Effective Date: May 17th, 2021
To review material modifications and clarifications
and their effective dates scroll to the bottom of the page.
LCP Media, LLC ("LCP") owns and operates this www.tourbuilder.com website business. All references to "we", "us", “our”, this "website" or this "site" shall be construed to mean LCP.
By using or navigating any of the Platforms or any portion of the Platforms, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or visit any of the Platforms or any portion of the Platforms.
Regarding Personal Data (defined below), if any modifications are materially less restrictive regarding our use or disclosure of the Personal Data previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
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
- For payment processing purposes
- To comply with the law
THE TYPES OF DATA WE COLLECT
"Personal Data" means data about a living individual who can be identified from those data (or from those data and other information either in our possession or likely to come into our possession).
Personal Data may include, but is not limited to:
- First name and last name
- Email address
- Phone number
- Business name and professional information
- Website URL
- Address, State, Province, ZIP/Postal code, City, including the addresses of the locations for which you create tours
- Any Personal Data you post on our website or Platform, including photos or videos you grant us access to or otherwise upload from your device(s) or from devices or cameras that you connect to a Platform
- Any Personal Data you post on a social media platform
- Data about how you use our website and Platforms
- Technical data such as your IP address, your login data, details about your browser, time zone and language settings and other technology on the device you use to access our website or Platforms
- Your marketing and communication preferences
- Any information that you directly provide to us whether through our contact form, over the phone, by email or otherwise
- Geo-location data. With your permission, our Platforms collect geo-location data from your mobile device and the device(s) you control through the Platform for purposes of creating your content or photo or video tours. You may disable this feature by adjusting the location settings on your mobile device or the device controlled by the Platform.
- Cookies and Usage Data
Passively or Automatically Collected Data ("Usage Data").
We may also collect information regarding how our Platforms are accessed and used. This Usage Data may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, operating system type, name, and version, the Platform pages that you visit and the Platform features that you use, the time and date of your visit or access to the Platform, the time spent on those pages or within a Platform, unique device identifiers and other diagnostic and crash report data. To help create your content or photo and video tours through the Platform, our Platforms will also collect telemetry, motion, compass (i.e., directional), pedometer, and related data from your mobile device or devices you connect to the Platform; for example, the Platform will collect data about how you move your mobile device or other devices (such as a camera) that you control through the Platforms in order to create the tour and provide tour viewers with direction and context when viewing the tours or content you create. HOW AND WHEN WE COLLECT DATA
Personal Data. We collect Personal Data on the public areas of our site and Platforms through forms, such as when you create an account with us or acquire products or services from us. We may collect publicly available Personal Data posted publicly with social media profile information.
Your Communications with Us. We collect your Personal Data on the site or Platforms if you complete any of our opt-in forms and/or participate in our follow-up.
Usage Data. We collect Usage Data as you use our Platforms, including your interactions with emails we send, and when you interact with us via social media platforms, and services of our marketing partners. This data may be passively or automatically collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies, web beacons, locally stored objects, and mobile device identifiers and SDKs, and other similar methodologies as well as similar technologies developed in the future. (See below, SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS.)
HOW WE USE YOUR DATA
We use your information, including your Personal Data, for the following purposes:
- Service Provisioning/Transactional Purposes:
- To provide our Platforms, services and other offerings to you.
- To communicate with you about your use of our Platforms or services; to facilitate your transactions, to fulfill your orders, to respond to your inquiries, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to provide personalized recommendations, help and instructions, and to otherwise personalize your experiences while visiting or using our Platforms or services.
- Marketing Communications: In accordance with applicable laws, we may use your information:
- To send you marketing communications about our Platforms, products, services and other offerings.
- To send you news, newsletters, and event information.
- To send you marketing communications about products and services of our affiliated entities.
- To send you marketing communications about products and services of other entities that we think may be of interest to you. If you are interested in these entities’ products and services, you may provide your information directly to the appropriate entity.
- Advertising and Promotions:
- To assist us in determining relevant advertising content and media (whether on the Platforms or on nonaffilaited websites and media) and to create lookalike and custom audiences for our advertising campaigns.
- To evaluate the success of our advertising campaigns (including our online and offline promotional campaigns).
- See also the Personalized Ads section discussed below for information about online advertising.
- Platform, Services and Product Improvement/Research:
- To update or improve our Platforms, products, or services, or to develop new offerings.
- To better understand how users access and use our Platforms, products, services, and other offerings, both on an aggregated and individualized basis. For example, we will evaluate which features of our Platforms are more (or least) used by users, and we will use this information to update or add new features to our Platforms. We may also use feedback provided by users or visitors to update our Platforms, products, or services or to develop new offerings.
- To administer surveys and questionnaires, such as for user engagement, market research or user satisfaction purposes.
- To create aggregated, anonymized, pseudonymized or de-identified data sets. We may use such data sets for any purpose, including product improvement and development, marketing, advertising, trend analysis and other purposes.
- Legal Purposes:
- To comply with legal obligations and act in accordance with legal authorizations, as part of our general business operations, and for other business administration purposes, including to comply with our legal and regulatory requirements, authenticating your identity, maintaining our records, to monitor your compliance with your agreements with us, to collect debts owed to us, to safeguard our business interests, and to manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or merger, as described below.
- For other purposes we may inform you about from time to time. Where required by applicable laws and regulations, we will obtain your consent if we wish to use your Personal Data for purposes requiring such consent.
RETENTION OF DATA
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.
TRANSFER OF DATA
We are located in the United States. Your submission of your Personal Data via this Platforms will transfer your Personal Data to us. We will not transfer your Personal Data outside the United States unless the transfer is made to a country or territory recognized by the EU as having an adequate level of data security, or is made with your consent, or is made to satisfy our legitimate interest regarding our contractual arrangements with our subscribers that have contracted for access and use of our online services.
DISCLOSURE OF DATA
General Disclosure Policy. We may share and disclose your Personal Data as described below.
Affiliated Entities. We may provide your Personal Data and Usage Data to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Service Providers. We may provide access to your Personal Data and Usage Data to our trusted service providers that assist us with the operation and maintenance of this site and our Platforms. For example, we may contract with third parties to host our servers, provide security, and optimization, analytics, reporting, and software maintenance and development services. In addition, our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.
Successors. If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Data and Usage Data.
Legal Process, Enforcement and Security Notice. We may disclose your Personal Data and Usage Data if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site or our Platforms.
Marketing Partners. We may share your Usage Data with our marketing partners to serve and offer personalized ads. We may share Personal Data with our marketing partners to correlate and match our list with our marketing partners' lists for purposes of creating an "audience" for serving personalized ads.
With Your Consent. We may share your Personal Data with other parties with your consent, including but not limited to instances where you integrate or link services provided by other entities (whether via API or otherwise) to the Platforms.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We will 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.
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 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 our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- 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.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.
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).
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
"Cookies" are tiny pieces of information stored by your browser on your device's hard drive. Cookies are also used to customize content based on your browser. Most browsers are initially set to accept cookies. If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies. Please remember, however, that cookies may be required to allow you to use certain features of our site and Platforms.
Flash Cookies - third party cookies that use an Adobe Flash Media Player local shared object (LSO) - may be used along with other third-party cookies for purposes of crediting any purchase you may make on this site or our Platforms to one of our joint venture partners that may have referred you to us. These cookies will be used for purposes of crediting sales to the referring joint venture marketing partner. Flash cookies are not the same as "browser cookies". The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie. Typically, you cannot control, delete, or disable the acceptance of Flash cookies through your web browser. For more information on Flash cookies, or to learn how to manage your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash cookies currently on your device, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash cookies.
Web Beacons (sometimes called single-pixel gifs or clear gifs) are used to assist in delivering cookies, and they allow us to count users who have visited pages of our Platforms. We may include Web Beacons in our e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
Locally Stored Objects – we may employ locally stored objects ("LSOs") and other client-side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember settings, preferences and usage similar to browser cookies, or in order to target or help our Partners target ads, analyze ad performance, or perform user, website or market analytics. For LSOs utilized by Adobe Flash you can access Flash management tools from Adobe's website: --> http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html . In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.
We may participate with our marketing partners for purposes of providing personalized ads based on your interests. This activity is performed by collecting Usage Data and by using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners which manage advertising activities.
AdWords (Google) - We may participate in AdWords program which is a personalized ad service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie. Information collected: cookie and Usage Data. For the opt-out, visit --> https://support.google.com/ads/answer/2662922?hl=en
Google Analytics for Display Advertising (Google) - We may participate in any and all of the following Google Analytics Advertising Features provided by Google: Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third-party cookie). Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the opt-out, visit --> https://support.google.com/ads/answer/2662922?hl=en You may opt-out of the Google Analytics service with the Google's Browser Add-on that's available at --> https://tools.google.com/dlpage/gaoptout
For information in general about Google's personalized ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google's advertising cookies for these campaigns, visit --> http://www.google.com/policies/technologies/ads/
For information regarding how Google uses data when you use Google's partners' sites or apps, visit --> http://www.google.com/policies/privacy/partners/
Custom Audience (Facebook). We may participate in Facebook.com's Custom Audience program which enables us to display personalized ads to persons on our email lists. We provide Personal Data such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook. You may opt-out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below. For your opt-out to be effective, you must: (i) place the following text in the subject line of the email - "Opting Out of Facebook.com Website Custom Audience Ads", and (ii) in the body of the email, include your name and email address. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
Tailored Audiences/Conversion Tracking Programs (Twitter). We may participate in Twitter.com's Tailored Audiences/Conversion Tracking Programs which enable us to display personalized ads. You may opt-out of participation in these programs by visiting https://support.twitter.com/articles/20170405 .
Other Personalized and Behavioral Advertising services. We may participate in additional retargeting and behavioral advertising services that will be similar to the services described above.
Managing Personalized Ads. You can control the placement of cookies and other data collection methodologies for purposes of opting out.
Managing Cookies Via Your Browser. You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third-party cookies or to indicate when a third-party cookie is being sent. However, disabling or limiting cookies may cause certain features of this website or our Platforms to not function properly or optimally. Check your browser's "Help" files or other similar resources to learn more about handling cookies on your browser. In addition, visit --> http://www.allaboutcookies.org/manage-cookies/
Managing Flash Cookies. Flash cookies, also called local shared objects (LSOs), function similarly to standard cookies except that they are often larger and are downloaded to a computer or mobile device by the Adobe Flash Player. In some cases, these Flash cookies can be managed through browser settings. Adobe also provides a means of controlling Flash cookies on its Flash Player: Setting Manager page.
Digital Advertising Alliance (DAA). DAA member advertising associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit DAA Consumer Opt-Out page --> http://www.aboutads.info/consumers .
Opting Out with Ad Choices for Mobile Devices. When using mobile applications you may receive personalized in-application advertisements. Depending on your device, you may be able to reset your mobile device's advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of personalized in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of these advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator. Mobile application users may also download the AppChoices tool to manage interest-based advertising on their mobile device.
We may participate with third party analytics partners to monitor and analyze Web traffic and to keep track of user behavior on this site and our Platforms.
DO NOT TRACK REQUESTS
Some Web browsers incorporate a "Do Not Track" feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to "Do Not Track" signals at this time.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Personal Data by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site or on our Platforms.
UPDATING PERSONAL DATA
Upon request, we will permit you to request or make changes or updates to your Personal Data for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Data in any account you establish with this site or on our Platforms for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian who has discovered that your child under the age of 18 has submitted his or her Personal Data without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under "Contact Us", and be sure to include in your message the same login information that your child submitted.
Your California Privacy Rights. Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to the email address provided in our contact information below and include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.
LCP Media, LLC
Attn: Privacy Officer
6601 N. Avondale, Ste 200
Chicago, IL 60631 USA
Email: [email protected]