Effective September 2021
3. What Information We Collect
We collect several types of information about our current and prospective customers, members, users, visitors, and guests (collectively, “Individuals”), directly from Individuals as well as from third-party sources. This includes:
- Personal information that we could reasonably use to directly or indirectly identify an Individual, such as a name, mailing address, email, telephone number, or other similar identifiers (“Personal Information”).
- Non-personal information that does not directly or indirectly reveal an Individual’s identity or directly relate to an identified Individual, such as de-identified and aggregated information (“Non-Personal Information”).
- Statistical or aggregated information that does not identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate non-personal information to calculate the percentage of users accessing a specific Website feature.
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your Omaze account login information, browser type and version, device information, local time, or operating system and platform.
- Non-personal details about an Individual’s interactions with the Website, including the full Uniform Resource Locators (“URLs”); clickstream to, though, and from our Website (including date and time); Experiences you viewed; pages for which you searched; page response times; download errors; length of visits to certain pages; button clicks; or methods used to browse away from the page.
If we combine or connect non-personal information with Personal Information so that it directly or indirectly identifies an Individual, we treat the combined information as Personal Information.
A. Anonymized Information.
We may use Personal Information and other information about you to create anonymized information and aggregate anonymized information. Examples of anonymized information include de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services or other analyses we create. Anonymized information is not Personal Information.
We may use anonymized and aggregated information for various functions, including research, internal analysis, analytics, and other legally permissible purposes. We may share this information within Omaze and with third parties in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
B. Types of Personal Information We Collect
We generally collect the types of Personal Information listed below.
Examples of information we may collect if you visit our website:
- Technical and geolocation information, such as IP address, device type, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, operating system, referral URL, the date and time you used the Services, the amount of time you spend on each page, page views and site interactions, and location of your device.
Examples of information we may collect if you set-up an Omaze account, join our mailing list, communicate with us, or enter to win an Experience:
- Identifiers, such as your name, email address, billing address, and phone number.
- Geolocation information, such as city, county, and zip code.
- Financial information, such as credit card and billing information if you make a donation (collected and processed by our third-party processor).
- Commercial information, such as your entry history or donation history.
- Other information you voluntarily provide to us on a public-facing portion of our site or in a communication to us.
Examples of information we may collect if you participate in a survey:
- Demographic or other information that you submit voluntarily (such as your age, gender, education, and income).
Examples of information we may collect if you win an Experience:
- Audio or visual information, such as images and videos.
- Demographic, employment, educational, or other background information included in a background check.
- Government-issued ID, insurance information, tax information, or other information required to supply you with the prize.
4. How We Collect Information About You
The sources of the Personal Information we collect above include Personal Information that you directly provide to us (for example, on our Website or while interacting with our Services), Personal Information that we gather from the devices you use to access our Services (for example, our Website or mobile applications), Personal Information we receive from third-parties (e.g., marketing, research or survey partners), and Personal Information that we generate internally (for example, we may create identifiers internally that we associate with you).
A. Information You Provide Directly to Us.
When you use our Services, contact us directly, or engage in other activities we may ask for, and you may provide us with information about you (either directly to us or to third-parties acting on our behalf). This includes Personal Information you may provide when you make a donation, search our Website, enter to win an Experience, win an Experience, create an account, join our mailing list, communicate with us via email, telephone, or chat, interact with us on social media, participate in surveys or research, provide testimonials or reviews, report a problem with our Website.
You share and/or submit content for public consumption at your own risk. Even if you set specific privacy settings for such public forums, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of any Website users or other third-parties. Therefore, we do not guarantee that unauthorized persons will not view the content that you may share or submit for publication on such public forums. Even if you delete the content, copies may remain viewable in cached and archived pages or might have been created or stored by others.
B. Automated Technologies or Interactions.
As you interact with our Services, we may automatically collect location-based information and technical information about your equipment, browsing actions, and Website interactions as specified above. We collect this information by using cookies and pixels (see Section 7, “Cookies and Automated Data Collection Technologies”).
C. Information from Third-Parties or Publicly Available Sources.
We may also receive information about you from other sources, including through third-party services and organizations. This includes Personal Information from a winner if they select you to be their guest for an Experience, from our vendors and business partners (including sub-contractors that help with technical, payment, or delivery services), advertising networks, analytics providers, or search information providers. In addition, for Potential Winners and Winners only, we may collect Personal Information from background check services (see the Website’s Official Rules, for more information).
5. How We Use Personal Information
We may use your Personal Information to fulfill requests for Services or information, to conduct our business operations and perform administrative purposes, to provide you with materials about non-profit partners, offers, products, or the Services, and/or to improve and personalize our Services, messaging, or your interactions with us.
Some examples include:
- Present our Website; provide you with Experiences, Services, information, or support that you request from us; and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- Fulfill the purposes or the reason for which you provided the Information or that were described when it was collected, including through third-party payment processing.
- Create, maintain, customize, and secure your account with us.
- Process your requests, purchases, transactions, and payments, and provide related products or services or prevent transactional fraud.
- Notify you about changes to our Website, products, or Services.
- Provide, support, personalize, and develop our Website, products, and Services.
- Personalize our marketing messages to you.
- Testing, research, analysis, and product development, including developing and improve our Website, products, and Services.
- Processing any necessary paperwork or background checks for the potential winners and winners of each Experience.
- In any other way we may describe when you provide the information.
- For other legitimate interests, such as fraud protection or compliance with legal obligations.
6. When We May Share Your Personal Information
- To service providers, contractors, and other third parties we use to support our business, for at least the following business purposes: Performing services or servicing accounts; Serving advertising and marketing on our behalf; Maintaining or improving the quality of products or services we offer; and Detecting security incidents, protecting against malicious activity, and prosecuting those responsible. Our policy is only to make these business purpose disclosures to third-parties pursuant to written contracts specifying the purposes, requiring the recipient to keep the personal information disclosed confidential, and prohibiting the use of the disclosed information for any purpose except under the contract.
- In connection with a merger, sale, divestiture, restructuring, reorganization, dissolution, or other transfer of some or all of Omaze’s assets.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- To enforce or apply any agreements between Omaze and you, if applicable.
- As we believe necessary to protect the rights, property, or safety of Omaze, our users, partners, or others.
7. Cookies and Automatic Data Collection Technologies
We, as well as third parties that provide content, advertising, or other functionality on our Services, may use automatic data collection technologies (e.g., cookies, pixel tags/web beacons, social media widgets, local storage, etc.) to collect information about you, your equipment, browsing actions, and Website interactions. Similarly, if you sign up for our text messaging program, cookies may be used to personalize your experience (e.g., send you personalized text messages such as shopping cart reminders). We use technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Website, Services, applications, messaging, and tools, and to recognize you across devices. We also may use these technologies to collect information about your online activities over time. For more information about your options, see Section 8 (“Your Rights and Choices”).
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized Services, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Where available, you may refuse to accept certain cookies by adjusting the settings in our Cookie Preference Center. You may also refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Where applicable, unless you have adjusted your settings, our system will issue cookies when you direct your browser to our Website.
- Pixel Tags. Pages of the Website and our emails may contain small electronic files known as pixels (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). For example, we use Google Analytics to measure and analyze our site traffic. Where available, you may refuse to accept certain beacons by adjusting the settings in our Cookie Preference Center.
8. Your Rights and Choices
Omaze understands that your Personal Information is important to you. Therefore, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
A. Tracking Technologies and Advertising
- Chrome (desktop) (mobile)
- Safari (desktop) (mobile)
- Internet Explorer (desktop) (mobile)
- Firefox (desktop) (Android)
- Android Browser: Click on the top right corner of the app (labeled with “More” or three dots) -> Settings -> Privacy
- Opera (desktop and mobile)
- Silk (mobile)
To be clear, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device.
You may be able to opt-out of receiving certain personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Please visit the Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page to opt-out directly from providers who participate in those programs. Omaze does not control or operate these tools or the choices that advertisers and others provide through these tools.
B. Marketing and Email
Omaze respects the rights of our users who receive our communications and enforces internal policies to preserve those rights. While we value our communications with you, if you do not want Omaze or Omaze’s representatives to contact you for marketing purposes, you may opt-out of this preference at any time by sending us an email stating your request to firstname.lastname@example.org. In addition, if we have sent you a promotional email, you may click the unsubscribe link included in the email.
C. Opting Not to Register or Provide Personal Information
If you choose not to register or provide Personal Information, you can still visit most of the Website; however, you will not have access to areas requiring personal identification.
From time to time, our website may contain links to and from the websites of our partner networks, advertisers, and affiliates or include plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies. We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.
Our Website is not designed to respond to “do not track” signals received from browsers.
California residents may have additional personal information rights and choices. Please see Section 14 (“California Privacy Notice”) for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: email@example.com. However, we do not currently sell data triggering that statute’s opt-out requirements.
9. Users From Outside the United States
This Website is hosted in the United States and is governed by US law. Accordingly, if you access the Website from the European Economic Area or any other regions with laws governing personal data collection and use, please note that your Personal Information will be processed in the United States and elsewhere outside the European Economic Area.
Personal Information collected by Omaze may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, Canada, the European Economic Area, in the cloud, on our servers, on the servers of our affiliates, or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above.
10. Children’s Privacy
Our Services are not directed to children under the age of 16. In addition, you are not permitted to use our Services if you are under the age of 16. We do not knowingly collect or sell Personal Information from children under the age of 16. If you are under 16, do not use or provide any information on this Website or through any of its features. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected the Personal Information of a child under the age of 16, we will take steps to delete such information from our files as soon as possible.
10. Data Retention and Security
The security of your Personal Information is very important to us. Omaze uses physical, electronic, and administrative safeguards designed to protect your Personal Information from loss, misuse, and unauthorized access, use, alteration, or disclosure.
The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. Do not share your password.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues.
12. Omaze’s Privacy Team Contact Information
P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232
If you need to access this Policy in an alternative format due to having a disability, please contact email@example.com.
14. California Privacy Notice
This California Privacy Notice is not intended to apply to Personal Information we collect about our business partners, employees, applicants for employment, or contractors in the employment context.
A. Personal Information We Collect
As used in this California Privacy Notice Section only, “Personal Information” refers to “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
Section 3 (“What Personal Information We Collect”), above, describes the categories Personal Information we collect. Specifically, in the last 12 months we have collected data in the following categories established by the California Consumer Privacy Act:
- Identifiers, such as name, email address, billing address, and phone number.
- Personal information, such as credit card number and billing information.
- Age, gender, or other protected classifications under California or federal law, if you won an Experience or provided that information when you participated in a survey.
- Commercial information, such as entry history and donation history.
- Internet or other electronic network activity, such as page views and site interactions, device information, browser information, operating system information, referral information.
- Geolocation information, such as city, county, zip code, IP address, and location of your device.
- Audio visual information, if you won an Experience and we prepared videos or photographs related to that win.
- Education information if you won an Experience or provided that information when you participated in a survey.
- Inference data, such as information about your purchase preferences.
C. What Personal Information We Share
California law requires that we also list the categories of Personal Information that we have disclosed to third parties for business purposes in the last 12 months. In the prior 12 months, we have collected or disclosed all of the categories of Personal Information we describe in Section 3 (“What Personal Information We Collect”) as described in Section 6 (“When We May Share Your Personal Information”)for the various business purposes, as described in Section 5 (“How We Use Personal Information”).
D. Your Rights in California
As a resident of California, you have certain rights, such as those bulleted below. You may freely exercise these rights without fear of being denied goods or services. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information.
- Right to data portability/access. You may be entitled to receive the specific pieces of personal information we have collected in the 12 months preceding your request, including, where applicable, in an electronic and readily usable format.
- Right to know. You may be entitled to receive information regarding the categories of Personal Information we collected, the sources from which we collected Personal Information, the purposes for which we collected and shared Personal Information, the categories of Personal Information that we sold, and the categories of third-parties to whom the Personal Information was sold, and the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding your request.
- Right to deletion. You may be entitled to request that we delete the Personal Information that we have collected from you. We will use commercially reasonable efforts to honor your request in compliance with applicable laws. Please note, however, that we keep some or all such information, such as for our legitimate business purposes or as required to comply with applicable law.
- Non-discrimination. Subject to some exceptions, California consumers have the right not to be discriminated against based on the consumer’s refusal to provide a business with Personal Information.
- Do Not Sell. You have the right to opt-out of disclosures of Personal Information to third parties for valuable consideration (which may be considered “sales” under California law even if no money is exchanged). We do not sell your Personal Information. However, Omaze respects and understands that you may want to minimize the sharing of your information with third parties for marketing purposes. If you are a California resident and would like to reduce the sharing of information for marketing purposes, please fill out the form here: https://www.omaze.com/pages/do-not-sell-my-personal-information
- Shine the Light Law. Under California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.
If you are a California resident and would like to exercise your right to delete, please submit this form.
If you are a California resident and would like to exercise your right to access, please submit this form.
Once you’ve submitted a form, you’re done! If you have any other questions, you may also email us at firstname.lastname@example.org or write us at Omaze, Inc., Attn: Privacy, P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. You or your authorized agent may only submit a request to know twice within 12 months. Your request must provide sufficient detail that allows us to understand, evaluate, and respond to it appropriately.
California law requires us to verify the requests we receive from you when you exercise certain rights listed above. Accordingly, we (or third parties we engage to assist us) may ask you to provide certain information to us for us to verify your identity and request, including your name, email address, physical address, last Experience entered, and (depending on the type of request) a signed declaration (collectively, the “Verification Information”). We will only use the Verification Information to verify the requestor’s identity or authority to make it, except for record-keeping purposes. We will delete this information as soon as practicable after we meet those obligations.
You may also designate an authorized agent to exercise your rights on your behalf. If you have provided an authorized agent with a power of attorney under the California Probate Code, we will work directly with your authorized agent to complete your request. Where you have not provided an authorized agent with a power of attorney under the California Probate Code, we will reach out to you directly to confirm the authorized agent’s authority and collect the Verification Information.
15. EEA and UK Rights
A. Your Rights in the EEA and UK
Users from the European Economic Area and the UK have the following rights regarding their Personal Information:
- The right to access. You have the right to request Omaze provide you a copy of your personal data. This includes the right to request that Omaze provide you with a copy of your data structured, machine-readable format, and to ask us to share (port) this data to another controller.
- Right to correct, delete, or restrict (stop any active) processing of your personal data.
In addition, you can object to the processing of your personal data in some circumstances (in particular, where we do not have to process the data to meet contractual or other legal requirements or where we are using the data for direct marketing).
These rights may be limited, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
B. Exercising Your Rights
If you are a user accessing this site from the European Economic Area or the UK and wish to exercise your right to delete, correct, or restrict, please submit this form.
If you are a user accessing this site from the European Economic Area or the UK and wish to exercise your right to access, please submit this form.
Once you’ve submitted a form, you’re done!
Further, to comply with the General Data Protection Regulation (2016/679) we have appointed a European representative. If you wish to contact them, their details are as follows:
29 Earlsfort Terrace
Dublin 2 D02 AY28 – Ireland
If you have unresolved concerns, you have the right to complain to an EU data protection authority where you live, work, or where you believe a breach may have occurred.
C. Legal Basis for Processing Data for Users From the EU and European Economic Area.
We process Personal Information as detailed in the sections above. Under the privacy laws applicable to Users in the EEA and UK, we additionally provide the legal basis for which we process such Personal Information:
- To fulfill a contract or take steps linked to a contract (e.g., when you enter to win an Experience);
- To verify your identity;
- To take payments;
- To communicate with you, including sending you automated service messages;
- To provide customer service;
- To draw winners; and
- To arrange the delivery or other provision of prizes for the winners of the Experience.
As required by Omaze to conduct our business and pursue our legitimate interests, we will use your information:
- To provide products and services you have requested;
- To help us monitor, improve, and protect our products, content, Services, and Website;
- To investigate and respond to any complaints received from you or others about our Website; products, or Services;
- To send you direct marketing about our current activities, future events, and Experiences, where permitted by law;
- To personalize our Website and Services for you;
- To provide targeted advertising about Omaze on our sites and selected partner sites and social networks;
- To process credit or debit card payments (which is processed by our third-party payment processors);
- To prevent, investigate, and/or report fraud, terrorism, misrepresentation, security incidents, or crime, in accordance with applicable law;
- In connection with legal claims, compliance, regulatory, and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation);
- In connection with those cookies and other technologies that are strictly necessary to make our Website function; and
- To invite some individuals to take part in market research where they choose to do so.
Where you give us permission, we will use your information:
- To send EEA and UK residents direct marketing about our current activities, future events, and Experiences;
- In connection with surveys, where you choose to participate in those surveys and choose to provide us any information;
- In connection with cookies, web beacons, and other storage technologies that are not otherwise strictly necessary for the Website to function, which technologies we may use to collect or receive information from the Website and elsewhere on the Internet and use that information to provide measurement services and target ads about Omaze;
- In connection with photographs, video recordings, and information about winners; and
- On other occasions where we ask you for consent, we will use the data for the purpose that we explain at that time.
For purposes required by law, we may use your information:
- In response to requests by government or law enforcement authorities conducting an investigation.
16. Canadian Rights
A. Your Rights in Canada
Residents of Canada have the following rights regarding their Personal Information
- The right to access. You have the right to request Omaze for access to your personal data.
- The right to rectification. You have the right to request that Omaze correct any information you believe is inaccurate. You also have the right to request Omaze to complete the information you believe is incomplete.
Please note that these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the Personal Information.
B. Exercising Your Rights to Access or Correct Your Information
If you are a Canadian resident and would like to exercise your right to rectification, please submit this form.
If you are a Canadian resident and would like to exercise your right to access, please submit this form.
Once you’ve submitted a form, you’re done! If you have any other questions, you may also email us at email@example.com or write us at Omaze, Inc., Attn: Privacy, P.O. Box 866, 9942 Culver Blvd, Culver City, CA 90232
Only you, or someone legally authorized to act on your behalf, may make a request to access your Personal Information. We may verify the requestor’s identity when we receive a request to exercise certain of the rights listed above. We may ask you to provide certain information to us for us to verify your request, including your name, email address, physical address, last Experience entered, and (depending on the type of request) a signed declaration.