Last Updated: August 7, 2024

1. Introduction

(a) Website Owner

TO BE OR NOT TO BE MARKETING, LLC d/b/a Ms. Lady Gamble ("Company," "we," or "us") is the owner of http://www.missladygamble.com/ (the "Website"). We can be contacted by mail at 3453 Harborwood Circle, Nashville, TN 32714, or by e-mail at [email protected]. This online privacy notice discloses the information practices for the Website, including what type of personally identifiable information is collected, how the information is used, and with whom the information is shared.

(b) Website Visits

In general, you can visit this Website without disclosing any personal information. We do not keep track of the domains from which people visit our Website. Any personal information you may provide through your use of the Website is subject to the terms of this Privacy Policy, as may be updated by us from time to time. Please read this Privacy Policy carefully before using the Website. This Privacy Policy does not apply to any third-party websites, services, providers, or applications, even if such are available or accessible through the Website.

(c) Website Transactions

At times, Company will need personal information regarding a user or a prospect. For example, to process an order or provide a subscription, Company may need to know a user's name, mailing address, e-mail address, and credit card details. It is Company’s intent to inform you before Company collects personal information, such as your name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Company will respect your wishes.

2. Personal Information That May Be Collected

(a) Identifying Information

We may collect certain personally identifiable information in order for you to use the Website, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Website, we may also collect that communication, and you agree we are free to use the content of any communications submitted by you for any purpose, including developing and/or providing the Website and/or related features. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so, in accordance with the Terms of Use, or otherwise; (b) we first send notice to you that the materials or other information you submit will be published or otherwise used with your name on it; or (c) we are required to do so by law. All personally identifiable information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is used, including, without limitation, to minimize the possibility that inappropriate information may be used in order to provide you any features made available on the Website. It shall be your sole responsibility to update any and all personally identifiable information provided for use of the Website.

(b) Non-Identifying Information

We may automatically collect information about your use of the Website, including, without limitation, information about the Internet browser, IP address, operating system, mobile carrier, and/or device information automatically assigned to your computer or device used by you to access the Website. Other information we may automatically collect includes, without limitation, information about the frequency and length of (i) Website usage, (ii) Website visits (i.e., date and time), (iii) level of interaction with features provided on the Website, and (iv) other actions taken through your use of the Website.

(c) Aggregated Information

We may conduct research on our user demographics, interests, and behavior based on information provided to us. This research may be compiled and analyzed on an aggregated and/or de-identified basis, and we may share this aggregated and/or de-identified data with our affiliates, agents, and business partners. We may also disclose aggregated and/or de-identified user statistics and other metrics related to our Website in order to describe our products or services to current and prospective business partners and to other third parties for other lawful purposes.

(d) No Information from Children

We do not collect or maintain information from users actually known to be under the age of 18 (or the age of majority in the jurisdiction from which they access the Website), and no part of this Website is structured to attract anyone under the age of 18 (or the age of majority in the jurisdiction from which they access the Website). If you are under the age of 18 (or the age of majority in the jurisdiction from which you access the Website), please do not submit any personal information through the Website. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on the Website without their permission. If you have reason to believe that a child under the age of 18 (or the age of majority in the jurisdiction from which they access the Services) has provided personal information to us through the Website, please contact us, and we will use best efforts to delete that information from our databases.

(e) Lost or Stolen Information

Help keep your personal information accurate. If a user’s personal information has changed, please e-mail the new information to us at [email protected].

(f) Links to Other Websites

Our Website may contain links to other Websites. We are not responsible for the privacy practices or the content of those other Websites.

3. Uses Made of the Information

(a) General Use

We will only collect information that is relevant for the purposes of providing the Website, including, without limitation: (i) provide, test, promote, and improve the Website and/or its features; (ii) gather usage statistics for the Website; (iii) administer your use of the Website and provide customized user experience; (iv) provide access to third-party content or services and/or providers; and (v) fight spam, fraud, and other abuse of the Website. We may also use your information in order to:

• Identify you as a user;
• Process transactions;
• Collect your location information, including your geo-location records, for the purpose of verifying whether you are eligible to access the Website and/or otherwise to comply with legal obligations, protect our legal rights, and address disputes;
• Process and respond to customer service / user inquiries;
• Alert users to new services, content, and/or features;
• Prevent fraudulent or other criminal activity;
• Meet legal and regulatory requirements;
• Provide access to certain functionalities and features of the Website;
• Enforce the Terms of Use; and
• Contact users for administrative purposes, including, without limitation, notifying you of changes to the Privacy Policy.

(b) Limited Uses Identified

Without a user's prior consent, we will not use your personally identifiable information for any purpose other than that for which it is submitted. We use personally identifiable information to reply to inquiries, handle complaints, provide operational notices, and in program record-keeping. We also process billing and business requests related to our Website participation.

(c) Marketing Uses

We reserve the right to provide you with information about our Website, products, and services, and related information in which you have indicated an interest.

(d) Stored Information Uses

We store and retain the information provided by all users. Stored information is used by us and our agents to support user interaction with our Website, deliver user purchases, and/or contact users again about other services, products, and promotions.

(e) Online Advertising

Some companies that help us deliver interactive online advertising, such as banner ads, may collect and use information about our users to help us better understand the types of advertising or promotions that are most appealing to our users. After it is collected, the information is aggregated so it is not identifiable to a specific individual.

4. Disclosure of the Information

(a) General Disclosures

We may share your information with third parties for the purpose of processing payments, conducting quality assurance testing, geo-locating users, personalizing and improving your use and experience of the Website, sending email and push notifications, enabling security support and technical maintenance, and preventing harmful and/or unlawful uses of the Website. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

(b) Mergers and Acquisitions

In the event that ownership of all or a part of Company or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Company’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.

(c) Agents

Company employs or engages other companies and individuals to perform business functions on our behalf. These persons are provided with personal identifying information required to perform their functions but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions that include, but are not limited to, fulfilling orders, analyzing data, providing marketing assistance, processing credit card payments, and providing user services. We may also share information with our accountants, attorneys, and other professional advisors who owe a duty of confidentiality to us.

(d) Affiliated Businesses

We work closely with affiliated businesses operating, providing services, or selling products on each other's Websites. These businesses identify themselves to users. Customer information related to a transaction with an affiliated business is shared with that affiliated business.

(e) Marketing Analysis by Third Parties

We reserve the right to disclose to third parties personal information about users for marketing analysis and/or to our advertisers and advertising networks; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual user.

(f) Disclosure to Governmental Authorities

Under certain circumstances, personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. In the event we are required to disclose information pursuant to a court order, subpoena, or law enforcement agency request, we will disclose the requested information to the extent permissible by applicable law. To the extent permissible under applicable law, disclosure of personal identifying information may also be made when necessary to establish, exercise, and defend legal claims or protect the rights and property of Company, our agents, customers, and others, including, without limitation, the enforcement of agreements, policies, terms and conditions of use (including, without limitation, the Terms of Use), rules, or the personal safety of any person.

5. Use of Computer Tracking Technologies

(a) Use of Cookies

Company, or its third-party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies." A cookie is an alphanumeric identifier that a Website can transfer to your hard drive through your browser. The cookie is then stored on your computer as an anonymous tag that identifies your computer, but not you. Cookies may be sent by us or our third-party vendors. You can set your browser to notify you before a cookie is received, giving you the opportunity to decide whether to accept the cookie. You may also set your browser to turn off cookies; however, some features of the Website may not then work properly.

(b) Collection of Personal Information

We collect personal identifying information from users during a transaction. We may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help us understand trends and patterns.

6. Information Security

(a) Commitment to Online Security

We intend to protect your personal information and to maintain its quality. To achieve information security and quality, we implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information.

(b) No Liability for Acts of Third Parties

We will exercise all reasonable efforts to safeguard the confidentiality of your personal information. However, transmissions protected by industry-standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, we shall not be liable for unauthorized disclosure of personal information.

(c) Communications

By using the Website or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.

7. Third Party Websites

(a) Third Party Websites

Company, in its sole discretion, may include or offer third-party links, products, advertisements, or services (collectively, “Third Party Websites”) via the Website. Additionally, Company may make its Website available through Third Party Websites. Company is not responsible for the actions of Third Party Websites. This Privacy Policy does not cover any collection or use of information that Third Party Websites may collect from you, or the practices used by third parties to collect such information, and Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. You should consult such Third Party Websites’ privacy policy, and Company has and assumes absolutely no responsibility or liability whatsoever for the activities of Third Party Websites. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.

(b) Third Party Payment Processing

When you initiate a payment transaction through the Website, we may process your payments through a Third Party Website, including, without limitation, third-party payment processors. The Third Party Website may collect certain financial information from you in order to process a payment, including your name, email address, address, and other billing information. In order to delete your payment or billing information, you may need to do so with the Third Party Website, as Company only has minimal secure access to those records as needed to provide the Website.

8. Privacy Policy Changes and Opt-Out Rights

(a) Changes to Privacy Policy

By accessing the Website, you signify your agreement to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. The provisions contained in this Privacy Policy shall survive any termination of your Account and/or use of the Website.

(b) Opt-Out Right

Customers have the right at any time to cease permitting personal information to be collected, used, or disclosed by us and/or by any third parties with whom we have shared and/or transferred personal information. The right of cancellation may be exercised by contacting us via email at [email protected]. After processing the cancellation, we will delete user or prospective user's personal information from our database.

9. Access Rights to Data and Retention

(a) Information Maintained

Upon your request, we will provide a reasonable description of your personally identifiable information that we maintain in our data bank. We can be contacted by email at [email protected].

(b) Information Retained

We will retain your personal information received as described in this Privacy Policy while you are an active user of the Website, and thereafter so long as needed for purposes that are not prohibited by applicable law. Before we use any of your personal information for any new purpose not originally authorized by you or set forth in this Privacy Policy, we will use our best efforts to provide details regarding the new purpose and give you the opportunity to opt-out. Furthermore, where consent is required to process any personal information pursuant to applicable law or contract, we will use our best efforts to comply with such law or contract. Upon termination of your Account, we reserve the right to maintain your personal information as part of our standard backup procedures in an aggregated format. When personal information is no longer required, we will utilize procedures to destroy, delete, erase, or convert it to an anonymous form.

10. Your Privacy Rights

(a) Privacy Rights

In addition to your other rights provided in this Privacy Policy, you have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this Privacy Policy. As a result of your ability to opt out as set forth in this Privacy Policy, we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes. You have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

• Right to Know: You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use, and third-party disclosures can be found in this Policy. In addition, you have the right to request a copy of personal information. You may exercise this right once every twelve (12) months by submitting a request to us at [email protected].
• Right to Delete: You have the right to request that we delete some or all of the personal information that we have about you, subject to certain exceptions (i.e., information used to provide features on the Website, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). You may exercise this right to delete by contacting us at [email protected].
• Right to Opt-Out of Sale of Personal Information: You have the right to opt out of the sale of your personal information and to request information about whether we have sold your personal information in the past twelve (12) months. We do not sell personal information. Should such change, we will notify users and provide an ability to opt out as required.

(b) How To Exercise Privacy Rights

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Account and/or personal information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the Account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the Account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. We won’t discriminate against anyone because they exercise any rights herein.

11. Accountability

(a) Governing Law

This Privacy Policy shall be construed and enforced in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, without limitation, the Data Protection Act, General Data Protection Regulation, the California Consumer Privacy Act ("CCPA"), the Virginia Consumer Data Protection Act ("VCDPA"), and/or any other applicable act or regulation governing our collection of your personal information.

(b) Questions, Problems, and Complaints

If you have a question about this policy statement, or a complaint about our compliance with this privacy policy, you may contact us by e-mail at [email protected].

(c) Terms of Use

Any dispute over privacy is subject to the provisions of this notice and to our Terms of Use, which is incorporated herein.