixels and other similar technologies, to track your use of the Site. We also may include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon.

 

We may use third-party advertising companies to help tailor content or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.

 

Behavioral Tracking/Marketing

 

We may use third-party advertising companies to help tailor content, improve our offerings and to serve targeted ads on our behalf, and on behalf of those third-parties. These companies may employ cookies, web beacons and other tracking technology to track your activities on the Site and/or in connection with the Service, to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount).

 

Without limiting the foregoing, we may use a tool called “Google Analytics®” on the site. We may combine the information collected through the use of Google Analytics® with your personal information, and we and/or Google® may use that information to serve you targeted ads after you leave the site. Google’s® ability to use and share information collected about your visits to (and use of) the Site and/or in connection with the Service through the Google Analytics® tool is restricted by the Google Analytics® Terms of Service, available here, and the Google® Privacy Policy, available here. You may learn more about how Google® collects and processes data specifically in connection with Google Analytics® here. You may prevent your data from being tracked and/or used by Google Analytics® by downloading and installing the Google® Analytics Opt-out Browser Add-on, available here.

 

We may also use a web analysis tool called Facebook Analytics®. We may combine the information collected through the use of Facebook Analytics® with your personal information, and we and/or Facebook® may use that information to serve you targeted ads after you leave the site. Facebook Analytics’® use of information and privacy policy can be found here.

 

Further, we may use tools called Quantcast Measure® and Quantcast Advertise® We may combine the information collected through the use of Quantcast Measure® with your personal information, and we and/or Quantcast® may use that information to serve you targeted ads after you leave the site via the Quantcast Advertise® tool. Quantcast’s® ability to use and share information collected by these tools and use of the Site is restricted by Quantcast’s® Privacy Policy, available here. You may opt-out of the tracking of your online behavior by Quantcast® by utilizing the options made available here.

 

In addition, TapJoy® may use certain tracking technology on the site. TapJoy’s® ability to use and share information collected by using its analytics tools is restricted by the TapJoy® Privacy Policy, available here. You may opt-out of the tracking of your online behavior by Quantcast® by utilizing the options made available here.

 

In general, users may be able to disable some, or all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative

 

Network Advertising Initiative or Digital Advertising Alliance

 

Information from Other Sources

 

We may also periodically obtain both personal and non-personal information about you from our business partners, contractors and other third parties, and we may add such information to our account information or other information we have collected. In addition, if you access the Service using log-in credentials from another website or service (for example, Google or Facebook), we may obtain both personal and non-personal information from such other website or service, which you may review and adjust within such other services.

 

Cross Device Tracking

 

BKS tracks users’ use of the Service across multiple devices, including personal computers and mobile devices.

 

INFORMATION USE AND DISCLOSURE

 

Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected.

 

We use information that we collect about you for our internal purposes, including:

 

to establish your Customer account with our Service, and to communicate with you about our Service, including products or services that may be of interest to you;

to support and enhance your use of the Service and provide you with customer support;

to process your order payments, and deliver the products and services that you have requested;

to conduct research and analysis about your use of, or interest in, our products, services or content;

to serve you content and advertising tailored to your interests on the Site and/or associated with the service

to enforce our Terms and conditions and otherwise manage our business; and

to perform functions as otherwise described to you at the time of collection.

By submitting your personal information by and through the Site and/or Service, 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 BKS, 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 consent under the TCPA in order to obtain access to the Service, and your consent simply allows BKS 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: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify BKS of the Phone Number Change via e-mail at: payments@bestkeptsecret.com, or by using one of the methods set forth in the “Contact Us” section below.

 

We may share your personal information with our authorized Service Providers to provide a number of services related to the operation of our Service, including fulfilling orders, processing payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality and supporting features offered through the Site. In addition, we may share information that you provide to us as well as information that we collect from third parties to serve you ads tailored to your interests on the Site and on other websites or third party services.

 

From time to time, we may share your personally identifiable information with our strategic and business partners, including our bank, insurance and audit firms, as well as corporate sponsors, brand, marketing and business development partners. We may share personally identifiable or other information with our affiliates and business partners and across our websites, applications, social media pages and other online platforms. We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

 

We may disclose such information in response to requests from law enforcement officials conducting investigations, subpoenas or court orders, or if we believe we are otherwise required to disclose such information by law. We also may release personal information where we believe disclosure is necessary to protect our legal rights, enforce our Terms or other agreements or to protect ourselves or others. You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

 

Any third party to whom we may disclose personal information may have its own privacy policy which describes how it uses and discloses personal information. Those policies will govern such third party’s use, handling and disclosure of your personal information unless we have entered into a contract with other terms or conditions that apply. These entities or their servers may be located either inside or outside the United States. Third parties with whom we share your personal information have agreed to use such information solely to provide the subject services; provided, however, that we cannot guarantee the privacy practices of our third-party service providers.

 

We may use aggregated non-personal information for internal business purposes, such as improving the Site. In addition, we may share aggregated non-personal information (such as the number of daily visitors to the Site) with any of the above parties. We may also share aggregated information that contains no personally identifiable information with any other third party for any other purpose, including for marketing purposes and for conducting general business analysis.

 

While we use contractual and other measures to ensure protection of personal information, the laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as, or similar to, your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries.

 

Some third parties’ embedded content or plugins on the Service, such as Facebook “Like” buttons, may allow their operators to learn that you have visited our website, and they may combine this information with other, identifiable information they have collected about your visits to other websites or online services.





SOCIAL MEDIA WEBSITES AND WIDGETS

 

If you engage in any interaction with BKS, other users or any third-party on any social media websites such as Social Media Websites (“Social Media Websites”), you should be aware that: (a) the personal information that you submit by and through such Social Media Websites 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 BKS responds to any interaction on such Social Media Websites, your account name/handle may be viewable by any and all members/users of BKS social media accounts. We are not responsible for the personal information that you choose to submit on any Social Media Websites.

 

In addition, the Service contains Social Media Website widgets and buttons (“Widgets”), such as the Facebook® and Twitter® share buttons. These Widgets may collect your IP address, as well as which page you are visiting on our Site, and may set a cookie on your browser to enable the Widget to function properly. The Widgets are owned and operated by the applicable Social Media Websites. The Social Media Websites operate independently from BKS, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices.

 

Your interactions with the Social Media Pages and Widgets 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 and/or Widgets 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 and/or Widgets that you use, please refer to the applicable Social Media Website’s privacy notices or policies.

 

THIRD-PARTY WEBSITES

 

The Site and/or Service may contain links to third-party owned and/or operated websites including, without limitation, Social Media Websites, as well as the websites of other third parties. BKS 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 BKS has no responsibility or liability relating to them.

 

DATA SECURITY

 

We are committed to protecting the security of your information and take reasonable precautions to protect it. We use industry standard encryption technology to protect your data in transit and while it is stored on our servers. This is commonly referred to as transport layer security (TLS) or secure socket layer (SSL) technology. However, internet data transmissions cannot be guaranteed to be 100% secure, and we cannot ensure the security of information during its transmission between you and us. Accordingly, you acknowledge that when you transport such information, you do so at your own risk.

 

Some of the important safeguards we deploy are digital encryption, digital and physical access controls deployed and managed by our third-party data centers and administrators, and information access authorization controls. Again, data centers and our third-party service providers are not guaranteed to be 100% secure, and so you acknowledge that your information stored in such data centers or service providers is at your own risk.

 

If we learn of a system breach, we may attempt to notify you and provide information on protective steps, if available, using the Customer Information that you have provided to us or by posting a notice on the Site, via the Service and via other applicable communication platforms. Depending on where you live, you may have a legal right to receive such notices in writing.

 

RETAINING INFORMATION

 

We retain Customer Information, certain communications with you, and analytics generated by the operation of our Service (collectively, the “Service Output”), as long as we believe it is necessary and relevant for the operation of our Service. Our Service operates on computers owned and/or operated by BKS and located in third-party data centers in the United States and, possibly in other countries in the future.

 

Under certain circumstances we may retain Customer Information after the termination of a Customer account. We do this to ensure that the Service is not interrupted and none of the Service Output is lost due to interrupted Service subscriptions or other unanticipated events. We may also retain Customer Information after a Customer account is terminated to prevent fraud, collect any payments owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms, comply with applicable legal data retention obligations and take other actions permitted by law.

 

Opt-Out / Unsubscribe

 

Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected.

 

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: payments@bestkeptsecret.com.

 

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for the Service, as well as to respond to any inquiry or request made by you. To opt-out of receiving Service-related and/or inquiry response-related messages from BKS, you must cease requesting and/or utilizing the Service and/or cease submitting inquiries to BKS, as applicable.

 

Accessing, Updating and Deleting Your Personal Information and Related Preferences

 

Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected.

 

Account 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: payments@bestkeptsecret.com. In addition, if you have an online account with us, you may have the ability to review and update your personal information online by logging into your account. 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 features of the Service. If you wish to continue using the full complement of Service features, 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.

 

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.

 

Marketing Communications

 

You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in any marketing email. You may choose to opt out of receiving marketing communications by Texts in the manner described in our Terms of Service. It may take up to three (3) business days for us to process an opt-out request. However, please note that we may send you what we consider to be important Service-related messages, customer service responses or other communications relating to inappropriate use of the Service or requests from third-parties to access information in your account, without offering you the opportunity to opt out of receiving them.

 

Location Data

 

You can choose not to share your location data by adjusting the applicable settings on your mobile device (the manufacturer or your service provider should be able to provide assistance).

 

Cookies and Other Technologies

 

As noted above, we use cookies, web beacons and similar technologies for certain purposes such as improving your experience using our Service. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the features offered on the Site and your experience with the Service may be degraded. Please also note that if you have multiple computers or change computers, or use multiple browsers, you will need to disable cookies for each such computer or browser.

 

Limiting Sharing

 

We will use reasonable efforts to honor any request that we not share your personal information with third parties for direct marketing purposes. You may make such a request by updating your information at www.bestkeptsecret.com or by sending a written request to the address below:

 

By U.S. mail:

 

Festival Group, Inc.

268 Summer Street, 6th Floor,

Boston, MA 02210

Attn: Privacy Concerns

 

YOUR CALIFORNIA PRIVACY RIGHTS

 

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to payments@bestkeptsecret.com or write to us at:

 

Festival Group, Inc.

268 Summer Street, 6th Floor,

Boston, MA 02210

Attn: Privacy Concerns

 

We will honor any statutory right you might have to access, modify or erase your personal information. Where you have a legal right to request access or request the modification or erasure of information, we can still withhold that access or decline to correct information in some cases in accordance with applicable law, but will give you reasons if we do so.

 

Children's Privacy

 

We do not knowingly or intentionally collect personal information from children under 18 years of age. If you are not 18 or older, you are not authorized to use the Service. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.

 

Access to the Service from outside of the United States

 

If you are visiting our website from outside the United States, please be aware that BKS is the data controller for the Service, and we may store and process your personal information on computers in the US and elsewhere in the world where our data centers are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Service, you consent to your information being collected, used and disclosed as described in this Privacy Policy.

 

Contact Us

 

If you have any questions about this Privacy Policy, please contact us at:

 

By mail:

 

Festival Group, Inc.

268 Summer Street, 6th Floor,

Boston, MA 02210

Attn: Privacy Concerns

 

By email: payments@bestkeptsecret.com

 

Privacy Provisions for California Residents

Last Updated: August 3, 2020

 

These Privacy Provisions for California Residents (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions.

 

Users with disabilities who wish to access these Provisions in an alternative format can contact us by payments@bestkeptsecret.com; by calling us at: (401) 236-4794; or sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

 

Categories of Information We Collect

 

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:

 

Category Examples Collected

  1. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers. YES
  2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
  3. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
  4. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
  5. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
  6. Internet or other similar network activity. Browsing history, search history, information on a CA User's interaction with a website, application or advertisement. YES
  7. Geolocation data. Physical location or movements. NO
  8. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. NO
  9. Professional or employment-related information. Current or past job history or performance evaluations. NO
  10. Non-public education information (per the Family Educational Rights and Privac Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
  11. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

Personal information does not include:

 

Publicly available information from government records.

De-identified or aggregated CA User information.

Information excluded from the CCPA's scope, such as:

health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):

 

Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with the products and/or services that we offer by and through the Site and/or Service. (Categories A, B, C and D)

Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Categories A, B, C, D and F)

Directly and indirectly from activity on the Site and/or associated with the Service. This includes 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. In addition, we obtain certain Site/Service usage details and analytics as same are collected automatically by us and our third party partners. (Category F)

When our CA Users interact with us on our Social Media Website accounts, including commenting on and/or liking our posts. (Category F)

From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C, D and F)

Use of Personal Information

 

We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

 

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your purchase of products and/or services, we will use that information to process your order. (Categories A, B, C and D)

To provide you with information, products or services that you request from us. (Categories A, B, C and D)

To create, maintain, customize and secure your account with us. (Categories A, B, C, D and F)

To provide you with e-mail, direct mail and telemarketing messages concerning certain BKS products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C, D and F)

To deliver relevant Site/Service content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C, D and F)

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Terms. (Categories A, B, C, D and F)

To improve the Site and Service, and better present their respective contents to you. (Categories A, B, C, D and F)

For customer service purposes and to respond to inquiries from you. (Categories A, B, C and D)

For testing, research, analysis and product development. (Categories A, B, C, D and F)

As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C, D and F)

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D and F)

As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D and F)

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C, D and F)

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.

 

Sharing Personal Information

 

Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information from Categories A, B, C, D and F: (a) with/to third parties for marketing purposes; and (b) for the other business purposes set forth above.

 

When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.

 

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

 

Category A Identifiers.

Category B California Customer Records personal information categories.

Category C Protected classification characteristics under California or federal law.

Category D Commercial information.

Category F Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

 

Our affiliates. (Categories A, B, C, D and F)

Service providers. (Categories A, B, C, D and F)

Third parties who provide certain of the products and/or services featured on the Site and/or by and through the Service. (Categories A, B, C, D and F)

Third parties who purchase and/or license your personal information for marketing purposes, including: (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 (Categories A, B, C, D and F). If a third party purchaser of your personal information wants to resell it, that purchaser is required by law to provide you with explicit notice and an opportunity to opt-out of further sales, unless the right to resell it was secured by us at the point of collection.

Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C, D and F)

In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:

 

Category A Identifiers.

Category B California Customer Records personal information categories.

Category C Protected classification characteristics under California or federal law.

Category D Commercial information.

Category F Internet or other similar network activity.

In the preceding twelve (12) months, we have sold the above referenced categories of personal information to the third parties who purchase and/or license your personal information for marketing purposes, as well as the third parties who provide the products and/or services featured on the Site and/or by and through the Service.

 

Your Rights and Choices

 

The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Opt-Out from the Sale of Your Personal Information

 

You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:

 

Clicking here;

Calling us at: (401) 236-4794;

Emailing us at: payments@bestkeptsecrets.com; or

Sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.

 

Access to Specific Information and Data Portability Rights

 

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:

 

The categories of personal information we collected about you.

The categories of sources for the personal information we collected about you.

Our business or commercial purpose for collecting or selling that personal information.

The categories of third parties with whom we have shared that personal information.

The specific pieces of personal information we collected about you (also called a data portability request).

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

 

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

 

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

 

To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:

 

Clicking here;

Calling us at: (401) 236-4794;

Emailing us at: payments@bestkeptsecrets.com; or

Sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210..

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.

 

You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:

 

Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.

 

Response Timing and Format

 

We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

Deny you goods or services;

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

Provide you a different level or quality of goods or services; and/or

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to these Privacy Provisions

 

We reserve the right to amend these Privacy Provisions in our discretion and at any time. When we make changes to these Privacy Provisions, we will notify you by email or through a notice on the Site’s homepage/on the applicable Service user interface.




Contact Information

 

If you have any questions or comments about these Privacy Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either:

 

Clicking here;

Calling us at: (401) 236-4794;

Emailing us at: payments@bestkeptsecrets.com; or

Sending us U.S. mail to: Festival Group, Inc. , 268 Summer Street, 6th Floor, Boston, MA 02210.

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