TERMS and Conditions of service
Effective Date: August , 2019
These Terms and Conditions of Service (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of Gosh Enterprises, Inc. and each of its related, affiliated or subsidiary companies d/b/a Charleys®, Charleys Philly Steaks® and/or any abbreviation or derivation thereof (collectively, “CHARLEYS”) and on which these Terms appear. These Terms are a legal and binding agreement between you and CHARLEYS. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the Services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
These are general audience Services for adults. CHARLEYS will assume (and by using these Services you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
CHARLEYS strives to ensure that the information contained on the Services is accurate and reliable. However, CHARLEYS and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, CHARLEYS makes no representations about the reliability of the features of the Services, the CHARLEYS Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. CHARLEYS is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of CHARLEYS, and CHARLEYS does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by CHARLEYS prior to posting and CHARLEYS makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. CHARLEYS makes no representations regarding the amount of time that any CHARLEYS Content or Submitted Content will be preserved.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, CHARLEYS hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. CHARLEYS disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall CHARLEYS or any of CHARLEYS’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if CHARLEYS has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
You agree to indemnify, defend, and hold harmless CHARLEYS, its affiliates, its Providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.
COMMUNICATING WITH CHARLEYS
The Services contain many valuable trademarks owned and used by CHARLEYS throughout the world. These trademarks are used to distinguish CHARLEYS’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of CHARLEYS (“CHARLEYS Content”). CHARLEYS Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of CHARLEYS.
Certain areas of the Services enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not CHARLEYS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of CHARLEYS and CHARLEYS is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
CHARLEYS hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without CHARLEYS’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although CHARLEYS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CHARLEYS or others due to such unauthorized use.
The Services may link to sites not maintained by or related to CHARLEYS. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or CHARLEYS. CHARLEYS has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. CHARLEYS makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, CHARLEYS does not implicitly endorse third-party sites hyperlinked to or from this Website.
TEXT MESSAGING NOTICE
If you choose to participate in any CHARLEYS promotion that may involve the use of text messaging (either sending or receiving), CHARLEYS will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
MOBILE TERMS & CONDITIONS
- You have legal capacity to participate in the CHARLEYS mobile text program.
- By participating in the CHARLEYS mobile text program and signing up for mobile offers and text updates, you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of CHARLEYS. You also acknowledge that your agreement to receive these messages isn’t required as a condition of purchase.
- Message and data rates may apply. All charges are billed by and payable to your mobile service provider.
- If you would like to be removed from the CHARLEYS mobile text program, you must contact CHARLEYS to opt-out. This is the exclusive method for opting out.
- CHARLEYS reserves the right to remove subscribers from our messaging database at its discretion.
- In the event that you change or deactivate your mobile number it is your responsibility to notify CHARLEYS to have your number removed.
- CHARLEYS will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. CHARLEYS may use this information to contact you and to provide the services you request from us.
- These terms and conditions are subject to change at any time without notice.
CHARLEYS reserves the right to implement CHARLEYS loyalty programs (collectively, the “Loyalty Program”) for customer rewards. Such Loyalty Program’s terms and conditions are subject to change. The Loyalty program is good only at participating locations. The Loyalty Program may be discontinued at any time. Rewards will not be replaced if your Loyalty Program account is compromised or if the account holders cannot remember their username or password. Accounts must be registered to earn and redeem rewards. Your data is kept private and only used by CHARLEYS to administer the Loyal Program and to inform guests about special offers from CHARLEYS. You agree to be enrolled into our occasional email communication and may choose to opt out of email communications at any time by following instructions for opting out in the email. Transactional emails which help prevent fraud and provide important/necessary account information is a required part of membership. Only one CHARLEYS account can earn points per transaction. The Loyalty Program account and rewards or offers have no cash value and are not redeemable for cash.
VIOLATION OF THESE TERMS AND REMEDIES
CHARLEYS reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you submit as Submitted Content. CHARLEYS may seek to gather information from the user who is suspected of violating these Terms, and from any other user. CHARLEYS may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If CHARLEYS believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. CHARLEYS will fully cooperate with any law enforcement authorities or court order requesting or directing CHARLEYS to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CHARLEYS AND ANY CHARLEYS’S EMPLOYEE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CHARLEYS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CHARLEYS OR LAW ENFORCEMENT AUTHORITIES.
You agree that CHARLEYS may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if CHARLEYS determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to CHARLEYS. You also agree that monetary damages would be inadequate for such harm and consent to CHARLEYS’s obtaining any injunctive or equitable relief that CHARLEYS deems necessary or appropriate. These remedies are in addition to any other remedies that CHARLEYS may have at law or in equity.
If CHARLEYS takes legal action against you as a result of your violation of these Terms, CHARLEYS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CHARLEYS. You agree that CHARLEYS will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CHARLEYS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or CHARLEYS in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with CHARLEYS arising out of, connected to, or in any way related to these Terms, you will send a written notice to CHARLEYS (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Department, Gosh Enterprises, Inc., 2500 Farmers Drive, Suite 140, Columbus, OH 43235. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and CHARLEYS to litigate claims in court and you and CHARLEYS each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. You agree that you will not file any lawsuit against CHARLEYS in any state or federal court. You agree that if you do sue in state or federal court, and CHARLEYS brings a successful motion to compel arbitration, you must pay all fees and costs incurred by CHARLEYS in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with CHARLEYS. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against CHARLEYS, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or CHARLEYS agree to class or collective procedures in arbitration or the joinder of claims in arbitration. CHARLEYS agrees that we will submit all disputes with you to arbitration before the Arbitrator.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms constitute the entire agreement between you and CHARLEYS and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and CHARLEYS with respect to the Services. Both you and CHARLEYS acknowledge and agree that no partnership is formed and neither you nor CHARLEYS has the power or the authority to obligate or bind the other.
The failure of CHARLEYS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of CHARLEYS to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of CHARLEYS shall not be deemed a breach of this agreement. If CHARLEYS fails to act with respect to your breach or anyone else’s breach on any occasion, CHARLEYS is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and CHARLEYS, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and CHARLEYS regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and CHARLEYS regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
At Charleys, your satisfaction is our number one priority. If you aren't satisfied, then neither are we. If for any reason you are dissatisfied with your order, please contact us within 48 hours of receipt of your order for assistance at email@example.com.
Contest Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who participate in the [Charleys Social Media] contest and who are [16 years of age or older] as of the date of entry. The Campaign is only open to legal residents of [United States of America] and is void where prohibited by law. Employees of [Gosh Enterprises Inc.], its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of [Gosh Enterprises Inc] as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on [Directly after the contest post is publicly posted] and ending [Once a winner is selected by Gosh Enterprises Inc].
4. How to Enter: The Campaign must be entered by submitting an entry on the contest social post. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of [Gosh Enterprises Inc]. You may enter only once.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive [listed prize as described in contest post]. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by [Gosh Enterprises Inc No cash or other prize substitution shall be permitted except at [Gosh Enterprises Inc] discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for [Gosh Enterprises Inc] to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
7. Winner Selection and Notification: Winner will be selected by [a random selection] under the supervision of [Gosh Enterprises Inc]. Winner will be notified by [a comment on the contest post] within five (5) days following selection of Winner. [Gosh Enterprises Inc] shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within [5 days] from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT [Gosh Enterprises Inc]‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that [Gosh Enterprises Inc], anyone acting on behalf of [Gosh Enterprises Inc], and [Gosh Enterprises Inc]’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of [Gosh Enterprises Inc]. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless [Gosh Enterprises Inc] from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which [Gosh Enterprises Inc] may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: [Gosh Enterprises Inc] reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond [Gosh Enterprises Inc]’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, [Gosh Enterprises Inc] may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by [Gosh Enterprises Inc]. [Gosh Enterprises Inc] reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. [Gosh Enterprises Inc] has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, [Gosh Enterprises Inc] reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless [Gosh Enterprises Inc]and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF [United States] AND [Ohio], WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in [Ohio] having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Last updated July, 2019
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or our mobile application, or when you choose to participate in various activities related to the Site and our mobile application, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and our mobile application.
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Upon your consent, the Site and our mobile application may access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
Data From Social Networks
User information from social networking sites, such as Facebook, Google+, Instagram, Pinterest, Twitter, etc., including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.
Mobile Device Data
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
Mobile Application Information
If you connect using our mobile application:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage, and other features (i.e., GPS/location). If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site or our mobile application to:
- Administer sweepstakes, promotions, and contests.
- Assist law enforcement and respond to subpoena.
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Create and manage your account.
- Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site and our mobile application to you.
- Email you regarding your account or order.
- Enable user-to-user communications.
- Fulfill and manage purchases, orders, payments, and other transactions related to the Site and our mobile application.
- Generate a personal profile about you to make future visits to the Site and our mobile application more personalized.
- Increase the efficiency and operation of the Site and our mobile application.
- Monitor and analyze usage and trends to improve your experience with the Site and our mobile application.
- Notify you of updates to the Site and our mobile application.
- Offer new products, services, mobile applications, and/or recommendations to you.
- Perform other business activities as needed.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Process payments and refunds.
- Request feedback and contact you about your use of the Site and our mobile application.
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- Send you a newsletter.
- Solicit support for the Site and our mobile application.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Interactions with Other Users
If you interact with other users of the Site and our mobile application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Site or our mobile applications, your posts may be viewed by all users and may be publicly distributed outside the Site and our mobile application in perpetuity.
We may use third-party advertising companies to serve ads when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
We may share your information with our business partners and/or franchisees to offer you certain products, services or promotions.
Our mobile application may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our mobile application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our mobile application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
Social Media Contacts
If you connect to the Site or our mobile application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
Cookies and Web Beacons
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
OPTIONS REGARDING YOUR INFORMATION
You may at any time review or change the information in your account or terminate your account by:
- Logging into your account settings and updating your account
- Contacting us using the contact information provided below
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
- Noting your preferences at the time you register your account with the Site or our mobile application
- Logging into your account settings and updating your preferences.
- Contacting us using the contact information provided below
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site or our mobile application, you have the right to request removal of unwanted data that you publicly post on the Site or our mobile application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site or our mobile application, but please be aware that the data may not be completely or comprehensively removed from our systems.
Gosh Enterprises, Inc.
2500 Farmers Drive, Suite 140
Columbus, OH 43235