Privacy Statement

 



Privacy Policy

Last updated November 9, 2020

The following Privacy Policy (the “Policy”) describes how Deseret Digital Media (“Operator”) collects, uses, and shares personally identified information and non-personally identifiable information collected (collectively referred to as “Data”) through web sites, mobile web sites, mobile applications and social medial platforms we operate (collectively, the “Products”) and the services, features, advertisements or content we offer (collectively with the Products, the “Services”). The Policy applies when you use any of these Services. It describes the kinds of information we may gather when you use the Services, how we use your information, when we might disclose your information, and how you can manage your information. The Policy supplements the Terms of Use posted elsewhere within the Products. You should read the Policy and the Terms of Use before you use the Services. By visiting the Products or using the Services, you agree to be bound by all of the terms, conditions and notices contained or referenced in the Policy, including our use of cookies and similar online tools, and consent to having your Data transferred to and/or processed in the United States. If you do not agree to this Policy, please do not use the Services.

Revisions

We may change the Policy at any time by posting revisions to the Policy on the Products. Therefore, you should review the Policy from time to time. Your continued use of the Products constitutes your acceptance of the revised Policy. If you do not accept all of the terms, conditions and notices set forth in the Policy, you must exit the Products immediately. Please note that our Services are under constant development. This Policy may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

Collection of Information from Children

The Products are not directed to, or intended for use by, anyone under the age of 16. If you are under the age of 16, you only may use the Services with permission from your parents or guardians. Deseret Digital Media does not knowingly collect personally identifiable information from users under the age of 16. If a child under 16 submits information through any part of the Services, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Information Collected

Type of Information Collected. When you use the Services, we may collect several types of information about you and/or your use of the Services. The general categories of information include:

  • Information you provide to us. There are numerous circumstances where you may be required or invited to provide us with personal information, such as when you create an account, enter a contest, subscribe to our publications, newsletters, and other content, register for our Services, submit content or post a comment, send us an e-mail or request information. This information may include your name, e-mail address, birth date, gender, street address, employment information or other demographic information.

  • Information about your use of the Services. We may collect information about your use of the Services, including:
  • Device information. We may collect your computer or mobile device model, IP address, operating system version, browser type, language and settings, device type and settings, and other unique device identifiers.
  • Location information. We may collect and store your device’s source IP address, which may disclose the general location of your device at the time you access the Services. Advertisements and certain content may be directed to you based on this data.
  • Usage information. We may collect information about the Services you use, the time, duration, and date of your use of the Services, your interaction with content offered through the Services, how you contacted the Services, and search terms used. We also collect information stored using cookies, mobile ad identifies, and similar technologies set on your device. Our servers may automatically keep an activity log of your use of the Services.
  • Information from Third Parties. We may receive information about you from third parties and combine it with information we receive from or about you, including, information from social media websites or information from publicly or commercially available sources.

Type of Information Collected. We may collect two general types of information when you use the Products:

(1) Personally Identifiable Information (“PII”), which includes

  • Identifiers, such as your first and last name, any alias, home or other physical address, telephone number, email address, user id, account name, unique personal or online identifier, other identifiers that permit physical or online contact with you, your education, employment history, bank account number, credit card number, debit card number or any other financial information provided by you, or other identifiers that permit physical or online contact with you, or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories.
  • Commercial information, including records of purchasing habits.
  • Internet or other similar network activity, including browsing history, search history or information regarding your interaction with the Products or Services.
  • Geolocation data.
  • Audio, electric, visual information provided by you.
  • Professional or employment-related information provided by you.
  • Inferences drawn from other personal information to create consumer profiles reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes.
  • You also may view or engage with our Products and its Services through third-party social networking sites or social media plug-ins and applications. When you engage with the Products and its content through such third-party sites, plug-ins or applications, we may have access to certain information from your social media profile, such as your name, photo, gender, birthday, location, videos, your list of friends, etc. This information is included in the definition of PII.

(2) Non-personally identifiable information (“non-PII”) such as the type of browser you are using, the type of operating system you are using, the web pages you have visited, sites visited before and after you visit the Products, the type of handheld or mobile device used to access the Products or other device-specific information.

Certain features available within the Products will require you to submit PII about yourself as a condition of participation. Some of the features may be offered by us, while others may be offered by third parties. (For example, you may be required to submit PII in order to enter a contest we conduct, to order certain products and services we offer, or to receive news updates by email from a third-party news source.) When you choose to submit PII to a third party in connection with your use of the Products, the third party’s privacy policy, rather than this Policy, will control the use of your PII. YOU CAN ALWAYS REFUSE TO PROVIDE PII TO US, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SITE FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT PRODUCTS OR SERVICES THAT MAY BE OF PARTICULAR INTEREST TO YOU.

How Information is Collected. We collect information both actively and passively. For example, we will collect information about you that you voluntarily provide while on the Products. In addition to information provided directly by you, we (and third parties that offer features through the Products) may collect non-PII through the use of “cookies,” “web beacons,” “Flash cookies” or by other electronic means.

  • Cookies. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer’s hard drive, where it can be used to identify your computer. Cookies can be used to measure web site usage, improve navigation around web sites, and personalize a returning visitor’s experience on the web site. In most cases, you can set your browser to turn off cookies or to notify you before you receive one so that you can decide whether to accept it or not. Because cookies allow you to take advantage of some of the features on the Site, we recommend that you leave them turned on. If you block or reject our cookies, some of the features on the Products may not work for you. You can refer to the instructions for your browser to learn more about these functions.

  • Web Beacons. We, our third-party service providers, advertisers and partners also may use “web beacons” or similar technologies. Web beacons are small strings of code placed on a web page to collect data about how visitors use the Products. For example, web beacons may be used to count the number of users who visit the Products or to deliver a cookie to the browser of a visitor to the Products. If you set your browser to turn off cookies, web beacons and similar technologies will detect your visits to the Products, but they will not associate your activity on the Products with information that otherwise would be stored in cookies. We do not control tracking technologies used by third parties on the Site.

  • Flash Cookies. The Products uses locally stored objects, also called “Flash cookies,” when it uses Adobe Flash Player (“Flash”) to provide special content such as video streaming, video on demand, video clips or animation. Flash, and similar applications, use Flash cookies to remember visitors’ Products settings, preferences and usages. Flash cookies are managed directly through Adobe’s website, rather than through your web browser.

Advertisements

In order to continue to bring you the site for free, we place advertising on our web pages. Some of these advertisements, if clicked upon, may contain cookies, collect information, such as your IP address and domain type. As explained in the section Third-Party Advertising and Third-Party Web Sites, you should consult the privacy policies of any advertisers with respect to their information gathering practices

We may also display targeted advertisements to you based on information you have supplied to us. For instance, if you have expressed an interest in a particular product, we may supply you with advertisements from selected marketing partners of that product. They will not, however, receive your personal information unless you volunteer it to such advertisers.

We also work with ad network partners that display ads on our Products. To improve your ad experience on the Products and elsewhere on the Internet, we may send non-personal information to our ad network partners based on your browser’s activities, such as type of pages viewed and categories of interests, so that the advertising you see is relevant to you. Click here and here to learn more about our ad partner’s ad practices, including how to opt out of using anonymous information to select which ads to show you.

Third-Party Advertising and Third-Party Web Sites

The Products allow advertising by third parties that provide links to third-party web sites. Internet advertising companies and the third-party websites on whose behalf they advertise (collectively “Third Parties”) may use the technology described above to send (or “serve”) directly to your browser the advertisements that appear on our Products. When this happens, Third Parties automatically receive PII, such as your IP address, as well as non-PII and other information from your computer and browser, including your cookie information. They also may use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements; collect information about the effectiveness of their advertisements; collect anonymous information about your visits to the Products, such as the number of times you have viewed an ad; or customize the advertising content you see. Third Parties will not collect your name, address, or other PII, unless you affirmatively provide it to them. We let Third Parties set and access their cookies on your computer. Third Parties’ use of their own cookies is subject to their own privacy policies For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or http://networkadvertising.org/optout_nonppii.asp. When using a mobile application, you may receive tailored in-application advertisements. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the instructions and/or the privacy settings for your operating system to find out how to opt out of tailored in-application advertisements.

Please note that the Products contain links to other web sites that do not follow this Policy. For instance, clicking on an advertisement, links or other elements on the Products may take you to an entirely different site. Links to other sites may use our Product logos or styles as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that the Products would not. After you leave our Products, this Policy will no longer apply to PII or any other data collected from or provided by you. You should check the other web site’s applicable privacy policy to determine how it will handle such data.

How Information Is Used and Shared

We may use information we collect to do the following, among other things:

  • Contact you;
  • Create and manage your account;
  • Provide the products and services you request;
  • Enroll you in contests, programs or other offers you request;
  • Tell you about other products and services that may be of interest to you;
  • Deliver advertising;
  • Process payment for purchases you have made;
  • Protect against or identify possible fraudulent transactions;
  • Analyze the use of our Products and Services;
  • Develop new products and services;
  • Understand how you arrived at the Products;
  • Manage the Products and Services;
  • Enforce our Terms of Use; and
  • Enforce the terms of this Policy.

Disclosure

WE MAY DISCLOSE PII ABOUT YOU TO A THIRD PARTY FOR COMPENSATION.

In addition, we may disclose PII and Non-PII as follows:

  • For all reasons set forth above in How Information is Used and Shared.
  • To service providers or parties that we have engaged to perform business-related functions on our behalf. This may include service providers that conduct research and analytics, create content, provide customer, technical or operational support, conduct or support marketing, fulfill orders and user requests, administer contests, maintain databases, send or support online or mobile advertising and otherwise support our Products and Services.
  • In response to legal processes such as court orders or subpoenas, law enforcement or government agency requests or similar requests.
  • With affiliates of Deseret Digital Media so they can provide, improve and communicate with you about their own, or their marketing partners’ products and services.
  • In the event that Deseret Digital Media is considering a sale of its business, in its entirety or a component thereof, or substantially all of its assets are acquired, or a portion thereof, Data, including PII, may be one of the transferred assets, and may therefore be used by a third-party acquirer in accordance with this Policy. Such use by a third party may include review of PII, using such PII to contact you either before or after such a transfer or sale, use or transfer of non-PII before or after such a transfer or sale, or for other purposes.

In addition, we may share your information as described below:

  • Information You Elect to Share: You may choose to share information with Third Parties by clicking on links to those Third Parties from within the Products. In addition, you may elect to share information, including PII, through the Services offered on the Products by, for instance, posting comments on comment boards or listing classified advertisements. Some of your activity on the Products, including content you have posted, is public by default. Some of this content may include PII.
  • Third-Party Advertisers and Web Sites: We may share your PII and non-PII with Third Parties as described in the section above titled Third-Party Advertising and Third-Party Web Sites.
  • Information Disclosed to Vendors, Partners, Service Providers, and Others for Business Purposes: We contract with vendors to provide services related to the Products and may share information with such vendors in order to provide products or services to you or to help maintain the Products. We also may share PII and non-PII with our partners, service providers and other persons with whom we conduct business.
  • Information Disclosed for the Protection of the Products and for Others. We may disclose PII and Non-PII when (1) required by law or to respond to legal process or lawful requests, including from law enforcement; (2) when we believe it is necessary to prevent, investigate, or address (a) possible illegal activities, including fraud, (b) violation of our Terms of Use, (c) violation of this Policy, or (d) threats to the physical safety of any person; or (4) to protect our rights or property.

Forums

The Products may include forums (such as message boards, chat rooms, comment boards, and reviews) that enable users to post a comment or communicate with each other. The Operator is under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum within the Products. The Operator retains the right to delete at any time and for any reason any material posted within the Products.

Information Security

We take information security seriously, and we use reasonable administrative, technical and physical safeguards to protect the PII we collect from unauthorized access, use or disclosure. But we have no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites on our Products or through our Services. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.

Additionally, and as you are likely aware, no system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications will always remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission's Web site at http://www.consumer.ftc.gov/ for information about how to protect against identity theft.

Important Information for California Residents: Your California Privacy Rights

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information such as age.

Notice of Collection

The categories of personal information that we may have collected – as described by the CCPA – in the past 12 months are:

Identifiers: name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name. We use this data to provide customers with a KSL.com account, enabling them to post listings in our marketplace verticals, post messages on our new comment board, and subscribe to our newsletters. Additionally, we use online identifiers to understand how consumers use our products and services.

Customer records information: name, address, telephone number, bank account number, credit, or debit card number. We collect this information when a user performs a payment transaction on one of our services. For example, a user may upgrade a free listing, purchase a job listing, or purchase a Carfax report. We offer various direct-to-consumer products that require a customer to pay using a credit card.

Commercial information: We use a unique identifier to track consumer behavior on our products. We then use that data to personalize content and or advertising products to the consumer.

Internet or other electronic network activity information: We collect this data specific to our websites and applications. We do not operate a web browser or search technology, but we track searches performed on our website. We do this for a few purposes. We allow users to create saved searches and alerts. Saved searches and alerts enable users to opt-in to a notification service. When the user creates a saved search, if a new product is posted on our service that matches their search criteria, we will send them an email or mobile phone alert. We also use their search behavior to personalize content and advertising.

Geolocation data: When using our service, a user can search for information using location data such as a city or zip code. Furthermore, on a mobile device, users can opt-in to the mobile device geolocation service to show the user listings from a selected mile radius from their current geolocation.

Inferences: We use consumer behavior to create profiles and make inferences about future consumer behavior. For example, suppose a consumer searches for a vehicle and only includes listings from private sellers. In that case, we will match that person's private seller searches with cars from auto dealers using the service. Those dealers pay KSL to show targeted display ads to the consumer. Essentially, we infer which auto dealer's inventory best aligns with the consumer’s behavior.

We collect and use these categories of personal information for the business purposes and sharing practices described in our policy above.

We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the above sections as a “sale,” we provide you the option to request that we not “sell” your personal information. We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.

We sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our services.

Right to Know and Delete

If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

To exercise any of these rights, please submit a request through our online form. You may also call us at 1-833-796-0136 (PIN: 141439). We will use the information you provide to us solely for the purpose of verifying your request and locating your data, if any, within our records. Please note, under California law, such requests can be made a maximum of twice per twelve-month period.

We have a duty as the holder of certain personal information to verify your identity when making requests to know or delete personal information and to ensure that dissemination of that information would not cause harm to you if it were distributed to another person. To verify your identity, we will request and collect additional personal information from you to match it against our records. We may ask for additional information or documentation if we feel it is necessary to confirm your identity with the necessary degree of certainty. We may communicate with you through email, a secure message center, or other reasonably necessary and appropriate means. We do have the right to deny requests under certain circumstances. In such cases, we will notify you of the reasons for denial. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks. In no event will we disclose, if we have collected it, your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.

Right to Opt-Out

To the extent we sell your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out of by clicking Do Not Sell My Personal Information. You may also call 1-833-796-0136 (PIN: 141439).

Non-discrimination

You have the right not to receive discriminatory treatment by us for exercising any of your rights.

Authorized Agent

You may be entitled, in accordance with applicable law, to submit a request via an authorized agent acting on your behalf. To do so, we must receive written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

California Do Not Track Disclosure

Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. Right now, there is no industry standard for how companies should respond to “do not track” signals, although one may be adopted in the future. Deseret Digital Media does not respond to “do not track” signals at this time. If we do so in the future, we will modify this Policy accordingly. More information about “do not track” is available at www.allaboutdnt.org.

Important Information for Nevada Residents-Your Nevada Privacy Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here.

Users From Outside the United States

The Products are hosted in the United States and are governed by U.S. law. If you are using the Products from outside the United States, please be aware that any PII you share with us will be stored and processed in the United States where we locate and operate our servers and databases. By using the Products, you consent to the storage and processing of your PII at our facilities and the facilities of those third parties with whom we share your PII as described in this Policy.

Contact Information

Questions concerning the Policy or the Products should be directed to support@ksl.com.

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