Last Updated: July 29, 2021
3. Personal Data Collected
4. Reasons for Personal Data Collection
5. How Long We Retain and How We Store Your Personal Data
6. Sharing of Personal Data Collected
7. Cookies Policy
8. GDPR Rights for Data Subjects
9. Privacy Notice for California Consumers under the California Consumer Privacy Act of 2018
Updated as of June 13, 2021
D. Not Targeting Children. This Site is not intended for children and We do not target children as Our audience. We currently do not knowingly collect, use, share or sell Personal Information regarding children younger than 13 years old without verified parental or guardian consent or, for California residents, children aged 13 through 15 without affirmative authorization. Otherwise, if You are under 13 years old or age 13 through 15 years old, please do not send Us any Personal Information and please discontinue any use of this Site immediately. If You are the parent or guardian of a child under 13 years old and have any knowledge that We are holding unauthorized Personal Information about a child under 13 years old, please contact Us promptly at [email protected] and put the words "Child Privacy" in the subject line. We will take commercially reasonable steps to delete any Personal Information about children under 13 years old if We do not have verifiable written consent from their parent or guardian as well as unauthorized Personal Information from a California resident aged 13 through 15, if We should find out about it.
E. International Data Transfers: Our Site is located in the United States. For visitors accessing the Site from outside the United States, information collected about You while You visit the Site may be transferred and processed outside Your country of access and such transfer may include transfer to the United States. We cannot guaranty that the laws of the country of processing including, among others, the United States, offer the same level of data protection as those considered adequate or applicable in the country where the Personal Data is collected and may be less strict. By using Our Site You expressly consent that Your information may be processed or otherwise utilized and transferred outside Your country of access, such as in the United States.
For Site visitors who are identified or identifiable living natural persons in the EU/EEA and who are considered Data Subjects entitled to the protection of the GDPR regarding their use of this Site as of the date of this Policy, the phrase "Personal Data" refers to information that may be used, alone or in combination with other information, to facilitate identifying an identified or identifiable living natural person in the EU/EEA. Personal Data does not include information that is merely aggregated or otherwise cannot be reasonably combined to identify or be reasonably linked to You. If You are a California resident "Consumer" protected by the California Consumer Privacy Act of 2018 ("CCPA"), please see Our CCPA Notice below in Section 9 regarding the collection, use, sharing and "sale" of Personal Information as described in the CCPA.
We also describe why we, Our third-party Service Providers, advertisers, linked social media platforms and providers of embedded media may collect Personal Data or Personal Information, how We store and share the information We collect and Your rights concerning some categories of Personal Data collected by us. With respect to Personal Data collected by Our third-party Data Processor Analytics Service Provider, the Site owner may be considered the Data Controller under pertinent law. A Data Controller is the individual or entity that decides how and why to process certain Personal Data.
A. Personal Data You Voluntarily Provide
You do not have to log in or otherwise proactively identify yourself to simply view Our Site but certain Personal Data/Personal Information about You is collected or may be displayed on the Site when You voluntarily provide it, such as when You contact Us by email or similar means to submit news with a request for credit on the Site or otherwise or when You use a social media plugin to make and display comments on CD or DVD reviews that are posted on the Site. Any information We collect from You in this way is made voluntarily by You and is with Your consent.
When You voluntarily submit comments on news stories or CD and DVD reviews by means of the Facebook® social plugin used by the Site once You are logged into an active Facebook® account, certain Personal Information about You that You provide, such as Your Facebook® screen name or name or profile picture will be visible to other Site visitors as well as to Us. For further information on privacy issues concerning the Facebook social plug in, please visit https://www.facebook.com/about/privacy/your-info-on-other#socialplugin.
Should You choose to follow Our Twitter page, We can see You as a follower of BLABBERMOUTH.NET. By signing up to use the Twitter service, You are agreeing to be bound by Twitter's terms of service and Twitter's privacy policies, which are separate from those of Our Site. You can find further information about Twitter's privacy policies at https://twitter.com/en/privacy#update.
B. Device and Related Usage Data Information
When You visit Our Site, certain information (is) collected by Us or third-party Analytics Service Provider(s) which may include such things as Your IP address or a modified version of it, browser type, operating system, device type, mobile device model identification, pages visited and time spent on the Site, Your general location and other information about how You use Our Site. Information collected by the third-party Analytics Service Provider We use is reported to Us in aggregate form and, while it may be derived from or based on Your Personal Data, We do not attempt to use or combine such information to attempt to reveal Your identity to us.
Our Site also displays embedded video and other media files, which may be served by third parties and then embedded or displayed on Our Site using similar technologies. You should check the privacy policies of those providers for further information on their practices regarding any Personal Data they collect when You click on these embedded media and other files.
A. Personal Data Provided On Consent. Generally, We use or display Personal Data that You voluntarily provide when You communicate with Us for the purposes for which You have provided it (for example, to provide You the acknowledgment credit You request for a news item which You submitted or to display Your profile when You make a comment on a CD or DVD review. We may also use Your voluntarily provided email address and similar Personal Data for customer service purposes like contacting You or responding to Your inquiries or to send You certain communications relating to the BLABBERMOUTH.NET service, such as service announcements, administrative messages, newsletters, or notifications of Site updates and similar purposes.
B. Automatic Data Collection - Legitimate Interest. This information may be used by Us for legitimate interests of ours and others, such as improving, operating and providing the functionality of Our Site, to help Us better understand Our audience and the subjects that are of interest to them, what pages are viewed, how much time is spent on Our Site and similar information about how Our Site is used, which We use for analytical/performance purposes so that We can better enhance the visitor experience and improve Our Site operation, as well as for marketing and similar purposes. We also allow Our third-party advertising vendors to place cookies on Our Site, which may collect Personal Data and use it, either alone or in combination with other Personal Data they may have otherwise collected about You from other sources in order to better measure and tailor advertising to You.
C. For Legal Compliance. We may also use Personal Data We collect to comply with or make available in order to comply with pertinent statutory and regulatory obligations, as well as legal or court process, orders and directives and to protect Our legal rights and those of Our visitors and third parties.
D. For Performance of a contract to ensure compliance with Our terms of service or performance of contracts with Our third-party Service Providers and other advertisers and vendors.
5. How Long We Retain and How We Store Your Personal Data: We store Personal Data voluntarily provided to us: for as long as We believe it is reasonably relevant to Our operations; to be used in order to communicate with you; or to be available to be used in connection with enforcing Our legal rights or those of third parties or to be able to respond to legal requirements which We believe, in good faith, to be valid. We store information using commercially reasonable methods with reputable companies. Nevertheless, please note that email, the Internet and digital storage of data in general are not foolproof and We are not able to ensure that Your Personal Data is completely secure.
Cookies are tiny text files that may be saved on Your computer or device when You are using a web browser that can be read when You visit Our Site. You can learn more about how cookies and similar technologies are used at https://www.allaboutcookies.org/.
Cookies that may be on the Site generally fall into the following categories:
- Essential or Strictly Necessary cookies - used to allow You to fully utilize and navigate the Site, detect SPAM, maintain operation and security of the Site and to permit the Site to function properly. No visitor consent is required for the placing or maintenance of these cookies. Functional cookies, which may also be considered to be essential or strictly necessary cookies, are also used to enable aspects of the Site to function or to provide other functionality.
- Performance/Analytics cookies - used to collect statistical general information about the background, geographic location, education of Site visitors and other information about how visitors use Our Site, their devices and the ads visitors click on for analytics purposes, to optimize advertising display and the visitor Site experience.
- Targeting/Advertising cookies - used to remember the Sites You visit and how You interact with them to collect information used to help make content and advertisements on sites You visit more relevant to you, control how often You see an ad, measure the effectiveness of advertising campaigns, and in aid of facilitating real time bidding for advertisers on Our Site.
C. Disabling Cookies:
You may be able to disable cookies from within Your desktop or mobile web browser. If You wish to generally block all cookies, please consult the documentation for Your browser. Please note, though, that blocking all cookies may impact Your ability to access or Your use of the Site. You may also be able to opt out of certain third-party tracking technologies by following opt out procedures offered at such web pages as www.networkadvertising.org/choices/, https://optout.networkadvertising.org/, https://youronlinechoices.eu/ and https://optout.aboutads.info/. Please note that these web pages are offered by third parties and may be moved, changed or discontinued by them, at their sole discretion. We have no responsibility for the continued availability of such web pages or the opt-out services offered there. Also please note that these offerings do not mean that no data about You will be collected for other analytical, functional or other internal operational purposes and You should read the above sites terms carefully to understand the effects of the choices You make there. You can find out more about Google's Analytics-related privacy practices here. If You do not want Google Analytics to monitor Your interactions, Google provides an optional browser tool to opt out of Google Analytics collection, which can be found here.
8. GDPR Rights for Data Subjects: GDPR stands for "General Data Protection Regulation" ("GDPR"). For natural person Site visitors who are visiting the Site from the EU/EEA, and who may be protected by it when visiting Our Site ("Data Subjects"), the GDPR conveys certain rights regarding "Personal Data", that is, data that relates to an existing identified or identifiable natural person, and referring to someone who can be directly or indirectly identified through the use of that data.
If You are a Data Subject, then, under certain situations, the GDPR affords You rights concerning Personal Data that We may collect to allow You the right to:
A. Know what Personal Data has been collected and its purposes;
B. Have access to Your Personal Data
C. Request the correction or rectification of Your Personal Data if incomplete or inaccurate
D. Withdraw Your previously given consent to processing of Your Personal Data where We have been processing Your Personal Data based upon Your consent.
E. Object to use or restrict use of Your Personal Data in certain cases
F. Object to automated processing of Your Personal Data
G. The deletion or erasure of certain Personal Data, sometimes referred to as the Right To Be Forgotten;
H. Request for transfer or return of Your Personal Data
You may exercise choice regarding non-essential cookies by the use of Our pop-up cookie consent tool. Otherwise, You may also contact Us to advise of any other permitted request(s), in which case, We will take steps to verify Your identity and then evaluate Your request. You may contact Us for this purpose by e-mail at [email protected] and using the words "COOKIE CONSENT" in the subject line. Any Personal Data requests may be addressed to Us at the same email address and using the words "GDPR DATA SUBJECT REQUEST" in the subject line. In either case, You may also contact Us by writing to:
530 S. Lake Ave #466
Pasadena, CA 91101 USA
You may also use Our interactive web form, which may be found here.
I. Complaints. If You do not feel We have adequately responded to Your request, please contact Us at [email protected] and We will try to resolve the matter with you. If You are still not satisfied afterwards, You may be entitled to complain to Your data protection authority. You may also contact Us at the above email address for details on how to contact Your data protection authority.
For California Consumers, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of either being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include information that is merely aggregated, has been de-identified or otherwise cannot be reasonably combined to identify or be reasonably linked to a particular consumer or household.
A. California Personal Information Collection Disclosure: During the last twelve (12) months prior to this update
1. We may have collected the following categories of Personal Information in the following categories:
2. The above categories of Personal Information We may have collected about You may have come from the following categories of sources:
a. Voluntarily provided by You or usage information collected through Your interaction with Our Site
b. Social media integrations, Analytics/Service Providers
3. The commercial/business purposes of Personal Information collection included:
a. To communicate with You when You voluntarily contact us;
b. To let You to post CD/DVD reviews comments or submit news;
c. To understand Our visitors, how they use Our Site, to enhance Our Site and its offerings, for analytical and internal purposes. For legal compliance, for security purposes and to protect and enforce Our legal rights and those of third parties
d. To perform and enforce contracts
e. For use in Site administration
f. To give You credit You may request for any submissions or voluntary contributions You make when You contact us.
4. Categories of Personal Information and recipients of Personal Information that may have been shared within the last 12 months.
5. Sale of Your Personal Information: We do not directly sell Personal Information that You voluntarily provide to us, such as Your name, email address and similar Personal Information that You voluntarily send us, such as to submit news or otherwise communicate with us. We do allow third-party advertising on the Site for third-party online retail store services, programmatic advertising and similar purposes for monetary compensation and allow such third-party advertisers to place cookies and similar technologies on Our Site that may be used by them to collect Personal Information to present You with more relevant advertising and similar advertising-related purposes.
While We do not control and are not given the specific information collected by these third-party advertising cookies and similar technologies hosted by their respective providers, the concept of "sale" of Personal Information under the CCPA and its full extent and interpretation are currently unclear and may be interpreted broadly. To the extent that Our allowing the placement of third-party advertising cookies and similar technologies on Our Site for monetary compensation may be definitively determined to legally be considered a "sale" within the meaning of the CCPA, it is possible that We may be determined to have "sold" Personal Information in the following categories to third parties:
We may have sold each of these categories of Personal Information to the following third party categories:
- Third-party Analytics and other Service Providers
- Integrated/linked third-party social media and embedded media platforms
- Third-party Advertisers and merchandising vendors
B. CCPA Consumer(s) Disclosure, Access and Deletion Related Rights Upon Verified Request
California Consumer(s) have the following request rights concerning their Personal Information We collected about them and/or disclosed, shared or sold during the immediately preceding twelve (12) months from Our receipt of their verified request, limited to two (2) requests during a twelve (12)-month period and subject to certain exceptions:
1. Request to know any or all of:
a. the categories and specific pieces of Personal Information we collected;
b. the categories of sources of collection of that Personal Information;
c. the business or commercial purpose for collecting or selling consumer Personal Information by category;
d. the categories of third parties to whom each category of Personal Information was sold or disclosed for a business purpose, as applicable, and the category(ies) of Personal Information sold or disclosed to each for a business purpose, as applicable;
2. Request to access, upon verified request, Personal Information collected about You and Personal Information sold or disclosed to third parties.
We may decline access requests for certain information where access would pose a security risk to the Site or other legal or security risks.
3. Request to delete Personal Information upon verified request.
We may decline deletion requests if We determine that the information is required for one or more of the following reasons:
a. Contract and Transactions: such as to complete a transaction for which the information was provided; to provide a requested or reasonably expected product or service; or to carry out a contract with you;
b. Security: To use in prevention, detection and prosecution of responsible parties regarding security matters.
c. Legal: to comply with applicable law or legal obligation; detect and guard against illegal or fraudulent, deceptive or malicious activities; and in connection with the exercise of free speech and other legal rights,
d. Debugging: To help detect and fix errors.
e. Internal Purposes: to lawfully use Your Personal Information for Our internal purposes that are consistent with the context in which it was provided.
4. The right to non-discrimination, prohibiting Us from discriminating against You due to Your exercise of Your California Consumer rights. Unless allowed by the CCPA, We will neither deny You any use of services We provide at Our Site; nor provide You a different level of service based on Your exercise of Your CCPA rights. We do not currently charge Site visitors for visiting Our Site.
5. We do not currently offer any financial incentives to compensate You for collection of Your Personal Information.
C. How to Make Requests to Know, Access or Delete for California Consumers
Any requests to exercise Your Right To Know, access or deletion-related rights under the CCPA may be made by contacting Us toll free from within the United States at 1 888 914 9661 Pin # 753753 or by visiting Our interactive verified request form here.
We will require any consumer making a request to know to reasonably verify themselves to confirm that they are the consumer making the request. This may include providing Your full name, an email address and/or telephone number where You can be contacted to verify Your identity and eligibility to make Your request and to separately confirm Your initial request by verifiable means. For requests to access or delete, should We determine that the circumstances reasonably call for it, We may require additional information to verify You and evaluate Your request.
Authorized Agent: If a consumer makes a request to know, access or delete through an Authorized Agent, then We may require the Authorized Agent to provide Us with proof that you, the consumer, gave the Authorized Agent signed permission to make the request, to be sent to us, and may either require that you, as the consumer, directly verify the consumer's own identity to Us or to confirm directly to Us that You have provided written permission to the Authorized Agent to submit the request on behalf of You as the consumer.
The above portions of this section do not apply when a consumer has provided the Authorized Agent with power of attorney pursuant to California Probate Code sections 4121 to 4130.
D. D. The right to opt out of the sale of Your Personal Information. You can opt out of sale of Our Personal Information by using Our pop-up interactive "Do Not Sell My Personal Information" tool on Our Site. You may also contact Us for these purposes by emailing Us at [email protected]. You may also be able to opt out of certain third-party tracking technologies by following opt out procedures offered at web pages like www.networkadvertising.org/choices/, https://optout.networkadvertising.org/, https://youronlinechoices.eu/ and https://optout.aboutads.info/. Please note that these linked web pages are offered by third parties and may be moved, changed or discontinued by them, at their sole discretion. We have no responsibility for the continued availability of such web pages or opt-out services offered there. Also please note that these offerings do not mean that no data about You will be collected for other analytical, function or other internal operational purposes and You should read the above sites terms carefully to understand the effects of the choices You make there.
F. Do Not Track: At this time, We do not have the ability to comply with Do Not Track settings from Your browser and, accordingly, do not comply with such browser directions, should You select that setting in Your browser.
If You have any questions regarding this Policy, please contact Us by e-mail at [email protected]. You may also contact Us by writing to:
530 S. Lake Ave #466
Pasadena, CA 91101