Privacy Policy

Samples Avenue™ Privacy Policy

LAST UPDATED: December 20, 2019

Thank you for visiting the Samples Avenue™ website located at www.samplesavenue.com (hereinafter the “Site“). The Site is an Internet property of Tagadamedia, LLC (“Samples Avenue™,” “we,” “our” or “us“). This Samples Avenue™ Privacy Policy (“Privacy Policy“) covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“user,” “you” or “your“): (a) accesses or uses the Site; (b) accesses the Site’s viewable text, graphics and other material (collectively, “Content“); (c) accesses the sample program (“Sample Program“) that will enable you to register for the opportunity to receive free samples and other discounted merchandise (collectively, the “Samples“) as made available on the Site by third party product and/or service providers (collectively, the “Merchants“); and/or (d) enters certain promotions, contests and/or sweepstakes offered by Samples Avenue™ by and through the Site, and otherwise, from time to time (collectively, “Promotions,” and together with the Site, Content, Sample Program and Samples the “Samples Avenue™ Offerings“).

Capitalized terms not defined herein shall have the meanings set forth in the Samples Avenue™ Terms and Conditions (“Terms and Conditions“). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SAMPLES AVENUE™ OFFERINGS.

When you register on our Site, you hereby agree and acknowledge that your personal information will be placed into the Samples Avenue™ database and that such personal information shall be shared with third parties for marketing purposes.

NOTICE OF COLLECTION OF PERSONAL INFORMATION

This Policy provides notice to users, including those who are California residents and fall within the definition of “consumers” as provided for in the California Consumer Privacy Act of 2018 (“CCPA”), that we collect Information.  As required by the CCPA, the following sections of the Policy also details the categories and sources of Information collected and the business and commercial purposes for the collected Information.  We also include a description of rights afforded to California consumers at  “RIGHTS OF CALIFORNIA USERS WITH REGARD TO THEIR INFORMATION” including rights to know the Information we have collected and sold and  the right to opt-out from the sale of Information and the right to deletion.

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 we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: contactus@tagadamedia.com; send mail to: Tagadamedia LLC, 350 Lincoln Rd., Miami, FL 33139; or call us at: 1-855-378-7943.

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 e-mail us at: contactus@tagadamedia.com; send mail to: Tagadamedia LLC, 350 Lincoln Rd., Miami, FL 33139; or call us at: 1-855-378-7943. 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.

Browser “Do Not Track” Signals.  Most browsers contain a “do-not-track” setting.  In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for interest-based advertising.  As required by CalOPPA, we are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a user to one of our Websites has activated the “do-not-track” setting on her/his browser.

NEVADA PRIVACY RIGHTS

Nevada State residents have the right to submit opt-out requests to website operators instructing those website operators not to sell any “covered information” that the website operators have collected about the Nevada State residents to any third party data broker(s).  Covered information includes a consumer’s name, postal and email addresses, telephone number and Social Security Number, and includes the Information described above in the “TYPES/CATEGORIES OF INFORMATION WE MAY COLLECT REGARDING USERS” section.  If you are a Nevada State resident and you wish to exercise your right to request that we to stop the sale of your Information to third party data brokers, please submit your request by clicking on the link “Do Not Sell My Personal Info” or emailing contactus@tagadamedia.com with the subject line “Nevada Privacy Rights.”  In your request, please specify that you want to exercise your rights to opt-out from the sale of covered information under the Nevada Privacy Law and specify the Website that you visited and the email address you registered with.  Please allow thirty (30) days for a response.

Personal Information that We Collect

We collect your personally identifiable information when you register for a Site account (“Account“) and/or access the Samples Avenue™ Offerings, enter a Promotion and/or qualify for a Sample, by and through the Site. We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy, but do not complete the applicable registration process in full. The types of personally identifiable information that we collect at the Site include, without limitation: (a) your full name; (b) your full mailing address; (c) your telephone number; (d) your e-mail address; (e) your date of birth; (f) your gender; and (g) any other information requested on the Form.

How We Use Personal Information

By submitting your personal information by and through the Samples Avenue™ Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal 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 Samples Avenue™ 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 employ third parties and individuals to perform certain functions on our behalf including helping us operate the Samples Avenue™ Offerings and/or to administer related activities on our behalf. Examples include 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 their functions for us but we do not permit them to use user personal information for other purposes.

Additionally, we purchase and manage e-mail lists generated by third parties. Users may remove themselves from a specific mailing list by utilizing the unsubscribe options that are present and available at the end of each piece of e-mail that we send.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you through the Samples Avenue™ Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources.

By registering at the Site, 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.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA“), you consent to receive telephone calls from Samples Avenue™ and any specified Third-Party Provider(s), including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Samples Avenue™ Offerings, and your consent simply allows Samples Avenue™ and any specified Third-Party Provider(s) to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Samples Avenue™ of the Phone Number Change via e-mail at: contactus@tagadamedia.com, or by using one of the methods set forth in the “Contact Us” section below.

We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our products, services and/or Site: (i) in violation of the Terms and Conditions, this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iv) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of our assets, you will be notified via e-mail 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; and/or (v) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information with/to any third party for any and all uses permitted by this Privacy Policy and applicable law.

Non-Personally Identifiable Information

Demographic Information and Aggregate Data

Aggregate and demographic data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. We use demographic information to tailor the Samples Avenue™ Offerings to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.

We reserve the right to provide aggregate data about our users for lawful purposes. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any aggregate data, record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.

Your IP Address

Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features contained within the Site.

Cookies and Action Tags

Cookies

The first time that a user provides an e-mail address in connection with her/his activities at the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user’s PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user’s e-mail address. If, at any time, a user provides other information in connection with her/his activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user’s e-mail address, in our user database. We may use the information stored in our database: (a) to effectuate the purpose or transaction for which the information was originally provided by a user; (b) to pre-populate information fields in the event that user wishes to purchase products and/or services or sign up for and/or subscribe to services, promotions or other offers in the future; (c) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (d) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. To find out more about cookies, please visit www.cookiecentral.com. To disable and reject cookies, adjust the settings via the toolbar options menu of your Internet browser. Cookies placed by members of the Digital Advertising Alliance may be opted out of by visiting optout.aboutads.info.

Action Tags, Web Beacons and other Data Collection Methods

An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements and/or other information on the Site. Action tags are 1×1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely, and to share information generated by these cookies and action tags with our advertisers, affiliates and service providers.

Behavioral Tracking

Samples Avenue™ uses cookies and other tracking technology on the Site for purposes of tracking users’ activities after they leave the Site. Samples Avenue™ uses this tracking technology to target applicable users with advertisements regarding the Samples Avenue™ Offerings and other products and/or services that Samples Avenue™ thinks may be of interest to applicable users. In addition, third parties, such as Google®, may engage in a similar form of behavioral tracking of users that visit the Site. Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.

Other Websites

The Samples Avenue™ Offerings may contain links to other third-party owned and/or operated websites including, but not limited to, the websites of our Merchants and Third-Party Providers. Samples Avenue™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Samples Avenue™ has no responsibility or liability relating to them.

Third-Party Offers

Samples Avenue™ provides its users with the opportunity to receive special offers, products and/or services from third parties including, but not limited to, our Merchants and Third-Party Providers. Where you indicate the desire to receive certain offers, products or services from a third party during the applicable information collection process, your personally identifiable information that was provided during that Samples Avenue™ information collection process will be shared with the applicable third party so that such third party may provide its product or service to you and so that you do not have to complete another information collection form (or re-supply the same information) to purchase or receive that product or service.

WELLNESS INFORMATION

Our surveys may ask health-related questions which we may share with our third-party marketing partners who advertise health-related products and services on our Websites, or who otherwise promote health-related products or services. We will use this health information – with your consent – to display offers for health-related products and services or to provide Information to these providers so they can contact you.

MEDICARE SUPPLEMENT PLANS DISCLOSURE

Some of our third-party advertisers offer Medicare Supplement plans.  Medicare Supplement plans are not connected with or endorsed by the U.S. Government or the Federal Medicare program and all related offers on our Websites comply with applicable Federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability, or sex.

Security

The privacy of your personal information is very important to us. As such, we endeavor to safeguard and protect our users’ 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 personal information offline).

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. 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 can be guaranteed to be 100% secure.

Computer 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 constitutes 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 by or through the Samples Avenue™ Offerings is at your own risk.

All of our users’ personal information is restricted in our offices. Only employees or third party agents who need personal information to perform a specific job function 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. 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.

Minors

No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). Persons eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to access the Samples Avenue™ Offerings and we do not knowingly collect personal information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

CALIFORNIA NOTICE REGARDING CATEGORIES, SOURCES AND BUSINESS AND COMMERCIAL USES OF INFORMATION

The following chart contains the categories of information, as enumerated in CCPA Sec. 1798.140(o), of Information we collect, use, disclose and sell, the sources of the Information and our business and commercial uses of such Information:

Category Category Name/Description 1. Sources 2. Business Use 3. Commercial Use
A Identifiers – name, postal, email and IP address, telephone number User provided on registration, customer service inquiries and claim forms; related and 3rd party sources to verify and/or augment user supplied information Operational purposes including determining survey questions, optional offers and deals to be displayed; customer service; fraud & security incidence detection; pre-population of user forms; website improvement Sold to third parties for marketing purposes; shared with third parties to determine deals to be offered and to pre-populate order forms
B Personal information categories listed in the California Customer Records statute – Identifiers and education, employment medical and health information As above, plus user responses to survey questions Same as 2. A Same as 3. A and to target sales of Information to third parties
C Protected classification characteristics under California or federal law – Age, marital status, medical condition, physical or mental disability, sex and related medical conditions Same as 1. B Same as 2. A Same as 3. B
D Commercial information – products or services purchased, obtained, or considered, or other purchasing data User provided customer service inquires and claim forms, from 3rd party advertisers and system collected website activity logs Same as 2. A and to determine entitlement to rewards and amounts owed by advertisers and data purchasers Determine amounts owed by advertisers and data buyers and performance of data campaigns
E Internet or similar network activity -browsing and search history, information on a consumer’s interaction with a website, application, or advertisement System collected activity logs and cookies Same as 2. A and to determine (i) whether user is a repeat visitor; (ii) performance of and amounts owed to paid media suppliers; and (iii) support proof of user consent for email marketing and TCPA purposes Same as 3. D
F Inferences drawn from other personal information – profile reflecting a person’s preferences, characteristics, psychological trends and attitudes Same as 1. B and system algorithms Same as 2. A None

 

RIGHTS OF CALIFORNIA USERS WITH REGARD TO THEIR INFORMATION

California users have several rights regarding the collection, use, disclosure and sale of their information under the CCPA.  One of these rights, notice of collection of Information, is described above; the balance of these rights are described below and include the following rights:

  • Disclosure of information collected and sold
  • Opt-out from the sale of Information
  • Deletion of Information
  • Access and portability of Information collected
  • Non-discrimination

Exercising Your Rights, Verification and Timing.  To exercise your CCPA rights, click on the “Do Not Sell My Personal Info” link on the bottom of the Website page where we collect Information,; or email us at contactus@tagadamedia.com.  To prevent an unauthorized third party from accessing or making decisions regarding a user’s Information, we verify all requests to exercise these rights (a verifiable consumer request). We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, unfounded or abusive.

In general, we will verify a request by matching the identifying information supplied by the user with the Information we already have for the user.  If we cannot verify the user using the foregoing method, we may request additional information which we will not retain or use for any other purpose.

For all verifiable consumer requests, we strive to respond within forty-five (45) days of receipt.  If we require additional time, which can be up to ninety (90) days in the aggregate, we will provide written notice.  Any disclosures we provide will cover only the 12-month period preceding the verifiable consumer request’s receipt and will be delivered electronically in a secure fashion.  If, for some reason, we cannot fulfill or comply with your request, our response will explain that decision.

Removal, Amending and/or 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 contacting us via e-mail at: contactus@tagadamedia.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, amended 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 or limit your ability to participate in the Promotions. If you wish to participate in the Promotions without any hindrance or limitation, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Opt-Out

We provide users with the ability to opt-out from receiving information sent via electronic mailings on or own behalf and that of our third party advertisers. Users may unsubscribe from receiving e-mail at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed by us if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mail from a particular sender, please consult that sender’s opt out policies or contact that sender.

To opt-out from email marketing and to remove your anonymized data from programmatic advertising enabled by contacting customer service, click the “Unsubscribe” link on the bottom of every page or click here

Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. In addition, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted in to. If, after that point, a user is still receiving e-mail from us, the user should contact us at: unsubscribe@tagadamedia.com.

Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your request for Samples Avenue™ Offerings, including participating in any Promotions, as well as to respond to any inquiry or request made by you. To opt-out of receiving Samples Avenue™ Offerings-related, Promotions-related and/or inquiry response-related messages from us, you must cease requesting Samples Avenue™ Offerings, cease participating in the Promotions and cease submitting inquiries to us, as applicable.

In addition and as described below, residents of California (and, in certain circumstances, residents of Nevada) have the right to opt-out of the sale of their Information

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

We may use Information provided by users for the purposes disclosed in this Privacy Policy until a user requests that their Information be modified, deleted or corrected. All users who provide their Information to us may request that we modify, delete and/or correct their Information by contacting us contactus@tagadamedia.com (see before for a description of the augmented rights with respect to accessing and deleting Information that are provided to California residents).  We will respond to your request within forty five (45) days.  If you request deletion of your Information, please note that your Information will be suppressed from further use as described in this Policy.  However, we will retain and may use your Information as necessary to comply with our policies including legal obligations, dispute resolution and enforcement of our agreements.

We ask individual users to identify themselves and the Information requested to be accessed, corrected or deleted (suppressed) before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that we are unable to verify, 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 archive servers).

No Liability

TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE UNAUTHORIZED ACCESS TO AND/OR MODIFICATION OF YOUR REGISTRATION DATA OR OTHER PERSONAL INFORMATION.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. If the manner in which we use personally identifiable information changes, we will notify users by: (a) sending the modified policy to our users via e-mail; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy, the practices of Samples Avenue™ or your dealings with Samples Avenue™, please contact us via U.S. mail at: Tagadamedia LLC, 350 Lincoln Rd., Miami, FL 33139; call us at: 1-855-378-7943; or e-mail us at: contactus@tagadamedia.com.

Filing a Complaint with the Federal Trade Commission

To file a complaint regarding our privacy practices, please Click Here.