VIEW BOSTON PRIVACY NOTICE

Last Updated: May 24, 2023

Welcome! We at Legends Attractions, LLC (“Legends”) [and VIEW BOSTON ICON I LLC and VIEW BOSTON ICON II LLC] (collectively, the “Company”, “we”, “us” or “our”) present View Boston, a 360º observation deck offering breathtaking and orienting views from high above the heart of Boston. Enjoy engaging multi-media exhibits or enjoy seasonally inspired cocktails to classic Bostonian dishes in our dining venues. This Privacy Notice explains how we collect, use, disclose, and otherwise process personal information (as defined below) in connection with our website and other websites we own and operate that link to this Privacy Notice (the “Site”), and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Services”).

1.What is Personal Information?

When we use the term “personal information” in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information.”

2. Our Collection and Use of Personal Information

We collect personal information in a variety of ways. For example, you may provide us your personal information when you purchase tickets for the experience or make another online purchase; make a reservation at our bistro or bar, including through a third party such as OpenTable; send us messages, including through an automated live chatbot when you purchase tickets to the View Boston experience through the Site chatbot; subscribe to our mailing lists, newsletters or other forms of marketing communications; participate in a survey, contest or sweepstakes, or redeem a promotion; or use some other feature of our Service. We also use third party “session replay software” services provided by Hotjar, which records how you interact with our Site (for example, on which Site items you click, mouse movements, and how long you spend on a particular webpage), and allows us to watch replays of your visit on our Site. Use of session replay gives us insight into how you use our Site and helps us assess how we can make your visit to our Site better and more intuitive. To learn more about Hotjar’s privacy practices, please consult their privacy notice.

We may link or combine your activities and information collected from you on our Site with information we have collected from you offline (e.g., in person), information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.

Personal Information Collected from You

We may collect the following categories personal information submitted to us by individuals through the Services:

  • Contact Information, including first and last name, email address, postal address, phone number, your country or region and communication preferences. If you are inquiring about group bookings, such as youth or corporate programs, we may also collect your business email address and phone number, business address, employer, job title, your area of responsibility, and company name. We use your contact information to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences. Please note we utilize a third-party provider to process payments on our behalf and do not accept payment directly through our Services.
  • Payment Information. If you sign up for one of our Services requiring payment (i.e., by purchasing tickets), we collect the information provided in connection with such payment. Please note that we use third party payment processors, such as Cybersource, to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as full credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your personal information is governed by their privacy policy. To view Cybersource’s privacy policy, please click here.
  • Inquiry and Communications Information, including information provided in custom messages sent through any of our Site forms; in chat messages, including from an automated live chatbot when you purchase tickets to the View Boston experience through the Site chatbot; to one of our email addresses; or via phone. This also includes contact information provided on our Services. We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization.
  • Newsletter, Marketing Emails, and Blog Information, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., confirmations of transactions, technical or legal notices).
  • Contest, Sweepstakes, and Survey Information, including information provided when you enter a contest or sweepstakes, or information included in any questions submitted through surveys or content of any testimonials. We use this information to administer and facilitate the Services, to respond to your submission, to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
  • Information Collected Through Your Use of the Service, including any images, data, or information you choose to upload or transmit through your communications with us or your use of the Site (collectively, “User Content”). User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Service. We use the User Content to provide you with the Service.
  • Feedback Information. We may also collect feedback and ratings you provide relating to our services or products. We use this information to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
  • Business Representative Contact Information. If you are a business representative, we collect your information in connection with the performance of the agreement or potential agreement with us. This information may include your first name, last name, company contact information (e.g. email, phone, address), job title, and any other information related to the performance of the agreement with us.

 

Personal Information Automatically Collected

As is true of many digital properties, we and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:

  • Log Data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser id, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services). Log data may overlap with the other categories of data below.
  • Analytics data, Including the electronic path you take to our services, through our services and when exiting our services, UTM source, as well as your usage and activity on our services, such as the time zone, activity information (first and last active date and time), usage history (flows created, campaigns scheduled, emails opened, total log-ins) as well as the pages, links, objects, products and benefits you view, click or otherwise interact with. We may also analyze the interaction between you and your customer using our Services.
  • Location data (such as general geographic location that we or our third-party providers may derive from your IP address, or more precise geolocation with your permission when accessing our online services through a mobile device.).

We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see the Control Over Your Information section.

Personal Information Collected at Our Locations

  • Wi-Fi. We may offer free Wi-Fi services to our guests. Our Wi-Fi network providers may capture certain data from devices you connect to it, such as a unique device identifier.
  • Transaction information. We may collect information about your in-person transactions, if any, such as items purchased, date and time of your transaction, and amount purchased at our restaurant.
  • Video or images. At View Boston, we may use CCTV cameras for security, fraud, incident reporting and loss-prevention purposes, or to collect analytics, improve operations and other purposes.

Personal Information from Third Parties

We also obtain personal information from third parties, which we often combine with personal information we collect either automatically or directly from an individual.

We may receive the same categories of personal information as described above from the following third parties:

  • Legends Entities: We may receive personal information from other companies and brands owned or controlled by Legends, and other companies owned by or under common ownership as Legends.
  • Your Employer: If you interact with our Services through your employer, we may receive your information from such entity, including another representative of your employer. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
  • Other Users or Individuals who Interact with our Services: We may receive your information from other users or other individuals who interact with our Services. For example, if you engage in one of our communications hosted on third-party platforms, we will be able to see any public communications made within that platform.
  • Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Google, Facebook, Twitter, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
  • Service Providers: Our service providers that perform services solely on our behalf, such as marketing providers and payment processors, collect personal information and often share some or all of this information with us. The information may include contact information, demographic information, payment information, information about your communications and related activities, and information about your orders. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
  • Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
  • Other Sources: We may also collect personal information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

Additional Uses of Personal Information

We may use personal information we collect to:

  • Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Services you have requested and to process transactions, including providing you with the View Boston experience;
  • Manage our organization and its day-to-day operations;
  • Verify your identity and entitlement to products or Services, when you contact us or access our Services;
  • Register you for and provide you access to events;
  • Communicate with individuals, including
  • Request individuals to complete surveys about our organization, organizations we partner with, and Services;
  • For marketing and advertising purposes, including to market to you or offer you through email information and updates on products or services we think that you may be interested in (where applicable, we may send you marketing messages if you have given us your consent to do so or where we have relied on the soft opt-in rule);
  • Administer, improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our Services;
  • Process payment for our Services;
  • Facilitate customer benefits and services, including customer support through our command center services;
  • Identify and analyze how individuals use our Services;
  • Conduct research and analytics on our customer and user base and our Services;
  • Improve and customize our Services to address the needs and interests of our user base and other individuals we interact with;
  • Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
  • Help maintain the safety, security and integrity of our property and Services, technology assets and business;
  • To enforce our Terms of Use, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
  • Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
  • Comply with contractual and legal obligations and requirements;
  • To fulfill any other purpose for which you provide personal information; and
  • For any other lawful purpose, or other purpose that you consent to.

Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time.

3. Our Disclosure of Personal Information

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:

  • Legends Entities: We may share personal information with other companies owned or controlled by Legends, and other companies owned by or under common ownership as Legends, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
  • Your Employer: If you interact with our Services through your employer, we may disclose your information to your employer or company, including another representative of your employer or company.
  • Marketing Providers: We coordinate and share personal information with our marketing providers in order to communicate with individuals about the Services we make available.
  • Customer Service and Communication Providers: We share personal information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
  • Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, payment processing services, and administrative services.
  • Contests, Sweepstakes, and Survey Providers: We share personal information with third parties who assist us in delivering our contests, sweepstakes, or survey offerings and processing the responses.
  • Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third-Party Data Collection and Online Advertising
  • Business Partners: From time to time, we may share personal information with our business partners or we may allow our business partners to collect your personal information. Our business partners will use your information for their own business and commercial purposes, including to send you any information about their products or services that we believe will be of interest to you.
  • Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
  • Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
    • in connection with the establishment, exercise, or defense of legal claims;
    • to comply with laws or to respond to lawful requests and legal process;
    • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
    • to detect, suppress, or prevent fraud;
    • to protect the health and safety of us and others; or
    • as otherwise required by applicable law.
  • With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Sites or service-related publications.

4. Third-Party Data Collection and Online Advertising

We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, and other similar information. If permitted by your device settings, they may also collect location data through GPS, Wi-Fi or other methods. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.

Please see Online Ads of the Control Over Your Information section below, to learn how you can opt out of interest-based advertising.

We may engage in the following:

  • Social Media Widgets and Advertising. Our Services may include social media features, such as the Facebook “Like” button, TikTok, LinkedIn, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
  • Social Media Platforms. We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or email addresses, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
  • Third Party Partners. We work with a variety of third-party partners to provide advertising services. For example, we use Google Analytics to recognize you and link the devices you use when you visit our Services on your browser or mobile device, log in to your account on our Services, or otherwise engage with us.  We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you.  For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s website, “How Google uses data when you use our partners’ sites or apps” located at google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.
    We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Services.  You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at  https://google.com/ads/preferences, or by visiting NAI’s online resources at  http://www.networkadvertising.org/choices.

For more information about these practices and your choices regarding cookies, please see the Control Over Your Information section below.

5. Control Over Your Information

You may control your information in the following ways:

  • Access to Your Device Information. You may control the Services’ access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation and to integrate with your other applications.
  • Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications.  You may not opt-out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
  • Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at [email protected]. We may not be able to modify or delete your information in all circumstances.
  • Cookies: For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices you may have in relation to cookies, please see the Information We Collect Automatically section above.
  • Online Ads: To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative’s (NAI) online resources, at aboutads.info/choices or http://www.networkadvertising.org/choices/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).  You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services.  It means that the online ads that you do see from DAA program participants should not be based on your interests.  We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

6. DATA RETENTION

We will usually store the personal information we collect about you for no longer than necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator or other government authority.

To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting and other applicable obligations.

Once retention of the personal information is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store the personal information and isolate it from further processing until deletion or deidentification is possible.

7. Children’s Personal Information

Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 18. If an individual is under the age of 18, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 18 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 18, we will promptly delete that personal information.

8. Links to Third-Party Websites or Services

Our Services may include links to third-party websites, plug-ins and applications, such as to OpenTable. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

9. Updates to This Privacy Notice

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

10. Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to [email protected].

11. Region-Specific Disclosures

We may choose or be required by law to provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:

A. United States

    1. California

If you are a California Resident, please see our California Privacy Notice for additional California-specific privacy information.

  1. Nevada

If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at [email protected] with the subject line “Nevada Opt Out Request” to submit such a request.

  1. Colorado, Connecticut, Utah, Virginia

These additional disclosures supplement the information contained in our Privacy Notice by providing additional information about our personal information processing practices relating to individual residents of the States of Colorado, Connecticut, Utah, and Virginia.

 

Sales, Sharing, or Targeted Advertising

As further described in the Our Disclosure of Personal Information section of the Privacy Notice, we may “sell” your personal information (as defined by the applicable privacy laws) to or “share” your data with third parties, subject to your right to opt out (see Your Privacy Choices below).

We have sold or shared the following categories of personal information for the purposes described in our Privacy Notice, subject to your settings and preferences and your Right to Opt-Out: Identifiers, such as your name, email address, and postal address, and Commercial Information, such as records of services purchased, obtained or considered.

The categories of third parties to whom we may sell or share the personal information include:

Business and Marketing Partners (if applicable)

Online Advertising Networks and Analytics Providers

Social Networks

We may also disclose personal information for the purposes described in the Our Disclosure of Personal Information section of our Privacy Notice.

Your Privacy Choices

In accordance with applicable privacy law, and depending upon the jurisdiction in which you reside, you may have some or all of the following rights in respect of your personal information:

  • Right of access. You may have the right to obtain:
    • confirmation of whether, and where, we are processing your personal information;
    • information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
    • information about the categories of recipients with whom we may share your personal information; and
    • a copy of the personal information we hold about you.
  • Right of portability. You may have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.
  • Right to rectification or correction. You may have the right to obtain rectification or correction of any inaccurate or incomplete personal information we hold about you.
  • Right to deletion or erasure. You may have the right, in some circumstances, to require us to delete erase your personal information.
  • Right to restriction. You may have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
  • Right to opt-out. You may have the right to opt-out of certain processing activities. For example, you may have the right to opt-out of the use of your personal information for targeted advertising purposes, or to “sell” or “share” your personal information with third parties in certain contexts.
  • Right to control over automated decision-making/profiling. The right to direct us not to use automated decision-making or profiling for certain purposes.
  • Right to withdraw consent. If you have provided consent for the processing of your personal information, you may have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
  • Right to appeal. In the event that we decline to take action on a request exercising one of your rights set forth above, you have the right to appeal our decision.
    • Colorado Residents: If your appeal is denied, you may contact the Colorado Attorney General to address your concerns here.
    • Connecticut Residents: If your appeal is denied, you may contact the Connecticut Attorney General to submit a complaint here.
    • Virginia Residents: If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint here.

Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

To Exercise Your Right to Access, Right of Portability, Right to Correction, Right to Deletion, or Right to Appeal

Please submit a request by either:

  • Emailing us at [email protected] with the subject line, “Consumer Rights Request”;
  • Completing our Individual Rights Form; or 
  • Calling 888-590-0006. 

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of Colorado, Connecticut, Utah, or Virginia. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last transaction on our Services.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

Submitting Authorized Agent Requests

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

To Exercise Your Opt-Out Rights

Unless you have exercised your Right to Opt-Out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration, or use your information for all the purposes described in this Privacy Notice, including for targeted advertising and certain profiling activities. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy policies.

You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. We may not process your request if we, in good faith, believe that the request is fraudulent. In such instances, we will send a notice to the requestor explaining our decision.

To exercise the of personal information sharing for targeted advertising purposes, certain profiling activities or data “sales”

OPT IN CONSENT: By submitting your phone number, you are authorizing to send you text messages and notifications. Message/data rates apply. Reply STOP to unsubscribe to a message sent from us. Information will not be shared to third parties for marketing purposes.

RIGHT TO OPT OUT

Notice of Financial Incentives and Loyalty Programs

We offer various programs, promotions and other financial incentives that may result in differences in our prices or services offered to consumers. For example:

  • Discounts, coupons or other access to our exclusive content for customers who sign up to receive our marketing emails;
  • Discounts, coupons or other benefits in connection with a contest or sweepstakes or similar promotion;
  • Loyalty programs, where you earn rewards or credit based upon your past purchases with us; or
  • Discounts, coupons, and other special offers for shopping with our partners.

To obtain access to certain of these programs and other offerings, we may collect and retain personal information, such as your name, email, telephone, postal address, employer information, business email, business telephone, and business address. We may sell or share personal information with our business and marketing partners who may use this information to send you promotional communications and targeted advertising.

We have determined that the value of these programs and other incentives are reasonably related to the value of the personal information we receive and otherwise process in connection with these programs and offerings, based on our reasonable but sole determination. We estimate the value of the personal information we receive and otherwise process in connection with these programs and offerings by considering the expense we incur in collecting and processing the personal information, as well as the expenses related to facilitating the program or offering.

The material aspects of any financial incentive will be explained and described in its program terms or in the details of the incentive offer. Participating in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, please follow the instructions in the program’s terms and conditions or contact us using the contact information below. Participating individuals may also opt out of receiving marketing communications by emailing us at [email protected].

CALIFORNIA PRIVACY NOTICE

SCOPE OF NOTICE

This California Privacy Notice (the “CA Notice”) supplements the information contained in our Privacy Notice above and applies solely to individual residents of the State of California (“consumers” or “you”).

This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (CCPA).

Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect personal information from and about consumers for a variety of purposes. To learn more about the types of personal information we collect, the sources from which we collect or receive personal information, and the purposes for which we use this information, please refer to the “Our Collection of Personal Information” and “Our Use of Personal Information” sections of our Privacy Notice.

In the last 12 months, we have collected the following categories of personal information:

  • Identifiers, such as your name and email address;
  • California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your phone number;
  • Commercial Information, such as products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Internet/Network Information, such as device information, logs and analytics data;
  • Geolocation Data, such as your approximate location based upon your IP address;
  • Professional/Employment Information, such as job title and company;
  • Other Personal Information, including information you submit into the feedback forms and any communications between you and Legends, as well as information we receive from social networking sites; and
  • Inferences, such as information generated from your use of the Services reflecting predictions about your interests and preferences.

We collect this information from a variety of sources, including: directly from you, from your employer or organization, from our customers and other users, from our business partners and affiliates, from your browser or device when you use our Services, or from third parties that you permit to share information with us. Please see the Our Collection of Personal Information section of the Privacy Notice for more information about the sources of personal information we collect.

DISCLOSURE OF PERSONAL INFORMATION

As described in the Our Disclosure of Personal Information section of our Privacy Notice, we share personal information with third parties for business purposes or we may sell your personal information to or share your personal information with third parties, subject to your right to opt out of those sales.

The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; and (v) social networks.

In the previous 12 months, we have disclosed or sold all of the categories of personal information we collect, explained in the Collection and Use of Personal Information section of this CA Notice, to third parties for a business purpose.

YOUR CALIFORNIA PRIVACY RIGHTS

As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):

The Right to Access/Know

 

You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:

  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information we have sold or shared about you (if any), and the categories of third parties to whom the information was sold or shared; and
  • The business or commercial purposes for collecting or, if applicable, selling or sharing the personal information.
The Right to Request Deletion You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Correction You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of the consumer’s personal information.
The Right to Opt Out of Sales or Sharing of Personal Information You have the right to direct us not to sell or share personal information we have collected about you to third parties now or in the future.
If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales or sharing.
Right to Limit Use and Disclosure of Sensitive Personal Information You have the right to direct us to limit the use of your sensitive personal information to certain purposes, including to perform the services or provide the goods reasonably by an average consumer who requests those goods or services.
The Right to Non-Discrimination You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
“Shine the Light” California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code §1798.83). We do not share your personal information with third parties for their own direct marketing purposes.

 

HOW TO EXERCISE YOUR CALIFORNIA CONSUMER RIGHTS

To Exercise Your Right to Access, Right to Know, Right to Deletion, Right to Correction, or Right to Opt Out of Profiling

Please submit a request by either:

  • Emailing us at [email protected] with the subject line, “California Rights Request”;
  • Completing our Individual Rights Form;
  • or Calling 888-590-0006.

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last transaction on our Services.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

To Exercise Your Right to Opt Out of Personal Information Sales or Sharing for Targeted Advertising

Unless you have exercised your Right to Opt-Out, we may “share” your personal information for targeted advertising purposes, or “sell” your personal information to third parties for monetary or other valuable consideration. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy policies.

You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.

By entering your phone number and confirming sign-up by replying YES, you consent to text terms. Text STOP to cancel at any time. HELP for help.

To exercise the Right to Opt-Out of personal information sharing for targeted advertising purposes or data “sales.” you may submit a request by clicking on the following link:

DO NOT SHARE OR SELL MY PERSONAL INFORMATION

As is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including preferences, geolocation, commercial information and internet, network and device information) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. By visiting here, you can opt out from sales of this type of personal information by businesses that participate in the opt-out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at https://www.privacyrights.info/.

Authorized Agents

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this CA Notice where we can verify the authorized agent’s authority to act on your behalf.

For requests to know, delete, or correct personal information, we require the following for verification purposes:

  • a power of attorney valid under the laws of California from you or your authorized agent; or
  • sufficient evidence to show that you have:
    1. provided the authorized agent signed permission to act on your behalf; and
    2. verified your own identity directly with us pursuant to the instructions set forth in this CA Notice; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.

For requests to opt-out of personal information “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.