Privacy policy
Earnie Jr. / Bossa Nova Marketing, a limited liability company with its registered offices: 2521 NW 16th Lane Bay B Pompano Beach, Florida 33064 (“Earnie Jr.,” “Bossa Nova Marketing,” “we,” “our,” or “us”), is dedicated to safeguarding your privacy. This Privacy Policy outlines how Earnie Jr. collects, uses, and discloses your personal information. It is applicable to our websites and services offered at Earniejr.com and through our Earnie Jr. mobile application (collectively, the “Service”). By accessing or using our Service, you indicate that you have read, understood, and agreed to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.
WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
The categories of information we collect include:
1. Information you provide to us directly: Personal information such as your name, address, telephone number, date of birth, payment information, and email address when registering for our Service, signing up for our mailing list, entering a contest or sweepstakes, or communicating with us.
2. Data collected through the use of the Service: Information about how you use the Service, your actions on the Service, and the content you post, including User Content. By using the Service, you consent to the recording, storage, and disclosure of such communications for safety, regulatory, law enforcement, and rights protection purposes.
We use this information to operate, maintain, and provide the features of the Service, complete transactions or services, tailor programming and services to your needs, and communicate directly with you.
HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION
We and our third-party service providers may collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us. We use this information to enhance and personalize your user experience, monitor and improve our websites and services, and for other internal purposes. In some instances, we and our third-party service providers may combine this usage information with Personal Information. If we do combine any usage information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).
We typically collect this information through a variety of tracking technologies, including cookies, web beacons, Locally Stored Objects (LSOs such as Flash or HTML5), log files, and similar technology (collectively, “tracking technologies”), and may use third-party providers to collect this information on our behalf. For example, we use tracking technologies to automatically collect information about how you access and use the Service (e.g., referring / exit pages and URLs, how frequently you access the Service, the pages you view, the links you click, and other actions you take on the Service); information about your browser and information about the device(s) you use to access the Service (e.g., Internet Protocol (IP address), browser type, browser language, Internet service provider, device type, model and manufacturer, a unique ID that allows us to uniquely identify your browser, device or account, operating system brand and model, and whether you access the Service from multiple devices); information about your location (e.g., GPS coordinates (e.g., latitude and/or longitude) or similar information or we may be able to approximate or infer a device’s location by analyzing other information, like an IP address). We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content, and information, including targeted content and advertising; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as a total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services (particularly those that require you to sign in) may not function properly if your cookies are disabled. Set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not prevent the collection of information through non-cookie technologies and does delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects – including how to manage privacy and storage settings for Flash cookies – on Adobe’s website or by clicking here. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.
We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.
SHARING OF YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
Remember, our Service allows you to connect and interact with others. Your profile information and other personal information, will be available publicly to other members of the Service by default when you create a profile, interact with others on the Service in public groups, and post content to public spaces.
We may share your personal information with:
The public and other members of the Service. Your content and comments you post to public areas of the Service will be viewable by others on the Service and the public. Please do not provide personal information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see “Control Over Your Information” below);
Other users of the Service. We share your information with third parties with whom you communicate on the Service;
Third parties at your request. For example, you may have the option to share your activities on Earnie Jr. with your friends through email, text, or various social media sites;
Other companies and brands owned or controlled by Earnie Jr. and other companies owned by or under common ownership as Earnie Jr., which also includes our subsidiaries (i.e., any organization we own or control) and our ultimate corporate owner Earnie Jr., Inc., and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy. Material posted to the Service may also be shared with and displayed on websites owned and operated by Earnie Jr., Inc.;
Third parties with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, contest fulfillment, web hosting, or providing analytic services;
The public when you provide feedback or user content on our site. For example, if you post user content to the Service or comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our Service or our social media pages;
Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Earnie Jr., our visitors, or others.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
CONTROL OVER YOUR INFORMATION
Profile and Data Sharing Settings. You may update your profile information, such as your email and password, and may change some of your data-sharing preferences on your Account Preferences page.
Access to your Device Information. You may control the mobile app’s access to your device information through your “Settings” app on your device.
How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Service or publicly displayed content, you can contact us directly at info@earniejr.com. We may not be able to modify or delete your information in all circumstances. To request deletion of the personal information we have collected in connection with your Earnie Jr. account, please select the “I want to delete my account” option after logging into your account in Account Preferences.
YOUR CALIFORNIA PRIVACY RIGHTS
This section applies to you if you are a resident of the state of California. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include publicly available information, that is de-identified or aggregated such that it is not capable of being associated with an identifiable consumer or device, or that is excluded from the CCPA’s scope.
Residents of California may be entitled to certain rights concerning personal information that we have collected about them under the CCPA:
Right to Know. You have the right to request to know more about the specific pieces or categories of personal information we have collected, the categories of data sources, and the categories of third parties with whom we have shared the personal information for a business or commercial purpose in the last 12 months.
Right to Request Deletion. You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
Right to Opt-Out of Personal Information Sales. You have the right to direct us not to sell (as the CCPA defines such term) the personal information we have collected about you to third parties.
Right against Discrimination. You also have the right to be free of discrimination 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 the Service or engage with you in the same manner.
To request to exercise your right to know and/or right to deletion, please submit a request by emailing info@earniejr.com with the subject line, “California Rights Request.” We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
We do not “sell” personal information to third parties without consent, however, we do allow certain third-party advertising networks and other third-party businesses to collect your personal information directly from your browser or device through cookies, and related technologies for advertising, attribution, analytics, and research purposes. These third parties may use such personal information for their purposes by their privacy statements, which may include reselling this information to additional third parties. To exercise your Right to opt out of Personal Information Sales, please visit trustarc.com to learn how you can exercise your choices over this third-party data collection.
Additionally, you may wish to visit www.privacyrights.info or www.optout.privacyrights.info, to opt-out from sales of this type of personal information by businesses that participate in the DAA’s CCPA App-based Opt-Out Tool. Please also see the section called “Third-party tracking and online advertising” for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online services, and the choices you may have about those activities.
You may also have certain rights under California Civil Code Section §1798.83 (“Shine the Light”) concerning the disclosure of your personal information to third parties. We do not share your personal information with third parties for direct marketing purposes without consent.
Minors. We do not sell the personal information of consumers we know to be less than 16 years of age unless we receive affirmative authorization (the “Right to Opt-In”) from either the minor who is between 13 and 16 years of age or the parent or guardian of a minor less than 13 years of age. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at info@earniejr.com. We may not be able to modify or delete your information in all circumstances.
THIRD-PARTY TRACKING AND ONLINE ADVERTISING
We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies, and other third-party services, to collect, information about your use of our Service over time so that they may play or display ads on our Service, on other websites, apps, 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 cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data 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.
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 Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.
You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. 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 Service. 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.
HOW WE STORE AND PROTECT YOUR INFORMATION
Data storage and transfer: Your information collected through our Service may be stored and processed in the United States or any other country in which Earnie Jr. or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards.
Keeping your information safe: We care about the security of your information and use commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
CHILDREN’S PRIVACY
Earnie Jr. takes protecting children and their personal information very seriously and we strictly adhere to the Children’s Online Privacy Protection Act of 1998. We will not require a child to disclose any information other than what is reasonably necessary to participate in an activity. A parent may review their child’s personal information at any time, direct us to delete it, and refuse any further collection of the child’s information. Earnie Jr. will not knowingly request identifiable information or private content from anyone under the age of 13 without parental consent. At the time of registration, you will be asked to consent to users under the age of 13 being tied to and using the account and you must be the legal parent or guardian to grant such consent. If consent is given, we may receive information from children under the age of 13 as guided by the due diligence of this Privacy Statement. We will not share children’s personally identifiable information with third parties.
LINKS TO OTHER WEBSITES AND SERVICES
The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.
HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Service, please contact us by mail or email at: info@earniejr.com.
CHANGES TO OUR PRIVACY POLICY
We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page. If you object to any changes, you may close your account. Continuing to use our Service after we publish changes to this Privacy Policy means that you are consenting to the changes.
This Privacy Policy was last modified on January 17th, 2024.