Data Privacy Policy

February 22, 2024

This data privacy policy (“Policy”) describes how Icon Media Direct (“we”, “us”, or “our”) collects, uses, and shares personal information of users of our website, www.iconmediadirect.com (the “Site”), and our services (collectively, the “Services”). This Policy applies to visitors and users (individually, “you”) of our Services who may or may not reside in the State of California. We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and other applicable privacy laws. Any terms defined in the CCPA have the same meaning when used in this Policy.

 

Agreement to Terms

By using or accessing the Site or Services in any manner, you acknowledge that you accept the practices and policies outlined below and you agree that we will collect, use your personal information as described in this Policy. If you do not agree with the terms of this Policy you should immediately discontinue use of the Services without providing us with any personal information.

 

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

 

Category

 Examples Collected

A. Identifiers.

 A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

 A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

NO

C. Protected classification characteristics under California or federal law.

 Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

 Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

 Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

 Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

 Physical location or movements.

NO

H. Sensory data.

 Audio, electronic, visual, thermal, olfactory, or similar information. NO

I. Professional or employment-related information.

 Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

 Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

 

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or voluntarily send to us via email, SMS, or other form of digital transfer.
  • Indirectly from you. For example, from a cookie or pixel tracking method (with your consent, where required by law).
  • From the device or browser that you use to access the Services.

 

Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Cookies on our Site are generally divided into the following categories:

  • Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser.
  • Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). We use Google Analytics for part of this process. For more information about Google Analytics, please visit google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout.
  • Functional Cookies. These improve the functional performance of the Site and make it easier for you to use. For example, functional cookies can be used to remember that a user previously visited the Site and asked to remain logged into it. These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.

 

You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings”. If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of our Site, and you may, for example, be required to re-enter your log-in details.

Do-Not-Track Signals 

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To provide you with information, or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • To manage our relationship with you, provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To analyze use of the Site.
  • To help maintain the safety, security, and integrity of our Site, products and Services, databases and other technology assets, and business.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Children’s Privacy

The Services are not intended for users under the age of 16 and Icon Media Direct does not knowingly collect personal information from individuals under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Services without permission, please notify us immediately by contacting us as detailed in the Contact Information section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy.

 

Disclosures of Personal Information

  • We do not sell, share, or rent your personal information or other information you have shared with us. Only those with a business need have rights to view and use the data you have provided to fulfill your request or fulfill our contractual obligations with you.

Data Storage and Retention

We collect, store, and process your personal information on secure servers and cloud services, and we implement appropriate technical and organizational measures to safeguard it against unauthorized access, use, or disclosure. We encrypt your data using an AES256 cipher at rest and TLS 1.2 when in transit.

We retain your personal information only for the duration that is necessary to fulfill the purposes for which we collected it; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; or as otherwise required or permitted by applicable law. Upon the expiration of the retention period, we will either erase or anonymize your personal information, or, if this is not feasible (for instance, because your personal information has been stored in backup archives or further retention is required by applicable law), then we will securely store your personal information and prevent any further processing (other than as required for the continued storage of such data or processing that is required by applicable law) until erasure is possible.

We enforce the least privilege principle to ensure that access to sensitive data is restricted to only those individuals who require it to fulfill their job responsibilities. This policy aims to minimize the risk of unauthorized access, data breaches, and privacy violations.

Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guaranty the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for the disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

 

Rights and Choices for California Residents

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected or received from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Opting Out of the Sale of Your Personal Information 

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt out of future sales at any time.

To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following link: Do Not Sell My Personal Information.

Once you make an opt out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt out request to review and comply with the request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you with a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

How to Exercise Your Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Additional Disclosures for Residents of the European Union (EU) and the United Kingdom (UK)

This section provides additional information for residents of the EU and UK.

 

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Services, personal information will be processed in the United States, where laws regarding the processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission.

 

Legal Basis for Processing Your Personal Information

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the Use of Personal Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Services.

 

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

 

Your Rights

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

  • You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
  • Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
  • Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such information to comply with a legal obligation or to establish, exercise, or defend a legal claim.
  • Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
  • You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
  • Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to the further use or disclosure of your personal information for certain purposes, such as for direct marketing purposes.
  • Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent before the point in time when you withdraw your consent or processing of your information based on other legal bases.

 

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at privacy@iconmediaidrect.com with the subject line “EU Privacy” so that we can get your email to the right team. We will respond to your request consistent with applicable law.

 

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

  

Links to Other Websites

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site to provided increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.

 

Effective Date and Changes to Our Privacy Policy

This Policy is effective as of the date at the top of this policy. We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on our website and update the notice’s effective date. In the event of a material change to this Policy, we will provide a message through our website or via email informing you of the change. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this Policy, our data collection and processing practices, or your rights, you may contact us using the following details: