About Us. Company is committed to safeguarding the information you entrust to Company and believes that every User should know how it utilizes the information collected from Users. Please note that the Site may contain links to other web sites, and the Site allows Users to download or otherwise access content (including software), controlled by third parties. Company is not responsible for the privacy practices of these or any other web sites or content controlled by third parties, and you access and utilize such content and web sites entirely at your own risk. Company recommends that you review the privacy and other practices governing any other web sites that you choose to visit and any content you wish to download or otherwise access. Company is based, and this web site is hosted, in the United States of America. If you are from the European Union, Canada or other regions of the world with laws governing data collection and use that may differ from U.S. law and you are registering an account on the Site, visiting the Site, or purchasing products from Company or the Site, or otherwise using the Site, please note that any personally identifiable information that you provide to Company may be transferred to or utilized by Company or its affiliates in the United States. Any such personally identifiable information provided may be processed and stored in the United States by Company or a service provider acting on its behalf.
II. Information Company Collects. Our Site has the ability to collect two types of information from and about you: (a) information that you provide that may be used to personally and specifically identify or contact you; and (b) information that does not personally identify you. We collect this information: (i) directly from you when you provide it to us; (ii) automatically as you navigate through the Site; and/or (iii) from third parties, for example, our business partners. Users browsing the Site without registering an account or affirmatively providing personally identifiable information to Company do so anonymously.
Personally Identifiable Information: Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, postal and email addresses, phone number, credit card or bank account information, etc. Users may provide and Company may collect personally identifiable information from Users in a variety of ways. Personally identifiable information may include, without limitation, (i) contact data (such as a User’s name, mailing and e-mail addresses) to register an account on our Site; (ii) demographic data (such as a User’s gender, zip code or age) when participating in a survey or poll, or registering or creating a profile on our Site; (iii) financial information or payment information collected to pay for purchases made from other Users via the Site or otherwise (such as credit card, debit card or other payment information); or (iv) other information willingly inputted by account holders in relation to services provided via our Site. Company does not collect social security numbers. If you communicate with Company by e-mail or otherwise, post User Content (as defined herein) to the Site, post messages to any forums, complete online forms, surveys or entries, provide information outside of the account registration process, or otherwise interact with or use the features on the Site, any information you provide may be collected by Company. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to realize a benefit we may offer, or gain access to certain content on our Site.
Non-Personal Information. Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information about you that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Site. This information can include, among other things: your IP address, GPS coordinates, or other unique identifiers that are automatically assigned to your computer, mobile or other device used to access the Site; the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.); the third party website from which your visit originated; the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.); the domain name of your Internet service provider (e.g., America Online, NetZero, etc.); the search terms you use on our Site; the specific areas within our Site that you visit; and the time of day and duration of your visits.
Additionally, certain information regarding your computer systems, network locations, IP address and software may be communicated to Company in certain circumstances by the digital rights management systems associated with certain Content that you download or access via the Site in order to prevent unauthorized use or distribution of the associated Content. Non-personally identifiable information collected by Company (such as patterns of utilization) is exclusively owned by Company and may be used as it sees fit in accordance with applicable law.
III. Additional Information about Collection Methods. A few of the methods and/or avenues that may be used to collect non-personal information include, without limitation, the following (and subsequent technology and methods hereafter developed):
Web Beacons and Ad Networks. Company may allow other companies, called ad networks, to serve advertisements to Users via the Site. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Company may “target” some ads to Users that fit a certain general profile. To deliver these ads properly, the Site may include a file, called a web beacon, from these ad networks within pages served by the Site or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other web sites. These general targets may also be used by ad networks to display targeted ads on other web sites as a substitute for random, irrelevant ads. In addition, the Site may use the technology of ad networks to serve ads only when you visit this Site. Ad networks may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of particular interest to you while you visit this Site. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
IV. Keeping Your Information Secure. When you submit information to us through our Site, you should be aware that your information is transmitted across the Internet and that no method of transmission over the Internet is 100% secure. Although we strive to protect your personally identifiable information and privacy and take reasonable security measures to protect your information when we receive it, you also need to ensure you take appropriate steps to protect your information. Your information may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to or from us. Please be advised that we cannot and do not ensure, represent, guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information.
Notice of Loss. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
V. How Company Uses Information.
Company may use personally identifiable information collected through the Site for the specific purposes for which the information was collected, to verify your identity, verify your address, to contact Users for a variety of reasons, such as customer service, regarding other content, products and services offered by Company that we believe may be of interest to you, to manage risk, or to communicate with you about content or other information you have posted or shared via our Site, and otherwise to enhance Users’ experience with Company. Company may also use information collected through the Site for research regarding the effectiveness of the Site and the business planning, marketing, advertising and sales efforts of Company, its trusted affiliates, independent contractors and business partners. Information collected from you may also be used to ensure compliance with certain terms and conditions and agreements entered between you and Company as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the Site.
Company will communicate with you through email and notices posted on this Site. These may include a series of welcome emails which help inform new Users about various features of the Site, emails and confirmations regarding actions taken by you on the Site or orders placed by you through the Site, and notices relating to the proper functioning of the Site or your account. Company may use your personal information to send you promotional information relating to the Content, products and services offered by third parties that Company feels may be of interest to you. The personal information you provide will allow us to alert you to new developments, new products, features and enhancements; special offers; upgrade opportunities; and surveys, contests and events of interest. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. We may send Company emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party.
We may use the non-personally identifiable information that we collect in a variety of ways, including to administer the Site, help us analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, improve the quality of the pages that make up our Site, gather broad demographic information, and to improve our Site. We may use your non-personal information by itself or aggregate it with information we have obtained from others.
VI. Disclosure of Information.
Company may disclose personally identifiable information collected from Users to its parent, subsidiary, third parties and other related companies, including, but not limited to, our co-promotional partners, vendors, consultants and professional advisors, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, to the extent necessary for them to perform or provide the services offered by the Site and the Site itself, and for the specific purposes for which the information was collected.
Company may disclose personally identifiable information in order to protect the rights, property or safety of a User or any other person. Company may disclose personally identifiable information if we believe it is necessary to investigate, prevent, or take action regarding a violation by User of any contractual or other relationship with Company or where Company has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Company, its users or the public or the perpetration of any illegal or harmful activity, or as otherwise required by law. Company may also disclose aggregate, anonymous data based on information collected from Users to content developers, investors, advertisers and potential partners. Finally, Company may disclose or transfer personally identifiable information collected from Users to a subsequent owner, co-owner or operator of our business, Site or applicable database; or in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.
Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Site, or other users; or (d) in an emergency to protect the health and safety of our users or the general public.
VII. Additional Considerations.
Personal Information Provided as Part of User Content. If a User includes such User’s personally identifiable information as part of the content that such User posts to the Site, such information may be made available to any parties using the Site (“User Content”). Company does not edit or otherwise remove such information before it is posted on the Site. If a User does not wish to have such User’s personally identifiable information made available in this manner, such User must remove any such information before posting such content. Company is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners.
Security of Information. Information about Users that is maintained on Company’s systems is protected using industry standard security measures. In order to secure your personal information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Site. However, no security measures are perfect or impenetrable, and Company cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. Company is not responsible for the circumvention of any privacy settings or security measures contained on the Site by any Users or third parties.
Children’s Privacy. Our Site is a general audience site. We do not knowingly collect personal information from children under the age of 13. If you use the Site, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children’s Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.
Your California Privacy Rights. California Civil Code Section 1798.83 permits users that are residents of California to request from companies conducting business in California certain information regarding Company’s disclosures of personally identifiable information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email Company at email@example.com or write us at the address noted below.