We may amend these Terms from time to time. If we do, we will publish the amended Terms on the Website. It is your responsibility to check the Website periodically for changes to these Terms. The date at the top of this webpage indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on the Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms, you'must not continue to use the Website after the date on which the amendments take effect.
Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner is and will be considered non-confidential and non-proprietary ("User Communications"). Pepperjam, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Pepperjam may, but is not obligated to, monitor or review any User Communications. Pepperjam shall have no obligations to use, return, review, or respond to any User Communications. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law. Pepperjam will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Pepperjam retains the right to remove any or all User Communications for any reason, including any material Pepperjam deems inappropriate or unacceptable.
Links to Other Web Sites
From time to time, this Web Site may contain links to other Web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Pepperjam nor any of its affiliates is responsible for any content, materials or other information located on or accessible from any such Web site. Neither Pepperjam nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do this entirely at your own risk.
Links to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without Pepperjam’s prior written permission is prohibited. Running or displaying this Web Site or any material displayed hereon from this Web Site in frames or through similar means on another Web site without Pepperjam's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws.
DISCLAIMER. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PEPPERJAM NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS WEB SITE. THE MATERIALS AND SERVICES AT THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PEPPERJAM NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE MATERIALS OR SERVICES AVAILABLE THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. LIMITATION OF LIABILITY. IN NO EVENT WILL PEPPERJAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAILPARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Applicable Laws; Jurisdiction
This Web Site is administered by Pepperjam from its offices in Wilkes Barre, Pennsylvania. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the Commonwealth of Pennsylvania, Luzerne County or the United States Middle District Court of Pennsylvania.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Pepperjam's designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Pepperjam site, with enough detail that we may find it on Pepperjam’s website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Pepperjam’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail Attn: Pepperjam Legal Department
7 South Main Street, 3rd Floor
Wilkes Barre, PA 18701
By phone: (877) 796 5700
By fax: (877) 554 3947
EFFECTIVE DATE: December 12, 2019
This is the Privacy Notice of Pepperjam LLC and our affiliates (collectively, “Pepperjam”). It describes our practices with respect to personal information about visitors to pepperjam.com (our “Site”) and about personnel of current and prospective Advertisers and Publishers. But first, a note about our service (the “Service”), which is not subject to this Privacy Notice.
Our Service helps our clients (“Advertisers”) find website and app publishers (“Publishers”) to display their advertisements, and it helps Advertisers compensate those Publishers when a user clicks on one of those ads and then makes a purchase. We handle personal information through the Service on behalf of specific Advertisers. We are contractually bound to use, disclose and retain any personal information our Service receives only on behalf of the Advertiser for whom we collect it.
Accordingly, under the GDPR and similar laws, we are considered the Advertiser’s “processor,” and the Advertiser is the “controller.” Similarly, under the California Consumer Privacy Act (CCPA), we are considered the Advertiser’s “service provider,” and the Advertiser is the “business.”
This means that the Advertisers will handle the personal information we collect pursuant to their own privacy policies, not this one. Their data practices vary, as is permitted by law. Individuals who wish to exercise any privacy rights they may have with respect to that personal information should contact the relevant Advertiser, not Pepperjam.
For those reasons, this Privacy Notice does not apply to our Service. However, for more information about Pepperjam’s data practices associated with our Service, please see this blog post.
1. What Information We Collect
You may provide the following types of information to us:
- Contact information, such as name, username, email address, phone number and address;
- Payment details, such as bank account number;
- Information about your interests and preferences;
- Details about your browser or device;
- Other information about your interactions with us.
You share some of that information with us using the information collection technology described below. We also may use that technology to collect information about you automatically.
We may also receive personal information from Advertisers, Publishers, other referral sources, and service providers, as well as from publicly available sources such as LinkedIn or company websites.
Cookies and other Information Collection Technology:
For example, in some cases, we assist with the collection of information by companies that provide advertising services to us. To learn more about interest-based advertising generally, or to opt out of targeted, interest-based ads by some of our current ad service partners, visit aboutads.info/choices from each browser you use.
You can opt out of Google Analytics and customize the Google Display Network ads by visiting the Google Ads Settings page from each browser. Google also allows you to install a Google Analytics Opt-out Browser Add-on for each browser.
If you replace, change, upgrade or reset your browser or device, or delete your cookies, you may need to use these opt-out tools again. We do not respond to browser-based do-not-track signals.
2. How We Use Personal Information
We use personal information:
- To facilitate our business relationships with Advertisers, Publishers, and others;
- To respond to questions, concerns, or customer service inquiries, and to otherwise fulfill individuals’ requests;
- To send information about our current and future Service offerings, including marketing communications by phone, email, online display advertising, and other channels;
- To analyze market conditions and use of our Service;
- To customize the content and advertising individuals see on our Site, across the Internet, and elsewhere;
- To enforce the legal terms that govern our business relationships;
- To detect and take measures against fraud, cybersecurity violations and other risks;
- To comply with law and legal process and protect rights, safety and property; and
- For other purposes requested or permitted by business partners or individuals, as appropriate.
We also may use personal information to create appropriately aggregated or anonymized data, which is not subject to this Privacy Notice, and which we may use or disclose for any purpose.
3. Protection of Information
Our security measures include various technological and physical safeguards. We urge you to use a unique password for our Service, to keep it in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to the Sites or your other use of the Service. However, no security method is perfect, and even if you take those steps, we cannot guarantee that any data will remain secure.
4. How Long We Keep Your Personal Information
In general, we will retain your information in identifiable form for the time necessary to realize our legitimate business purposes and to comply with the law. Information may persist in copies made for backup and business continuity purposes for longer than original copies.
5. Sharing Your Personal Information
We may share your information with third parties as follows:
- With Customers and Business Partners: To facilitate the working relationship between Advertisers and Publishers, we may sometime facilitate the exchange of information about their personnel.
- With Service Providers: We may share your information with companies that provide services to us, including, without limitation, facilitating some aspects of our Site or Service such as sending emails and fulfilling customer service requests.
- With Affiliates: We may share information with other members of our corporate family for the purpose described in this Privacy Notice.
- Legal Proceedings: We share information when we believe disclosure is appropriate due to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;
- Compliance: We share information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Service’ terms and conditions or other agreements or policies.
- Corporate Transactions: We may disclose your information as part of, or to take steps in anticipation of, a sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, a bankruptcy, or other significant corporate event.
If you would like to opt out of receiving promotional emails from Pepperjam, please contact email@example.com or follow the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as communications regarding Service you have requested.7. Use of Service by Children
Our Service are not directed at and should not be used by children under the age of 16. If we learn that we have collected the personal information of a child under the age of 16, we will delete it or take other steps if required under applicable law.8. Links to Third Party Web Sites
We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Notice are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as those of your country of residence. However, this Privacy Notice applies to Pepperjam’s operations worldwide.10. Legal Basis for Processing Personal Information
The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your personal information. To the extent those laws apply, our legal grounds for processing personal information are as follows:
- To honor our contractual commitments to an individual: Some of our processing of personal information is done to meet our contractual obligations to the individuals to whom the personal information relates, or to take steps at their request in anticipation of entering into a contract with them.
- Consent: Where required by law, and in some other cases, we process personal information on the basis of consent. For example, some of our direct marketing activities happen on the basis of opt-in consent, such as sending marketing emails to individuals who have requested them.
- Legal compliance: We need to use and disclose personal information in certain ways to comply with our legal obligations.
- Legitimate interests: In many cases, we handle personal information on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
- Customer support;
- Some marketing activities, including, in some cases, direct marketing such as via email;
- Protecting Advertisers, Publishers, personnel and property;
- Analyzing and improving our business and Service; and
- Managing legal issues.
We may also process personal information for the same legitimate interests of Advertisers, Publishers and other business partners.11. Your Choices and Rights
Depending on which laws apply to particular situations, in some cases residents of the European Economic Area and some other jurisdictions have certain additional legal rights to do some or all of the following with respect to personal information we handle:
- obtain confirmation of whether we hold personal information about them, and receive information about how it is used and disclosed;
- obtain a copy of the personal information, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it be transmitted to a third party in such form;
- update, correct or delete the information;
- object to the use or disclosure of the information;
- withdraw consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information); and
- obtain a restriction on the use of the information.
For example, individuals whose personal information is subject to the General Data Protection Regulation (GDPR) have a right to opt out of our handling of their personal information for direct marketing purposes.
Many of the rights described above are subject to limitations or exceptions under applicable law.
If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us as described at the end of this Privacy Notice. However, in cases where we handle personal information solely on behalf of an Advertiser, we may need to refer your request to the Advertiser, depending on our arrangement with them.
For Nevada Residents Only: Under a Nevada privacy law, certain Nevada residents may opt out of the “sale” (as defined in that law) of certain categories of information about them for monetary consideration to a person for that person to license or sell such information to additional persons. As of the effective date of this Privacy Notice, we do not engage in such “sales” of information covered by that law. However, if you are a qualifying Nevada resident, you may submit a request to opt out of future “sales” by us under that Nevada law by writing to us as described below. We reserve the right take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
12. Additional Detail for California Residents
This section applies only to “personal information” about California residents, as that term is defined in the California Consumer Privacy Act (“CCPA”), and it supplements the information in the rest of our Privacy Notice. Data about individuals who are not residents of California may be handled differently and is not subject to the same California rights described below. As with the rest of this Privacy Notice, this section does not apply to data that we handle solely on behalf of an Advertiser, even when such data is about a resident of California.
CCPA categories of California personal information
In earlier sections of this Privacy Notice, we describe the specific pieces of personal information we collect from and about California residents. This information generally falls into the following CCPA categories, to the extent that any of the following are personally identifiable: identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as payment information); categories of personal information described in California Civil Code 1798.80(e); internet or other network or device activity (such as browsing history or app usage); data from which we make inferences about your interests and preferences; professional or employment related data (like title); and other information that identifies or can be reasonably associated with you.
CCPA description of uses of California personal information
In CCPA terms, we and our service providers use and disclose (and in the past 12 months have used and disclosed) all of the categories of California personal information that we collect for the purposes described in this Privacy Notice, though some uses were more indirect than others. The extent to which our service providers engage in the uses and disclosures described above varies from provider to provider.
With some exceptions, California residents can make certain requests about their personal information under the CCPA. Specifically, if you are a California resident, you may have the right to request that we:
- provide you with information about: the categories of personal information we collect, disclose or sell about you; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we share personal information (though such information is generally already set forth in this Privacy Notice);
- provide a copy of certain information we hold about you;
- delete certain information we have about you; and
- provide you with information about the financial incentives that we offer may to you, if any.
California residents can also designate an authorized agent to make such requests on their behalf.
Please note that certain information may be exempt from such requests under California law. We reserve the right to verify your identity before responding to a request. If you would like to exercise any of these rights, please email us at firstname.lastname@example.org for the fastest service. Alternatively, you can call (877) 796 5700 or use this form. You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.
CCPA “sale” of California personal information
The CCPA requires businesses that “sell” personal information, as the term “sell” is defined under the CCPA, to provide an opt-out from such sales. Some people have taken the position that when a website uses third parties’ cookies or similar technology for its own analytics or advertising purposes, the website is engaged in a “sale” under the CCPA if the third parties have some ability to use, disclose or retain the data to improve their service or to take steps beyond the most narrowly drawn bounds of merely providing their service to the website. Some take this position even when the website pays the third party (not vice versa), and merely provides the third party with an opportunity to collect data directly, instead of providing personal information to the third party. If you take the position that those relationships involve a “sale” within the meaning of the CCPA, then you may consider Pepperjam to have “sold” what the CCPA calls “identifiers” (like IP addresses), “internet or other electronic network activity information” (like information regarding an individual’s browsing interactions on our Sites), and “commercial information” (like the fact that a browser visited a page directed to people who are considering doing business with us) to those sorts of companies. To opt out of this activity, use the controls described in the Cookies and other Information Collection Technology section of our Privacy Notice.13. Updates and Changes
Pepperjam will update this Privacy Notice from time to time, such as to reflect changes in our practices or for legal reasons. We will post those changes here or on a similarly accessible page. Please be sure to check this Privacy Notice before proceeding to use our Site or otherwise provide us with personal information.14. Questions or Feedback
7 South Main Street, 3rd Floor
Wilkes Barre, PA 18701