“Personal Information,” as used in this Policy, is information that specifically identifies an individual, such as an individual’s name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Services and on Integrated Services (as defined below), and demographic information, such as health information, financial information, date of birth, height, weight, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Services. These include the following:
- E-mail Newsletters. We may offer e-mail newsletters from time to time on our Services. If you sign up to receive a newsletter from us, we collect your e-mail address.
- User Accounts and Profiles. Our Services may give you the ability to register for a Company account or to create and update a user profile on the applicable Service. If we offer user account or profile functionality on the Services, we will collect the Personal Information that you provide to us in the course of registering for an account or creating or updating a user profile. This information may include, for example, name, postal address, personal interest, hobbies, telephone number, e-mail address, and related demographic information about you. We may indicate that some personal information is required for you to register for the account or to create the profile, while some is optional.
- Interactive Features. Our Services may contain interactive functionality that allows you to engage with other users on the Services, participate in fun and competitive challenges with other users, post comments to forums, to upload photographs and other content, (the “User Uploads”) as well as the ability to link your user account to Integrated Services so that materials you post or upload to Integrated Services may be posted on our Services (such materials, collectively with the User Uploads, the “User Materials”), participate in surveys, and otherwise to interact with the Services and with other users. If you use any interactive functionality on our Services that request or permit you to provide us with personal information (including, for example, any services or Integrated Services that allow you to post User Materials on any of our Services), we collect the Personal Information that you provide to us in the course of using these interactive features.
- Correspondence. If you contact us by e-mail, using a contact form on the Services, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
Passive Information Collection
When you visit our Services, some information is collected automatically. For example, when you access our Services, we may automatically collect your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Services (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Services, the actions you take on our Services or Integrated Services, or the content, features, and activities that you access and participate in on our Services or Integrated Services. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). We use passively-collected information to administer, operate, and improve the Website and our other services and systems, to improve the effectiveness of advertising on our Services, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
Also, please be aware that third parties, such as companies displaying advertisements on the Services or sites or services provided by third parties (including Integrated Services, “Third-Party Sites”), may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Sites or content. We do not have access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties, and may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Services to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers (e.g., payment processing and data storage and processing facilities) that assist us in our work or to advertising providers that place advertisements throughout the Services. We limit the Personal Information provided to these third parties to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Public Areas and Syndicated Services
Some features on our Services may allow you or Integrated Services to upload, post, or otherwise transmit User Materials to public areas of the Services, such as content that you post in a public profile on the Services or Integrated Services. We may make these User Materials available for display upon Company properties that are not governed by this Policy, as well as to services operated by third parties that display content from the App (collectively, “Syndicated Services”). Please be aware that any Personal Information that you include within any User Materials you upload, post or transmit to our Services and Integrated Services may be made available to other users of the Services, and to users of Syndicated Services, who view it. You include Personal Information in User Materials at your sole risk. We may allow you to select privacy options that limit access to some types of Personal Information in User Materials, but no security measures are impenetrable or perfect. Additionally, even after information posted on the Website is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Services will not be accessed, viewed, or used by unauthorized persons.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets. In addition, we may license, sell, or otherwise disclose Personal Information to advertisers or other third parties for any or no financial gain.
To Protect our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Services and other users of the Services.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. Additionally, if we offer user account functionality on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Services.
You may adjust the Personal Information we receive from Integrated Services by adjusting your privacy settings with the Integrated Services. Some activities or challenges on our Services are designated as “public” or “private.” If you choose to participate in a public challenge or activity, all of your User Materials associated with or related to that public challenge or activity will be accessible to all of our users that choose to participate in that challenge or activity. If you choose to participate in a private challenge or activity with certain of your friends or contacts on the Services or on Integrated Services, all of your User Materials associated with or related to that private challenge or activity will be accessible to those contacts.
If we offer the ability to create user accounts or profiles on our Services, you may have the ability to access and update many categories of personal information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other personal information we hold about you, you may contact us at email@example.com.
If you request that we delete your account on any of our Services (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
The Services may contain links to other Web sites, products, or services that we do not own or operate. For example, the Services may contain links to third-party merchants from which users may purchase products or services. The Services also may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Services may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Services before providing any Personal Information on them.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected personal information from a child under the age of 13 on our Services, we will delete that information as quickly as possible. If you believe that we may have collected any such personal information on our Services, please notify us at firstname.lastname@example.org.
Our servers and data centers are located in the United States. If you choose to use the Services from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
We use reasonable security measures that are designed to protect Personal Information from accidental loss, disclosure, misuse, and destruction. We store Personal Information indefinitely with Amazon Web Services and rely on their security procedures. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Services after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose personal information.
If you have any questions or comments about this Policy, please contact us using the following contact information:
437 Fifth Avenue, Ste 801, New York, NY 10016