A. INFORMATION WE COLLECT
We typically collect two kinds of information about you through the Services: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, which we automatically collect when you visit our Services or that you provide us.
(1) Information that you provide to us (Personally Identifiable Information): Our definition of personally identifiable information (“PII”) includes any information that may be used to specifically identify or contact you, such as your name, postal address, e-mail address and/or phone number. As a general policy, we do not automatically collect your personally identifiable information when you use the 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 the Services. For instance, you may: (a) provide your name, postal/shipping address, email address, credit card number and phone number when registering for a particular Service, using our online store, or in connection with a contest entry; (b) provide certain demographic information about yourself (e.g., age, gender, purchase preference, and usage frequency) when participating in a survey, poll or joining a club; or (c) post a general comment and/or recommendation using a Service. 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 participate in the particular activity, realize a benefit we may offer, or gain access to certain content available on a Service.
Furthermore, for social media, if you choose to log-in, access, or otherwise connect to or with the Services through a social networking service, we may collect your user ID and user name associated with that social networking service and information that you make public using that social networking service. We may also collect information that you have authorized any such service to share with us.
In addition, you may have the opportunity to provide us with the PII, such as name or e-mail address, of a friend (or for a friend to provide such information about you), such as if you chose to e-mail a friend an article, electronic greeting card, trailer or other special feature from our website. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn’t seem like we are “spamming” them.
(2) Information Collected Automatically (Non-Personally Identifiable Information): Our definition of non-personally identifiable information is any information that does not personally identify you (“Non-PII”). Non-PII can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain Non-PII about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain Non-PII from you when you access any Service. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, or Safari), the third-party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, or Mac OS), the domain name of your Internet service provider (e.g., America Online or NetZero), the search terms you use on our Services, the specific web pages you visit, the duration of your visits, and location information.
B. HOW WE USE & SHARE 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 provide information relevant to 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 parent company, subsidiaries or other affiliated companies (“affiliated companies”), or to communicate with you about content or other information you have posted or shared with us via the Services. 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.
(2) Non-PII: We use Non-PII 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-PII by itself or aggregate it with information we have obtained from others. We may share your Non-PII with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
C. COOKIES AND PREFERENCE BASED ADVERTISING
(1) Cookies and Web Beacons: We automatically receive and store certain types of Non-PII whenever you interact with us or the Services. For example, like many websites, we use “cookies,” “web beacons” (also called “clear gifs” or “pixel tags”), and local storage (e.g., “Flash cookies”) to obtain certain types of information when you access certain of our Services and communications. Third parties may collect personal information about your online activities over time and across different websites when you use the Services. It is important to note that the cookies, Web beacons, and local storage objects that we use do not contain and are not tied to personally identifiable information about you.
· “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you. The types of cookies we use include session cookies and persistent cookies.
· “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.
· “Local storage” performs similar tasks as cookies, but can be stored in different parts of your computer or device and may be removed in a different manner than cookies.
A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it relies on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”). Therefore, if you use multiple computers or mobile devices, buy a new computer, change web browsers or delete these Opt-out Cookies from your computer, you will need to perform the opt-out task again.
D. OTHER USES & INFORMATION
(2) 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. However, aside from our reply to such an email, it is not our standard practice to send you an email unless you request a particular service or sign up for a feature that involves email communications, it relates to purchases you have made with us (e.g., product updates or customer support), we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. 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 clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(3) 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-PII 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.
(4) If you submit to Company a comment, photograph or other content to be published by Company (either online or offline), we may publish your name or other PII in connection with publishing the content.
(5) Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable information or Non-PII 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 the users of our Services or the general public.
(5) Your California Privacy Rights:
· Residents of the State of California, under Section 1798.83 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 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 via e-mail to the address set forth in Section J.
California Civil Code permits California residents to request that Company not share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to the address set forth in Section J. You must include this website as the subject line, and your full name, e-mail address, and postal address in your message.
E. PUBLIC FORUMS
G. KEEPING YOUR INFORMATION SECURE
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. 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.
H. 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.
I. INTERNATIONAL USERS
J. CONTACT & OPT-OUT 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.
K. SOLE STATEMENT