Privacy Policy

Updated: 9/3/2024

Privacy Policy

800 Pound Gorilla Media, LLC (“us”, “we”, or “our”) operates the www.800poundgorillamedia.com website (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

 

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

 

  1. Definitions

 

  • Service: www.800poundgorillamedia.com website operated by 800 Pound Gorilla Media, LLC

 

  • Personal Data: information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Data does not include information that is publicly available, de-identified, or aggregated.

 

  • Usage Data: data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

  • Cookies: small pieces of data stored on your device (computer or mobile device).

 

  • Data Controller: the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

 

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

 

  • Data Processors (or Service Providers): any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

 

  • Data Subject (or User): any living individual who is using our Service and is the subject of Personal Data.

 

  1. Information Collection and Use

 

We collect several different types of information for various purposes to provide and improve our Service to you.

 

  • Types of Data Collected:

 

  1. Personal Data: While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:
    • Email address
    • First name and last name
    • Cookies and Usage Data

 

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

 

  1. Usage Data
    We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

 

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

 

  1. Location Data
    We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service and/or to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.

 

  1. Tracking & Cookies Data
    We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

 

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

 

  • Examples of Cookies we use:
    • Session Cookies. We use Session Cookies to operate our Service.
    • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
    • Security Cookies. We use Security Cookies for security purposes.
    • Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

 

2.2             Use of Data

 

We use your personal data for various purposes (reasons) and our lawful bases (justifications) for using your Personal Data is either “to provide a requested service or carry out a contract with you;” “where we have a legal obligation;” “where you have given us your consent;” or “where it is necessary for our legitimate interests” (this means that we have a business or commercial interest in using your personal data).

 

The tables below set out clearly how we collect and use your Personal Data and the lawful bases (reasons) we rely on for using your Personal Data. Where we have said that using or keeping your information is “necessary for our legitimate interests,” we have carried out an assessment to ensure this is not unfair to you. Please note that each heading in the “How we use your information and our lawful bases” column of the table below refers to the different lawful basis we rely on for using your Personal Data.

 

Please bear in mind that if you choose not to provide information requested by us, or if you object to our use of your Personal Data where we have made it clear that this information is mandatory, we may not be able to provide you with the services you have requested or otherwise fulfill the purpose(s) for which we have asked for your Personal Data.

 

Online Accounts and Purchases

Information we collect

How we use your information and our lawful bases

User Account

 

You give us Personal Data about you when you register for an online account on our Service. This is generally information including your name and email address.

 

When you complete your account information after registration and use your account, you give us additional information about you. This is generally Personal Data including your address details (shipping address and billing address), contents of your shopping cart, order history, preferred payment details (e.g., credit/debit card/PayPal) and marketing preferences.

Provide a requested service/carry out a contract with you

·      To register your account and provide you with account functionality on our Service, such as arranging access to your account, maintaining your account, and providing you with related customer service.

·      To send you administrative information, including information regarding our Service and changes to our terms, conditions, and policies.

 

Purchases/Orders

 

You give us Personal Data about you when you place an order on our Service. This is generally information including the contents of your shopping cart, your name, email address, telephone number, shipping address, delivery preferences, and payment details (e.g., credit/debit card/PayPal).

Provide a requested service/carry out a contract with you

·      To complete and fulfill your purchases on our Service, including processing your payments, sending you updates on your order, and having your order delivered to you.

·      To send you administrative information, including information regarding our Service and changes to our terms, conditions, and policies.

Comply with a legal obligation

·      To comply with any relevant consumer laws in relation to purchases you make, including regarding giving you certain information and issuing replacements, credits, or refunds (if applicable).

Customer Service Support

 

You give us Personal Data about you when you contact us in relation to an order or support request you have made on our Service. This is generally information including your name, email address, payment details, order details (including shipping and delivery preferences) and details of your enquiry or query.

Provide a requested service/carry out a contract with you

·      To communicate with you regarding purchases you have made on our Service and provide you with related customer service.

·      To detect, prevent, and address technical issues

  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

 

2.3             Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

 

If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

 

We may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it’s not overridden by your rights
  • To comply with the law

 

2.4             Retention of Data

 

We will retain your Personal Data only for as long as is necessary or permitted for the purposes set out in this Privacy Policy and consistent with applicable law.

 

The criteria we use to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide our Services to you (for example, for as long as you have an account with us or keep using the platform);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period before we can delete them);
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations); and
  • Any guidelines issued by relevant legal and data protection authorities.

 

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 

 

2.5             Transfer of Data

 

Your information, including Personal Data, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

 

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

2.6             Disclosure of Data

 

We hereby comply with Title 18 of the United States Code Section 2710 and accordingly do not knowingly disclose any of your Personal Data unless it is permitted under the Code.

 

  1. Business or Commercial Purposes

 

  • If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy;
  • Performing services (including possessing, maintaining, or collecting Personal Data) on our behalf related to the operation of our business and/or the services (e.g., communications, processing payments, supporting our website and mobile apps, storing data, providing analytics, supporting our marketing and advertising, or otherwise helping us to operate our business);
  • Auditing related to ad impressions;
  • Ensuring security and integrity of Personal Data;
  • Providing advertising or marketing;
  • Undertaking internal research for technological development and demonstration;
  • Undertaking activities to verify or maintain the quality or safety of our services;
  • For safety and security; and
  • Detecting, protecting against, or addressing malicious, deceptive, fraudulent, or illegal activity.

 

  1. Disclosure for Law Enforcement
    Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

 

  1. Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation or if required to do so by law:

  • To protect and defend the rights or property of 800 Pound Gorilla Media, LLC
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

  1. Pursuant to permitted disclosures under Title 18 of the United States Code § 2710.

 

2.7             Security of Data

 

The security of your data is important to us, however, remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

 

  1. “Do Not Track” Signals

 

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

 

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

  1. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

 

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

 

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

 

  1. In certain circumstances, you have the following data protection rights:
  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

 

  • The right to be informed. You have the right to be provided with clear, transparent, and easily understandable information about how we use your personal information and your rights. This is why we are providing you with the information in this Privacy Policy.

 

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

 

  • The right to object. You have the right to object to the use of your Personal Data in some circumstances, such as where we don’t have to process your Personal Data to meet a contractual or other legal obligation. For example, you may object to the use of your Personal Data for direct marketing purposes. We can still store your Personal Data, but we can no longer use it in the way that you have asked us not to.

 

  • The right of restriction. You have the right to request that we restrict the processing of your personal information. When processing is restricted, we can still store your Personal Data, but may not use it further.

 

  • The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your Personal Data where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.

 

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format and to request that this data is transmitted to another controller where this is technically feasible. This right only applies to Personal Data you have provided to us yourself (not any other information), that we process by automated means based on your consent or for the performance of a contract with you.

 

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

 

  • The right not to be subject to a decision based solely on automated processing, including profiling. You have the right not to have your Personal Data used to make solely automated decisions about you that impact you. For example, you have the right not to have your Personal Data used to create a profile of you that automated decisions are later based on without there being any human involvement in that processing.

 

  • Please note that we may ask you to verify your identity before responding to such requests.

 

  • You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

 

  1. Service Providers

 

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

 

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

  1. Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service, such as, without limitation, Google Analytics. These analytics services may use cookies and other tracking technologies to help us analyze users and how they interact with the Service. Information generated by these services (e.g., your IP address and other usage information) may be transmitted to and stored by analytics providers for purposes such as evaluating your use of the service, compiling statistical reports on the service’s activity, and providing other services relating to Service activity and other internet usage.

 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

 

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/


  1. Advertising

 

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

 

  1. Google AdSense & DoubleClick Cookie

 

Google, as a third-party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.

 

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

 

This Site is affiliated with CMI Marketing, Inc., d/b/a Raptive (“Raptive”) for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, click here: https://raptive.com/creator-advertising-privacy-statement/

 


  1. Links To Other Sites

 

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

  1. Children’s Privacy

 

Our Service does not address anyone under the age of 18 (“Children”).

 

We do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

 

 

  1. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

 

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

  1. Additional Information for California Residents

 

In addition to the information provided above regarding the categories, sources, uses, and sharing of personal information we collect, we are providing the following additional information to California residents consistent with applicable law.  

 

We collect the information described above (including identifiers, commercial information, internet or other electronic network activity, and geolocation data) from fans and consumers, artists, business partners, other applications (e.g., social networks), advertising networks and digital service providers.  We may use this information for any of the business purposes described above.  We may also share this information with the following categories of third parties: 800 Pound Gorilla Media, LLC and affiliated companies, artists, advertising networks, digital service providers and other business partners for such business purposes. 

 

In addition to the sources and categories of third parties mentioned above, we also may share this information with law enforcement and professional service companies for the limited purposes of addressing our compliance and legal obligations and exercising our legal rights.

 

California Consumer Rights

Subject to certain exceptions, California residents have the following rights: (i) Access and portability.  Upon a verifiable request, California residents can request access to specific pieces of personal information that we collect, use, disclose or sell and information about our data practices; (ii) Deletion.  Request deletion of your personal information; and (iii) Opt out of sharing with third parties for certain commercial purposes. To the extent permitted by applicable law, we may be required to retain some of your personal information, and certain personal information is strictly necessary in order for us to fulfill the purposes described in this Privacy Policy.

 

Do Not Sell My Personal Information

 

We do not sell your personal information to third parties for money.  However, we share personal information with other companies and service providers in compliance with the law in order to deliver more meaningful ads and other communications to consumers, and for other similar reasons provided in this policy. 

 

California residents have the right to opt-out of this information sharing.  If you wish to exercise this right, please click here.  To the extent that you elect to designate an authorized agent to make a request on your behalf, they must select “An Authorized Representative” on the form.  We will not share the personal information of California minors who are under the age of 16 with third parties for commercial purposes without affirmative consent, which can be provided at the point of data collection.

 

Exercising other California Consumer Rights

If you are a California resident and wish to exercise any of these rights, please: contact us here with the specific nature of your request, referencing “Your California Privacy Rights”.  When submitting your request, you must affirm that you are a California resident or an authorized representative for a California resident.  Authorized agents must be registered with the California Secretary of State, and the consumer must designate the authorized agent by providing the authorized agent with a valid power of attorney or written permission to act for the consumer.  All requests should be properly labelled and contain all the necessary information.  You may be asked to provide additional proof of identification so that we can verify your identity and validate the request.  Please note that you are limited by law in the number of requests you may submit per year.  We will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon you exercising your rights under the CCPA. 

 

California “Shine the Light”

If you are a California resident, California Civil Code Section 1798.83 provides you the right to receive (a) information identifying any third party(ies) to whom we may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed.  To obtain such information free of charge, please write to us at the address below, or submit your request here. We will respond to these requests within thirty (30) days.  Requests that come to us by other means may result in a delayed response.

 

  1. Privacy Rights for Consumers in Covered States other than California

 

If you are a consumer who lives in Colorado, Connecticut, Virginia, or Utah (the “Covered States”), you have the right to submit certain requests relating to your Personal Data as described below. Please contact us to submit requests for deletion, access, correction or appeals, or to opt out of targeted advertising. Please note that we may need to authenticate your identify before your request can be processed. For authentication, you may be asked to log into your account or to provide certain Personal Data that we will match against our records.

 

  1. Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and our purpose for processing it.

 

  1. Right to Delete. You have the right to request that we delete your Personal Data, subject to certain exceptions.

 

  1. Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Data, to access your Personal Data, and to obtain a copy of your Personal Data you provided to us in a portable format.

 

  1. Right to Opt Out. You have the right to opt out of the following uses of your Personal Data: (a) targeted advertising; (b) the sale of Personal Data; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not sell Personal Data for money and do not profile individuals in furtherance of decisions that produce legal or similarly significant effects under applicable state privacy laws.

 

  1. Right to Appeal. Sometimes we are unable to process requests relating to your Personal Data, in which case, your request will be denied. If you are a resident of a Covered State whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request.

 

Information for Nevada Residents. Nevada law provides residents the right to opt out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, telephone number, email address, and other information through which a person may be contacted. Our uses of your covered information are not sales under Nevada law. If you would like to receive notice by email in the event we should engage in “sales” of covered information under Nevada law in the future, please contact us using the contact information provided below.

 

  1. International Transfer

 

We are based in the United States. If you are using our Service outside the United States, please be aware that information we obtain about you may be transferred to and processed in the United States or other jurisdictions outside your own, and may be accessed by the courts, law enforcement, and national authorities in those jurisdictions. By using our Service or otherwise providing your Personal Data to us, you acknowledge and consent to the international transfer and processing of your Personal Data as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your Personal Data transferred to the United States or other countries may be different from the laws in your country.

 

Contact Us

 

If you have any questions about this Privacy Policy, please contact us:

By email: info@800pgm.com
By mail: 2515 Cruzen St. · Nashville, TN · 37211