Last Updated July 13, 2009
Information Collection, Use, and Dissemination practices. 1.0. ˇCollection of Information. 1.1. ˇUser Direct Information. Each time you provide or transmit information via the Website, Company may obtain and collect personal information about you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, bank account information and telephone or cell phone number (collectively referred to as “Personal Information”).
1.2. ˇSurvey Information. Company may collect Personal Information from you when you voluntarily complete a Company survey, order form, or a registration page either online by using the internet or offline by providing this information through the mail, in person or using a telephone. This information may be collected by surveys, order forms, or registration pages operated by third parties. This method of collection is collectively known as a ?Survey.? In such Surveys, Company or a third party may ask you to provide Personal Information including your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. Company may also collect such information concerning you from another source and uses that information in combination with information provided from the Website or Surveys. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Company or a third party.
1.3. ˇThird Party Information. Company may collect Personal Information from you when you provide information to a third party and Company subsequently acquires or uses the information provided by the third party. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information you may have provided to the third party. When acquiring this information, Company seeks assurances from the third party that you agreed to provide and have such information acquired by Company. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending notification to us at [email protected]
1.4. ˇOther Methods of Collecting Personal Information. Other occasions when Company obtains information from you include: (1) when you claim a prize or seek to redeem an offer by Company or by a third party; (2) when you request assistance through Company?s customer service department; and (3) when you voluntarily subscribe to a Company service or newsletter.
1.5. ˇCookies, Web Beacons, and Other Info Collected Using Technology. Company currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Company may use other new and evolving sources of information in the future.
(b) Web Beacons. A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Company also uses web beacons in email messages sent to individuals listed in Company?s database.
(c) IP Addresses. Company automatically tracks certain information based upon your behavior on the site. We may use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol (“IP”) is a unique Internet “address” which is assigned to you by your Internet Service Provider (“ISP”). For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user’s traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis. Data Analysis technology may be employed from time to time if used by a Client of Company.
(f) New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, Company strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.6. ˇNo Information Collected from Children. Company will never knowingly collect any Personal Information about children under the age of 18. If Company obtains actual knowledge that it has collected Personal Information about a child under the age of 18, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
1.7. ˇCredit Card Information and Bank Account Information. Company may, in certain instances, collect credit card numbers, bank account information and related information when an individual places an order on Company?s Website. When the credit card or bank account information is submitted to Company, such information is encrypted and is protected with SSL encryption software. Company will use the credit card information or bank account information for purposes of processing and completing the transaction you requested on the Website, and the credit card information or bank account information will be disclosed to third parties as necessary to complete the requested purchase transaction. Such information is stored on a server which has firewall protection and password coded. Company limits access to this information to authorized personnel only.
2.0. ˇUse of Personal Information.
2.1. ˇGeneral Use. The following paragraphs describe how Company currently uses Personal Information, but Company may change or broaden its use at any time. As noted below, Company may update this policy from time to time. Company may use Personal Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, mobile marketing, online banner advertising, and package stuffers, among other possible uses.
2.2. ˇEmail and Unsubscribe Policy. Company uses Personal Information to provide third party promotional offers by email to individuals. Company may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Company?s email lists, a person must go to our unsubscribe page and submit the e-mail address that you desire to be removed from our database. Company’s unsubscribe process impacts only the future delivery of electronic mailings disseminated by Company on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your Personal Information may still be shared with Third Parties for use in offline marketing and data appends, including email appends unless you unsubscribe as provided above.
You should also note that unsubscribing from Company?s electronic mailings will not automatically unsubscribe your information from any Third Party business associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Company, and you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.
2.3. ˇContent of Email Messages. You may receive certain commercial email messages sent by third parties for products which may be of interest to you. In such case, an Advertiser’s name will appear in the “From:” and the email will have a method at the bottom of the email to unsubscribe from that Advertiser. Company is not responsible for third party emails sent to you.
2.4. ˇSolicited Email. Company only sends email to individuals who have agreed on the Website to receive email from Company or to individuals who have agreed on a Third Party website to receive email from Third Parties. As such, Company does not send unsolicited email messages. As a result, United States statutes requiring certain formatting for unsolicited email are not applicable to Company’s email messages.
2.5. ˇTargeted Advertising. Company may use Personal Information to target advertising to an individual. When an individual is using the Internet, Company uses Technology Information to associate an individual with that person’s Personal Information, and Company attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Company may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.6. ˇTelemarketing. Company may use Personal Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry. By registering and using this Site, you are giving your express permission to the Company and their agents or vendors the right to contact you by telephone or cell phone. Further, if you are residing outside the United States, by registering and using this Website, you acknowledge that the processing of your Personal Information may involve the transfer of such Personal Information from within or outside the European Economic Area (“EEA”) to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use Personal Information to provide the services you’ve requested, including services that display customized content and advertising.
2.7. ˇWireless Addresses. If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
You may remove your information from Company?s database. If you remove your information from Company?s database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to [email protected] or by sending “STOP”, “END”, “QUIT” to the SMS text message you have received.
2.9. ˇUse of Technology Information. Company may use Technology Information (1) to match a person’s Personal Information and Third Party List Information to other categories of Personal Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of Company’s websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.
2.10. ˇProfiles of Individuals. Company may use Personal Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Personal Information such as information obtained from public databases.
2.11. ˇStorage of Personal Information. Company stores the Personal Information in a database on its? computers. Company computers have security measures (such as a firewall and password protections) in place to protect against the loss, misuse, and alteration of the information under Company?s control. Not withstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Personal Information on them stolen or altered.
3.0. Other Use of Personal Information. Company may use your Personal Information in the following ways:
3.2. ˇThird Party Offers. Company may provide your Personal Information to third parties with whom they have a business relationship for the purposes of securing the services and products you have requested or provide you with additional marketing materials from which you may choose additional products or services. Company may make your Personal Information available to companies or other entities not affiliated with the Company that have goods, services and offers that might be of interest to you so that they may send you these offers.
3.3. ˇMarketing. Company will use your Personal Information for any marketing and survey purpose on behalf of Company and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Company will disclose your Personal Information to third party agents and independent contractors to help us conduct our marketing and survey efforts including but not limited to direct marketing. You may have no relationship with these other companies.
3.4. ˇCo-sponsored Contests, Sweepstakes and Offerings. Company may provide a contest; sweepstake and other offering may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
3.5. ˇService Providers. Company may use third parties to help operate our Website and deliver products and services, and may share your Personal Information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personal Information we provide to them beyond what is necessary for them to assist us. When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Website may be linked, certain Personal Information such as your e-mail and home address may be collected by the service provider?s server and made available to us.
3.6. ˇAggregate Statistics. Company may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
3.7. ˇComplying with Legal Process. Company will use or disclose your Personal Information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Company. Company will use and disclose your Personal Information if we believe you will harm the property or rights of Company , its owners, or those of Company ‘s other customers. Finally, we will use or disclose your Personal Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Company?s acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.8. ˇOrder Fulfillment. Company will transfer your Personal Information to third parties when necessary to provide a product or service that you order from such third party while using Company?s websites or when responding to offers provided by Company.
3.9. ˇData Summary. Company may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
4.0. Privacy Practices of Third Parties.
4.1. ˇAdvertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.
4.2. ˇLinks. The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3. ˇAffiliations/Merger/Sale. Company further reserves the right to disclose, transfer or sell your Personal Information to companies who are affiliated with Company in Company’s sole discretion. If Company changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use your Personal Information collected from the Website.
5.0. ˇForeign use of the Website. To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
6.0. ˇCalifornia User Consumer Rights. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected] For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
If you have questions about this policy, please contact us at [email protected] . DIGITAL MILLENNIUM COPYRIGHT ACT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF www.VENDORCO.com, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.newco.com/uglytext_page.html”) or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
1. A physical or electronic signature of the subscriber. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 4. Your name, address, and telephone number. 5. The following statement: “I consent to the jurisdiction of Federal District Court for the judicial district in which the your address is located, (or Los Angeles County, California if your address is outside of the United States)”, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 6. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Send the written communication to:
Email: [email protected]