Privacy Policy

Privacy Policy

Last updated: March 1, 2025

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 “Website”) and other online applications, products, services, and experiences we offer (collectively, the “Services”).

This Privacy Policy explains what information, including Personal Information and Sensitive Personal Information, 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 Sensitive 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).

Any information that is collected via our Services is covered by this Privacy Policy at the time such information is collected. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). 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. 

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. 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. 

Table of Contents

Scope of this Privacy Policy

Collection of your Information

         Personal Information

         Sensitive Personal Information

Children’s Privacy

How We Collect Information About You

         Information You Provide to Us

         Information We Collect Through Automatic Data Collection Technologies

         Information We Collect from Other Sources

         Social Features

Third-Party Use of Cookies and Other Tracking Technologies

How Do We Use Your Personal Information?

Disclosure of Personal Information

Choices About How We Use and Disclose Your Information

Selling or Sharing Your Information

Retention of Information

Your Rights

Your California Privacy Rights

         “Shine The Light” Law

         California Consumer Privacy Act and California Privacy Rights Act (CCPA)

Security

Do Not Track

Deleting Your Account

Changes to Our Privacy Policy

Contact Us

Scope of this Privacy Policy

This Privacy Policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and On3.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• The On3 Elite mobile application, desktop application, iOS application, and Android application.

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.

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.

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 PI	Examples of PI Collected	Categories of Sources from which PI was Collected	Purposes for PI Collection
Identifiers	real 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 classifications	Age and date of birth, sex, and gender	• You • Your devices • Business partners and vendors	• Delivering products and services • Marketing
Commercial information	Products 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 information	Browsing 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 information	Audio 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 Collected	Customer 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

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.

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 Information	Information 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

Children’s Privacy

Our Website is not intended for children under 13 years of age and we do not knowingly contact or collect information from persons under the age of 13. If we learn we have collected or received personal information from a child under 13, 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].

How We Collect Information About You

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 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.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, social media providers, and application providers. These third parties may use cookies, pixels, web beacons, or other tracking technologies to collect information about you when you use our Website. Below are third parties with whom we partner:

·   Facebook. We use Meta Pixels to record information about the way you use our Website, which allows user behavior to be tracked by Facebook. Each of our web pages contains a pixel to record information about the user’s browser session, which it sends to Facebook, along with a hashed version of the Facebook ID and the URL viewed. The information collected may be associated with your Personal Information or may include Personal Information about your online activities over time and across different websites and other online services. Facebook may use this information to provide you with interest-based (behavioral) advertising or other targeted content. For more information about Facebook’s privacy policy, including how you can manage or delete your information, please visit https://www.facebook.com/privacy/policy/.

·   Instagram. We collect certain information from your Instagram account when you use Instagram to log in to our app. This information includes your username and is used solely for authentication purposes to provide you access to your account. For more information about Instagram’s data policy, including how you can manage your privacy settings, please visit https://help.instagram.com/155833707900388.

·   LiveRamp and/or Trade Desk. We may use LiveRamp Authenticated Traffic Solution (ATS) and/or Trade Desk to help us recognize the activities of users on our site. When you use our Website, we share information that we collect from you, such as your email (in hashed form), IP address, or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising, and it may be shared with advertising companies to enable interest-based and targeted advertising. For more information about LiveRamp, please visit https://liveramp.com/privacy/. To opt-out of the sharing of your personal information with LiveRamp, please visit https://liveramp.com/opt_out/. For more information about Trade Desk, please visit https://www.thetradedesk.com/us/privacy. To opt-out of the sharing of your personal information with Trade Desk, please visit https://adsrvr.org/.

·   Microsoft Advertising. We partner with these providers to capture how you use and interact with our Website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit https://www.microsoft.com/en-us/privacy/privacystatement.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, third-party tracking technologies, or other targeted content, you should contact the third-party provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How Do We Use Your Personal Information?

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);
• To personalize your Website experience and deliver content and product/service offerings relevant to your interests, including targeted offers and ads through the Website, third-party sites, and via email; and
• Carry out any other purpose described to you at the time the information was collected. 

See “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.

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 Information	Recipients of Information	Purpose(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

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 Media Inc., 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.

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. 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.
• 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]. 
• 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.
• 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]. 
• 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.
  • Google Analytics – We use Google Analytics to help us manage and improve the Website and Services. Google provides a Browser Add-On that allows you to opt-out by downloading and installing the add-on for your web browser, available at https://tools.google.com/dlpage/gaoptout.
  • Spiny AI – We use Spiny AI to help us manage and improve the Website and Services. For more information, visit Spiny AI’s Privacy Policy.
  • Twitter/X Pixel – We use Twitter/X Pixel to help us manage and improve the Website and Services. For more information, visit Twitter/X’s Privacy Policy.
  • Piano – We use Piano to help us manage and improve the Website and Services. For more information, visit Piano’s Privacy Policy.
  • Sailthru by Marigold – We use Sailthru to help us manage and improve the Website and Services. For more information, visit Sailthru by Marigold’s Privacy Policy.
  • Quantcast – We use Quantcast to help us manage and improve the Website and Services. For more information, visit Quantcast’s Privacy Policy.
  • TripleWhale – We use TripleWhale to help us manage and improve the Website and Services. For more information, visit TripleWhale’s Privacy Policy.
  • Comscore – We use Comscore to help us manage and improve the Website and Services. For more information, visit Comscore’s Privacy Policy.
  • Raptive. We use CMI Marketing, Inc., d/b/a Raptive (“Raptive”) for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, visit:  Raptive’s Privacy Policy. 

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 such cookies, pixels, or other tracking technologies unless you choose to opt-out by sending us an email with your request to [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 and Sensitive Personal Information in any ways or for any purposes that are materially different from those set forth herein. However, 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.

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 offer you the ability to opt out of sales and sharing of your personal information as set forth in the “Right to Opt Out of Sales and Sharing of Personal Information” section below.

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 law, regulation or governmental request, to avoid liability, or to protect On3’s rights or property.

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.

Your Rights

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to [email protected].  California residents may have additional rights as described below.

Email subscribers and subscribers of paid content may access and correct their contact information on file by accessing their account online. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

“Shine The Light” Law

California residents with whom On3 has an established relationship have the right to request certain information with respect to any Personal Information and Sensitive Personal Information On3 may have shared with third parties for their direct marketing purposes. Alternatively, On3 may provide a cost-free means to opt out of such sharing. On3 has opted to provide you with a cost-free means to opt out of such sharing. If you do not want On3 to disclose your Personal Information and Sensitive Personal Information to other companies for their marketing purposes, please contact us using at [email protected].

For California residents under the age of 18 and registered users of the Website or Services, California law (Business and Professionals Code § 22581) provides that you can request the removal of content or information you posted on the Website. Any such request should be sent to us at [email protected] along with a description of the posted content or other information to be removed. Be advised, however, that applicable law may not permit us to completely or comprehensively remove your deleted content.

California Consumer Privacy Act and California Privacy Rights Act (CCPA)

Under CCPA, California residents may be able to exercise additional rights listed below in accordance with the laws of the State of California independently or through an authorized agent: Right to Correct, Right to Know, Right to Delete and Right to Opt Out.

Right to Correct. If you believe that Personal Information or Sensitive Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Know. You have the right to request that we disclose the following information for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than twice in a 12-month period. You have the right to know what Personal Information we have collected about you, which includes:

The categories of Personal Information we have collected about you, including:

·   The categories of sources from which the Personal Information was collected

·   Our business or commercial purposes for collecting, sharing, or disclosing Personal Information

·   The categories of recipients to which we disclose Personal Information

·   The categories of Personal Information that we shared, and for each category identified, the categories of third parties to which we shared that particular category of Personal Information

·   The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information

The specific pieces of Personal Information we have collected about you: Where required by law, we will provide this information in a portable and, if technically feasible, readily usable format.

Right to Delete Your Personal Information. You have the right to request that we delete Personal Information and Sensitive Personal Information we have collected from you, subject to certain exceptions. Under the CCPA, we may decline to delete your Personal Information under certain circumstances, for example, if we need the Personal Information to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your Personal Information that we did not collect directly from you.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information and Sensitive Personal Information, and to request that we do not share your Personal Information and Sensitive Personal Information for cross-context behavioral advertising. To opt-out, please click here or use the “Do Not Sell or Share My Personal Information” link contained in the footer of the On3 website. Please note that opting-out of the sale of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and your information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes.

Alternatively, to submit a request to exercise any of your California privacy rights, please contact us via email at [email protected].

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

Rights Related to Automated Decision-Making. You have the right to opt out of automated decision-making, including profiling, that we use to evaluate certain personal aspects relating to your health, personal preferences, interests, behavior, location, or movements.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

You may use an authorized agent to submit requests. We do not discriminate against a user if they exercise any of the rights available under the CCPA. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data and permitted under the law. We will make a good faith estimate of the value of the consumer’s data based on relevant expenses related to the collection and retention of Personal Information as part of each such program.

In addition, we may offer you financial incentives for the collection, sale, and retention and use of your Personal Information and Sensitive Personal Information as permitted by applicable state laws that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in our Terms of Service. Please note that participating in incentive programs is entirely optional. You will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

We will not fulfill a request pursuant to CCPA unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information and/or Sensitive Personal Information. We will take appropriate steps to confirm the identity of a consumer making a request for purposes of verifying the authenticity of the request. You may be required to provide certain Personal Information to allow us to verify that you are the consumer about whom the request is being made. If you request that we provide you with specific pieces of Personal Information about you, we will apply heightened verification standards. An authorized agent may submit a request on behalf of a consumer if the consumer has provided the authorized agent with power of attorney in accordance with necessary state law; alternatively, the agent must (1) present verifiable written authorization from the consumer that the agent has the consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with On3. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome. Some Personal Information we maintain about consumers is not sufficiently associated with enough Personal Information about the consumer for us to be able to verify that it is a particular consumer’s Personal Information. Accordingly, we will not include such information in response to consumer requests. If we cannot comply with a request, we will explain the reasons in our response. We will use Personal Information provided in your request only to verify your identity or authority to make the request and to track and document request responses unless you also provided the Personal Information to us for another purpose.

We do not sell or share the Personal Information and Sensitive Personal Information of consumers we actually know are less than 18 years of age, unless we receive affirmative consent (the “right to opt-in”) from the consumer who is between 13 and 18 years of age. Consumers who opt-in to Personal Information or Sensitive Personal Information sales or sharing may opt-out of future sales or sharing at any time. For more information about our efforts to protect children’s privacy, see our Notice and Children’s Privacy Policy.

Please note that while CCPA rights do apply to Personal Information collected from job applicants and employees, this Privacy Policy only covers those individuals in their capacity as users of our Website.

Security

We take reasonable technical, administrative, and physical measures to help protect your personal information from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted. We request third parties with whom we share Personal Information and Sensitive Personal Information to do the same.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out personal information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk.

Do Not Track

Please note that we do not alter our Website’s data collection and use practices when we see a Do Not Track signal from your browser. 

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.

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.

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