Cracked.com - Privacy Notice

Last updated: January 2023

About this Privacy Notice

You deserve to be aware of how your personal data is used. Moreover, data protection laws give you certain rights over your personal data, no matter when or where it is being processed. This Privacy Notice is meant to give you information about what personal data we collect about you, how we use it, why we use it, and how you can control the data processing.

Table of Contents

  1. The Basics: Who We Are, Our Role, and Definitions
  2. Personal Data We Collect, How We Use It, and Why
  3. Our Marketing Activities
  4. Sharing the Personal Data We Collect
  5. International Transfers
  6. Security
  7. Your Rights Under GDPR
  8. Your Rights as a California Resident
  9. Data Retention
  10. Cookies and Similar Technologies
  11. Third-Party Services
  12. Children
  13. Changes to the Privacy Notice
  1. The Basics

    1. Who We Are. Cracked.com is an online publisher operated by Literally Media Ltd. and its subsidiaries. Our company number is 514615798 and our registered offices are located at 32 Maskit St., Hertzelia, Israel 4673332. If you have questions about our company or your privacy, or want to exercise your rights, or you just want to say hello, you can contact us at privacy@cracked.com.
    2. Definitions and Recommendations
      1. When we refer to "services", we mean services, content, and features available on our website and the content and features available on our website or in newsletters we send.
      2. When we refer to "personal data", we mean information that is defined as personal data under law. This includes information that identifies you directly or indirectly, including unique identifiers like IP addresses or cookie IDs.
      3. When we refer to "you", we mean visitors and registered users of our website and services.
      4. This Privacy Notice is meant to be read together with our Terms of Service, which you can find at https://www.cracked.com/terms-and-conditions.html. In general, we recommend that you routinely review this Privacy Notice and your preferences on our site.
    3. Our Role: Controller and Business. Certain data protection laws, including the laws in the EU and California, differentiate between a party that determines why and how personal data is processed (called a "controller" in the EU and a "business" in California) and a party that processes personal data solely on that party's behalf and according to its instructions (called a "processor" or a "service provider"). We are the controller or business (as applicable) in respect of the processing described in this Privacy Notice.
    4. A Note on Legal Bases. Certain jurisdictions only allow the processing of personal data where a legal basis has been established. Under the EU's General Data Protection Regulation ("GDPR"), the possible legal bases include (but are not limited to): your consent, the processing is necessary to perform a contract with you, the processing is necessary to fulfill our legal obligations, or a company has a legitimate business interest to process your personal data. We only collect and process data where we have established a legal basis. Below you can find more details about specific legal bases.
  2. Personal Data We Collect, How We Use It, and Why.

    Below is a description of the types of personal data we collect, how we use it, and the reason why we consider each use lawful. You have no legal obligation to provide us with personal data, but if you don't provide us with certain information, we may not be able to provide you with the associated services.

    1. Contact Form Information – When you send us a message through the contact form on our site, we collect any data you provide, such as your name, email, and the content of your message. When you sign up for our newsletters or mailing lists, we collect your name and email address.

      How We Use this Data: To respond to your message.

      Legal Basis: We process this personal data based on the performance of a contract with you when we respond to your inquiries.

    2. Registered Users – When you register as a user, we collect the username and password you choose as well as your email address. Any materials that you upload through your account, such as photos, images, or memes, will be collected by us.

      How We Use this Data: To enable you to access additional features through our website, saving articles, and providing you with tailored content, and to contact and communicate with you. If you have chosen to receive them, to provide you with newsletters and other materials we think will be of interest to you.

      Legal Basis: We process this personal data based on the performance of a contract with you when we provide you with services, including sending you newsletters at your request.

    3. Sweepstakes – When you enter one of our sweepstakes or raffles by registration for newsletters, we collect your name, email address and mailing address. Note that we manage our sweepstakes through a third-party service and their privacy practices are as set forth in their own privacy notice.

      How We Use this Data: To enter you into the sweepstakes, including to send you prizes you have won, and to register you for our newsletters.

      Legal Basis: We process this personal data based on the performance of a contract with you when we enter you into the sweepstakes and register you for newsletters.

    4. Activity and System Data (Cookies) – When you visit our site, we automatically collect data about your computer or mobile device, including personal data such as your IP address, device ID, browsing history (e.g. the other sites you've visited before ours), and your activity on our site (e.g. what pages you visited, for how long, and what links you clicked on). For more information about the cookies we use and how to adjust your preferences, see the Cookies and Similar Technologies section below.

      How We Use this Data: We mainly use this data to generate aggregated analytics data about the use of our site so we can maintain and improve the site and develop new products or services. We also use statistical data to prevent fraud and protect the security of our site. Some cookies may be used to provide you with advertising for our products and services or those of third parties, based on your preferences and interests. One of the tools we use to collect and analyze this data is "Google Analytics". For more information about how Google collects information and how you can control such use, see: https://www.google.com/policies/privacy/partners/.

      Legal Basis: We process this personal data based our legitimate interests to develop and improve our products and services, and to prevent fraud. When we collect your activity data to advertise to you, we do so on the basis of our legitimate interest to market our own products and services. We will only use your personal data for marketing third parties' products and services if you have given your consent. You may withdraw your consent at any time by changing your cookie preferences. Additional information regarding Our Marketing Activities is provided below.

    5. Job Applicants – If you apply for a job with us, we collect the information you provide as part of your application and during the course of the application process. This may include your name, contact details, resume, recommendations, and any other information we may request or that you choose to share with us.

      How We Use this Data: We use this data to process your job application, including using your contact details to contact you for scheduling purposes and to provide you with updates. We also use this data to manage our recruitment campaigns, as well as to analyze their results and improve future campaigns.

      Legal Basis: We process your application data based on our legitimate interest to attract and assess candidates for employment.

  3. Our Marketing Activities.

    As described above, we may use personal data we collect for advertising and marketing purposes. We try to limit the marketing material we send to a reasonable and proportionate level. Below we describe how you can control the marketing material you receive from us.

    1. Email Newsletters and Services Communications
      1. We use your contact details to send you newsletters. You can withdraw your consent at any time by contacting us at privacy@cracked.com.
      2. You can stop the delivery of all newsletters by following the "unsubscribe" link in any messages we send you. Alternatively, you can contact us at privacy@cracked.com to request to unsubscribe.
      3. If you are a registered user, you can change your preferences within your account to reflect how you would like us to communicate with you, including the frequency of newsletters.
      4. Note that if you are a registered user, we may need to contact you about administrative or service-related issues as part of the services we provide to you. You will continue to receive these messages even if you opt-out of newsletters.
    2. Web Ads
      1. We serve online ads based on the activity data we collect using cookies. You can change the way your browser manages cookies by adjusting the settings on your browser as explained below in the How to Adjust Your Preferences section.
      2. We may also use social media plugins, such as the Facebook plugin, which will allow social media platforms to link personal data collected through our site with personal data in your social media profile. This combined data may be used to serve you with advertising or customized content on the applicable social media platform. We recommend that you routinely review the privacy notices and preference settings that are available to you on social media platforms you use.
  4. Sharing the Personal Data We Collect.

    We share your personal data as follows:

    1. Service Providers. Below is a list of the types of service providers we use, the service each provides, and the types of data shared with each. All service providers have agreed to confidentiality restrictions and have undertaken to use your personal data solely as we direct.
      Type of Service Description Personal Data Shared
      Cloud Computing We use service providers that offer cloud computing services. They offer us space on their servers for us to store our files and programs, including your personal data. All personal data that we collect from you is stored on third party servers.
      Email Marketing We use an independent vendor to send out marketing emails on our behalf. Your name and email address.
      Analytics Providers We use a service provider to assist us with analytics services. Data collected automatically through our site, including IP addresses and cookie information.
      Online Advertising External service providers assist us in placement of online advertisements. Data collected automatically through our site, including IP addresses and cookie information.
      Sweepstakes Manager We use a third-party service to assist us in managing our sweepstakes Email and mailing addresses
    2. Advertisers. When you click on an ad, whether or not it's on our site, the relevant advertiser will be alerted that someone has visited the page on which the relevant advertisement was displayed, and may be able to identify your device by using certain technologies, like cookies. We share personal data with advertisers who collect data through our site with your consent. Advertisers are able to combine the personal data they collect independently with personal data we allow them to collect through our site.
    3. Change of Ownership. If we are looking to sell our company, liquidate assets, or merge with another, we may share your personal data with other interested parties as part of negotiations toward that transaction. In such case, or where we do sell our company, your personal data shall continue to be subject to the provisions of this Privacy Notice.
    4. Law Enforcement Related Disclosure. We may share your personal data with government agencies or other relevant parties, such as a law office or independent auditor: (i) if we believe that such disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice) or those of a third party; (ii) if required by law or court order; or (iii) as is necessary to comply with any legal and/or regulatory obligations, such as audit requirements.
  5. International Transfers.

    Some of our service providers are located in countries other than your own. When we transfer your personal data internationally, we will do so safely and securely and in accordance with applicable law.

    1. If you are located in the EU, when we share your personal data with third parties based outside of the European Economic Area ("EEA"), we will ensure that they sign on agreements that require them to comply with applicable law, keep your data secure at similar levels to the level described in this Privacy Notice, and make sure that your data protection rights are protected. We will also implement the following safeguards:
      1. We may transfer certain personal data to countries that have been deemed by the European Commission to provide an adequate level of data protection.
      2. Where we transfer your personal data to other countries, we (i) take additional security measures to protect the data and (ii) use specific contracts approved by the European Commission, known as the Standard Contractual Clauses, to give your personal data the same protection it has in the EEA.
      3. Please contact us at privacy@cracked.com if you would like further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  6. Security.

    The security of your personal data is our highest priority. We work hard to make sure that your personal data will be held securely and that it will not be shared or lost accidentally. However, it is impossible to guarantee absolute security. The security of your data also depends on the security of the devices you use and the way in which you protect your user IDs and passwords. The measures we take include:

    1. Technical Measures. The electronic safeguards we employ to protect your personal data include secure servers, firewalls, and antivirus protections. We encrypt data in transit and at rest using secure SSL protocols.
    2. Access Control. We limit access to your personal data only to authorized personnel who have a need to know. We review these permissions regularly and revoke an employee's access immediately after his/her termination.
    3. Internal Policies. We maintain and regularly review and update our privacy related and information security policies.
    4. Personnel. We require employees to sign non-disclosure agreements according to applicable law and industry customary practice.
    5. Database Backup. Our databases are backed up and verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity.
  7. Your Rights Under GDPR - How to Control Our Use of Your Personal Data.

    Depending on which laws apply, you have certain legal rights over your data. Below is some general information about rights that may apply to you but we recommend checking the law or consulting with a lawyer to understand what applies in your specific case. To exercise your rights, please contact us at privacy@cracked.com. We may ask for reasonable evidence to verify your identity before we can comply with any request.

    1. Right of Access. You may have a right to know what personal data we collect about you. We may charge you with a fee to provide you with this information, if permitted by law. If we are unable to provide you with all the information you request, we will do our best to explain why. See Article 15 of the GDPR for more details, if your personal data is subject to GDPR.
    2. Right to Correct Personal Data. You may have the right to request that we update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data. See Article 16 of the GDPR for more details, if your personal data is subject to GDPR.
    3. Deletion of Personal Data ("Right to Be Forgotten"). If you are located in the EU, you may have the right to request that we delete your personal data. Note that we cannot restore information once it has been deleted. Even after you ask us to delete your personal data, we may be allowed to keep certain data for specific purposes under applicable law. See Article 17 of the GDPR for more details, if your personal data is subject to GDPR.
    4. Right to Restrict Processing. If you are located in the EU, you may have the right to ask us to stop processing your personal data. See Article 18 of the GDPR for more details, if your personal data is subject to GDPR.
    5. Right to Data Portability. If you are located in the EU, you may have the right to request that we provide you with a copy of the personal data you provided to us in a structured, commonly-used, and machine-readable format. See Article 20 of the GDPR for more details, if your personal data is subject to GDPR.
    6. Right to Object. If you are located in the EU, you may have the right object to certain processing activities. See Article 21 of the GDPR for more details, if your personal data is subject to GDPR.
    7. Withdrawal of Consent. If we are processing your data based on your consent, you are always free to withdraw your consent, however, this won't affect processing we have done from before you withdrew your consent.
    8. Right to Lodge a Complaint with Your Local Data Protection Authority. If you are located in the EU, you have the right to submit a complaint to the relevant data protection authority if you have any concerns about how we are processing your personal data, though we ask that as a courtesy you please attempt to resolve any issues with us first.
  8. Your Rights as a California Resident.

    If you are a resident of the State of California, subject to certain exemptions, you have certain rights in relation to personal data that we have collected about you, as detailed below. To exercise your rights, please submit a request to us by contacting us at privacy@cracked.com. Your request must contain sufficient information that allows us to reasonably verify you are the person about whom we collected the applicable Personal data or an authorized agent of such person, which may include details relating to your account. We reserve the right to deny the request of any agent that does not provide proof that they have been authorized to act on behalf of the applicable consumer in accordance with applicable law. You may only request to exercise your right of access twice within a 12-month period.

    1. Right to Know. You have the right to request that we disclose to you any or all of the following, subject to applicable law:
      1. The categories of personal data we have collected about you.
      2. The categories of sources from which we collected the personal data about you.
      3. Our business or commercial purpose(s) for collecting, selling or sharing your personal data.
      4. The specific pieces personal data we have collected about you.
      5. The categories of third parties to whom we disclose personal data about you.
      6. The categories of personal data about you we have sold or shared and the categories of third parties to whom we have sold or with whom we have shared such personal data, by category or categories of personal data for each category of third parties to whom the personal data was sold or shared.
      7. The categories of personal data about you we have disclosed for a business purpose and the categories of third parties to whom we have disclosed such personal data.
    2. Right to Delete. Subject to certain exceptions, you have the right to request that we and any of our service providers delete your personal data.
    3. Right to Correct. You have the right to request that we correct any inaccurate Personal data we maintain about you, taking into account the nature of the personal data and the purposes of the processing of the personal data.
    4. Right to Opt-Out of the Sale or Sharing of Personal Data. If you are 16 years of age or older or have consented to the sale of your personal data, you have the right to direct us not to sell or share your personal data at any time. You may change your mind and opt back into the sale of your Personal data at any time by contacting us at the address above. We may deny any request to opt-out of the sale of personal data that we deem in our good-faith, reasonable and documented belief is fraudulent.
    5. Right to Limit Use and Disclosure of Sensitive Personal Data. You have the right to direct us to limit our use of your sensitive personal data, to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services and as otherwise permitted by applicable law.
    6. Right to Non-Discrimination for Exercising your Consumer Privacy Rights. You have the right not to be discriminated against for exercising any of your consumer privacy rights, such as, not being denied any goods or services or charged different prices or rates.
  9. Data Retention.

    1. We retain your personal data as long as necessary to fulfill each of the purposes we described above. Once we're done with your data, we delete it.
    2. When deciding how long to store personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized access, the purposes for which the personal data was collected, as well as applicable legal requirements. Please note that we may delete information from our systems without notifying you first. Retention by any of our service providers or subcontractors may vary in accordance with each business's retention policy.
    3. In some circumstances, we may store your personal data even after we're finished using it if required to do so by law (e.g. to fulfill tax or audit requirements), or to keep accurate records of our interactions in case there is a prospect of litigation relating to your personal data. In such cases, we will maintain the same security measures as described above.
    4. Please contact us at privacy@cracked.com if you would like details about the retention periods for each type of personal data we process.
  10. Cookies and Similar Technologies.

    1. What are Cookies? A cookie is a small piece of text that is sent to your browser by a website you visit. This piece of text acts as a sort of tag, letting the website know that it's you (really, your device) that's visiting. There are other technologies that act similarly, like web beacons, pixel tags, and Device IDs for apps, but for simplicity's sake we'll refer to them all as "cookies".
    2. Websites can place their own cookies (called "first-party cookies") but can also place cookies from other sites (called "third-party cookies"). If your browser holds both first and third-party cookies for a given website, both the website and the third party are notified when you visit the site. We may place both first and third-party cookies on our site.
    3. How We Use Cookies. While the specific names and types of cookies we use may change from time to time, they generally fall into one of the categories listed below. We will not place any cookies on your browser that are not strictly necessary unless you have first consented to receive them.
      Cookie Type Function
      Necessary These cookies allow the site to work correctly. They enable your access to the site, move around, and access different services, features, and tools. These cookies cannot be disabled.
      Functionality These cookies remember your settings, preferences, and other choices you make in order to help personalize and streamline your experience.
      Security These cookies help us identify and prevent security risks. They may be used to store your session information to prevent others from changing your password without your login information.
      Performance/Analytics These cookies collect analytical information to help us understand how you use our site, for example whether you have viewed messages, clicked on links, and how long you spent on each page. This helps us improve our site to better suit your needs.
      Advertising These cookies help advertisers show you ads. When we place advertising cookies, they help us track the efficiency of our advertising campaigns. Advertising cookies may track your browsing habits and activity when visiting our site and those of third parties and help us serve ads that are relevant and meaningful to you and your interests.
    4. Third Party Cookies. In addition to our first-party cookies, we may place cookies from the following third parties:
    5. How to Adjust Your Preferences. Most web browsers are initially configured to accept cookies, but you can change the settings, so your browser refuses all cookies or certain types of cookies. In addition, you are free to delete any existing cookies at any time. Please note that some features of the services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input these each time you visit.
    6. By changing your device settings, you can prevent your device's ad identifier being used for interest-based advertising, or you can reset your device's ad identifier. This means that you won't be shown ads that relate to your browsing activities. Typically, you can find the ad identifier settings under "privacy" or "ads" in your device's settings, although settings may vary from device to device. Adjusting your preferences does not mean you will no longer receive ads, it only means the ads that you do see can be less relevant to your interests.
  11. Third-Party Services.

    You may have access to third-party services through our services. Please note that all use of third-party services is at your own risk and subject to such third party's terms and privacy policies.

  12. Children.

    We do not knowingly collect personal data from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has registered without parental permission, please advise us immediately.

  13. Changes to the Privacy Notice.

    We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business. We will place any updates on this webpage. Please come back to this page every now and then to make sure you are familiar with the latest version.

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