When we use the term "Personal Information" we mean information that you provide us that identifies you or would allow someone to contact you, such as your full name, postal address, email address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you, including, but not limited to, Device and advertising identifiers and information collected through cookies or other Tracking Technologies or Identifiers (as those terms are defined below). Any Personal Information that is modified to remove your contact information and other information that identifies you or that is replaced with information that no longer identifies you or allows someone to contact you (for example, hashed email addresses or usernames) shall not be treated as Personal Information but shall be treated as Other Information after such modification. (Personal Information and Other Information shall be referred to, together, as “Information”.)
3.1 Information We Collect that You Provide Us.
3.1.1 User Registration To register as a member of the Site, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested and/or required during the registration process. After you have registered for the Site, we may recognize you when you visit certain other Cheddar websites, applications or other interactive services across Devices to register for and login on such other websites, applications or other interactive services, but please note that other Cheddar websites, applications or other interactive services may set additional or different requirements for membership, such as minimum age. Also note that, for your online privacy and security, if other people have access to your Device, we recommend you log out of your account after visiting any of the websites, applications or other interactive services that are associated with your account.
3.1.2 In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to participate in commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions.
These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site (such as your visits to the Site’s webpages, type of browser use, type of operating system used, date and time of viewing, use of our features and purchasing history or preferences) or other websites, applications or interactive services. Through these Tracking Technologies, we may collect such Other Information across multiple sessions on this Site and other websites, applications or other interactive services and may also collect or access your IP address (which is automatically assigned to any Device(s) and/or Device and Internet browser combination you use to access the Site) and/or set or access some other identifier unique to the Device(s), Device platform and/or Device-Internet browser combination you use to access the Site (“Identifier”). For example, we may set a unique alphanumeric Identifier unique to your home computer on Firefox, or access an Identifier provided by a mobile platform, such as the application or advertising Identifiers offered by Apple. Your Personal Information is not collected as part of this process but we may combine any or all of the Other Information we collect using Tracking Technologies and associate it and/or Identifiers with your Personal Information and/or with other non-personally identifiable unique identifiers assigned by Cheddar or third parties.
3.2.1 The Site’s Use of Tracking Technologies to Collect Information. By visiting the Site, whether as a registered user or otherwise, you acknowledge and understand that you are giving us your consent to track your activities and your use of the Site and other websites, applications or interactive services through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you. See Your Choices section below for more information on how you can withdraw your consent for certain purposes.
We use Tracking Technologies to enable us to collect and then use Information as described in Section 4.2 “Other Information Collected by Us” under “How Is Collected Information Used” below. For example, we may use Tracking Technologies to prevent you from seeing the same advertisements too many times or seeing advertisements too frequently, to tailor your experience on the Site by delivering relevant personalized advertising, email marketing and other content and to record if you have opted out of receiving personalized advertising from us.
3.2.2 Third Parties’ Use of Tracking Technologies to Collect Information. This Site may additionally use a variety of third party advertising networks, data exchanges, data management platforms, supply side platforms, ad exchanges, traffic or audience measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Service Providers”) to, for example, facilitate personalized advertisements (“Customized Advertising”) and/or other content, serve advertisements on the Site and/or measure and analyze advertising or content effectiveness and/or traffic on the Site. Customized Advertising enable us to, among other things, help deliver advertisements to you for products and services that you might be interested in based on your visits to the Site and other websites, applications or other interactive services you have visited.
Third Party Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device subject to your choices about those Tracking Technologies (see “Tracking Technologies set by Third Party Service Providers and Advertisers” section below and “More Information on Managing Tracking Technologies” section below) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
We may also enlist the assistance of Third Party Service Providers so that the Site may set Tracking Technologies. For example, to the extent necessary to provide basic advertising serving services such as controlling how often you see advertisements or ensuring you do not see the same advertisement repeatedly, we may enlist the assistance of such Third Party Service Providers to create, customize or modify Tracking Technologies set by the Site. See also Section 5.2.1 for more information on this Site’s use of Nielsen’s proprietary measurement software to collect and use video viewing metrics and other information.
Except to the extent necessary to provide services to the Site, Third Party Service Providers do not have access to Tracking Technologies set by the Site, but we may provide to Third Party Service Providers certain Other Information collected by Tracking Technologies set by the Site in order for the Site to provide Customized Advertising or in order for the Third Party Service Providers to provide other services to the Site, such as measuring or analyzing advertising or content effectiveness or traffic on the Site. For example, in order to analyze traffic on the Site, we may provide to our Third Party Service Providers certain information we collect about your interaction with the Site along with an Identifier so that the Third Party Service Provider may provide analytics services to the Site.
4.1 Personal Information. We use the Personal Information we collect from you in a variety of ways, including:
4.2 Other Information Collected by Us. We use the Other Information we collect from you in a variety of ways, including:
5.1. Opting-Out of Certain Uses of Personal Information.
5.1.1 In Connection with Newsletters, Marketing or Promotional Emails or Offers. You may “opt-out” of receiving newsletters, marketing and promotional emails from the Site at any time by using the opt-out mechanism that is contained in each such email and by any other mechanisms that the Site may provide. Please note that when you opt-out of receiving these newsletters, marketing and promotional emails from us, you are not opting out of receiving marketing and promotional emails from other Cheddar properties. Please note that, if you deactivate your registration as a member of the Site, you shall continue to receive newsletters, marketing and promotional emails from us unless you subsequently exercise your opt-out options above.
5.1.2 CA Resident Opt-Out of Sale of Personal Information. California residents (“CA Residents”) may opt-out of the sale of their personal information as described in the “Your California Privacy Rights” section below.
5.1.3 Certain Continuing Rights Regardless of Opt-Outs. Even if you exercise your opt-out rights described in Section 5.1.1 above, we may continue to contact you for the other purposes described in the “How Is Collected Information Used” section above, such as for maintenance and administrative purposes.
5.2 Your Choices with Respect to Tracking Technologies.
5.2.1 Tracking Technologies Set By Third Party Service Providers and Advertisers. Third Party Service Providers and Advertisers may collect Other Information about you when you visit this Site for Customized Advertising to help identify products and services that may interest you and deliver advertising and/or other content tailored to your interests. Your opt-out options regarding these Third Party Service Providers and Advertisers are described below.
5.2.2. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
5.2.3. More Information on Managing Tracking Technologies. With respect to the Tracking Technologies set by the Site, Third Party Service Providers and Advertisers, please note the following with respect to the above opt-out options:
If your Internet browser is not listed above or you otherwise are having difficulties with the links, you may be able to access controls to:
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. PLEASE NOTE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE OPERATION OF THESE BROWSER COOKIE CONTROLS. ALSO, PLEASE NOTE THAT THESE BROWSER COOKIE CONTROLS ARE DIFFERENT FROM DO NOT TRACK OPTIONS THAT MAY ALSO BE OFFERED BY CERTAIN BROWSERS.
7.1 Sharing and Disclosure of Personal Information. We may disclose your Personal Information to third parties under the circumstances described below.
7.1.1 Disclosure for Marketing Purposes. We may disclose Personal Information for marketing, administrative and/or other purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.
7.1.2 Disclosure of Certain Information in Postings Intended to Be Disclosed. Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We shall disclose Posting Information in connection with the display of, and other services relating to, such Posting.
7.1.4 Disclosure to Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We shall refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Personal Information to operational service providers for the purpose of providing services to us.
7.1.5 Disclosure to Certain Other Third Parties. In addition to the above, we make your Personal Information available to certain third parties in the following limited circumstances:
8.1 Site Registration. If you registered for this Site, generally, you may review, update or delete certain Information collected by the Site by, if you are a registered user of the Site, logging into the Site and using the tools provided to edit such Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We shall allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current.
8.4 Limitations. Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and shall not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we shall provide to you an explanation of why access cannot be provided and contact information for further inquiries.
8.5 Children or Ineligible Teenagers. You must be at least 17 years of age to use the Site. If we inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of the Site or certain features of this Site (“Ineligible Teenagers”), the child or Ineligible Teenager, or parent or legal guardian of the child or Ineligible Teenager (the “Parent”), may unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a Parent of a minor (a person under the age of 18, or the age of majority in your state).
While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions, private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our employees’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such Information and any employee found violating our standards of security and confidentiality shall be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ emails to lead consumers to counterfeit websites, or otherwise respond in a manner that is, designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at email@example.com, and then immediately delete the fraudulent email from your computer.
CA Residents have the right to know the CA Personal Information collected, disclosed or sold about them by a Business, the right to request the deletion of the CA Personal Information the Business collects from them (subject to certain exceptions), the right to opt-out of the sale of their CA Personal Information, and the right not to receive discriminatory treatment by the Business for exercising any of these privacy rights.
10.1 Collection of CA Personal Information. Cal. Civ. Code § 1798.140(o) contains a list of categories of CA Personal Information. The table below lists the categories of CA Personal Information we have collected about consumers in the preceding 12 months, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was shared.
Category of CA Personal Information
Information Collected and Categories of Sources
Business or Commercial Purpose for Collection
Categories of Third Parties With Whom CA Personal Information Was Shared
Personal Information you provide us (see § 3.1)
Other Information collected through Tracking Technologies (see § 3.2)
Personal Information used for purposes described in § 4.1
Oher Information used for purposes described in §§ 4.1 and 4.2
Site visitors in connection with Posting Information (see § 7.1.2)
Co-Branded Partners and Operational Service Providers (see § 7.1.3 and 7.1.4)
Government entities and other third parties (see § 7.1.5)
Electronic Network Activity Information
Other Information collected through Tracking Technologies (see § 3.2)
Other Information used for purposes described in §§ 4.1 and 4.2
Third Party Service Providers and Advertisers use Other Information for Customer Advertising and related analytics and measurement as described in §§ 3.2.2 and 4.3
Third Party Service Providers and Advertisers collect Other Information using Tracking Technologies (see §§ 3.2.2 and 4.3)
10.2 Disclosure and Sale of CA Personal Information; Opt-Out of Sale. The CCPA distinguishes between the disclosure of CA Personal Information for business or commercial purposes (a “CA Disclosure”) and the “sale” of CA Personal Information (a “CA Sale”), which is broadly defined to include making such information available to a third party for monetary or other valuable consideration.
For purposes of this policy, we consider our sharing of Personal Information with Site visitors in connection with Posting Information, with Co-Branded Partners and Operational Service Providers, and with Government entities and other third parties as described in Section 7.1 to be disclosures for the business and commercial purposes set forth in that section.
We consider our allowing third parties to use Tracking Technologies to collect Other Information on the Site for Customized Advertising and other purposes described in Section 3.2.2 to be a CA Sale of such Other Information. CA Residents can opt out of the CA Sale of their CA Personal Information by clicking on the California Do Not Sell My Info link.
We do not knowingly collect or sell the CA Personal Information of any CA resident who is a child or Ineligible Teenager under the age of 17.
10.3 Right to Know and Deletion Requests. CA Residents have the right to request that we disclose the categories and/or specific information of CA Personal Information we have collected about them. CA Residents also have the right to request that we delete the CA Personal Information we collected from them, subject to certain exceptions (such maintaining the information to continue to provide our services).
For all Site users, the categories of information we collect, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was shared are described above.
CA Residents may submit requests to know the specific pieces of CA Personal Information collected about them or to have their personal information deleted by emailing us at CCPA@ratemyprofessors.com or via the request forms available here (for right to know specific pieces of CA Personal Information collected) and here (for deletion). We will only be able to honor such requests for CA Residents whose identities we can verify. Registered Site users making a request via the online request form will be required to verify their identity with their User ID. Registered Site users making requests via email will be required to provide additional information relating to their account (e.g., information contained in their account profile) and/or be directed to log into their account in order to verify their identity. For non-registered Site users, the CA Personal Information collected is limited to Other Information (see Section 3). We do not have any reasonable way to verify the identity of a non-registered CA Resident making a right to know specific pieces of information or deletion request with respect to this information.
The right to request deletion of CA Personal Information does not extend to any personal information contained or displayed within a Posting on the Site, as such postings are the protected free speech of the Site user who made the Posting.
10.4 Authorized Agents. CA Residents may use an authorized agent to submit an opt out, right to know or delete request on their behalf provided that the CA Resident gives the authorized agent written permission to do so, the authorized agent submits verifiable proof of such written permission and their identity to us, and the CA Resident subsequently verifies to us that permission has been provided. CA Residents or their authorized agents can contact us at CCPA@ratemyprofessors.com for instructions and identity verification requirements for authorized agent requests.
10.5 Shine the Light Law (Cal. Civ. Code § 1798.83). A separate California law requires that we provide CA Residents with notice and choice with respect to the disclosure of their Personal Information to third parties (such as Advertisers) for marketing purposes. We provide this notice and choice in Section 7.2 above. This satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.
10.6 CA Privacy Questions. If you are a CA Resident and have additional questions regarding our collection, use or sharing of your CA Personal Information, or your CCPA or Shine the Light law rights as described in this Section, you may send us your questions by email to the Privacy Administrator at firstname.lastname@example.org. All requests should be labeled "Your California Privacy Rights" on the email subject line. For all requests, please clearly state that the request is related to "Your California Privacy Rights", and include your name address and, if a registered Site user, the email address associated with your User ID.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who may access and use your Personal Information or for what purposes. Cheddar is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues shall be available publicly, even without your knowledge or authorization. We reserve the right, in our sole discretion, to set certain limits on the availability of some or all features within our Communities. If you use SMN, your profile may display Information to the general public, including display name, profile URL and your member relationships, unless and if the SMN allows you to make such Information private. Publicly displayed Information and Postings may be indexed by third party search engines and appear in search results on third party websites.
Effective March 12, 2020