Privacy Policy

Date Last Updated:  March 18, 2022

 

We are committed to protecting and respecting your privacy. This Privacy Policy describes how Phantom Producer (together, “Phantom Producer,” “we” or “us” or “our”) collects, uses, and discloses information from visitors (“you” or “your”) to the websites, located at www.phantomproducer.com and www.killerhertz.com, and app functionality (the “Platforms”) and through the provision of services on the Platforms (the “Services”).  The Privacy Policy does not apply to information collected through third-party websites or Services that you may access through the Platforms. Before engaging with us or submitting Personal Information to us or using the Platforms, please review this Privacy Policy carefully. By visiting the Platforms and using the Services, you agree to this Privacy Policy.

Information We Collect

“Personal Information” includes any information that we collect about you that, alone or in combination with other information, can be used to identify you, such as a personal identifier (e.g., name, email address, postal address, phone number), transaction-related information, online identifiers, or inferences about your preferences. For the purpose of this Privacy Policy, Personal Information also includes “Personal Data,” as defined under the General Data Protection Regulation (“GDPR”). 

The categories of Personal Information that we collect from you depend on your interactions with us.

Use of Platforms. We may collect and process Personal Information, including but not limited to, any name, phone number, and email address that you provide to us when you fill out the “Contact Us” form.

Direct Identifiers. We may collect identifiers such as your name, address, email address, phone number, payment card number and related information to process payments, account username and password and other similar information. 

Commercial Information. We may collect information such as the products and services you purchase or receive from us and the items in your shopping cart on our Platforms.

Automatically Collected Information. We collect usage data about devices you use to access the Platforms, such as browser type, device manufacturer, operating system, domain name and IP address, from all website visitors (“Automatically Collected Information”). We use Automatically Collected Information internally to help us improve your experience with the Platforms and Services. 

Information We Use and Disclose to Third Parties

We use the information we have about you to provide our Services to you, communicate with and respond to your inquiries, enforce any Terms of Service for the Platforms and its Privacy Policy, analyze Platforms and Services usage, to operate our systems properly, market our products to you, and improve this Platforms and the Services. To assist us with the uses described in this Privacy Policy, information that we or our designated service providers have collected about you through this Platforms, including your use of this Platforms, may be aggregated, analyzed or enhanced with personal or other information about you that we have from other sources. We do not share or sell your Personal Information with any third party not affiliated with Phantom Producer for direct marketing purposes. You can opt-out of marketing communications by indicating so when your sign up for our Services or may contact us directly.

We will only share your Personal Information at your direction, with your consent, or in the following circumstances:

Designated Service Providers. We may share your Personal Information with companies or individuals that we contract with in order to provide service (“Service Providers”). These services may include payment processing, providing products or services to you on our behalf, creating or maintaining our databases, or responding to inquiries. We may disclose Automatically Collected Information obtained from your use of the Platforms to our service providers who provide services to us. We may disclose aggregated and/or de-identified information derived from your Personal Information to third parties, including to our service providers. Such aggregated and/or de-identified information cannot reasonably be used to identify you.

Business Transactions. In the event that Phantom Producer goes through a business transition, such as a merger, acquisition by another company, reorganization, or sale of a portion of its assets, your Personal Information may be transferred in connection with the proposed transaction. We will provide you with the option to opt out of the transfer of your Personal Information to the successor entity if that entity has not committed to comply with this Privacy Policy, or a Privacy Policy that is in all material respects as protective of your Personal Information as this Privacy Policy.

Parent Company and Affiliates. We may share your Personal Information with companies under common ownership and control of Phantom Producer, including our parent company and affiliates. 

Legal Obligations. We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to satisfy our legal obligations. This may include: (i) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (ii) to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (iii) to protect the interests, rights, safety, or property of us, or any of our members, subsidiaries, affiliates, employees, users, customers, suppliers, or others; (iv) to monitor compliance with and enforce the Terms of Service for this Platform; (v) to operate the systems that ensures the Platform functions properly; or (vi) if we believe in good faith that a disclosure is necessary.

Rights With Respect To Your Personal Information

Depending on the jurisdiction, you may have the right to access, correct, delete, or restrict use of certain Personal Information covered by this Privacy Policy. Depending on the jurisdiction, you may also have the right to request that we refrain from processing Personal Information. Please note that if you exercise such rights, this may affect our ability to provide our products and services to you. To honor any requests, we will verify your identity by asking you or your authorized agent to provide information necessary to verify your identity. We will only use the Personal Information provided in the verification process for identity verification purposes. Please note that if you exercise such rights, this may affect our ability to provide our products and services to you. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable law. Please note that it may take some time to process your request, consistent with applicable law. For inquiries about your Personal Information, please contact us through one of the methods listed below.

Notice to California Residents

We provide California residents the privacy rights listed below in accordance with the California Consumer Privacy Act (“CCPA”):

The right to know. You have the right to request to know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the purpose for collecting and selling your Personal Information; (v) the categories of your Personal Information that we sold or disclosed in the last 12 months.

  • Within the preceding 12 months, Phantom Producer has collected the categories of Personal Information to provide our Services: Identifiers (e.g., email address, username or password, IP address); Categories of Personal Information under the California Customer Records statute (e.g., name, postal address, phone number, payment card information); Commercial Information (e.g., records of services or products purchased, marketing preferences); Internet Activity (e.g., browsing history or interaction with the Platforms); and Inference Data (e.g., personal profiles reflecting preferences)

 

  • We may obtain Personal Information from the following sources: (i) directly from you (e.g., when you communicate with us, provide payment for Services); (ii) indirectly from you (e.g., when you visit our Platforms)

 

  • Within the preceding 12 months, Phantom Producer has used the following categories of Personal Information: Identifiers; Categories of Personal Information under the California Customer Records statute; Commercial Information; Internet Activity; and Inference Data. We use your Personal Information for the following business purposes to: operate and improve our business; to fulfil the purpose for which the Personal Information was collected (e.g., to provide Services); to maintain or improve the quality of our Services; detecting and investigating fraud and other illegal activities administer

 

  • Within the preceding 12 months, Phantom Producer has disclosed the following categories of Personal Information for a business or commercial purpose: Identifiers; Categories of Personal Information under the California Customer Records statute; Commercial Information; Internet Activity; Inference Data. We disclose your Personal Information, for a business purpose, to service providers, our partners or affiliates, or third parties with whom we collaborate. Please note that Phantom Producer does not sell your Personal Information.

The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

The right to equal service. If you choose to exercise any of these rights, Phantom Producer will not discriminate against you in anyway. If you exercise certain rights, understand that you may be unable to use or access certain features of Phantom Producer’s Platforms or the Services.

You may exercise your right to know and your right to deletion two-times a year free of charge. To exercise your right to know or your right to deletion, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and https://www.phantomproducer.com/world/data-request.html

 

Verification. We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing Account authentication practices to verify your request. If you do not have an Account with us, we may request additional information about you. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

Authorized Agent. You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

Shine the Light. California residents are entitled to request and obtain from Phantom Producer once per calendar year information about when we share your Personal Information with third parties for those third parties’ own direct marketing purposes. To request this information, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and indicate “California Shine the Light” in the subject line.

Notice to Residents of the European Economic Area (“EEA”) and the United Kingdom (“UK”)

If you are a resident of the EEA or the UK, you have the rights under the General Data Protection Regulation (“GDPR” or “UK GDPR”). We are required to comply with the GDPR, UK GDPR, and  applicable local laws with regard to certain Personal Information we collect. We process Personal Information for the purposes described above. If we use or process Personal Information in ways other than described in this Privacy Policy, we will provide you with specific notice at the time of collection. Please note that we do not knowingly collect Special Categories of Person Information, which includes information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health, sex life, and sexual orientation.

For such Personal Information, the Phantom Producer is the data controller of the Personal Information.

We collect your Personal Information detailed in Information We Collect and rely on the following legal bases to process your Personal Information (i) valid consent provided by you; (ii) as necessary for the performance of a contract; (iii) compliance with a legal or regulatory obligation; and (iv) to fulfill our legitimate interest, unless your fundamental rights and freedoms override those interests.

 

How We Use Your Personal Information

Lawful Basis for Processing Your Personal Information

Onboard you as a customer, verify your identity, process and fulfill your order, and perform other activities that are part of our Services

Our processing may be based on our contract with you, your valid consent, or our legitimate interests to provide you with information you need and to respond to your requests.

Manage the processing of your order and financial transactions

Our processing may be based on our contract with you.

Communication with you by promoting our products and services, including other marketing communications

Our processing may be based on your valid consent or our legitimate interest to provide you with information you need and to respond to your requests.

Improve the quality of our services, and for other related internal business purposes

Our processing may be based on our legitimate interests to provide you with services and information you need and to respond to your requests.

Ensure the security and integrity of the Personal Information we process and to prevent and address fraud or breach of the Terms of Service

Our processing is based on our legal obligations and our legitimate interest to improve security and reduce the occurrence of fraudulent transactions.

Comply with our legal and regulatory obligations, including establishing, exercising and/or defending legal claims

Our processing is based on complying with applicable legal or regulatory requirements.

 

Data Subject Rights. Subject to certain conditions, if you are a resident of the EEA or UK and have submitted Personal Information to us, you have the followings rights with regard to your Personal Information that we hold:

 

Access: You have the right to access certain information about how we process your Personal Information, including the categories of Personal Information that we process, our purposes for processing, and with whom we’ve shared your Personal Information;

  • Correction: You have the right to rectify inaccurate Personal Information concerning you and, in certain circumstances, the right to have incomplete Personal Information completed;
  • Deletion: You have the right to erasure of your Personal Information in certain circumstances, including when the Personal Information is no longer necessary for the purposes for which we collected it;
  • Portability: Where processing is based on your consent or on a contract, the right to data portability (the right to obtain a copy of the data concerning you in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from us);
  • Restrict Processing: You have the right to restrict our processing of your Personal Information in certain circumstances, including when the processing is unlawful or you contest the accuracy of your Personal Information;
  • Object to Processing: You have the right to object to our processing (including our automated processing) of your Personal Information based on our legitimate interests, in certain circumstances.
  • Right to Complain: You always have the right to lodge a complaint with your local competent supervisory authority.

 

You can submit these requests by email or our postal address provided below. We may request specific information from you to help us confirm your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. Please note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the services we offer.

Withdrawal of ConsentWhere you have given us valid consent to collect, use, and process your Personal Information in certain ways, we will rely on your consent. In instances in which we have based our processing of your Personal Information on your consent, you have the right to withdraw your consent. Please note that when you withdraw consent, we might not be able to provide you with services under the Sites. To withdraw such consent, please contact us through the methods listed below. Please note that in certain situations, we may continue to process your Personal Information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with a legal obligation or if it is necessary to do so to pursue our legitimate interest in keeping the Platforms safe and secure.

Notice to Brazilian Residents

If you are a resident of Brazil, you have certain protections and rights under the Brazilian General Data Protection Law (“LGPD”). We rely on the following legal bases to process your Personal Information: (i) valid consent provided by you; (ii) as necessary to fulfill a contract; (iii) to fulfill our legitimate interest, unless your fundamental rights and liberties outweigh those interests; or (iv) to comply with a regulatory or legal obligations.

If you are a resident of Brazil, you have the right to obtain the following regarding your Personal Information: (i) confirmation of processing; (ii) access to data upon request; (iii) correction of inaccurate data; (iv) deletion of unnecessary of excessive data or data; (v) transfer of data; (vi) which entities with whom data has been shared; and (vii) block the processing of data.

For Platform visitors located in Brazil, the data controller processing your Personal Information is Phantom Producer.

Notice to Canadian Residents

 

If you are a resident of Canada, you have rights under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). We strive to ensure the information we have about you is accurate and will your personal information for as long as required to comply with all business, legal and regulatory record keeping requirements and aligned with our internal policies and retention schedules. You have the right to access, correct, complete or delete any Personal Information that we process about you in our role as a data controller for the processing of such Personal Information. We will seek your consent, either express or implied, prior to the collection, use, or disclosure of your Personal Information. If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, you have the right to withdraw your consent to the processing of your Personal Data under certain circumstances. We will do our utmost to ensure the information we have about you is accurate and complete and will keep your personal information for as long as required to comply with all business, legal and regulatory record keeping requirements and aligned with our internal policies and retention schedules.  If you wish to exercise any right set forth in this section, please send contact us at the information listed at the bottom of this Privacy Policy. We may request specific information from you to confirm your identity prior to processing your request. Please note that will be transferred outside of Canada and is subject to the laws of the receiving jurisdiction, including laws relating to disclosure of Personal Information.

 

International Data Transfer

We are headquartered in the United States and maintain service providers in the United States and in other countries. Please be advised that the United States and other countries may not offer the same privacy protections as the law of your jurisdiction; and (ii) the processing of your information in these countries. If you visit our Platforms, or contact us from outside of the United States, please be advised that (i) any Personal Information you provide to us or that we automatically collect will be transferred to the United States; and (ii) by using our Platforms or submitting Personal Information, you explicitly authorize its transfer to and subsequent processing in the United States and other countries in which we operate in accordance with this Privacy Policy. When required by applicable law, we utilize consent to facilitate the transfer of Personal Information from EEA or UK data subjects, and may also transfer Personal Information subject to applicable derogations under GDPR Article 49.

Data Retention

We retain information we collect as long as it is necessary and relevant to fulfill the purposes outlined in this Privacy Policy. Subject to applicable law, we retain Personal Information to resolve disputes, enforce our Terms of Service, or other actions permitted by law.

Data Security

We maintain administrative, physical, and technical safeguards aimed to protect against unauthorized use, disclosure, alteration, or destruction of the Personal Information we collect and maintain. However, no data transmission over the internet is ever 100% secure. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to our Site.

Cookies and Other Data Collection Technologies

Cookies: For information regarding how we utilize cookies and other data collection technologies, please see our https://www.phantomproducer.com/world/cookies.html

 

“Do Not Track” signals. Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. Currently, our Site does not respond to “Do Not Track” signals and will continue to collect information about you even if your browser’s “Do Not Track” functionality is activated. Please note that your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information. 

Third-Party Websites

Please note that the use of the Site may contain links to third-party websites. We are not responsible for any Personal Information you may provide while on such websites or the privacy practices or content of other websites. Any information provided on such sites is governed by the privacy policies of the third-party sites. Any information provided on such websites is governed by the privacy policies of the third-party websites and not this Privacy Policy.  We encourage you to review and understand the privacy policies of any third-party website before providing your Personal Information.

We accept payment for our Services through Worldpay. In order to process your payment for a purchase, your payment card information will be processed by Worldpay’s website. For such Personal Information provided in the course of providing payment, the Worldpay is the data controller of that Personal Information. Please review Worldpay's Privacy Notice to better understand how they will use your Personal Information.

 

 

Children’s Privacy

In accordance with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable children’s data protection laws, we do not knowingly collect Personal Information from children under the age of 13.

Notification of Changes

We may change this Privacy Policy from time to time. If we make a material change to the way we intend to use your Personal Information, we will notify you by modifying the date updated at the beginning of this Privacy Policy. We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay information about our privacy practices.

Questions or Complaints Regarding this Privacy Policy

If you have questions regarding this Privacy Policy, please contact us at the addresses listed below.  Please include “Privacy” in the subject line of your inquiry. Additionally, if you have complaints about Phantom Producer’s processing of your Personal Information, you may have the right to lodge a complaint with the applicable supervisory authority in the jurisdiction where you reside.

By mailGemini XIII/Phantom Producer, PO Box 242 New York, NY 10044

By emailThis email address is being protected from spambots. You need JavaScript enabled to view it.