Child Users
Winner Winner™ does not knowingly solicit or collect Personal Information from Users under thirteen (13) years of age. If you are older than thirteen (13) years of age, but under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) (a “Child User”), and you wish to access the Winner Winner Site and/or App, you must have your Parent: (a) give you their permission for your access and use of the Site and/or App; and (b) review this Privacy Policy with you and discuss any questions that you may have. Winner Winner™ encourages Parents to participate in and monitor the interactive activities of their children on the Site and/or the App.
Further, Winner Winner™ will never knowingly share personal information about Child Users with business partners or other third parties for any purpose other than providing the Winner Winner™ Offerings to that Child User. Winner Winner™ will only process forms and associated personal information for Child Users with verified Parental Approval.
Where a Child User requests to register for any Winner Winner™ Offerings, Winner Winner™ will require verifiable Parental Approval from that Child User’s Parent. During the registration process, we may initially collect the Initial Registration Data from that Child User. Where the date of birth submitted indicates that a Child User has attempted registration, we will immediately suspend the registration, and seek Parental consent by requesting a Parent’s e-mail address and sending the Parent a confirmation e-mail. The Parent must then activate the link in the confirmation e-mail, submit credit card information for age verification purposes and set up a Parent account, with a sub-account for the applicable Child User with a password and username that the Child User can use to access the Winner Winner™ Offerings. If the applicable Parent does not respond to the confirmation e-mail and open an account with a sub-account for the Child User within a reasonable period of time, Winner Winner™ shall permanently delete that Child User’s Personal Information from its systems.
As a Parent, you may terminate your Child User’s permission to access the Winner Winner™ Offerings at any time by contacting Winner Winner™ at: support@winnerwinner.com or by changing the password for the applicable Child User’s sub-account using the features provided in connection with the Parent account. If you register your child as a Child User, you acknowledge and agree that any personal information associated with your Child User (“Child User Information”) that you provide in connection with registration or otherwise may be used by Winner Winner™ as permitted by this Privacy Policy. Except where the context indicates otherwise, or where expressly set forth to the contrary herein, the remainder of this Privacy Policy (including any discussion of the personal information that Winner Winner™ may collect, use and/or disclose) shall apply equally to a Child User account and Parent account; provided, however, that we will not use personal information provided by Parents, or any Child User Information, for marketing purposes unless the Parent has provided specific, additional consent to do so in each instance.
If You are a parent or guardian of a Child User and discover that your Child User has obtained a Winner Winner™ account without your permission, or you otherwise want Winner Winner™ to delete the personal information of your child, then you may contact Winner Winner™ via e-mail at: support@winnerwinner.com; or by regular mail at: 3321 Sunrise Ave, Ste 101-104, Las Vegas NV 89101, and request that Winner Winner™ delete your child’s personal information from its systems.
Use of Personally Identifiable Information
Other than as set forth in this Privacy Policy, or where you separately provide your express consent, Company will never share, sell, rent, exchange or barter your personal information to or with any third-party for financial gain or marketing purposes. By making that personal information available to Company, you grant Company the right, subject to applicable state and federal law, to use that personal information (other than Child User Information) to contact you by telephone, e-mail and to send you various marketing messages that contain promotional offers from Company, as well as offers from Company’s third-party partners, that Company believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or utilize the options set forth in the “Opt-Out/Unsubscribe” section below.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the App and Site, as well as to facilitate the delivery of the applicable Winner Winner™ Offerings to you, including to respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Winner Winner™ Offerings, and to keep you informed of our other products and services.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing credit card transactions, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service and/or to provide you with information that you may request. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Winner Winner™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Winner Winner™ Offerings, 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 “express written 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 Company, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Winner Winner™ Offerings, and your consent simply allows Company 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: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: support@winnerwinner.com, or by using one of the methods set forth in the “Contact Us” section below.
We reserve the right to release current or past personal information (including Sensitive Information and Child User Information): (i) in the event that we believe that the Winner Winner™ Offerings are being or have been used in violation of the Agreement or to commit unlawful acts; (ii) if the information is subpoenaed or requested pursuant to a court order or in connection with an ongoing law enforcement investigation; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the applicable subpoena/request prior to disclosure of any personal information in connection with same; (iii) to comply with a legal obligation, including sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time; (iv) to protect and defend the rights or property of the Company and/or its other Users; (v) to act in urgent circumstances to protect the personal safety of Users or the public; (vi) to protect against potential legal liability; and/or (vii) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information. 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.
Payment Transactions
Company utilizes third-party service providers to provide payment processing services. If you choose to purchase Entries, the Payment Method information provided, and/or the credit card linked to your Apple Pay® account (where you utilize Apple Pay® as your preferred Payment Method) or Google Pay® account (where you utilize Google Pay® as your preferred Payment Method) will either be collected directly by such third-party service provider, or we will share that Payment Method information with our contracted third-party service provider(s). Company requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).
Social Media Websites and Interactive Services
If you engage in any interaction with Winner Winner™, other Users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal data that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other Users of these mobile applications/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 Winner Winner™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Winner Winner’s™ social media accounts.
We are not responsible for the personal data that you choose to submit on, or link to, any Social Media Pages or via the Interactive Services. The Social Media Pages operate independently from Winner Winner™, and we are not responsible for such Social Media Pages’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Pages’ privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to their applicable privacy notices or policies.
Non-Personal Information Collection and Use
Aggregate Data
Company reserves the right to share your personal information with third-party advertisers and marketers on an aggregate, non-personally identifiable basis. Such information will include broad demographic categories about Users, their preferences, activities, locations and other information; provided, however, that such aggregate information will never be linked to any personally identifiable information.
Mobile Device Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) iOS Identifier for Advertising (if applicable); (g) iOS Identifier for Vendors (if applicable); (h) the model type, manufacture and iOS version and/or Android version of the Mobile Device; (i) your App session start/stop time and date; and (j) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the Winner Winner™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze Winner Winner™ Offerings usage, alter existing Winner Winner™ Offerings and/or develop new or different Winner Winner™ Offerings.
Geolocation Tracking
Please be advised that, with your permission, the App may use geolocation tracking technology in order to verify your location for purposes of confirming your presence in permissible Amusement Games-participation jurisdictions. If you do not permit the App to verify your location, you will not be able to participate in the applicable Amusement Games.
Other than as set forth in the preceding paragraph, Company does not track your geolocation, or share or use your geolocation information, for any other purposes.
Behavioral Tracking
Company, as well as third party entities, use Cookies (as defined below), pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site and App for purposes of tracking Users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site and/or App. Company, and its third-party partners, use this Tracking Technology to target applicable Users with advertisements featuring Company products and/or services, as well as third-party products and/or services, that may be of interest to applicable Users.
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 or Digital Advertising Alliance.
Cross Device Tracking
Company tracks Users’ use of the Winner Winner™ Offerings across various devices, including your personal computer and Mobile Device, in order to optimize and personalize your Winner Winner™ Offerings experience, including by better tracking your Amusement Game participation. Company may collect certain of your personal information across various devices.
Cookies When a User visits the Site and/or activates the App, we may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to that User’s computer and/or Mobile Device, as applicable. Cookies have many benefits to enhance your experience with the Winner Winner™ Offerings. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Winner Winner™ Offerings, including for storing User preferences, improving ad selection and tracking User trends (such as Site pages opened and App session length).
Most computers and Mobile Devices are initially set up to accept Cookies, but you can reset your Internet browser and/or Mobile Device to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with the Internet browser installed on your computer and/or Mobile Device, as applicable. Even in the case where a User rejects a Cookie, he/she may still use the Winner Winner™ Offerings; provided, however, that the User’s ability to utilize certain features of the Winner Winner™ Offerings may be impaired. We reserve the right to retain Cookie data indefinitely.
Third-Party Links
The Winner Winner™ Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, the Social Media Websites and Download Venues. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third-party entities are independent third-parties and are not affiliated with us.
Security
We endeavor to safeguard and protect all User personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any User personal information offline). Where our registration/application process prompts Users to enter Sensitive Information (such as Payment Method information and Child User Information), and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All User personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Winner Winner™ Offerings or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail communications or other marketing messages from us, you can follow the instructions associated with the applicable marketing message or e-mail us at: support@winnerwinner.com.
Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your request for Winner Winner™ Offerings, including in connection with your participation in any Amusement Game, as well as to respond to any inquiry or request made by you. To opt-out of receiving Winner Winner™ Offerings-related and inquiry response-related messages from Company, you must cease requesting and/or utilizing the Winner Winner™ Offerings and cease submitting inquiries to Company, as applicable.
Deleting, Modifying and Updating Your 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 collected. You may do so by e-mailing us at: support@winnerwinner.com. We ask individual Users to identify themselves and the personal 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 of the Winner Winner™ Offerings, including our Amusement Games, and interfere with our ability to provide you with Prizes. If you wish to continue using the full complement of Winner Winner™ Offerings, and receive any and all applicable Prizes and/or amounts in your Account, 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. In addition, this deletion will not change or delete personal information which may have already been shared with third-parties, all as provided above in this Privacy Policy. You will need to contact the third-parties that contact you directly to change your preferences regarding their use of your personal information.
Transfer of Personal Information Internationally
If you are visiting the Site and/or App from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site, App and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site and/or in the App interface that we are changing our Privacy Policy. If the manner in which we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your personal information in this different manner and we will only use your personal information in this different manner where you opt-in to such use.
Contact Us
If you have any questions about this Privacy Policy, please e-mail us at: support@winnerwinner.com; or send us mail to: 3321 Sunrise Ave, Ste 101-104, Las Vegas NV 89101.
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.
