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The Tempest Privacy Policy & Terms of Use

 

Effective Date of Current Policy: May 24, 2018

We at The Tempest respect your privacy and take it very seriously.

This Privacy Policy describes the policies and procedures of the Tempest Media In. (“The Tempest”, “we”, “our, or “us) on the collection, use, and disclosure of your information on http://thetempest.co (the “Site” or “our Site”), and any mobile applications, features, or content including our email newsletter (collectively with the Site, known as the “Services”) offered by us.

This privacy policy is to help you understand the kinds of information we may gather about you when you visit the Website or use any of its services, how we may use and disclose the information, and how you can control, correct and/or update the information.

When you access and use the Site or Services, you are expressly consenting that you have read, understood and agreed to the collection, transfer, storage, disclosure, and other uses of your information as described in this Privacy Policy.

Information We Collect:

The information and data we may process (i.e. collect, use and store) depends on your interaction with us.  When processing Information (as defined below), we will either rely on our legitimate need to perform under a contract to process your information, or you will be asked affirmatively consent to our collection and use of information in accordance with the terms and conditions of this Privacy Policy.

The information we collect is classified into two types of information; Personal information and Personal identifying information. Personal information is information that on its own may not be able to identify a person, but when used with another piece of information could help identify an individual (e.g., race, gender, age). Personal identifying information can be used to immediately identify an individual (e.g., Full name, Home address, Email address, Telephone number).

We receive information about you from various sources, including (i) your registration for our Services; (ii) your use of the Services generally, and (iii) third party website and services.

This privacy policy does not apply to the practices of third party website and services that you may access through our Services but we do not own/control, including but not limited to Facebook, Twitter and Instagram (“Third Party Services”). We do not take any responsibility for privacy policies of those third party services and encourage you to review the privacy policies of any third party services you choose to access.

We collect information from you in the following ways:

Information You Provide. We collect personal information that you voluntarily provide. For example, your name, contact information, and other personal information may be collected when you: sign up for our newsletters, join our Ambassador program, complete a survey, post a comment to an article, or participate in our social networking features.  The information you may be asked to provide may include your email address, your name, buying preferences, annual income, other demographic or profile information, Twitter, Facebook and other social media network usernames and aliases and other information you choose to submit.

User Content. This site welcomes contributions from users in connection with the service. In this policy, content provided by users is referred to as “User Content” and refers to user-generated material on the site including but not limited to, artwork, articles and comments. Any content you submit to the service can be retained by us indefinitely. Any content disclosed to third parties will not reveal any personal identifying information, as described in this privacy policy.

General Usage Information. We may gather usage information about Website users on an anonymous basis. Examples of such information include: amount of time spent on our site, pages viewed, websites users originated from and websites users visit after leaving our Website. This information helps us create a faster, efficient and more relevant website. We may also share aggregate and anonymous usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.

IP (Internet Protocol) Address Information and Other Information Collected Automatically. We and our service providers and advertisers may collect and share your location for personalization and marketing purposes using certain digital applications, wireless access protocol services (“WAP Services”) or mobile phone services. We, or the service provider, will obtain your prior consent to such collection to the extent required by applicable law. An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. We, or our service providers, may use your IP Address when you access the Website or use other means to assist with delivering geographically targeted advertisements. This information includes your IP address, unique device identifier, and cookie information. This information is used to fight spam/malware and facilitate the collection of data concerning your interaction with the Services (e.g., which links you have clicked upon).

Statistical information derived from Personal Information may be collected and stored in an aggregate form that cannot be tied back to you, your Account, or your web browser (“Aggregate Statistical Information”). However, we do collect statistical information that may be tied to your unique mobile device identifier, IP address, and geolocation information and thus may be tied back to you or your web browser (“Personally Identifiable Statistical Information”).

This type of data enables us and third parties authorized by us, to figure out how often individuals use parts of the Services so that we can analyze and improve them.

 Location data. We may collect geo-data, which tells us where you are when we collect other information about you. We may also collect the language option or country you choose. We may link location data to other information we have collected about you.

Transaction and financial data. We may collect or receive transactional and financial information relating to you when you buy something through our sites and apps (for example payment details) or because you have bought something from a third party after clicking on an affiliate link in our content.

Special category data. When we conduct research or carry out surveys we may collect sensitive personal data about you, for example information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation. We will not use or share this information without your explicit consent.

Other Information We Collect. We and other parties may also collect statistical information about your online activities over time and across third-party website or services. The information we collect provides statistics of the pages visited by you. We may use different technologies and features to collect this information, which may include tracking your activities through your Internet Protocol (IP) address, computer settings or most-recently visited URL.

We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.

We also use “cookies” and “web beacons” as well as other automated technologies. You can object to the creation of usage profiles at any time.

Information Related to Advertising and the Use of Web Beacons. To support and enhance the Services, we may serve advertisements through the Services, including but not limited to, our email newsletter. These advertisements are sometimes targeted and served to particular users.

Advertisements targeting users who fit a certain general profile category (e.g., “users in New York”), may be based on anonymous information inferred from information provided to us by a user, (i.e., Personal Information such as gender or age) or may be based on the Services usage patterns of particular users. We do not provide Personal Identifying Information to any third parties for use outside of the Services.

We may deliver a file (known as a “web beacon”) to you through the Services in order to increase the effectiveness of ad delivery. Web beacons allow us, through our third party ad server, to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Because your web browser must request these advertisements and web beacons from us via our third party ad servers, these ad servers can view, edit or set their own cookies, just as if you had requested a web page from their site.

Cookies and Targeted Advertising

We may use small pieces of information placed on your browser, known as “cookies”, to provide you with a more personal and interactive experience.

We may use cookies to determine what advertisements you see, control the sequence of advertisements and make sure you don’t see the same advertisement too many times. Cookies may used in the following circumstances:

  • To track the progress and number of entries in contests, sweepstakes and promotions
  • To ensure an individual does not vote more than once in polls or surveys
  • To gather information regarding the date and time of your visits, the information you searched and viewed, the email you opened or the advertisements you clicked.

Companies  The Tempest works with may also use cookies for understanding Web usage patterns of users who see advertisements on the Website. We do not store personal information in any cookies on your computer.

Cookies can be removed by following your Internet browser’s directions usually within the help menu. In order to use certain features of the Website, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Website may not work properly, and you may not be able to access the Website.

We believe that advertising is more interesting to you when it is relevant. Accordingly, we customize the advertisements that you see based upon: (i) geographic location information, which we may determine through your IP address or other ways; (ii) data we receive from third parties and/or; (iii) your visits on the Website or use of other services (commonly referred to as behavioral advertising or interest-based advertising). We may use your personal information to deliver customized advertising to you on this Website, on other websites and on other digital and offline media channels. We may use third-party vendors to connect information collected on the Website (such as IP addresses, geolocation, cookie-related data, and other information described above) with information collected from other websites, devices and media channels and then show you advertising based on this combined information. The advertisement may appear when you are visiting a different section of the Website or another website, device or media channel.

If you would like more information about behavioral advertising and to know your choices with respect to it, please visit http://www.aboutads.info/choices. Many vendors that engage in behavioral advertising participate in the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) and abide by NAI and/or DAA principles. If you wish to opt out of participating in advertising programs conducted by NAI and DAA members or learn more about the NAI and DAA, please go to the NAI Opt-Out website or DAA Ad Choice Page and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. If you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. If you use multiple browsers or devices, you will need to execute this opt-out on each browser or device.

Advertisers or other third parties on the Website may also engage in behavioral advertising and use cookies and web beacons in the manner described above. We do not control these advertisers or other parties’ use of cookies or web beacons or what they do with the information they collect.

We may use Facebook to deliver ads on the Website. Facebook may use information you share on Facebook and information gathered from your use of other websites and apps to delivery ads to you. To learn more about this type of advertising and your choices about it, visit https://www.facebook.com/about/ads.

Information We Receive From Third Parties. We may combine online and/or offline information received from third parties with the information we have already collected from you via our Website or services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services), to conduct research, and to enhance the content and advertising we provide to you.

How and To Whom is Your Information Shared

First and foremost, any information we share will be anonymous. We will never share your name, email address, or any other personally identifiable information acquired through our Services or through third-party services.

We take your privacy seriously and will not share your Information with others except in the following circumstances:

Our Group Entities: We may disclose your Information to other group entities that are affiliates and/or subsidiaries in order to provide you with tailored products, services and communications or in accordance with our internal policies or administrative or business practices.

Third Party Service Providers: We may share Information with carefully selected service providers who are working with us in connection with the operation of the Services. Third party services such as data analytics programs provide us with consumer information (i.e., kinds of products our readers like to buy, what part of the world they are in), and their basic demographic information. We only share anonymous statistical data taken from third-party services and information collected from the survey program, with potential and current business partners. We request that service providers maintain commercially reasonable standards of security and confidentiality and must agree to keep such Information secure and confidential in line with this Privacy Policy. Please note that we are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.  We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.

With Your Consent: We will obtain consent from you prior to enabling your use of any location-based services.  If you reside in the EU, we will obtain consent from you prior to sharing your Personal Information with third parties for their marketing purposes if we are unable to rely on our legitimate interests in doing so.

Pursuant to Law, Rule or Regulation: We may share or disclose your Information when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes.  Examples of these purposes include: to respond to requests from public, governmental, legal and regulatory authorities, to comply with court orders, to obtain legal remedies or limit our damages, to enforce this Privacy Policy or the Terms of Use, to protect against fraud or for risk management purposes, and to protect the rights, safety and/or property of you, our employees or others.

Corporate Transactions or Events:  We may disclose your Information in connection with, or during negotiations of, any merger, the sale of company assets, financing or acquisition, or in any other situation where Information may be disclosed or transferred as one of our business assets.

To Fulfill Your Requests:  If you elect to use certain authentication or sharing features available on the Sites or via the Services, we may use your Personal Information to fulfill your request to share content with or provide access to such third parties (e.g. Facebook, LinkedIn, or Twitter).

Some activity on and through the Service can be public by default. This includes user content posted through the Services.

Data Inclusion in Articles: We may also share tweets in articles that feature a trending hashtag. When we do this, we will mention you on Twitter, so you will always know if your tweet is being used. If you want your tweet removed from the article, please contact us at support@thetempest.co and we will remove it.

How Your Information Will Be Used: 

We may process your Information (depending on your interaction with us) for a variety of reasons that are permitted under data protection laws and in accordance with this Privacy Policy, which may include the below purposes.  Note that the legal bases outlined below are required to be included under EU data protection laws, but are not required to be included if you do not reside in the EU:

  1. To meet and fulfill our legitimate business interests, including:
    • To contact you regarding the administration of any features or functions of the Services
    • To market and promote the Services, including opportunities and functionality that we think would be of particular interest to you
    • To notify you, at our discretion, about changes to our Website or any products or services we offer or provide though it
    • To fulfill any other purpose for which you provide the information; for example, if you enter contests, we may use your email to notify that you won
    • To respond to your questions, comments, complaints, requests and  other communications
    • To track your return visits and use of the Services and to save your User Account, registration and profile data or other Information in order to tailor your experience with the Services, customize what you see when you use the Services, and save your credentials so you do not to have to re-enter such data each time you use the Services
    • To enable third party service providers to provide products, services or functions on our behalf or to help us to operate our business and the Website. Such service providers may include vendors and suppliers that provide us with technology, research, data analytics, ad serving, email services, payment processing, customer service, and/or marketing assistance
    • To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance
    • To grow our business
    • To get to know our potential and existing users, clients and customers
    • To develop new products and/or services, or personalize
    • To accumulate and report aggregate, statistical information in connection with the Services and user activity, or to provide reporting for internal and external clients, business partners, agents, Artists and their managers, etc
    • To determine which features and functionality of the Services users like best to help us operate the Services, enhance and improve the Services
  2. With your consent, including: 
    • To display advertising and marketing information based on your use of the Services and other websites, services and platforms you have used or visited
    • To provide information and marketing materials about our other products and services and the products and services of unaffiliated businesses
    • To provide personalized services offered by us on third-party websites and online services
  3. You can withdraw your consent at any time
  4.  To comply with our regulatory or legal obligations, to enforce our legal rights or comply with legal processes, including:
    • To detect and prevent fraud or infringement of our or any third party’s rights
    • To meet reporting requirements (e.g. filing tax forms)
    • To retain documents and information related to a legal action
    • To enforce the Terms of Use
    • To report data breaches or unauthorized access to the Service

You can unsubscribe from the program at any time, for more information refer to the “How To Opt Out” section of this Privacy Policy.

Social Networks and Social Media Integration

If you use your login credentials from a social networking site (e.g., Facebook, Twitter, Instagram, Pinterest) (“SNS”) on our Website, we may receive information from such SNS in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them. The SNS Terms of these SNS will apply to the information we disclose to them. Additionally, if you make an election with respect to a SNS while on our Website (for instance, if you elect to “follow” us on one of the SNS, or “Like” us on Facebook), your election will be reflected and may be shared with your social network within the applicable SNS. We reserve the right to use and disclose all personally identifiable information and other information about you that we receive through SNS in the same ways described in this privacy policy.

You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you through our Website. We are not responsible for any acts or omissions by any social media service provider or your use of features on their platforms

Our Affiliate Program

The Tempest.co is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to thetempest.co

Click here to read more about the Amazon Affiliate Program.

Information of Yours That You Can Access

If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.

Rights and Choices Regarding Information

Legal rights you may exercise over your personal data are briefly described below:

Right to request access. You have the right to ask for a copy of personal data we hold about you and to check we are dealing with it lawfully by asking for information about how we process it.

Right to request a correction. You have the right to ask us to correct incomplete or inaccurate information about you.

Right to withdraw consent. If we are processing your personal data on the basis of your consent, you can withdraw your consent at any time.

Right to Opt Out. At times, you may be presented with the option to “opt-in” to receiving certain push notifications, marketing and promotional communications or other information from us and others that we think will be of interest to you.
Recipients of such communications can unsubscribe or “opt-out” by following the specific instructions included in such communications.

You can unsubscribe from receiving our newsletter, survey program, or ambassador program at any time. To unsubscribe from our newsletter, you can click on the “Unsubscribe” link in the footer of our weekly newsletter emails and follow the instructions.

You can unsubscribe from The Ambassadors or the Brainstorm by sending an email to support@thetempest.co saying that you would no longer like to participate in the program.

Opting Out of Use of Certain Information That May be Collected by Tracking Technologies.

When you visit our Sites, use our Services, or visit a third-party website for which we provide online services, we and our business partners and vendors may use Tracking Technologies to recognize you as a repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and to mitigate risk, prevent potential fraud, and promote trust and safety across the Sites and the Services.  Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible.

If you are an EU citizen or reside in the EU, you may have certain additional rights with respect to the Personal Information you provided to us.  To the extent permitted by applicable data protection laws, you may:

  • Access, modify or erase  your Personal Information
  • Object, on grounds relating to your particular situation, at any time to the processing of your Personal Information if the legal ground we are relying on is our legitimate interest or in the public interest
  • Request that your Personal Information be erased if it is no longer necessary to be retained for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such Personal Information and we meet no other legitimate basis for such processing or it has been unlawfully processed
  • Restrict the processing of your Personal Information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it
  • Under certain circumstances, have your Personal Information transferred to another company
  • Withdraw any consents that you have previously provided to allow us to process your Personal Information
  • Stop receiving our marketing communications.  If you opt out of marketing emails you will continue to receive messages from us about your relationship with us where permitted by law

If you wish to exercise any of these rights please contact us at support@thetempest.co.

Retaining Your Personal Information

We access, retain, store and use Personal Information for the least amount of time necessary pursuant to our relationship with you (e.g. to provide you with or access to our products and services), in accordance with our data retention policies and applicable law.  We do not collect more Personal Information than is necessary to fulfill our obligations to you or at law or for the purposes stated in this Privacy Policy.

Complaints

You have the right to complain about data privacy matters to the Information Commissioner’s Office (www.ico.org.uk), or the relevant data protection regulator in your country of residence. We invite you to raise your concerns with us first, so that we can try to resolve them.

 Security

We maintain and have implemented security safeguards to protect the Personal Information submitted to and collected, used and stored by us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure – so we cannot guarantee its absolute security.

We are not responsible for protecting any Personal Information that we share with a third-party based on an account connection that you have authorized.  The Tempest will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a technical malfunction or a breach in security.

“Do Not Track”

Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services support Do Not Track requests.

Children Under 13 

We do not knowingly collect any personal information from children under thirteen. If you are under the age of 13 you are not eligible to use or provide any Personal information including names, email addresses, screen names to us on or through our Site, register for our Ambassador Program or Survey Program, or sign up for our Newsletter.

California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information, which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

The Tempest Media, Inc.
250 K St. NE
Washington, DC 20002

Choices You Have Regarding Your Information

You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. Also, you can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

Modifications

If we ever change anything in our Privacy Policy, there will be a notification on the Website. If you have provided us with your email address, we will send you an email informing you of the changes and provide you with a link to the updated Privacy Policy.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site.

Contacting Us

If you have any questions regarding our Privacy Policy, please contact us at support@thetempest.co.

Revision History

Title (Effective Date)
The Tempest Privacy Policy – Effective 1/31/18