The California Travel & Tourism Commission (the “Commission” ) recognizes that its members, visitors, users, and others (collectively or individually “Users”) who use www.visitcalifornia.com (the “Website”) value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Website. Commission provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Website.
Please note that any audio recording, composition, video, image, or other content posted at the direction of Users onto the Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
(a) Personally identifiable information may only be obtained through lawful means.
(b) The purposes for which personally identifiable data are collected shall be specified at or prior to the time of collection, and any subsequent use of the data shall be limited to and consistent with the fulfillment of those purposes previously specified.
(c) Personal data may not be disclosed, made available, or otherwise used for a purpose other than those specified, except with the consent of the subject of the data, or as required by law or regulation.
(d) Personal data collected shall be relevant to the purpose for which it is needed.
(e) The general means by which personal data is protected against loss, unauthorized access, use, modification, or disclosure shall be posted, unless the disclosure of those general means would compromise legitimate agency objectives or law enforcement purposes.
- Prominently posting the policy physically in its offices and on its Internet website, if any;
- Distributing the policy to each of its employees and contractors who have access to personal data;
- Complying with the Information Practices Act (Civil Code Section 1798 et seq.), the Public Records Act (Government Code Section 6250 et seq.), Government Code Section 11015.5, and all other laws pertaining to information privacy, and
The Information Commission Collects
- User Provided Information: In order to operate the Website and to provide you with information about services that may be of interest to you, we may collect “personal information” (i.e., information that could be used to contact you directly (without using the Website) such as full name, postal address, phone number or email address, and any other identifier that permits the physical or online contacting of a specific user), “demographic information” (i.e., information that you submit, or that we collect, that is neither personal information nor financial information; this may include but is not limited to your zip code, postal code, hometown, gender, username, age/birth date, occupation, interests and the content of communications between you and other members over the Websites). Nowhere on the website do we knowingly collect personal information from minors under the age of 18, as we require that all users represent to us that they are at least 18 years old.
- Cookies Information: When you visit the Website, we may send one or more cookies, a small text file containing a string of alphanumeric characters, to your computer or mobile device that uniquely identifies your browser. The Commission uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website may not function properly if the ability to accept cookies is disabled. If you wish to opt out of cookies that allow us to serve advertisements while you are in California and collect aggregate information on website features influence visitation, click here.
- Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Clear GIFs Information: When you use the Website, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
The Way The Commission Uses Your Personal Information
- If you submit personally identifiable information to us through the Website, then we will use your personal information to operate, maintain, and provide to you the features and functionality of the Website. We also use your email address and your other personal information in order to contact you in connection with your activities on the Website (including, but not limited to, confirmation emails, important news about the Website and so on). To operate the Website, including supporting your activities on the Website, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as email origination, receipt or support services and customer relationship management services.
- Any video recordings that you submit to the Website may be viewed by the general public.
- We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes to the Website or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
When The Commission Discloses Information
- We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
- We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
- We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.
Third-party Advertisers, Links to Other Sites
The Commission does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks the Commission to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Currently, the Commission has relationships with the following third-party ad servers or ad networks: Operative.
Our Commitment To Data Security
The Commission uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Commission and you do so at your own risk. Once we receive your transmission of information, the Commission makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If the Commission learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Commission may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us as provided in the section below, under the heading “Contact Information”.
Special Note to International Users
In the Event of Merger, Sale, Bankruptcy or Substantial Change of Control
In the event that the Commission is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
How to Change Your Personally Identifiable Information
After registering, you may review and request to make changes to your personally identifiable information at any time. You may review and/or make changes to your personally identifiable information by logging into your account and making such changes.
Changes and updates to this Privacy Notice
In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Website constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact the Commission with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.
Contact Information: Please contact the Commission with any questions or comments about this Privacy Notice using the contact information found at www.visitcalifornia.com.
Visit California will not sell your data to outside parties. If you have questions about how your data was captured, please contact us at the below address.
Address: 555 Capitol Mall, Suite 1100, Sacramento, CA. 95814
IF YOU DO NOT WANT US TO USE OR REPUBLISH YOUR POSTED TEXT, PHOTO, VIDEO OR OTHER MATERIALS (collectively "CONTENT") AS CONTEMPLATED BELOW, THEN PLEASE DON'T RESPOND TO OUR QUESTIONS/POSTS OR OTHERWISE POST CONTENT ON OR VIA OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS. EXAMPLES OF OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS INCLUDE THE VISIT CALIFORNIA FACEBOOK PAGE VISIT CALIFORNIA PINTEREST PAGE, VISITCALIFORNIA INSTAGRAM ACCOUNT, AND THE VISITCA TWITTER ACCOUNTS.
By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, FourSquare, Instagram, Google+, Flickr, LinkedIn, YouTube and Pinterest, collectively "Social Media Platforms") you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant us, and our affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
Important Note: we may also use any ideas, suggestions, developments, and/or other material embodied in your posted Content as we see fit without any compensation or attribution to you. We will, however, try to credit you as the author/source of the Content and you agree that we may identify you as the author/source of the Content by referring to your Social Media Platform handle or identifier as we see appropriate.
You represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy.
Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner.
Don't post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person;
Don't post any Content that you don't have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship;
Don't impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
You represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
You agree to hold the California Travel & Tourism Commission (sometimes referred to herein as "us" or "our") and our affiliates, agents and licensees (collectively, "Indemnitees") harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms.
These terms shall be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.
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