September 5, 2021
PLEASE READ THIS POLICY CAREFULLY. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR PRIVACY PRACTICES, POLICIES AND PROCEDURES. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT ACCESS OR USE THIS WEBSITE.
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Christmas Is Not Cancelled, Inc. decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to ChristmasIsNotCancelled.com, and it governs any and all data collection and usage by us. Through the use of ChristmasIsNotCancelled.com, you are therefore consenting to the data collection procedures expressed in this Policy.
Please note, if you are registering for or participating in any of our Christmas is Not Cancelled sweepstakes, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such competition (collectively, the “Rules”). If this Policy conflicts with or is inconsistent with a statement in the Rules concerning your privacy, the terms of the Rules will take precedence.
Specifically, this Policy will inform you of the following
- What personally identifiable information is collected from you through our website;
- Why we collect personally identifiable information and the legal basis for such collection;
- How we use the collected information and with whom it may be shared;
- What choices are available to you regarding the use of your data; and
- The security procedures in place to protect the misuse of your information
Information We Collect
It is always up to you whether to disclose personally identifiable information (“PII”) to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
- Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
- Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, Christmas Is Not Cancelled, Inc. may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
Christmas Is Not Cancelled, Inc. may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public. Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy. (See Google Analytics, Beacons, and Cookies for more details)
Sweepstakes, contests and promotion information. You can participate in our sweepstakes, contests, and promotions as long as you meet eligibility requirements and comply with all applicable rules. As part of your participation, you will be required to provide us with PII, including your name, mailing address, e-mail address and other information in order to administer the promotion, notify winners, etc.
Mailing list information. You can opt to be added to our electronic mailing list. If you do so, you will be asked to provide us with your email address. Subscriptions to the mailing list can be cancelled at any time.
You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt-out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available via this link: https://tools.google.com/dlpage/gaoptout?hl=en.
Certain pages on the Website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.
When you visit and interact with our Website, and third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices used to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track web site visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Website or for other lawful purposes.
Do Not Track Notice
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request. Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties' responses to do-not-track signals or other such mechanisms. Third parties' use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
- To better understand your needs and provide you with the services you have requested;
- To fulfill our legitimate interest in improving our services and products;
- To send you promotional emails containing information we think you may like when we have your consent to do so;
- To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
- To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy. Use of Information Collected Christmas Is Not Cancelled, Inc. may collect and may make use of personal information to assist in.
Use of Information Collected
Christmas Is Not Cancelled, Inc. may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from ChristmasIsNotCancelled.com. In addition, we may aggregate the PII that you provide with the PII that other users provide in order to conduct research, analysis, or studies for our own purposes, including improving our services and future sweepstakes.
Christmas Is Not Cancelled, Inc. may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Christmas Is Not Cancelled, Inc. may feel it necessary, from time to time, to contact you on behalf of our other external business partners with regards to a potential new offer which may be of interest to you. If you consent or show interest in presented offers, then, at that time, specific identifiable information, such as name, email address and/or telephone number, may be shared with the third party.
Christmas Is Not Cancelled, Inc. may find it beneficial to all our customers to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services which you requested, and as such they are required, in accordance with this agreement, to maintain the strictest of confidentiality with regards to all your information.
Christmas Is Not Cancelled, Inc. uses various third-party social media features including but not limited to Twitter, Instagram, Facebook, Tik Tok, Pinterest, Spotify, Youtube, and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within the control of Christmas Is Not Cancelled, Inc.
Disclosure of Information
Christmas Is Not Cancelled, Inc. may not use or disclose the information provided by you except under the following circumstances:
- as necessary to provide services or products you have ordered;
- in other ways described in this Policy or to which you have otherwise consented;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
- as required by law, or in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to maintain, safeguard and preserve all the rights and property of Christmas Is Not Cancelled, Inc.
If Christmas Is Not Cancelled, Inc. becomes involved in a merger, acquisition, or any form of sale or transfer of some or all of its assets, your information will be transferred to the acquiring entity.
As a general rule, we only provide limited, Non-PII (e.g., the city, or the state, in which a device is located or information about your search or posting history) and not in conjunction with your name. However, for certain campaigns, we may provide third party advertisers with your email address which may be used by such companies to provide you with information about other products, services or companies.
Sharing Your Information with Prize Providers:
If you enter a sweepstakes, whether by making a purchase or using an alternate method of entry, you agree that we may share your name and contact information with any entity providing prizes for that sweepstakes, each of which may use your information for marketing purposes.
By entering into a sweepstakes, you grant us the right to disclose name, biographical information, pictures/portraits, video images, likenesses and/or voice to the general public if you are a sweepstakes winner. Though we have stated this here, we will likely ask you via email when you win to further respect your privacy.
Christmas Is Not Cancelled, Inc. greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Christmas Is Not Cancelled, Inc. products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
How Do We Protect Your Information?
We employ reasonable physical and administrative safeguards to protect your personal information. However, we cannot and will not insure the security of your information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Links to Other Websites
Our Website or our emails may link to a variety of third-party social media sites and/or websites – such as Facebook, Instagram, Tik Tok, Twitter, Pinterest, Spotify, Youtube, and others - as a service to you, and in order to provide you additional information and/or content related to the work that we do.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please use the unsubscribe button in the email you received. Please try that first. However, if that does not work, send an email saying that you wish to unsubscribe to elf@ChristmasisNotCancelled.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Christmas Is Not Cancelled, Inc. will continue to adhere to this Policy with respect to any personal information previously collected.
Children under the age of 13
Christmas Is Not Cancelled, Inc. website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
What if I Provide Information from Outside the United States?
Our Website is hosted in the United States and is governed by US law, and each Sweepstakes drawing takes place within the United States. Accordingly, by submitting any personal information to us or by entering our sweepstakes, you are transferring your personal information to the United States and you consent to such transfer. We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular geographic location. If you choose to access our Website, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. If you are visiting the Website from outside the United States, please be aware that your information will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.
Notice To European Union Area, Switzerland & United Kingdom Residents
This Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“the Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from users in the European Economic Area, the United Kingdom or Switzerland (the “EU Users”) to the United States including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation” or “GDPR”)) as of its entry into force on 25 May 2018.
Process To Submit A Request
To submit a verified request for your PII you may email us at elf@ChristmasisNotCancelled.com. Please include “GRPR” in the subject.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”). This California Privacy Statement (“CA Privacy Statement”) supplements the information contained in the Privacy Notice above and applies solely to visitors, users, and others who reside in the State of California (“CA Resident(s)”, “you” or “your”). Any terms defined in the CCPA have the same meaning when used in this CA Privacy Statement.
Your Rights and Choices
The CCPA provides CA Residents with specific rights regarding their Personal Information. The CCPA defines Personal Information as any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household” (hereinafter, “PII”). This CA Privacy Statement describes your CCPA rights in relation to our use of your PII, and explains how to exercise those rights.
Right to Know/Access.
As a California Resident, you have a right to know:
- The categories of PII we have collected, sold, or disclosed for business purposes about you;
- The categories of sources from which we collected your PII;
- The business or commercial purpose for collecting or sharing your PII;
- The categories of third parties with whom we have shared, sold, or disclosed for business purposes your PII; and
- The specific pieces of your PII we have collected.
As part of your “right of access”, you have the right to request that we provide your PII to you. Once we receive and confirm your “verifiable consumer request” (as described below) we will provide the PII we have collected and currently hold to you “in a portable and, to the extent technically feasible, in a readily usable format.
Right of Deletion
As a California Resident, you have a right to request that we delete the PII we have collected from or about you, subject to certain exceptions. Once we receive and confirm your verifiable request (as described below), we will delete (and ask our service providers to delete) your PII from our records, unless an exception applies.
Please note, 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 PII, 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 seq.).
- 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.
Process To Submit A Request
To submit a verified request for your PII you may email us at elf@ChristmasisNotCancelled.com
Verification; Verification Method
Only you - or a person registered with the California Secretary of State that you authorize to act on your behalf - may make a verifiable consumer request related to your PII. You may also make a verifiable consumer request on behalf of your minor child. In order to ensure we do not inadvertently delete your PII based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the PII requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you. Please note you may only make a verifiable request for access (and data portability) twice within a 12-month period. To be considered a verifiable consumer request, you must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PII 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 PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use PII provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
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.
Right to Opt-Out
As a California resident, you have the right to opt-out of the sale of your PII to third parties. To exercise this right, please click here.
Right of Non-Discrimination
You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, we will not discriminate against you in any way if you choose to exercise your rights under the CCPA. 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 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.
If you are a California resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on our Website. To make such a request, please send an email with a detailed description of the specific content or information to elf@ChristmasisNotCancelled.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.
Shine The Light
California Civil Code § 1798.83 permits you to request information regarding the disclosure of your PII by us to third parties for their direct marketing purposes. To make such a request, please send an email to elf@ChristmasisNotCancelled.com. Please be sure to include “California - Shine The Light Request” in the subject line.