A. Information Collected
We collect two types of information from visitors to the Sites: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies.
(1) Personally Identifiable Information
“Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, email address, or company name. Pelican collects and stores the personally identifiable information that you have provided to us. Here are some examples of manners in which we may collect your personally identifiable information on the Sites:
We may collect your email address, first and last name and zip code if you sign up for an online newsletter;
We may collect your email address 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; and
We may collect your email address, place of residence and other information from your public profile if you register for one of our websites through a social media site such as Facebook.
The above list provides an example of the personally identifiable information that may be collected on the Sites. If you do not want Pelican to collect your personally identifiable information, please do not provide it to us.
(2) Non-Personally Identifiable Information
“Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Sites and a description of how this information is used:
Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
Cookie – 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. You may 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.
Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” 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.
Demographic Information – “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information. The above list provides an example of the non-personally identifiable information that is collected via the Sites.
B. Use of Information Collected Via the Sites
(1) Personally Identifiable Information
We use your personally identifiable information that is collected on these Sites primarily for the following purposes:
To deliver services, such as information or newsletters you request;
To alert you to special offers, updated information and other new services and/or offers from Pelican, or other third parties, or to forward promotional materials;
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 Order Inquiry.
(2) Non-Personally Identifiable Information
Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information (except with respect to non-personally identifiable information collected from children under the age of 13).
C. Sharing and Disclosure of Information
(1) Personally Identifiable Information
We may share or disclose your personally identifiable information in the following instances:
(i) To fulfill a service to you. For example, if you email us a question, we may use your email address to process your request and respond to your question. 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. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion:
(ii) To affiliates, 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 or who require your personally identifiable
information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.
(iii) 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 Pelican’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). 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. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.
(v) 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 Pelican and its family of Sites or act in urgent circumstances to protect the personal safety of our end users.
(vi) 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.
(vii) 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.
(viii) 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.
(2) Non-Personally Identifiable Information
We use non-personally identifiable information collected on the Sites in the manner disclosed above in the Section A(2). We may share this non-personal information with third parties.
D. Collection and Use of Information from Children Under the Age of 13
(1) We do not solicit or collect Personally Identifiable Information Children
E. International Transfer of Information
If you choose to provide us with personally identifiable information, Pelican 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 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 the EU and by providing your personally identifiable information you consent to:
the transfer of your personally identifiable information to the United States as indicated above.
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 or if you do not want us to share your personally identifiable information with third parties. 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.
G. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area including our social media sites is available to anyone with Internet access. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
H. Third Party Web Sites
This statement applies solely to information collected on the Sites. The Sites may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.
I. Third Party Advertisers
We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Sites. Please be advised that such advertising companies may gather information about your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
J. Accessing Your Personally Identifiable Information and Privacy Preferences
We provide you with an opportunity to access your personally identifiable information to ensure it is correct, accurate and current. To edit your personally identifiable information, please contact our customer service representatives at . To be removed from our mailing list, please contact use at . We will make reasonable efforts to accommodate your request.
In the event that all or part of our assets or 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.
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 Pelican is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
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. Age Screening
Some parts of the Sites require that personally identifiable information be submitted in order to participate. For example, if you want to receive one of our newsletters, you must give us your email address. Some parts of the Sites may have an age-screening mechanism to prevent kids from registering. We will not knowingly allow anyone under the age of thirteen to register with any of our Sites, or to access those features that require registration, except as explicitly disclosed herein.
If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen other than in a legally permissible situation, we will delete the information from our records as soon as we discover it.
O. Contacting Pelican
P. Dispute Resolution
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Sites, other than disputes related to or involving Pelican’s intellectual property or Pelican’s licensed intellectual or proprietary rights, you and Pelican mutually agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
If the parties are unable to resolve the dispute through informal negotiation, you and Pelican agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the San Diego County, California, area and shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, Discovery will pay all filing, JAMS, and arbitrator’s fees and expenses.
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
Q. Choice of Law
The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
R. Choice of Forum
By using the Pelican Sites, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
YOUR CALIFORNIA PRIVACY RIGHTS
Pelican does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personally Identifiable Information or Non Personally Identifiable Information.
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Pelican’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:
Pelican Club Pictures, LLC , P.O. Box 7268, Rancho Santa Fe, CA 92067
Last updated on August 14, 2017.