Last Updated: October 5, 2018
Thank you for accessing the PROVEIT™ mobile application ("App") and/or the PROVEIT™ website located at www.playproveit.com (the "Site"). The App and Site are owned, operated and made available by Nobel Trivia LLC ("Company," "we," "our" or "us"). Capitalized terms not defined herein shall have the meaning set forth in the PROVEIT™ Mobile Application End-User License Agreement and Website Terms and Conditions ("Terms").
Apple® and Apple Pay® are registered trademarks of Apple, Inc. ("Apple"). Facebook® and Instagram® are registered trademarks of Facebook, Inc. ("Facebook"). PayPal® is a registered trademark of PayPal, Inc. ("PayPal"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that the Company is not in any way affiliated with Apple, Facebook, PayPal or Twitter, and the PROVEIT™ Offerings are not endorsed, administered or sponsored by Apple, Facebook, PayPal or Twitter.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your "personal information" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please email us as at: firstname.lastname@example.org; call us at: (813) 852-5846; or send us mail to: Nobel Trivia LLC, 8601 Six Forks Rd., Ste. 400, Raleigh, NC 27615.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please email us as at: email@example.com; call us at: (813) 852-5846; or send us mail to: Nobel Trivia LLC, 8601 Six Forks Rd., Ste. 400, Raleigh, NC 27615. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personally Identifiable Information Collected
Company collects certain personally identifiable information from Users, as applicable, when Users register, or attempt to register, as Users, download the App and/or enter a Game. In order to utilize certain of the PROVEIT™ Offerings (including the App), Users may be required to submit a registration Form with information that varies depending on which PROVEIT™ Offerings the Users are attempting to access.
The information that each User must supply on the applicable Form may include, without limitation: (a) the User’s full name; (b) the User’s user name and password; (c) the User’s e-mail address; (d) the User’s billing address; (e) the User’s date of birth; (f) the User’s telephone number; (g) the User’s credit and/or debit card information (where that is the preferred Payment Method); (h) the User’s PayPal® account information (where that is the preferred Payment Method); (i) the User’s eCheck account information (where that is the preferred Payment Method); (j) the User’s Social Security Number; (k) the User’s Apple account passcode (where Apple Pay® is the preferred Payment Method); and/or (l) any other information requested by Company on the applicable Form. Where a User accesses certain of the PROVEIT™ Offerings using her/his Facebook® account, Company may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (i) the User’s e-mail address; (ii) the information listed in the "About Me" section of the User’s Facebook® account; (iii) the "interests" associated with the User’s Facebook® account; (iv) the User’s Facebook® account ID and the "likes" associated with the User’s Facebook® account; and (v) any other information collected via the Facebook® account interface, depending on the User’s Facebook® account settings.
Use of Personally Identifiable Information
By submitting your personal information by and through the PROVEIT™ Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information (other than Sensitive Information) to any third-party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third-parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We will also use your personal information to send you promotional messages regarding various Company products and/or services, as well as third-party products and/or services that we think may be of interest to you. We may also use the Contact Information of your Contacts, at your suggestion, to invite your Contacts to use the PROVEIT™ Offerings and/or to join you in a Game.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the App and Site, as well as to facilitate the delivery of the applicable PROVEIT™ Offerings to you, including to respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the PROVEIT™ Offerings, and to keep you informed of our other products and services.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing credit card transactions, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service and/or to provide you with information that you may request. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the PROVEIT™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the PROVEIT™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We reserve the right to release current or past personal information (including Sensitive Information): (A) in the event that we believe that the PROVEIT™ Offerings are being or have been used in violation of the Agreement or to commit unlawful acts; (B) if the information is subpoenaed or requested pursuant to a court order or in connection with an ongoing law enforcement investigation; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the applicable subpoena/request prior to disclosure of any personal information in connection with same; (C) to comply with a legal obligation including sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time; (D) to protect and defend the rights or property of the Company and/or its other Users; (E) to act in urgent circumstances to protect the personal safety of Users or the public; (F) to protect against potential legal liability; and/or (G) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.
Without limiting the foregoing, and subject to the restrictions placed on our ability to disclose Sensitive Information, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate.
Credit and/or Debit Card Transactions
Social Media Websites
If you engage in any interaction with Company, other Users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on the privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Company responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Company’s social media accounts.
You may also have the option of posting your PROVEIT™ Offerings activities to Social Media Websites (for example, you may post a message and/or a Victory Video to a Social Media Website when you win a Prize in a Game). You acknowledge that if you choose to use such features on any participating Social Media Website, your friends, followers and subscribers on the applicable Social Media Website will be able to view such activity.
We are not responsible for the personal information that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from Company, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Non-Personal Information Collection and Use
Company reserves the right to share your personal information with third-party advertisers and marketers on an aggregate, non-personally identifiable basis. Such information will include broad demographic categories about Users, their preferences, activities, locations and other information; provided, however, that such aggregate information will never be linked to any personally identifiable information.
Mobile Device Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) iOS Identifier for Advertising (if applicable); (g) iOS Identifier for Vendors (if applicable); (h) Media Access Control (MAC) address; (i) International Mobile Equipment Identity (IMEI); (j) the model type, manufacture and iOS version and/or Android version of the Mobile Device; (k) your App session start/stop time and date; and (l) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the PROVEIT™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze PROVEIT™ Offerings usage, alter existing PROVEIT™ Offerings and/or develop new or different PROVEIT™ Offerings.
Please be advised that, with your permission, Company uses geolocation tracking technology ("Location Services"): (a) in order to verify your location for purposes of confirming your presence in an Eligible State in connection with your potential participation in the Games; (b) for statistical analysis in connection with analyzing and managing our service offerings including, without limitation, the PROVEIT™ Offerings; (c) to provide Users with location-specific Content including, without limitation, location-specific Questions for Trivia Games. If you do not permit Company to verify your location, you will not be able to participate in the Games and win Prizes; and (d) to provide you with targeted email marketing messages from Company, as well as Company’s third-party marketing partners ("Geo-Targeted E-mail"). In connection with the foregoing, your geolocation information may be shared with third-party marketing partners for purposes of facilitating the delivery of Geo-Targeted E-mail.
Other than as set forth in the preceding paragraph, Company does not track your geolocation, or share or use your geolocation information, for any other purpose.
Cross Device Tracking
Company tracks Users’ use of the PROVEIT™ Offerings across various devices, including your personal computer and Mobile Device, in order to optimize and personalize your PROVEIT™ Offerings experience, including by better tracking your Game participation. Company may collect certain of your personal information across various devices. If you would like to opt-out of having your use of the PROVEIT™ Offerings tracked across multiple devices, please e-mail us at: firstname.lastname@example.org. Please be advised that where you opt-out of having your use of the PROVEIT™ Offerings tracked, you may be unable to fully utilize certain of the PROVEIT™ Offerings.
Most computers and Mobile Devices are initially set up to accept Cookies, but you can reset your Internet browser and/or Mobile Device to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with the Internet browser installed on your computer and/or Mobile Device, as applicable. Even in the case where a User rejects a Cookie, he/she may still use the PROVEIT™ Offerings; provided, however, that the User’s ability to utilize certain features of the PROVEIT™ Offerings may be impaired. We reserve the right to retain Cookie data indefinitely.
Where you post a Victory Video on any Social Media Website or other online venue, you irrevocably grant to Company the worldwide right and license to use, reuse and publish that Victory Video, in any and all forms of marketing and promotional material including, without limitation, print advertisements ("ads"), online ads, ads and other promotions appearing on Company’s Social Media Pages and other Social Media Websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You understand and agree that: (a) the Victory Video, in whole or in part, may be edited and/or dramatized, and that any part of the Victory Video may be used without compensation to you; and (b) no ad or other material incorporating or making reference to the Victory Video need be submitted to you for approval and Company shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Victory Video.
The PROVEIT™ Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, the Download Venues and Social Media Websites. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third-party entities are independent third-parties and are not affiliated with us.
We endeavor to safeguard and protect all User personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any User personal information offline). Where our registration/application process prompts Users to enter Sensitive Information (such as credit card information), and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All User personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other PROVEIT™ Offerings or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Our Commitment to Children’s Privacy
Company does not knowingly solicit or collect personal information from individuals under eighteen (18) years of age (or nineteen (19) years of age for residents of Alabama and Nebraska, or twenty-one (21) years of age for residents of Massachusetts).
Company encourages parents to spend time online with their children and to participate and monitor the interactive activities of their children. If you believe that your child or minor has submitted personal information to Company, then you may contact Company via e-mail at: email@example.com.
To opt-out of receiving e-mail communications or other marketing messages from us, you can follow the instructions associated with the applicable marketing message or e-mail us at: firstname.lastname@example.org. To opt-out of receiving Text Alerts, you can follow the instructions associated with the applicable Text Alert or e-mail us at: email@example.com. To opt out of receiving e-mail communications from third-parties, please follow the instructions associated with such third-party e-mail communications.
Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your request for PROVEIT™ Offerings, including in connection with your participation in Games, as well as to respond to any inquiry or request made by you. To opt-out of receiving PROVEIT™ Offerings-related and inquiry response-related messages from Company, you must cease requesting and/or utilizing the PROVEIT™ Offerings and cease submitting inquiries to Company, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: firstname.lastname@example.org. We ask individual Users to identify themselves and the personal information requested to be accessed, corrected or removed before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the PROVEIT™ Offerings, including the Games, and interfere with our ability to provide you with Prizes and/or money deposited in your Account. If you wish to continue using the full complement of PROVEIT™ Offerings, and receive any all applicable Prizes and/or amounts in your Account, you may not be able to delete all of the personal information that we have on file for you.
Transfer of Personal Information Internationally
Filing a Complaint with the Federal Trade Commission
To file a complaint regarding our privacy practices, please Click Here.