We know how important privacy is, so here is our policy for the whole world to see

Don Jagoda Associates, Inc. Privacy Policy
(AMENDED 2/6/2019)

Don Jagoda Associates, Inc. (“We “, “Us”) has created this policy in order to demonstrate our commitment to privacy. This policy discloses our information gathering and dissemination practices for this website, www.dja.com and for our company in serving our clients. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

As a full service promotion marketing agency, we operate Sweepstakes, Contests and other promotions on behalf of our clients. As part of those services, we receive, collect and process personally identifiable information of consumers on behalf of our clients by use of both online and offline technologies. Such uses may include notification of potential winners and fulfillment of prizes. We strictly limit access to all personally identifiable information within our company, and data is never shared outside of the company for any reason whatsoever (except for our client, appropriate governmental or legal requests). Personally identifiable information collected by us on behalf of a client belongs solely to the client and will be used solely in accordance with that particular client’s Privacy Policy. An individual’s desire to “opt-out” of receiving marketing or other information from a client will be handled in accordance with a particular client’s Privacy Policy and should be directed to that client or Sponsor of the Promotion.

Information We Collect and Use
Visitors to our web site and the Promotion web sites built on behalf of our clients have the option of giving us contact information and other personally identifiable information, such as their name and email address. This information is used by us to enter the visitor in a Promotion, provide information, assess the needs of a business to determine suitable products and select and contact potential winners and other site visitors via phone, fax, email and regular mail.

When we receive, collect and process consumers’ personally identifiable information on behalf of our clients when we administer their promotions, we may also require sensitive information, such as social security number or date of birth. Consumers provide this information in a variety of methods, depending on the particular promotion. We only use this personally identifiable information to operate the sweepstakes or other promotion for our client, in order to select winners, award prizes or for other purposes of the promotion. We do not use the information for any other purpose. We maintain the information only for so long as necessary to verify and conduct the promotion and to provide redundancy for our clients. We do not provide this information to any entity other than our client and others involved in the operation of the promotion. Our clients’ privacy policies govern the use of these data and they remain their property. Any exceptions to these procedures will be announced in the promotion for which the change is made.

It is our policy to retain client data, including personal data necessary for the selection, notification and awarding of prizes in promotions and any tax forms that are legally required to be completed for awarding those prizes, for only as long as legally required or as requested by the client, whichever is longer. No personal data is collected other than that required to select, notify and award a prize winner per applicable law. All physical documents are shredded and disposed of. All electronic data is deleted and removed from all electronic devices including backups on a regular basis. All requests from clients for data to be retained longer than legally required or transferred to them or another vendor must be made in writing and in advance.

We also collect certain information, not personally identifiable, on our website and in connection with administration of promotions. We may collect information about your computer configuration such as your browser type, operating system, or ISP domain name. We may collect information about the site you last visited prior to the Promotion or about your activity during your visit to the Promotion site. We may also offer social sign-on services that allow you to register for a promotion using a third-party social networking site such as Facebook, Instagram, Google or Twitter. By using these services you allow us to access the available information from your third-party social network profile such as your name, age, gender, location, email address and list of friends. This information may be used by us to administer the technical and operational aspects of the site, and may include using your IP address to help diagnose problems with our server. Your IP address may also be used to gather broad demographic information for aggregate use. This enables us to safeguard the promotion and diagnose problems in the operation of a promotion.

We may also use cookies. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A session cookie might be used to track a user through a multi-page registration process so they would not have to reenter information multiple times during the registration process. A persistent cookie remains on your hard drive for an extended period of time. For example, we may set a persistent cookie for a day to prevent a user from returning to a site and trying to enter a Sweepstakes more than once a day. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. Each browser has a function that enables the user to disable cookies if so desired, but in that case, the participant may not be able to participate fully in a promotion, and certain aspects of our site may be limited. We also gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, track users’ movements and to gather demographic information about the user base of both our client’s promotions and our website. We do not link this automatically-collected data to personally identifiable information.

In addition to our own methods of anonymous data collection, our clients may use other types of tracking technologies. Unless otherwise stated, the use of cookies and other tracking technologies by our clients for the purpose of administering a promotion is not covered by our privacy policy. We do not have access or control over these cookies.

We do not support Do Not Track browser settings and do not participate in any Do Not Track frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal information.

Compliance with GDPR:
To those of you in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable regulations. We collect and use your information only when you give us consent to do so.

If you consented to use of information about you for a specific purpose, such as a Promotion entry, you have the right to change your mind at any time but this will not affect processing that has already taken place. You have the right to object to that use although this may mean no longer participating in a Promotion. If we are unable to manage your participation in a Promotion without the personal data provided (such as registration information), you will no longer be able to participate in the applicable Promotion.

We use data hosting service providers in the United States to host and store the information we collect, and we use various technical measures to secure your data.

We keep personal data and other information we collect about Promotion participants for as long as we need to in order to fulfill our services. After such time, we will delete the information or, if this is not possible, we will securely store your information and isolate it from further use until deletion is possible.

We act as a data processor on behalf of our clients. Each of our clients is the data controller for the data they collect in the applicable Promotion and is the sole owner of that data. Individuals have the right to access the personal data processed about them, subject to applicable law. Individuals may request to access their personal data processed by us by emailing us at information@dja.com. If we collect your personal data on behalf of a client in connection with that client’s Promotion, your request should be directed to the client data controller. In most cases, we will direct your request to our client, the data controller. You have certain choices available to you when it comes to your information. Subject to applicable law, you may have some or all of the following rights available to you in respect of your personal data:

  • to obtain a copy of your personal data together with information about how and on what basis that personal data is processed;
  • to rectify inaccurate personal data (including the right to have incomplete personal data completed);
  • to erase your personal data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed);
  • to restrict processing of your personal data under certain circumstances
  • to port your data in machine-readable format to a third party (or to you) when we justify our processing on the basis of your consent or the performance of a contract with you;
  • to withdraw your consent to our processing of your personal data (where that processing is based on your consent); and
  • to obtain, or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization.

In relation to these rights, you may contact us at information@dja.com

If you contact us regarding personal data collected in connection with a client Promotion for which we are a data processor, we will attempt to refer your request to the relevant client, which is the sponsor of the Promotion and the data controller. We are not responsible for responding to your request on behalf of the data controller and your request will be directed to the client only. We will process such requests only upon instructions from the data controller that is sponsoring the Promotion.

If we are required to respond directly to your request, we may require proof of identity. We also reserve the right to charge a fee where permitted by law, especially if your request appears unfounded, excessive, or abusive. We will use reasonable efforts to respond to your request within all applicable timeframes.

Privacy Shield
We comply with the EU-U.S. and Swiss- U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, visit https://www.privacyshield.gov/. In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact our data security team at information@dja.com. In any matters relating to the Privacy Shield Frameworks, we are subject to the investigatory and enforcement powers of the Federal Trade Commission. Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. If we fail to address your data privacy concerns via the contact information above, we have contracted JAMS (https://www.jamsadr.com/eu-us-privacy-shield), a dispute resolution provider based in the US, as our independent dispute recourse provider. This recourse provider is available to address privacy complaints and provide appropriate recourse free of charge to the individual filing a privacy related complaint against us. We will comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

Your California Privacy Rights (California Civil Code Section 1798.83)
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

Your Access and Choices Regarding Your Data
Upon request you may view and have inaccuracies corrected in contact information or other personally identifiable information, by sending us an e-mail to: information@dja.com with “Contact Correction” written in the subject line and the correct information written in the body of the email, or you may mail us your request to the address below. We will respond to your request to access within 30 days.

If you have provided us with contact information or other personally identifiable information and do not want to receive e-mail from us in the future and wish to delete such information, please let us know by sending an e-mail to information@dja.com with “Remove from List” written in the subject line, or you may mail us your request to the address below.

When you provide personal information to us through our website, we will retain your information as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Children’s Privacy
We abide by the Children’s Online Privacy Protection Act (“COPPA”). We will not knowingly allow anyone under 13 to provide to us, or to any of our clients on their behalf, any personally identifiable information.

Sharing your Information with others
We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information: as required by law, such as to comply with a subpoena, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; to any other third party with your prior consent to do so.

Security
The security of your personal information and our Client’s information is important to us. When sensitive information (such as a social security number) is entered in our promotion and sweepstakes forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at: information@dja.com

Other Privacy Information
Our Site includes links to other Web sites and we may develop Web sites on behalf of our Clients whose privacy practices may differ from those of ours. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Our Web site also includes Social Media Features such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Our Web site offers a publicly accessible blog. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at information@dja.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Changes to This Privacy Policy
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses. The changes will also be noted in revisions to this privacy policy.

Contact Us
If you have any questions about this privacy policy, the practices of this site or our company, or your dealings with this website, you can contact:
Privacy Officer
Don Jagoda Associates, Inc.
100 Marcus Drive
Melville, NY 11747