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Privacy Policy

Privacy Policy

Last updated: October 16, 2025

1. INTRODUCTION

On3 Media, Inc. (“Company”, “On3”, or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Policy (the “Privacy Policy”) applies to any websites or mobile applications owned or operated by us, including, without limitation, this website currently located at www.On3.com (collectively, the “Websites”), any newsletters subscribed to via the Websites, digital subscriptions to On3.com, Rivals.com, Recruits, On3 content viewed or downloaded via third party Really Simple Syndication (“RSS”) feeds such as Apple Podcasts or Spotify, and any other service or product of On3, including without limitation mobile applications, or other digital properties, as expressly indicated by On3 such as through a link or other display of this Privacy Policy (collectively with the Websites, the “Service(s)”).

This Privacy Policy explains what information, including Personal Information (as defined hereafter), we collect from or about you on our Services, how we use or share such information, how to exercise any rights you may have with respect to your Personal Information, and the safeguards we have in place to reduce the risk of unauthorized access and use. For the purposes of this Privacy Policy, “Personal Information” means any information, alone or in combination, from which a natural person can be identified. It does not include data where identifiers have been removed (e.g., anonymous or aggregate data).

Please carefully read this Privacy Policy which is part of and subject to our , before using our Website or Services, including, without limitation, www.On3.com, and any related On3 webpages or mobile applications that display this Privacy Policy. If you do not agree with our Terms of Service and/or the Privacy Policy, please refrain from using our Websites or Services. By accessing or using our Website or Services, you agree to our use of your Personal Information and other information consistent with the Terms of Service and this Privacy Policy.

Please carefully read this Privacy Policy, which is part of and subject to our Terms of Service, before using our Website or Services. If you do not agree with our policies and practices, your choice is not to use our Website or Services. By accessing or using this Website, you agree to this Privacy Policy.  Any information that is collected via our Services is covered by this Privacy Policy at the time such information is collected. This Privacy Policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. We encourage you to review the Privacy Policy whenever you use or access our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. 

Table of Contents

  1. Introduction
  2. Scope of This Privacy Policy
  3. Collection of Your Information
  4. How We Use the Information We Collect
  5. Disclosure of Personal Information
  6. Use of Cookies, Tracking Technologies, and Third-Party Advertising
  7. Selling or Sharing Your Information
  8. Retention of Information
  9. Choices About How We Use and Disclose Your Information
  10. US State Law Disclosures
  11. Information Security
  12. Links to Third Party Materials
  13. Artificial Intelligence Features, Machine Learning, and Related Tools
  14. Children’s Privacy
  15. Deleting Your Account
  16. Changes to Our Privacy Policy
  17. Contact Us

2. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies to information we collect:

  • On our Websites (including www.on3.com), mobile applications and Services that display this Privacy Policy.
  • Via email, text and other electronic messages between you and us.
  • Information collected by us offline.
  • Information collected by us and our affiliates when you engage with our content via third party RSS feeds (but not information collected and used by the RSS feed provider

It does not apply to information collected by:

  • Any other website operated by any third party (including, if applicable, our affiliates and subsidiaries).
  • Any third party (including, if applicable, our affiliates and subsidiaries), through any application or content (including advertising) that may link to or be accessible from or on the Website or the Services.
  • Us as a result of an application for employment with On3, during the prospective hiring process, or relating to an individual’s actual employment with On3. Our privacy policies regarding applicants and employees are separately disclosed during the application process and employment onboarding.

3. COLLECTION OF YOUR INFORMATION

We collect several types of information from and about users of our Website, which may include Personal Information or Sensitive Personal Information that you provide through the Services, through registering for our services or products, or when submitting the information to enter a sweepstakes, contest, or other promotion.

  • Collection of Personal Information

We may collect and we have collected, within the past 12 months, the following categories of Personal Information (“PI”) about consumers. Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Category of PIExamples of PI CollectedCategories of Sources from which PI was CollectedPurposes for PI Collection
Identifiersreal name, alias, postal address, unique personal identifier, online identifier, IP address, email address, postal address, account name, or other similar identifiers• You
• Created by us
• Your email and social media accounts
• Your devices
• Business partners and vendors		• Delivering products or services
• To communicate with you regarding our products, updates to our terms and policies, and your feedback
• Analytics
• Security and fraud prevention
• Debugging
• Research and development
• Quality assurance
Personal Information described in Cal. Civ. Code § 1798.80(e)Name, address, telephone number, education, credit card information, debit card information and physical characteristics• You
• Your email and social media accounts
• Your devices
• Business partners and vendors		• Delivering products or services
• To communicate with you regarding our products, updates to our terms and policies, and to obtain your feedback
• Analytics
• Security and fraud prevention
• Debugging
• Research and development
• Quality assurance
Characteristics of protected classificationsAge and date of birth, sex, and gender• You
• Your devices
• Business partners and vendors		• Delivering products and services
• Marketing
Commercial informationProducts or services purchased, obtained, or considered;other purchasing or consuming histories or tendencies; or account profiles• You
• Created by us
• Your email and social media accounts
• Your devices
• Business partners and vendors		• Delivering products and services
• Marketing
• Research and development
• Quality assurance
Internet or other similar network activity informationBrowsing history, search history, information on a consumer’s interaction with a website, application logs, device data and registration,or advertisement• You
• Your email and social media accounts
• Your devices
• Business partners and vendors		• Delivering products and services
• Marketing
• Research and development
• Quality assurance
• Security and fraud prevention
Audio, electronic, visual, thermal, olfactory, or similar informationAudio recordings of customer service calls• You
• Created by us		• Delivering products and services
• To communicate with you regarding our products, updates to our terms and policies, and to obtain your feedback
• Quality Assurance
• Security and fraud prevention
Inferences from PI CollectedCustomer profiles reflecting preferences and predispositions• You
• Created by us
• Vendors and other third parties
• Your email and social media accounts		• Delivering products and services
• Analytics
• Marketing
Other Information, such as information that does not directly fit within one of the categories defined by the CCPAThe contents of communications you send to us by phone, email, text, online chat, etc.• You• Created by us• Vendors and other third parties• Your email and social media accounts• To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback• Delivering products and services• Marketing• Research and development• Quality assurance• Security and fraud prevention

Additionally, we may collect, use, and disclose your Personal Information as required by applicable law. We do not treat deidentified data or aggregate consumer information as Personal Information and we reserve the right to convert, or permit others to convert, your Personal Information into deidentified data or aggregate consumer information. We do not attempt to re-identify such information.

  • Collection of Sensitive Personal Information

Sensitive Personal Information shall be understood to mean any information that reveals: (a) consumer’s Social Security or other state identification number; (b) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) consumer’s geolocation; (d) consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, or text messages, unless the business is the intended recipient of the communication; and (f) consumer’s genetic data.

Although it is our preference to minimize the collection of Sensitive Personal Information, it is possible that we may collect or may have collected, within the past 12 months, the categories of Sensitive Personal Information about consumers as indicated in the chart below. However, On3 does not use or disclose Sensitive Personal Information for any purposes other than Permitted Sensitive Personal Information Purposes as referenced in Cal. Civ. Code § 1798.121(a), (b); Cal. Civ. Code § 1798(e)(2), (4), (5); and Cal. Code Regs. tit. 11, § 7027(m). The Sensitive Personal Information we collect may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Category of Sensitive Personal InformationInformation Source(s)Purpose(s)
Personal Information that reveals a consumer’s account log-in and financial account• You
• Your devices		• Delivering products and services
• Marketing
  • Sources of Personal Information and Sensitive Personal Information

We collect several types of information from and about users of our Website, including:

  • Information you provide to us; 
  • Automatically as you navigate through the Website; and
  • Information from third parties and other sources. 

Information You Provide to Us  

The information we collect on or through our Website or Services may include:

  • Information that you provide on our Website. This includes information provided at the time of registering to use our Website, subscribing to any of our Services, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses) if you contact us.
  • Content you submit to the Website, including, but not limited to, your posts and comments including saved drafts, your messages with other users (e.g., private messages, chats, and comments), and other communications.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.
  • Information that our business partners collect about you, such as social media services you have signed up for, in each case that are related to our Services.
  • Name, Image, Likeness “NIL” data that you provide to us, including but not limited to, NIL deal disclosures.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns. This data includes, but is not limited to, the type of browser you are using, the type of operating system you are using, your IP address, mobile device ID, aggregate data about the number of visits to the Website, and aggregate data about the pages you visited. We may also collect information about your online activities across third-party websites or other online services/social media (behavioral tracking). This information may be associated with your username and profile.

The information we collect automatically may include Personal Information and/or Sensitive Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. The lawful bases for processing your Personal Information and Sensitive Personal Information in this manner include On3’s legitimate interest, compliance with legal obligations, and the performance of a contractual relationship with you. Additionally, it helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.
  • Analyze our Services and products and perform market research.

When you visit or leave our Website by clicking a hyperlink or when you view a third-party site that includes our plugins, cookies, or similar technology, we automatically receive the URL of the site from which you came or the one to which you are directed.

The technologies we use for this automatic data collection from our Website may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 9 (Choices About How We Use and Disclose Your Information).
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Information We Collect from Other Sources 

Personal Information and Sensitive Personal Information may also be obtained from others authorized to provide the information, from activity on the Services, and from other parties with whom we work, such as service providers, business partners, affiliates, advertisers, advertising technology providers, advertising servers, data analytics providers, and social networks. For example, if you choose to link your social media or other third-party accounts to our Services, we may obtain your Personal Information and Sensitive Personal Information from these sources.

Social Features

Certain features of the Services may allow you to initiate interactions between the Website and other platforms like social networks (for example, to share the Website with your friends or comment on On3 content). Using these features may allow both On3 and the operator of the other platform to access certain information about your use of our Services and theirs, including Personal Information and Sensitive Personal Information. You should review the terms, policies, and settings of these other platforms to learn more about their data practices and/or adjust your settings.

4. HOW WE USE THE INFORMATION WE COLLECT

We may use your Personal Information and Sensitive Personal Information for various purposes, including to:

  • Provide, maintain, and improve our Services, and develop new products and services;
  • Provide you with products and services, such as fulfilling your orders and processing your payments; arranging shipping; providing you with invoices and/or order confirmations; processing, maintaining, and servicing your account(s) and loyalty program membership; 
  • Communicate with you about products, services, offers, promotions, rewards, and events offered by Us and others, and provide news and information we think will be of interest to you when in line with the preferences you have shared with Us; 
  • Screen our orders for potential risk or fraud to protect the rights and property of On3 Media, Inc.;
  • Send you technical notices, updates, security alerts, and support and administrative messages; 
  • Respond to your comments, questions, and requests and provide customer service; 
  • Improve and optimize Our Services (for example, by generating analytics about how our customers browse and interact with our Services, and to assess the success of our marketing and advertising campaigns);
  • Where we need to perform a contract we have entered into with you or to fulfill your request;
  • Where we need to comply with a legal obligation;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interest and fundamental rights do not override those interests;
  • Where it is needed in the public interest or for official purposes;
  • With your consent;
  • To personalize your experience and to deliver content, product and service offerings relevant to your interests, including targeted offers and ads through the Services or third-party sites, and via email or text message (with your consent, where required by law);
  • To operate our business, including, as necessary, for internal administrative purposes, recordkeeping and auditing, risk management, and to manage our relationships; and
  • As set forth in the “Collection of Your Information” section above and otherwise described herein.

In addition to the purposes for collection and use described above, we may collect and use Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our or others’ rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may use Personal Information in connection with, or during negotiations of, the sale, assignment, merger, or reorganization of all or a portion of our business, and for our affiliated entities to assist in providing and maintaining our Services and for other permitted business purposes.

See Section 9 (Choices About How We Use and Disclose Your Information) below for more information on how to opt out of our use of your Personal Information and Sensitive Personal Information to provide offers and promotions to you. Please note that if you exercise choice in this manner, you will continue to receive communications concerning your account and products and services you requested, and in response to any requests for information by you. Please also note that this opt-out process may take some time to complete, consistent with applicable law.

5. DISCLOSURE OF PERSONAL INFORMATION

The chart below shows the categories of Personal Information and Sensitive Personal Information we have disclosed to our service providers, third-party contractors, and affiliates for a business or commercial purpose during the last 12 months that may have been used by those parties.

Category of Personal Information or Sensitive Personal InformationRecipients of InformationPurpose(s)
Identifiers• Business partners
• Financial institutions
• Delivery service providers
• Marketing partners		• Delivering products or services (to perform services on behalf of On3)
• Marketing
• Analytics
Personal Information described in Cal. Civ. Code § 1798.80(e)• Business partners
• Financial institutions
• Delivery service providers
• Marketing partners		• Delivering products or services (to perform services on behalf of On3)
• Marketing
• Analytics
Characteristics of protected classifications• Marketing partners• Marketing
• Analytics
Commercial Information• Business partners
• Financial institutions
• Delivery service providers
• Marketing partners		• Delivering products or services (to perform services on behalf of On3)
• Marketing
• Analytics
Internet or other electronic network activity information• Marketing partners• Marketing
• Analytics
Audio, electronic, visual, thermal, olfactory or similar information• Business partners• Security and fraud prevention
Inferences from PI Collected• Marketing partners• Marketing
• Analytics
 Sensitive Personal Information
Account log-in and financial account• Business partners
• Financial institutions
• Delivery service providers		• Delivering products or services (to perform services on behalf of On3)
• Analytics

During the past 12 months, we disclosed certain categories of Personal Information with third parties and business partners in a manner that may constitute “targeting advertising” or “cross-contextual behavioral advertising” under applicable state laws, as described below.

We work with one or more third parties to: (i) administer and analyze effectiveness of advertising or promotional campaigns (these third parties may place cookies on individuals’ computers to receive information about traffic to our site, browsing and purchasing activity on our online services); and (ii) from time to time, third parties may help us to provide a more tailored user experience. These third parties may collect information about individuals’ internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks, and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes. Please see “Selling and Sharing Your Information” below for more information regarding data sharing.

In addition to the other purposes for collection, use, and disclosure of Personal Information described in this Privacy Policy, we may collect, use, and disclose Personal Information to comply with any court order, law, or legal process, including to respond to any government or regulatory request; to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes; or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of On3, our customers, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

  • Service providers. We provide access to or share your information with our service providers who perform services on our behalf, such as billing, sales, marketing, product content and features, advertising, analytics, research, customer service, database management, payment processing, and other services.
  • Affiliates. We share your information with our affiliates and related entities for our business and commercial purposes, including for customer support, marketing, and technical operations.
  • Partners in the Sports Industry. We may share your Personal Information with various partners in the sports sector, including but not limited to schools, NIL collectives, brands, coaches, and agents. This sharing enables us to deliver relevant offers and services and to enhance our product offerings.

When you use our website and enter your email address on our website (either to log in, or sign up for a newsletter, or similar), we may share with solution providers and its group companies information that we collect from you, such as your email (in hashed, pseudonymous form), IP address, or information about your browser or operating system, with any of the following, acting as “joint controllers” (as applicable and defined in the GDPR). This Site is affiliated with Adapex INC for the purposes of placing advertising on the Site, and Adapex INC will collect and use certain data for advertising purposes. Learn more about Adapex’s data usage here.

6. Use of Cookies, Tracking Technologies, and Third-Party Advertising

We and our service providers may use cookies (small text files placed on your computer to identify your computer and browser), pixels, tags, and other tracking technologies such as web beacons (electronic files placed on a website that monitor usage) to collect general and personally identifiable information, including Personal Information and, where applicable, Sensitive Personal Information about visitors to the Website and individuals who watch or listen to our content. These technologies help us understand how people use our Website and Services and improve your overall experience—for example, by recognizing you when you revisit the Website, providing customized information, remembering your preferences, and supporting advertising and analytics purposes. Most web browsers are initially set up to accept cookies.

If you use our mobile application or consume our content on a desktop, mobile device, tablet, or streaming media device, we may collect a Resettable Device Identifier (such as Apple’s “Identifier for Advertisers” (IDFA) or Google’s “Advertising ID”), which functions similarly to cookies and is used for advertising and analytics purposes.

We and our service providers may also use session-replay tools to record your interactions with our Services, such as how you move throughout our Services and engage with webforms. This helps us better understand user behavior, improve usability, and fix technical issues.

We may partner with third parties (including ad networks, analytics providers, and social media platforms, collectively “Advertisers”) that collect information across various channels—both online and offline—to deliver more relevant advertising to you. These Advertisers may place or recognize a cookie or pixel on your device, browser, or directly in our emails and content. We may share certain Personal Information and Sensitive Personal Information with them, as permitted by applicable law and this Privacy Policy. Our partners may link this information to identifiers stored on your browser or device and may also collect your IP address, browser or operating system type and version, and demographic or inferred-interest information. They may use this information to recognize you across different channels and platforms over time for advertising, analytics, attribution, and reporting purposes.

For example, our partners may:

  • Deliver an ad to you in your web browser or on a social media platform based on a prior purchase or website visit;
  • Send you a personalized marketing email related to your activity on our Website; or
  • Help us create and share “audiences” (including through Meta and other platforms) with other businesses that we believe may be of interest to you.

We may also use automated decision-making to customize your experience or tailor the ads you see based on your Personal Information or Sensitive Personal Information.

Some content or applications, including advertisements on the Website, are served by third parties such as advertisers, ad networks and servers, content providers, social media providers, and application providers. These third parties may use cookies, pixels, web beacons, and similar technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or include data about your online activities over time and across different websites and other online services to show you advertising and content that may be more relevant to your interests.

Below are examples of third-party technologies and partners we work with:

  • Meta (Facebook) – We use Meta Pixels to record information about your use of our Website, including a hashed version of your Facebook ID and the URLs viewed. This information may be used by Facebook to provide interest-based advertising. For more information, visit Facebook’s Privacy Policy.
  • Instagram – When you use Instagram to log in to our app, we collect your username for authentication purposes. For more information, visit Instagram’s Data Policy.
  • LiveRamp and Trade Desk – We may use LiveRamp Authenticated Traffic Solution (ATS) and/or Trade Desk to help recognize user activities on our site. We may share information such as your hashed email, IP address, or browser information with these partners, who return an identification code used for online, in-app, and cross-channel advertising. Learn more or opt out at LiveRamp Privacy and Trade Desk Privacy.
  • Microsoft Advertising – We use Microsoft tools to capture website usage data through cookies and other technologies to better understand how users interact with our site and improve our products, marketing, and security. For more information, visit Microsoft Privacy Statement.
  • Google Analytics – We use Google Analytics and related advertising features to understand and analyze how visitors use our Services. This may include dynamic remarketing, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, display advertising, and impression reporting.
  • Retention.com – Certain retention marketers, including Retention.com, employ cookies and similar technologies to associate your visits to our Website with other personal information (such as your email or home address). We or our service providers may use this information to send marketing communications. You may opt out at https://app.retention.com/optout.

We and our vendors may combine information collected through cookies with other information we collect about you. We may also receive reports based on the use of cookies on both an individual and aggregated basis.

We do not control these third parties’ tracking technologies or how they may be used. Our Privacy Policy does not cover the use of information that an ad network or other third party may collect from you, and advertisements may appear on our Website, within our Services, or on third-party websites. If you have any questions about an advertisement, third-party tracking technology, or other targeted content, you should contact the third-party provider directly.

For information about how to opt out of targeted or behavioral advertising and manage cookies (including the categories used on the Website), please see Section 9 (Choices About How We Use and Disclose Your Information).

7. SELLING OR SHARING YOUR INFORMATION

We may share the following categories of Personal Information with third parties for the purposes of targeted advertising, cross-context behavioral advertising, and analytics:

  • Identifiers
  • Commercial information
  • Internet or other electronic network activity
  • Inferences

We do not sell personal information to any third parties for monetary or other valuable consideration and have not done so in the preceding 12 months. We may, however, engage in targeted advertising.

We sell and/or share this personal information with third parties for our advertising (including targeted advertising) and analytics purposes as well as for the advertising of third parties. The third parties to whom this personal information was sold and/or shared are advertisers and analytics vendors. When we use the terms sell, sold, or sale, we mean for valuable consideration and not monetary value. We do not sell your Personal Information for strictly monetary compensation.

We offer you the ability to opt out of sales and sharing of your personal information as set forth in Section 9 (Choices About How We Use and Disclose Your Information).

If you provide content to the Services, such as submitting comments or providing User Contributions, any information that you submit will become public. It may become accessible through search engines or, if 

you sign in using credentials from a third-party social networking service, to users on that service.

On3 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, or governmental request, to avoid liability, or to protect On3 and its affiliates’ rights or property.

We do not have actual knowledge that we sell or share the Personal Information of consumers under sixteen (16) years of age.

8. RETENTION OF INFORMATION

We will store your Personal Information for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the Personal Information was collected, or as may be required or permitted under applicable law. To determine the appropriate retention period, we will consider the amount, nature, and sensitivity of the data; the potential risk of harm from unauthorized use or disclosure of the data; the purposes for which we process the data and whether we can achieve those purposes through other means; and the applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period we will remove Personal Information from our systems and records or take appropriate steps to properly anonymize, deidentify, or aggregate it, where legally applicable.

9. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Also, you can find out more information about how to change your browser cookie settings at www.allaboutcookies.org. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
  • Promotional Offers from the Company. You may opt-out of receiving marketing emails from the Company by following the unsubscribe instructions in those emails. We may continue to send you transactional communications (e.g., emails regarding account notifications, customer support questions, and similar information) regarding your use of the Websites and Services. You cannot opt out of receiving these types of communications.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data or you can opt-out by sending us an email with your request to [email protected]. 
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email with your request to [email protected]. 
  • Interest-Based Advertising. In some instances, you can opt-out of receiving interest-based online ads from us, third party advertisers and ad networks. We do not control third parties’ collection or use of your information to serve interest-based advertising. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following Website:

§  NAI Website (US): https://optout.networkadvertising.org/?c=1

§  DAA Website (US): https://optout.aboutads.info/?c=2&lang=EN

Be advised that these opt-out tools are provided by third parties and may not be available with respect to all interest-based advertising that is presented to you nor may the links provided above continue to be operable. We do not control or operate these tools or the choices that advertisers and others provide through these tools. Even if you opt out of receiving interest-based advertising, you may still receive generic ads.

  • Analytics Providers. We may use third party web analytics services such as, without limitation, the ones identified below to measure the effectiveness of our advertising and determine how visitors use the website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and zip code from which our visitors come and the IP addresses of our visitors’ computers. Some of these providers have their own opt-out mechanisms.

We do not control third parties’ use of your information to serve interest-based advertising once we have given permission to our business partners to set cookies, pixels, or other tracking technologies, unless you choose to opt out by sending us an email at [email protected]. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

We will not collect, use, or disclose your Personal Information or Sensitive Personal Information in ways or for purposes materially different from those set forth in this Privacy Policy. If we wish to do so in the future, we will provide notice and an opportunity to opt out of such proposed collection, use, or disclosure.

Be advised that we may continue to send you transactional communications (e.g., emails regarding account notifications, customer support messages, and similar information) regarding your use of the Website and Services. You cannot opt out of receiving these types of communications.

We offer our users certain choices related to their Personal Information. If you are a California resident, you may have additional rights under state law, which are described in the “California Privacy Rights” section below. We will not discriminate against you for exercising any of these privacy choices.

You have the right to:

  • Confirm that we process your Personal Information or request a copy of the Personal Information and Sensitive Personal Information we hold about you;
  • Request correction or deletion of inaccurate information, taking into account the nature of the Personal Information and our purposes for processing it. Customers with registered accounts can access and/or update account information by signing in;
  • Object to processing of your Personal Information and Sensitive Personal Information under certain circumstances;
    Request that we delete or restrict processing of your Personal Information and Sensitive Personal Information;
    Request to opt out of the following uses of your Personal Information: (a) targeted advertising; (b) the sale of Personal Information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects;
    Receive your Personal Information and Sensitive Personal Information in a structured, machine-readable format and/or request its transfer to another controller, where technically feasible; and
  • Withdraw consent previously provided for processing.

To exercise these rights or for any questions about this Privacy Policy, you may contact us by emailing [email protected]. You may also use an authorized agent to submit requests as permitted under applicable law.

If we are unable to process your request relating to your Personal Information, we will notify you of the reason. If your privacy rights request has been denied and you believe it was denied in error, you may appeal for reconsideration by emailing [email protected].

Please note that opting out of the sale or sharing of your information for interest-based advertising does not mean you will stop seeing ads, and information collected before your opt-out request may still be used for such purposes. If you choose to use the Global Privacy Control (GPC) browser signal, it will only apply to online sales and sharing for targeted and cross-context behavioral advertising and must be activated in each browser you use.

On3 members and subscribers may access and correct their contact information by logging into their account. We may decline requests to change information if we believe doing so would violate any law or cause the information to be incorrect.

If you make a privacy rights request, we will retain the Personal Information submitted in connection with your request for record-keeping purposes.

10. US STATE LAW DISCLOSURES 

  • California

For additional information for residents of the State of California click here

  • Nevada

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to [email protected].  If you change your email address elsewhere in our Services, that change will not update your Nevada notice contact information. It is your responsibility to keep your Nevada notice contact information current.

  • Additional US State Law Disclosures

Targeted Advertising. We may process your Personal Information for targeted advertising (as the term is defined in by applicable laws and regulations). To opt out of targeted advertising please vemail us at [email protected].

Profiling. At present, we do not use Automatic Processing without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you. Automatic Processing means decisions made without human involvement producing legal or similarly significant effects on an individual involving biometrics, creditworthiness, critical infrastructure, or essential benefits.

Oregon and Minnesota residents may also request a list of specific third parties to which we disclosed Personal Information. Delaware residents may request a list of the categories of third parties to which we have disclosed your Personal Information. To make such a request, please contact us at [email protected].

11. INFORMATION SECURITY

On3 takes reasonable technical, administrative, and physical measures to help protect your Personal Information and Sensitive Personal Information from unauthorized access, use, alteration, or disclosure. We also employ procedural and technical safeguards to help reduce the risk of loss, misuse, or alteration of the information we process. Any payment transactions will be encrypted. We request third parties with whom we share Personal Information and Sensitive Personal Information to maintain comparable security measures.

Despite these efforts, no security system is infallible. Such measures may not prevent all loss, misuse, or alteration of information, and On3 is not responsible for any damages or liabilities resulting from security failures, unauthorized access, or other incidents beyond our reasonable control. By using the Website or Services, you understand that there is a risk that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties. Nothing in this section affects any liability that cannot be excluded or limited under applicable law.

The safety and security of your information also depend on you. Where we have provided you (or you have chosen) a password for access to certain parts of our Website or Services, you are responsible for keeping this password confidential. We ask that you do not share your password or other sensitive login information with anyone. On3 cannot be responsible for a data breach or other incident resulting from unauthorized use of your password.

We also urge you to use caution when sharing personal information in public areas of the Website, such as message boards or forums. Information you share in these areas may be viewed or used by other users or third parties. Unfortunately, the transmission of information via the Internet is not completely secure, and any transmission of Personal Information is at your own risk.

The Website(s) or Services may include links to Website or other online properties that are not under our control. On3 shall have no responsibility or liability for the content or privacy practices of any such linked website or any link or linking program at any time. If you click on a link on our Website(s) and link to a third party’s website, then this Privacy Policy will not apply to your Personal Information and Sensitive Personal Information collected on that third party’s website and you must read the privacy policy on that website to see how your information will be handled.

Social media widgets or tools may appear on our Website(s) or Services. Your interaction with and use of these widgets or tools will be governed by the terms of use and privacy policy of the applicable social media provider (e.g., Facebook).

13. ARTIFICIAL INTELLIGENCE FEATURES, MACHINE LEARNING, AND RELATED TOOLS

We may use generative artificial intelligence, machine learning, or related tools, such as chatbots (“AI”) to improve, develop, and deliver our Services. We may use AI to analyze how our Services are used and interacted with, or to process certain content our visitors and members send or display through our Services, including by conducting data analytics to develop insights about your use of our Services, needs, and preferences, so we can make more informed predictions, recommendations, and improve our products and Services. Some of the AI technologies we use, including chatbots, allow us and our vendors to monitor and analyze how visitors use our Services to better understand user behavior and improve our Services and our advertisement campaigns and the ads of our partners. When you interact with us online, information related to your behavior may be collected by us and our vendors.

14. CHILDREN’S PRIVACY

Our Website is not intended for children under 13 years of age. We do not knowingly collect Personal Information or Sensitive Personal Information from children under 13 on the Website. If you are under 13, do not use or provide any information on the Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information or Sensitive Personal Information from a child under 13 without verification of parental consent, we will delete that information.If you believe we might have any information from or about a child under 13, please contact us at [email protected].

To the extent that We develop a service or portion of the Service that is intended for children, such service or portion of the Service shall be subject to additional Children’s Privacy terms available at such website, which will supersede these terms to the extent there are any conflicts.

You must be 18 years of age or older to purchase any content, product, or service offered by us through the Service. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. We do not otherwise knowingly collect Personal Information and Sensitive Personal Information from anyone under the age of 18 without permission. California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information or Sensitive Personal Information. For more information, please see the California Privacy Rights.

15. DELETING YOUR ACCOUNT

If you wish to delete your user account, please contact us at [email protected]. We will process your request and delete your account along with any associated data within a reasonable timeframe. Please note that certain information may be retained to comply with legal obligations or for legitimate business purposes.

16. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

17. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below

On3 Media, Inc.

2970 Foster Creighton Drive

Nashville, TN 37204