Privacy Policy

FINNMAX LLC (referred to in this Privacy Policy as the “Company,” “we,” “us,” or “our”) cares about the privacy of users of our website located at www.areyousmartercasting.com (the “Site”) and the services provided through the Site (the Site and these services constituting the “Service”). This Privacy Policy explains how we collect information from you when you visit or use the Service, how we use and disclose the information we collect from you, and your rights in relation to that information. By accessing, visiting or using the Service, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with any terms in this Privacy Policy, you must not use the Service. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use located at www.areyousmartercasting.com/terms.aspx.

1. Information Collected by the Company

A. Information You Directly and Voluntarily Provide to Us. If you are a visitor to the Service, we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services. You may also choose to provide your first and last name, age, email address, phone number and city and state of residence to us if you would like to receive additional information about the Company and the casting process for the Are You Smarter program (the “Program”). If you elect to apply to become a contestant on the Program, you will also be required to provide us with information as part of the contestant application. This information includes your first and last name, current home address, city and state where you grew up, home phone number, mobile phone number, email address, date of birth, height and weight, marital status, occupation, education information and other information that is relevant for us to determine whether you are qualified to be a contestant on the Program, including video and other audio-visual content (this content is referred to in this Privacy Policy as “Casting Content”).

B. Information Automatically Collected Through the Service. We may automatically collect information about you when you use the Service. For example, if you access the Service through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. If you access the Service through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

We may automatically collect information from you when you use the Service using “cookies”. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.

Information that may be collected by cookies when you use the Service may include, without limitation:

You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to use certain features of the Service.

C. Third Parties’ Use of Cookies and Web Beacons. The Service may include third-party advertising, links to other websites, and other content from third-party businesses. These third-parties may use cookies and web beacons to track the actions of users online over time and across different websites or platforms to deliver targeted electronic advertisements to an individual user. For information about how tracking works for online advertising purposes you can visit http://www.aboutads.info/choices. The Company does not have access to or control over web beacons or cookies that third party websites may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit. In addition, some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.

D. Do Not Track Requests. Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, the Company will not disable tracking technology that may be active on the Service in response to any “do not track” requests that we receive from your browser.

E. Information You Share Through Social Media Services. The Service may include links to third party social media services where you will be able to post comments, stories, reviews or other information. If you post any comments, reviews, photos or other information on our Facebook, Twitter or other social media pages, we may display those comments, reviews, photos or information on the Service. In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.

2. How We Use the Information We Collect. We use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service and our products and services to improve your experience. We may also use this information to contact and communicate with you and to respond to your communications and requests. If you provide your email address to us, we will use your email address for purposes of providing any notices required to be provided to you in connection with this Privacy Policy or the Terms of Use, as well as other notices required by law. We may also send you marketing emails with information and updates about the Company that we believe may be of interest to you. If you wish to opt-out of receiving marketing emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further marketing emails from us.

3. How We Share Your Information with Third Parties. We do not sell or rent user information we collect through the Service to any third parties for their own marketing purposes. In the event the Company wants to sell or rent your information to third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications.

A. Program Sponsors. We will share your information with third parties who help to support, implement and promote the Program including NBC and its affiliated companies. These third parties may collect information about you as you visit, use or otherwise interact with their platforms and may use that information in accordance with their own independent privacy practices, but these third parties will only be permitted to use the information that we provide to them about you for purposes of supporting, implementing and promoting the Program.

B. Public Promotion of the Program. We may publicly share your name and biographical information, as well as any photographs or videos you submit to us as part of your Casting Content, in connection with promoting the Program. For more information about the rights we have to use your Casting Content, please review the Video Submission Agreement located at AreYouSmarterCasting.com.

C. Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf.

D. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

E. Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Service to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

F. Aggregate Information. We may share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.

G. Our Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us. We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information.

4. Children Under Age 13. The Service is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian. We do not knowingly collect or distribute personal information from or about children under the age of 13.

5. Security. We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.

6. Amendments to this Privacy Policy. We will notify you of changes to this Privacy Policy by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of material changes to this Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified privacy policy takes effect. If you continue using the Service after the modified privacy policy takes effect, you will be bound by the modified privacy policy.

7. Use of Information Outside Your Country of Residence. The Service is directed to users located in the United States. If you are located outside of the United States and you choose to use the Service or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States. Your use of the Service represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Service.

8. Special Notice to California Residents. Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any users of the Service who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties, including our corporate affiliates, for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information that we shared, and the names and addresses of the third parties and affiliates with which we shared your information. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: 10351 Santa Monica Boulevard, Suite 250, Los Angeles, California 90025 Attn: Are You Smarter Casting or by email at smarterthancasting@gmail.com. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty (30) days for a response.

9. How to Contact Us. Please also feel free to contact us at smarterthancasting@gmail.com if you have any questions about this Privacy Policy.