PRIVACY POLICY

Privacy Policy: Your Privacy Rights
Effective Date: January 4, 2024

EverPass knows that your privacy is important to you, and we want you to know that it is important to us too.  This Privacy Policy describes the types of personal information we collect, how we use that information, with whom we share it, and the choices available regarding our use of the information.  We also describe the measures we take to protect the security of information and how to contact us about our privacy practices. 

This Privacy Policy applies to the personal information collected on everpass.com and any website, social networking profile or other document that links to this Privacy Policy (each, a “Site”).

Here are a few general principles to keep in mind as you read through this Privacy Policy:

• Our Site is owned and operated by EverPass Media, LLC and its corporate affiliates (referred to collectively in this policy as “we,” “us,” “our” and other similar pronouns).

• Our Site does not address anyone under the age of 16.  We do not knowingly collect personally identifiable information from anyone under the age of 16.  If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. 

• As our business evolves, this Privacy Policy may change, so check back to this page periodically to make sure you understand how your personal information will be treated.

What information do we collect?

We may collect or process the following categories of information about you.  In some cases, the information we collect may fall within more than one category.

• Contact information and personal identifiers, such as your name, home address, business address, delivery address, email address, telephone number, wireless device addresses (including text message addresses) and username or social media handle.

• Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.

• Demographic information, such as your age, sex, and gender (some of which may be protected by applicable law).

• Commercial information, such as the products or services you have purchased, returned or considered, and your product preference.

• Online and network activity information, such as information regarding your interaction with our Site, digital properties, and advertisements, information about your browsing and search history on our Site, and log file information which includes, but may not be limited to, your browser type, webpages you visit including the referring page that linked you to the Site, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next website you visit when you leave the Site, and any search terms you have entered on the Site or a referral site, and other electronic network activity.

• Geolocation information, such as information that can help identify your physical location (like your GPS coordinates or the approximate location of your mobile device).

• Audio and visual information, such as recordings of your voice when you call our customer service.

• Professional or employment-related information, such as information from your resume, employment history, education information, and professional licenses or certifications.

• User Content, such as your communications with us and any other content you provide (including photographs and images, videos, reviews, articles, survey responses, and comments).

• Inferences drawn from or created based on any of the information identified above.
  
  

For the purposes of this Policy, “personal information” means any information that reasonably identifies, relates to, describes, or could be linked directly or indirectly to you or, if you reside in California, your household.

How do we collect this information?

We may collect personal information about you through various sources.  For example:

• Directly from you, such as when you contact us with a question or complaint, respond to a survey, participate in a contest or other promotion, sign up to attend an event, apply for employment, sign up to receive marketing communications, or use other services, features or resources we make available on our Site, or through offline technologies, such as call recording technology when you leave a voicemail.  We may collect personal information that you enter in a web form on our website automatically and prior to you pressing a submit button.  Information you are required to provide to us in order to complete your transaction or make your request is indicated with an asterisk next to the field on our online forms. In those cases, you are not required by law to provide the information, but if you do not provide the information, you will not be able to conduct your transaction and we may not be able to respond to your request. An example of this is your email address when you sign up to receive emails from us.

• When you interact with our Site or email.  When you visit our Site, or when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device, such as device identifiers and online and other network activity information (including “clickstream data” such as your IP address, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Site, the pages, content or ads you see or click on during your visit and when and for how long you do so, the next website you visit when you leave the Site, and any search terms you have entered on the Site or a referral site), by using technologies such as cookies (i.e., small pieces of electronic information stored by your internet browser software on to your computer’s hard drive), web beacons (also known as “pixel tags”) (i.e., small images embedded in our Site or emails), and similar technologies.  We may use web beacons to collect information about your browser or device, how you interact with our Site, or whether you open or click on the emails we send you. Web beacons also enable us (and third parties we work with) to place cookies on your browser.

• From our business partners and service provider, such as demographic companies, analytics providers, advertising companies and networks, third-party retailers, content providers, providers that help us monitor copyright infringement, sales agents, distribution agents, and other third parties that we choose to collaborate or work with.  For example, we may work with business partners that provide platforms on which EverPass content is offered (e.g., television providers, online video platforms), which collect and handle personal information subject to their own privacy policies.  We also may work with partners that help us conduct events or promotions.  These partners may share certain personal information with us, which we will handle in accordance with this Privacy Policy.

How is your information used?

We or our service providers may use the information we collect from and about you to perform the following business functions:

• enabling users to use our Site and its features;

• responding to your requests, questions and concerns;

• for marketing and advertising, such as to send you marketing and advertising materials via postal mail, or e-mail, and to show you advertisements for products and/or services tailored to your interests on social media and other websites;

• build and manage business-to-business relationships;

• auditing your transactions with us;

• administering the Site;

• verifying customer information;

• internal research to develop, improve, upgrade and enhance new products, features and offerings for our customers;

• research, analytics and developing new features and offerings on the Site;

• customizing our Site to your interests and history with us;

• providing you and others with more relevant content;

• analytics, such as to understand how you use our website, determine what browser and devices you use to visit our website, and to evaluate and improve our advertisements and our website, including by assessing the level of interest in, and use of, the Site, our emails and our other messaging campaigns both on an individual basis and in the aggregate.  For example, we use (i) Google Analytics on our Site and (ii) email marketing companies, like Mailchimp, when we send updates or marketing emails.  For specific details on how Google collects and uses your personal information when we use its services, please visit: How Google Uses Information From Sites Or Apps That Use Our Services.  We may also implement certain Google Analytics Advertising Features (including Remarketing with Google Analytics; Google Display Network Impression Reporting or Google Analytics Demographics and Interest Reporting). To opt-out of our Site usage being included in our Google analytics reports or being used for Google Analytics Advertising Features, you may follow these instructions: https://tools.google.com/dlpage/gaoptout.  For specific details on how Mailchimp collects and uses your personal information when we use its services, please visit: Mailchimp’s Cookie Statement;

• auditing compliance and other practices;

• protecting our rights and property, including without limitation as an exclusive licensee of certain video content;

• detecting security incidents;

• protecting against malicious, deceptive, fraudulent or illegal activity

• bringing claims against wrongdoers;

• quality and safety assurance measures;

• debugging software, systems and practices;

• other purposes disclosed when personal information is submitted to us; and

• other limited transactional uses.

To perform the above functions, we may match information collected from you through different sources or at different times.  For example, using information we collect with cookies along with information obtained from other sources (including third parties like data aggregators and sales lead generators), inferences we can derive from personal information and site usage information, and publicly accessible information (such as information available publicly on the Internet).  This information includes, for example, demographic information and updated contact information.

Do we share your information with others?

Yes.  We may share your information with others for a variety of reasons.  In addition to the kinds of information sharing you might expect, we may share your information:

• with third parties who need your information in order to provide services to us or on our behalf, including our distribution agents for video content, sales agents for our products and services, and those service providers that provide website and application functionality, hosting, analytics, advertising, customer service and marketing services;

• with certain third party partners who may use your information pursuant to their own policies.  For instance, when you submit a question to us, we may provide your personal information to our distribution agents and/or sales agents for purposes of providing our products or services and/or other relevant products or services;

• with our current and future parents, subsidiaries, affiliates, and other companies under common control and ownership;

• with the National Football League, which shall have the right to use your information (for clarity, including personal information), without restrictions, for its own lawful business purposes and may provide your information to its affiliates, service providers, and its member clubs for their own lawful uses;

• with our co-sponsor(s) if we obtain your information in connection with a contest, sweepstakes, offering, or other promotional activity that is jointly offered by us and any third parties, unless you instruct us not to by following the instructions under “Email Opt-Out” below;

• when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law; and

• in connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business.
  
  

In addition, we may share non-personally identifiable information (including aggregated data) with others, for their own use, in a form that does not include your name or contact information.

How do we use cookies?

A cookie assigns a unique numerical identifier to your Web browser, and may enable us to recognize you as the same user who was at our Site in the past, and relate your use of the Site to other information about you, such as your online and network activity information and personal information.  Cookies may also be used to enhance your experience on the Site (e.g., by providing a personalized experience) or to collect general usage and aggregated statistical information (e.g., counting the number of individuals who visit us online) and detect and prevent fraud.  We also use cookies to collect your online and network activity information (e.g., how you interact with our electronic communications (such as email)).  Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Site or its features.  You can learn more about the use of cookies, including how to manage or delete them, at www.allaboutcookies.org. 

When you visit our Site, you will notice a banner where you can accept or decline cookies.  Note that your settings only apply to the browser you use to submit your request, so if you use multiple browsers or devices, you must submit your request on each browser, and on each device.  Your request is enabled using cookies so once you opt-out, if you delete your browser’s saved cookies on a device, you will need to opt-out again on that browser on that device.

Do Not Track Disclosures

We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms. Third parties that have content or services on our website such as a social feature, an analytics service, or an advertising network partner, may obtain information about your browsing or usage habits. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.com.

We utilize Google Analytics for our web analytics and you can opt out of your Site usage data being included in our Google Analytics reports by visiting https://tools.google.com/dlpage/gaoptout. 

Third-Party Advertising Companies

We may use third-party advertising companies to serve ads when you visit our Site or elsewhere online. These advertising companies may use cookies and other technologies to collect device identifiers, online and network activity information, commercial information, or inference, such as information about the websites you visit over time and the advertisements you click on, in order to deliver advertisements that are targeted to you.

Some of these service providers may be able to collect personal information that you enter into a web form automatically and prior to you pressing a submit button; and they may be able to use information from your visits to this site to send marketing messages to you in a way that may personally identify you.

For more information about third-party advertising companies and how you can exercise choice regarding use of your information, visit: the Network Advertising Initiative’s consumer website at http://www.networkadvertising.org/choices or the Digital Advertising Alliance’s website at http://optout.aboutads.info/#!/.

We may also work with third-party platforms, including platforms operated by social networks, such as Google, and Facebook, to show you advertisements or measure the effectiveness of our advertisements. We may share your email address, telephone number, or other information, and/or convert such information into a unique value and have these third-party platforms match this with a user on their platform or with other data they may have.  This matching enables us to deliver advertisements to you and others on these platforms.  You also can request that we refrain from using your personal information in this way by emailing us at privacy@everpass.com.

Accessing, Updating and Modifying Personal Information

Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal information, and have the personal information deleted, as appropriate.  These rights may be limited in some circumstances by local law.  You may request to review, change or delete your personal information by sending an email to privacy@everpass.com.  We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies and applicable law.

Email Opt-Out

You can opt-out of receiving marketing communications by email by following the instructions within the emails you receive from us or by sending an email to privacy@everpass.com.  Please note that your opt-out request is specific to the particular type of email communication you receive from us. Please note that if you opt out from marketing communications from us, we may still send you transactional or operational emails.

Security

While we endeavor to protect the security and integrity of sensitive personal information collected via our Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. However, we maintain reasonable administrative, technical, and physical safeguards designed to protect any personal information that you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.

If you correspond with us by e-mail, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If at any time during or after our relationship we believe that the security of your personal information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at privacy@everpass.com.  You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.

“Linked-To” Web Sites

The Site may contain links, banners, widgets or advertisements that lead to other websites.  We are not responsible for these other sites, and so their posted privacy policies (not this Privacy Policy) will govern the collection and use of your information on them.  We encourage you to read the privacy statements of each website visited after leaving the Site to learn about how your information is treated by others.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time.  When we do, we will let you know by posting the changed Privacy Policy on this page with a new “Effective Date.”  In some cases (for example, if we significantly expand our use or sharing of your personal information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you.  In some cases, we may request your consent to the changes.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at:

EverPass Media, LLC

600 Steamboat Road, Suite 107

Greenwich, CT 06830 

Email: privacy@everpass.com

California-Specific Disclosures

This section applies solely to California residents and supplements our Privacy Policy above.

Sources and Use of Personal Information

We collect this personal information from you and from other categories of sources as further described in the “How do we collect this information?” section above. 

As described in the “How is your information used?” section above, we may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, for our vendor management purposes, and to accomplish our business purposes and objectives, including, for example, using personal information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

Sharing and Disclosure of Information

We may collect and disclose or may have collected and disclosed personal information to third parties that may use the information for their own business purposes. These third parties provide us with services, insights, or other valuable consideration. California law treats these disclosures as “sales” even if no money is exchanged.

We may collect and disclose or may have collected and disclosed the following categories of personal information to marketing service providers, analytics companies, advertising networks and other third parties for valuable consideration:

• Contact information and identifiers

• Device identifiers

• Demographic information

• Online and network activity information

• Geolocation information

• Inferences