A. INFORMATION WE COLLECT
Our Services typically collect two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you that we automatically collect when you visit our Services or that you provide us.
(1) 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, address, email address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Services. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program promotion, or some other aspect of our Services. For instance, you may: (a) provide your name, address, email address, and phone number when registering with our Services, or in connection with a sweepstakes or contest entry; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; or (c) post a general comment and/or recommendation on our Services. 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 you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Services.
(2) Non-Personal Information:
Non-personal information can include certain personally identifiable information that has been de-identified; that is, information 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 Services. This information can include, among other things, IP addresses, 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 Services, the specific web pages you visit, and the duration of your visits.
(3) Device Location Information:
We may collect different types of information about your location, including general information such as IP address or zip code and more specific information such as the GPS-based functionality used to access the Services. We may use that information to customize the Services with location-based information, advertising, and features. For example, if you provide a zip code that indicates that you live in California, the Services may be customized with California-specific information and advertisements. In order to do this, your location information may be passed along to our Affiliated Companies, agents, vendors, or advertisers. If you access the Services through a mobile device and you do not want to provide us with your location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
B. HOW WE USE THE INFORMATION COLLECTED
(1) Personally Identifiable Information:
The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our Affiliated Companies, or to communicate with you about content or other information you have posted or shared with us via our Services.
(2) Non-Personal Information:
We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our Affiliated Companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that is not intended to personally identify you.
(3) IP Addresses:
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Services, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Services. IP addresses are considered non-personal information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor’s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Services’ rules or 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 Services, or other users; or (d) in an emergency to protect the health and safety of our Services’ users or the general public.
(4) Cookies, etc.:
When using one of our mobile applications, you may receive tailored in-application advertisements. Each operating system, Android for Android devices, iOS for Apple phones, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. Review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, visit the privacy settings for the applicable device or contact the applicable platform operator.
(5) Email Communications:
If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by following the instructions at the bottom of most commercial emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
C. HOW WE MAY SHARE YOUR INFORMATION
(1) Third Parties:
We may share with, or sell to third parties, your personally identifiable information such as our co-promotional partners, list rental/purchasing agencies, and persons or entities with whom we have marketing, business, or other relationships.
(2) Transfer of Assets:
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
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 Services, or other users; or (d) in an emergency to protect the health and safety of our Services’ users or the general public.
D. YOUR CHOICES
You may opt-out from receiving future promotional information from us or our Affiliated Companies, or direct that we not share your information with any Affiliated Companies, as set forth below. Whether you opt-out is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Services.
E. ACCESSING AND UPDATING YOUR INFORMATION
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Services.
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot 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. If 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 attempt to notify you by email (at our sole and absolute discretion) to the last email 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.
(1) Your California Privacy Rights:
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law (if any) during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: [email protected], with the subject heading “California Privacy Rights.”
(2) Public Forums:
(3) Wireless Marketing Services:
If you register for wireless marketing services, you understand and agree that you will be charged by your wireless carrier for all messages sent to you. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to a your wireless device, telephone number, or email address.
You may cancel one or more services via your wireless device at any time by using the unsubscribe mechanism provided at the time the message is sent, or by sending a text message that says “UNSUBSCRIBE.” We will then terminate your registration for the most recent wireless service sent to you. If you unsubscribe, the service(s) will be terminated immediately and will cancel your previous opt-in.
You understand, acknowledge, and agree that we may, in our sole discretion and without liability to any user, terminate the offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on the Services.
The features, programs, promotions and other aspects of our Services requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us [email protected] A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
(5) Other Sites/Links:
Our Services may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Services and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Services and to read the privacy statements of all third party websites before submitting any personally identifiable information.
(6) Users Located Outside the United States:
(7) Third Party Rights:
(8) Sole Statement: