Who we are
Our website address is: https://www.induck.co.
• Regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”);
• Whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site;
• To all Information (as that term is defined below) collected by the Site (as defined above)
• To our use of combined information if we combine Information (as that term is defined below) collected by the Site with other information we collect from other sources, such as information received from Induck (for example, information collected at a physical location), marketing companies or Advertisers; and
• Will remain in full force and effect even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason.
2. U.S. Governing Law
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
If you are located outside of the U.S., you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.
3. What Information Is Collected.
When we use the term “Personal Information” we mean information that you provide us that identifies you or would allow someone to contact you, such as your full name, postal address, email address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you, including, but not limited to, Device and advertising identifiers and information collected through cookies or other Tracking Technologies or Identifiers (as those terms are defined below). Any Personal Information that is modified to remove your contact information and other information that identifies you or that is replaced with information that no longer identifies you or allows someone to contact you(for example, hashed email addresses or usernames) shall not be treated as Personal Information but shall be treated as Other Information after such modification. (Personal Information and Other Information shall be referred to, together, as “Information”.)
3.1 Information We Collect that You Provide Us.
3.1.1 User Registration; Third Party Social Media Network Sign-On.
If we offer user registration on the Site, to register as a member of the Site, there may be a few options for you to register: Site Registration (as described below) and Third Party Social Media Network Sign-On (as described below). In each case, you are required to either use a pre-existing user name and password (together, your “User ID”) or select a new User ID.
18.104.22.168 Site Registration.
For Site registration, you are required to select a User ID and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested and/or required during the registration process. After you have registered for the Site under Site Registration, we may recognize you when you visit certain other Induck, LLC websites, applications or other interactive services across Devices to register for and login on such other websites, applications or other interactive services, but please note that other Induck, LLC websites, applications or other interactive services may set additional or different requirements for membership, such as minimum age.
4. How Is Collected Information Used.
4.1 Personal Information. We use the Personal Information we collect from you in a variety of ways, including:
• Sending marketing and promotional emails or newsletters offering goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, Induck.
• Processing your registration with the Site, such as verifying that your email address is active and valid;
• Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services you have ordered through e-Commerce services available on the Site or any other transactions you have undertaken with the Site;
• Allowing you to participate in the public areas and/or other features of the Site;
• Responding to your questions or other requests;
• Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on, and/or otherwise customizing what you see when you visit, the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by Induck or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
• Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Site;
• Otherwise to maintain and administer the Site
• For other purposes disclosed at the time you provide the Personal Information (for example, as set forth in the Rules for any Promotions you enter).
4.2 Other Information Collected by Us. We use the Other Information we collect from you in a variety of ways, including:
• Keeping count of your return visits to the Site or Advertisers’ or partners’ sites, applications or other interactive services;
• Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
• Analyzing, determining or anticipating which features, webpages, products and services users like best to, among other things, help us operate the Site and/or other Induck websites, applications or other interactive services, enhance and improve our services and the Site and/or other Induck or third party websites, applications or other interactive services and display advertising and marketing information on the Site and/or other Induck or third party websites, applications or other interactive services (for example, to provide ads of interest to you on the Site or third party sites, to analyze effectiveness of advertisements, to assess the appeal of certain content to our general site audience and to understand your interactions with email messages we send and the content contained in such messages (such as the links clicked on within marketing and promotional emails we send and whether such messages were opened or forwarded);
• Preparing statistics reports;
• Allowing you to participate in the public areas and/or other features of the Site (for example, to enable you to use shopping carts on the Site);
• Improving our services, the Site and/or other websites, applications or other interactive services and for internal business purposes;
• Tailoring your experience on, and/or otherwise customizing what you see when you visit the Site and/or other sites, applications or other interactive services across Devices whether owned, operated and/or provided by Induck or by third parties (for example, to provide recommendations on content or provide advertisements, emails or other content of more interest to you);
• Saving certain Other Information for use on your return visits to the Site and making your experience on this Site more convenient for you (for example, to recognize you by name when you return to the Site, to apply certain settings or preferences you have identified on this Site or other Induck websites, to save your password in password-protected areas);
• Using certain characteristics that you enter about yourself on the Site, such as age or gender, for tailoring the online advertising and/or other content that you see when you visit the Site or other websites, applications or other interactive services whether owned, operated and/or provided by Induck or by third parties, whether alone or in combination with other Information;
• Otherwise to maintain and administer the Site (for example, to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to record if you have opted out of receiving personalized content or using IP address to pre-populate registration fields to facilitate your sign-up);
• For the uses described for “Personal Information” above; and
• For other purposes disclosed at or before the time the Other Information is collected.
5. Your Choices.
5.1. Opting-Out of Certain Uses of Personal Information.
5.1.1 In Connection with Newsletters, Marketing or Promotional Emails or Offers.
You may “opt-out” of receiving newsletters, marketing and promotional emails from the Site at any time by using the opt-out mechanism that is contained in each such email and by any other mechanisms that the Site may provide. Please note that when you opt-out of receiving these newsletters, marketing and promotional emails from us, you are not opting out of receiving marketing and promotional emails from other Cheddar properties.
Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive newsletters, marketing and promotional emails from us unless you subsequently exercise your opt-out options above.
5.1.2 Certain Continuing Rights Regardless of Opt-Outs.
However, even if you exercise your opt-out rights above, we may continue to contact you for the other purposes described in the “How Is Collected Information Used” Section above, such as for maintenance and administrative purposes.
5.2 Your Choices with Respect to Tracking Technologies.
5.2.1 Tracking Technologies Set By Third Party Service Providers and Advertisers. Third Party Service Providers and Advertisers may collect Other Information about you when you visit this Site for Customized Advertising to help identify products and services that may interest you and deliver advertising and/or other content tailored to your interests. Your opt-out options regarding these Third Party Service Providers and Advertisers are described below.
• You can opt-out of the use of Other Information for certain advertising purposes by using opt-out tools provided by Google’s DoubleClick tool at https://www.google.com/intl/en/policies/privacy/#infochoices and provided by certain other Third Party Service Providers as described in our Ad Choices link here. If you use such opt-out tools, your choices only apply to the Third Party Service Providers identified in such links. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
• In addition to the Third Party Service Providers described above, these and other Third Party Service Providers and Advertisers may participate in the Network Advertising Initiative’s Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. For example, click here for more information on some Third Party Service Providers that we use to provide online behavioral advertising, sometimes called personalized advertising or tailored advertising. Please click on the links to these tools to learn more about your choices. Please note that, if third party browser cookies are disabled (whether by you or automatically by the browser or Device) or you subsequently delete browser cookies, the opt-out choices you have exercised may not function and you may need to enable third party cookies or opt out again in order for your opt-out choices to function.
• You may also prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls for the Internet browser as described in More Information About Cookie Controls Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
• See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by Third Party Service Providers and Advertisers and for information on your choices regarding Identifiers on mobile platforms.
5.2.2. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
• You can prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls in your Internet browser as described in More Information About Cookie Controls section below. Please note that using those controls may affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs.
• See the “More Information on Managing Tracking Technologies” section below for additional information about managing Tracking Technologies set by the Site and for information on your choices regarding Identifiers on mobile platforms.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click our Ad Choices link here for more information about this Site and Customized Advertising.
Please note that if you exercise the Ad Choices opt-out above, that only applies to the use of the data for Customized Advertising and we may still use the data for other purposes described in Section 4.2 “How is Collected Information Used” above, such as for video playhead tracking and to optimize your video experience.
5.2.3. More Information on Managing Tracking Technologies. With respect to the Tracking Technologies set by the Site, Third Party Service Providers and Advertisers, please note the following with respect to the above opt-out options:
• Your Choices Regarding the Site’s Use of Information for Customized Advertising. You can prevent the Site’s use of Information collected through Tracking Technologies for Customized Advertising by exercising the opt-outs offered by Third Party Service Providers we use as described in our Ad Choices link here. Some of your options available in our AdChoices link may opt you out of receiving Customized Advertising across Devices.
• More Information About Cookie Controls. For the following Internet browsers, you may prevent or exercise choices regarding browser cookies for a particular Device and Internet browser combination by using the controls described in the following:
Internet Explorer 11
If your Internet browser is not listed above or you otherwise are having difficulties with the links, you may be able to access controls to:
• Delete existing browser cookies through the “Internet Options”, “Settings”, Preferences”, “Options” or similar menu selection in your browser’s menu or otherwise as directed by your browser’s support feature, which means that all pre-existing browser cookies are deleted but does not prevent browser cookies from being used in the future.
• Disable browser cookies through the same browser controls which means that browser cookies shall not be used in the future but pre-existing browser cookies may not be deleted. Additional information on enabling or disabling browser cookies and other Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Disabling may sometimes be referred to as blocking or opting out of browser cookies and relies on browser cookies to remember your choices. If you delete browser cookies using the controls in your Web browser (as described above) after disabling browser cookies, you may have to disable browser cookies again to re-establish your preferences.
• Choose to have the Device you use to access the Site warn you each time a browser cookie or certain other non-Flash LSO Tracking Technology is being set. (You can later choose to turn-off such warnings.) This may be available through your Internet browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
• Seek additional information from the provider of your Internet browser through your browser’s support features.
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. PLEASE NOTE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE OPERATION OF THESE BROWSER COOKIE CONTROLS. ALSO, PLEASE NOTE THAT THESE BROWSER COOKIE CONTROLS ARE DIFFERENT FROM DO NOT TRACK OPTIONS THAT MAY ALSO BE OFFERED BY CERTAIN BROWSERS.
• Many tools discussed above are “Internet browser cookie based.” This means that such tools rely on cookies to remember your choices. For example, if you delete Tracking Technologies using the controls in your Web browser after disabling such Tracking Technologies, you may have to disable such Tracking Technologies again to re-establish your preferences and, if you exercise opt-outs through the mechanisms described in our Ad Choices link, and then delete or block browser cookies, you may need to exercise your opt-outs through these mechanisms again.
• The tools are “Internet browser and Device-specific” or “Device-specific” Note that when you exercise your options using controls for the Internet browser, your choices shall only apply to the specific Internet browser on that Device and not across Devices. This means, for example, that if you block or disable browser cookies for Internet Explorer 9 on one Device, this choice shall not block or disable browser cookies when you use Mozilla Firefox on the same Device or on a different Device using Internet Explorer 9. Further, you may need to separately exercise your options for other platforms, such as mobile platform (as described below).
• Automatic Disabling of Third Party Cookies and Effect on Certain Opt-Outs. Some Device manufacturers and/or browsers (such as Safari) may preset their browser to automatically disable browser cookies from websites, applications or other interactive services other than those you visit directly (sometimes referred to as third party cookies) and, if so, the opt-out choices you have exercised with regard to third parties may not function and you may need to enable third party cookies in order for your opt-out choices to function. For example, unless you enable third party cookies on Safari, your opt-out choices made on the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising site and on the Network Advertising Initiative site may not function.
• You shall still receive advertisements. Deleting or disabling Third Party Service Providers’, Advertisers’ or the Site’s Tracking Technologies does not mean that you shall no longer receive online ads. If you delete or disable third party Tracking Technologies (or, if third party Tracking Technologies are automatically disabled, if you do not enable such Tracking Technologies), this only means that such ads may no longer be tailored to your specific viewing habits or interests, but you shall continue to see ads on this Site and you may see the same advertisement repeatedly or may see advertisements more frequently unless you enable Tracking Technologies set by third parties or unless we offer alternative means such as enlisting the assistance of Third Party Service Providers in order for the Site to set Tracking Technologies for frequency capping purposes.
• Limitations Regarding Web Beacons. Web beacons cannot be deleted or disabled using the above opt-out options, but may be affected if such web beacons rely on browser cookies or other deleted or disabled Tracking Technologies to track your activities.
• How to Manage Flash LSOs (sometimes known as Flash Cookies). CONTROL OF FLASH LSOS (SOMETIMES KNOWN AS FLASH COOKIES) MUST BE HANDLED SEPARATELY. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH LSOs TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR INTERNET BROWSER. Deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Service Providers and Advertisers and set by this Site through the above options shall not remove Flash LSOs. For more information about Flash LSOs and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html. If you remove Flash LSOs, you may not have access to certain features of the Site and some of our other services may not function properly.
• Other Effects of Managing Tracking Technologies. In addition to the above, if you delete or disable Tracking Technologies set by the Site, the Site may no longer be able to offer certain features or functionality to you, such as remembering your preferences, remembering your username, saving your player settings or other purposes described in “Other Information Collected By Us” above, and some of our other services may not function properly. In addition to the above, if you disable or delete Tracking Technologies set by Third Party Service Providers and Advertisers (or if such Tracking Technologies are automatically disabled on your Device or browser), the Site may no longer be able to offer certain functionality to you, such as enabling SMN login or saving your player settings and certain services or advertisements may not work for such Devices or browsers.
• Mobile Platforms. Certain mobile platforms, such as Apple or Google, may offer users choice regarding the Identifiers we, Third Party Service Providers or Advertisers may access and use, which may not be browser cookie based. We encourage you to review and understand the choices that such mobile platforms may provide to you regarding these Identifiers.
• Certain Identifiers. Certain Identifiers we set may not be deleted, blocked or disabled using the above opt-out options, but may be affected if such Identifiers rely on, or are associated with, browser cookies or other Tracking Technologies.
• Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for Customized Advertising purposes and the browser cookie controls and other mechanisms described in this Section 5.2.3 and in Sections 5.2.1 and 5.2.2.
6. Reviewing, Updating or Deleting Information.
6.1 Site Registration. If you registered for this Site, generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, logging into the Site and using the tools provided to edit such Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We shall allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current.
6.3 Limitations. Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and shall not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we shall provide to you an explanation of why access cannot be provided and contact information for further inquiries.
6.4 Children or Ineligible Teenagers. If we inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of the Site or certain features of this Site (“Ineligible Teenagers”), the child or Ineligible Teenager, or parent or legal guardian of the child or Ineligible Teenager (the “Parent”), may unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a Parent of a minor (a person under the age of 18, or the age of majority in your state).
7. Protection of Information.
While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions, private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our employees’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality shall be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ emails to lead consumers to counterfeit websites, or otherwise respond in a manner that is, designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please contact us through the Contact Us page, and then immediately delete the fraudulent email from your computer.
8. Your California Privacy Rights.
If you are a resident of the State of California, we provide you with notice and you may choose to disclose your Personal Information to third parties (such as Advertisers) for marketing purposes (see “Sharing and Disclosure of Personal Information” above). Therefore, pursuant to the California Civil Code, the notice and choice we provide regarding disclosure of your Personal Information to third parties for marketing purposes (and this Section) satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes. If you are a California resident and have additional questions on our sharing of your Personal Information with third parties for marketing purposes, you may send us your questions through the Contact Us page.
All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who may access and use your Personal Information or for what purposes. Induck is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues shall be available publicly, even without your knowledge or authorization. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all features within our Communities. If you use SMN, your profile may display Information to the general public, including display name, profile URL and your member relationships, unless and if the SMN allows you to make such Information private. Publicly displayed Information and Postings may be indexed by third party search engines and appear in search results on third party websites.