Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law require you to arbitrate any claims you may have against LGEUS on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
A. Information Collected
We collect two types of information from visitors to the Sites: (1) Personally Identifiable Information; and (2) Non- Personally Identifiable Information.
(1) Personally Identifiable Information
"Personally Identifiable Information" is information that identifies, relates to, or could reasonably be linked to—directly or indirectly—you personally or your household, such as your name, address, telephone number, email address, or company name. LGEUS collects and stores the Personally Identifiable Information that you have provided to us. “Non Personally Identifiable Information” is any information that does not identify you personally, such as aggregated information or technical information. Here are the ways in which we may collect information on the Sites:
We may collect your first and last name and product or service details if you contact us with a question related to our products or services; We may collect your first and last name, mailing address and billing information if you purchase a product or service on the Sites; We may collect registration details about a product or any hardware that you purchase from LGEUS and this information may be tied to your name and mailing address; We may collect your first and last name, mailing information, email address and billing information if you download information from a Site; We may collect your name, email address or phone number if you contact us with a question; We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; We may collect your name and mobile phone number if you consent to receive autodialed and/or pre-recorded telemarketing messages from or on behalf of us at your mobile number. We may collect your name and mobile phone number if you consent to receive SMS/MMS messages from or on behalf of us at your mobile number; We may collect your IP address, a number that lets computers attached to the Internet know where to send you data, such as the webpages you view; and/or We may collect registration information or other details about your product or service. Unless this information is tied to your name or address, it is not considered personally identifiable.
B. Cookies and Other Similar Technologies
A "cookie" is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited the Sites previously. Cookies may also be used to track users across the Web. We use the information we collect from cookies for marketing and product planning purposes. Collected data may also be shared, in aggregate form, with third-parties (e.g., dealers, marketers, and distributors). Different cookies are used to perform different functions, which we explain below:
Essential – Some cookies are essential in order to enable you to move around the Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
Browsing and Functionality – These cookies remember choices you make on the Sites. For example, when you return to the Sites, these cookies help remember your preferences, such as language preferences.
We do not currently honor any “do-not-track” signal sent by browsers. However, you may opt-out of targeted advertising from National Advertising Initiative members by visiting http://www.networkadvertising.org/choices/. If you are using an iOS device, you may opt out of tracking for advertising purposes by clicking on Settings → Privacy → Advertising → Limit Ad Tracking. If you are using an Android device, you may opt out of tracking for advertising purposes by going to Settings → Google Settings → Ads → Enable “Opt out of Ads Personalization.”
You may also set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites. Additionally, some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain Non-Personally Identifiable Information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
–We also use "web beacons," which are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages.
C. Use of Information Collected Via the Sites
We use information that is collected on these Sites primarily for the following purposes:
To deliver services;
To alert you to special offers, updated information and other new products or services from LGEUS, or other third parties, or to forward promotional materials to you;
To complete a transaction or service requested by you;
To fulfill the terms of a promotion;
To ensure the Sites are relevant to your needs;
To help us create and publish content most relevant to you;
To allow you access to limited-entry areas of the Sites; and
To contact you in response to sign up forms such as Contact Us or other inquiry.
D. Sharing and Disclosure of Information
We may share or disclose your Personally Identifiable Information in the following instances:
To fulfill a service to you. For example, if you purchase or download an item from a site, we may share your Personally Identifiable Information in order to provide the item to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. In addition, if you purchase a product via the Sites, we may need to share your data with third parties in order to have that product delivered to you and installed as you requested. Also, if you are entering a sweepstakes or contest, we may use your Personally Identifiable Information in order to fulfill the terms of that promotion.
To our parent company, subsidiaries and affiliates in order to better serve you. LGEUS may have to share your data with these parties in order to provide you with services that have been requested by you, or so that we can ensure our services and products are meeting your needs. For example, in some instances LGEUS may be required to transfer your data to our parent company in Korea in order to provide you with a product or service requested by you.
To strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you. These parties may use your Personally Identifiable Information to contact you with an offer or advertisement related to a product or service.
To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on LGEUS's behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). These third-party service providers include Registria, a company that provides customer related management and marketing services to us and has access to your Personally Identifiable Information for that purpose. We seek to ensure that these unaffiliated third parties will not use the Personally Identifiable Information for any other purpose than to provide the administrative services for which they are responsible.
To complete your purchase. If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personally Identifiable Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of LGEUS or act in urgent circumstances to protect the personal safety of our end users.
To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
To protect against potential fraud, we may verify with third parties the information collected from these Sites. In the course of such verification, we may receive Personally Identifiable Information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
E. SMS Users
For customers who agreed to SMS messaging from LG, you will receive a minimum of four SMS messages. Although all LG alerts and promotions are complimentary, Message & Data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling in this service, you certify that you are over 18 years of age and (a) you are the account holder or (b) you have the account holder's permission to do so. Content is not available on all carriers: The service is available AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular?, T-Mobile? & MetroPCS. SMS Messaging is not compatible with all cell phone models. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. LG is not responsible for any delays upon sending or receiving text messages. You may opt out of text delivery at any time by texting STOP.
F. Collection and Use of Information from Children Under the Age of 13
LGEUS does not knowingly collect or solicit Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to use the Sites. If you are under 13 please do not attempt to register on the Sites or send us any Personally Identifiable Information.
G. International Transfer of Information
We are a U.S.-based company. If you choose to provide us with Personally Identifiable Information, LGEUS may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from Asia or the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personally Identifiable Information to the United States which does not have the same data protection laws as those countries and by providing your Personally Identifiable Information you consent to:
the transfer of your Personally Identifiable Information to the United States as indicated above, in accordance with applicable law.
H. Opt-Out and Additional Rights
From time to time, we communicate with users who subscribe to our services via email or text message. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional and you have consented to receiving such e-mails by providing your email address. Where you have provided your mobile phone number to receive text message alerts, you consent to receive SMS/MMS and/or autodialed and/or pre-recorded telemarketing messages from or on behalf of us at the mobile number that you provided at sign-up. You understand that consent to receiving messages on your mobile device is not a condition of purchase.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where Personally Identifiable Information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email. For text messages, should you choose to “unsubscribe” or stop receiving such messages, you can contact us directly at [email protected] or reply with the message “STOP” to a message after it is received. Further, you hereby confirm consent to receiving a confirmatory message in response to your STOP request. Message and data rates may apply.
You have the following additional rights:
- • You have the right to request information about the categories and specific pieces of Personally Identifiable Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.
- • You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.
- • You have the right to opt out of the sale of your Personally Identifiable Information to third parties. You can exercise this right through the “Do Not Sell My Personal Information” link in the footer of our Site, when such link becomes available on January 1, 2020.
- • You have the right to request the deletion of your Personally Identifiable Information.
- • You have the right to not be discriminated against for exercising any of these rights.
I. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any product review board, chat room, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your e-mail address, for example, don't include it in any message you post publicly. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
J. Third Party Web Sites
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personally Identifiable and Non-Personally Identifiable Information collected via the Sites.
We make reasonable efforts to ensure security on our systems, however, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to LGEUS is done at your own risk.
If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing Personally Identifiable Information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
N. Dispute Resolution and Agreement to Arbitrate
- • Us, at LG Electronics USA, Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 or
- • You, at the address we have on file for you.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
O. Governing Law / Venue / Forum
P. Contacting LGEUS
Q. Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding LGEUS's disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us:
LG Electronics USA, Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632
Additionally, if you are a California resident under age 18 and are a registered user of any of the Sites, then you may request that we remove any submission you publicly posted on or in the Sites. To request removal of a submission, please send an email with a detailed description of the specific submission to [email protected] You also may be able to log in to your account and delete your own submission. LGEUS reserves the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.
LGEUS will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your submission does not ensure complete or comprehensive removal of your submission. Your submission may remain on backup media, cached or otherwise retained by LGEUS for administrative or legal purposes or your submission may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. LGEUS may be required by law to not remove or allow removal of your submission.