This Privacy Policy ("Privacy
Policy") governs your use of this web site and any content, products or
services made available from or through this Web Site including any sub
domains thereof ("Web Site"). The Web Site is made available by VastCast
Media, Inc. hereafter referred to as ("Company").
By visiting this Web Site and
requesting information, products or services offered on or through this
Web Site, you agree to the terms of this Privacy Policy, as they may be
amended from time to time. As Company updates or expands its Web Site,
services or products, this Privacy Policy may change and the changes are
effective upon posting. Please check back frequently for updates as it
is your sole responsibility to be aware of changes. Company does not
provide notice of changes in any manner other than by posting the
changes at this Web Site. This Privacy Policy is incorporated into, and
part of, the Web Site Terms and Conditions of use ("Terms of Use"),
which governs your use of this Web Site in general.
This Web Site is hosted in the
United States of America. The Privacy Policy shall be interpreted under
the laws of the United States.
Purpose of the Privacy
Policy.
The purpose of this Policy is to
describe the information collection, use, and dissemination practices of
Company, its parent, subsidiaries and registered d/b/a companies
(Collectively Referred herein after as "Company") and all related Web
Sites owned or registered to Company and applies to Company's
collection, use, storage and disclosure of information by Company on its
(a) Web Sites, including all its divisions, subsidiaries and related
companies (collectively, the "Web Sites"), (b) on various Third Party
Web Sites, and (c) to Company's other information collection, including
the acquisition of customer information from Third Parties. Company is
not responsible for the information collection or privacy practices of
third party Web Sites or applications which company does not own or
control.
By reference, this Privacy
Policy is incorporated into and is subject to the Terms of Use
pertaining to the use of the Web Site. Your use of the Web Site and any
Personal Information you provide via the Web Site or through other
official Company contact remains subject to this Privacy Policy as well
as the applicable Terms and Conditions for use of the site or services
and products contained thereon.
By providing us with Personal
Information about yourself on our Web Site or in the course of using our
services, you consent to the transfer of your Personal Data, and any
other data we acquire about you from third-party service providers.
Information Collection, Use,
and Dissemination practices.
1. Collection of Information.
1.1. User Direct Information. Each
time you provide or transmit information via the Web Site, Company may
obtain and collect personally identifiable information about you,
including, but not limited to, your name, e-mail address, mailing
address, social security number, credit card information, and telephone
or cell phone number. You may also provide us with information that,
when combined with personally identifiable information, provides us with
a better idea of who you are, including but not limited to your gender,
birthday, marital status, and education level (collectively referred to
as "Personal Information").
1.2. Survey Information. Company
may collect information from you when you voluntarily complete a Company
survey, order form, or a registration page either online by using the
internet, 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, e-mail 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 Web Site 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. Third Party Information. Company
may collect 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, e-mail 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 http://vastcast.com/out.html.
1.4. Other 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. Cookies, 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.
(a) Cookies. "Cookies"
are a feature in your browser software. If enabled, we may write cookies
that may store small amounts of data on your computer about your visit
to any of the pages of this Site. Cookies assist us in tracking which of
our features appeal the most to you and what content you may have viewed
on past visits. When you visit this site again, cookies can enable us to
customize our content according to your preferences. We may use cookies
to: keep track of the number of return visits to this site; accumulate
and report aggregate, statistical information on Web Site usage; deliver
specific content to you based on your interests or past viewing history;
save your password for ease of access to our Site. You can disable
cookies, although the Site may not function properly for you. Your
browser preferences can be modified to accept or reject all cookies, or
request a notification when a cookie is set. You may read more about
cookies at http://cookiecentral.com. In order to use all of the features
and functionality of Company's Web Sites, you need to accept cookies.
(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 Web Sites 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 e-mail 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 Web
Sites you visit have IP addresses, and we may collect the IP addresses
of those Web Sites and their pages.
(d) Computer Profiles. Company
may also collect and accumulate other anonymous data which will help us
understand and analyze the Internet experience of our visitors. For
instance, Company may accumulate visitor data relating to referring
domain names, the type of browsers used, operating system software,
screen resolutions, color capabilities, browser plug-ins, language
settings, cookie preferences, search engine keywords and JavaScript
enablement. When you provide us with Personal Identification
Information, we are able to use such visitor data to identify you.
(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. No Information Collected
from Children. Company
will never knowingly collect any Personal Information about children
under the age of 13. If Company obtains actual knowledge that it has
collected Personal Information about a child under the age of 13, 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. Company has designed this policy in
order to comply with the Children's Online Privacy Protection Act ("COPPA").
1.7. Credit Card Information. Company
may, in certain instances, collect credit card numbers and related
information when an individual places an order from Company. When the
credit card information is submitted to Company, such information is
encrypted and is protected with SSL encryption software. Company will
use the credit card information for purposes of processing and
completing the purchase transaction, and the credit card information
will be disclosed to third parties only as necessary to complete the
purchase transaction.
2. Use of Personal
Information.
2.1 General
Use. The
following paragraphs in Section 2 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 e-mail advertising, telephone marketing, direct
mail marketing, online banner advertising, and package stuffers, among
other possible uses.
2.2. E-mail and Unsubscribe
Policy. Company
uses Personal Information to provide other businesses promotional offers
by e-mail to individuals. Company may maintain separate e-mail lists for
different purposes. If e-mail recipients wish to end their e-mail
subscription from a particular list, they need to follow the
instructions at the end of each e-mail message to unsubscribe from the
particular list. To unsubscribe from all Company's e-mail lists, a
person must submit their information at http://vastcast.com/out.html.
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 e-mail appends.
You should also note that
unsubscribing from Company's electronic mailings will not automatically
unsubscribe the subscriber's 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. Content of E-mail
Messages. You
may receive certain
commercial e-mail 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 Replying to such e-mail may send the message to that
Advertiser. The "Subject:" line of the e-mail messages will usually
contain a line provided from the Advertiser.
2.4. Solicited E-mail. Company
only sends e-mail to individuals who have agreed on the Web Site(s) to
receive e-mail from Company or to individuals who have agreed on a Third
Party Web Site to receive e-mail from Third Parties. As such, Company
does not send unsolicited e-mail messages. As a result, United States
statutes requiring certain formatting for unsolicited e-mail are not
applicable to Company's e-mail messages.
2.5. Targeted 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 e-mail,
direct mail, telephones, cell phones, and other means of communication
to provide promotional offers.
2.6. Telemarketing. 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 expressly giving permission of
Company and any agent or vendor of Company the right to contact you by
telephone or cell phone. Further, if you are residing outside the United
States, by registering and using this Site, 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. Wireless
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.
2.8. Short
Message Service. Company
may make available a service through which you can receive messages on
your wireless device via short message service ("SMS Service"). Data
obtained from you in connection with this SMS service may include your
name, address, cell phone number, your provider's name, and the date,
time, and content of your messages. You represent that you are 18 years
of age and 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. In addition to any fee of which you are notified,
your provider's standard messaging rates apply to our confirmation and
all subsequent SMS correspondence. All charges are billed by and payable
to your mobile service provider. Company will not be liable for any
delays in the receipt of any SMS messages, as delivery is subject to
effective transmission from your network operator. SMS message services
are provided on an AS IS basis. Company may also obtain the date, time
and content of your messages in the course of your use of the SMS
Service. We will use the information we obtain in connection with our
SMS Service in accordance with this Privacy Policy. If fees are charged
to your wireless account invoice, we may provide your carrier with your
applicable information in connection therewith. Your wireless carrier
and other service providers may also collect data about your wireless
device usage, and their practices are governed by their own policies.
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.
Company may use Personal
Information to provide the services you've requested, including services
that display customized content and advertising. Company may also use
Personal Information for auditing, research and analysis to operate and
improve our technologies and services. Company may share aggregated and
non Personal Information with third parties business associates. When
Company uses business associates to assist Company in processing your
Personal Information, Company requires that they comply with our Privacy
Policy and any other appropriate confidentiality and security measures.
Company may also share information with third parties, including but not
limited to, when complying with legal process, preventing fraud or
imminent harm, and ensuring the security of our network and services.
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 via http://vastcast.com/out.html or
by sending "STOP", "END", "QUIT" to the SMS text message you have
received.
2.9. Use of Technology
Information. Company
uses Technology Information: (1) to match a person's 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 Web Sites 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. Profiles of
Individuals. Company
uses 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. Storage of Personal
Information. Company
stores the Personal Information in a database on its' computers. Company
computers have security measures (such as a firewall) 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. Other Use of Personal
Information. Company
may use your Personal Information in the following ways:
3.1. Public Forums. When
you contribute to a public area or feature of our Web Site, such as a
chat room, bulletin board, list serve, blog, wiki or other open forum
that we may make available on or through our Web Site, the information
that you submit will be made available to the general public and will
not be considered "Personal Information" for purposes of this Privacy
Policy. For this reason, we recommend that you do not submit any
sensitive information, including your full name, home address, phone
number, other information that would enable other users to locate you or
your financial information on these areas of our Web Site. Instead,
make up a username that does not disclose your personal identity.
3.2. Third
Party Offers. Company
may make customer lists available to companies or other entities not
affiliated with the Company that
have goods, services and offers that might be of interest to you.
Company may, from time to time, provide your Personal Information to
these entities so that they may send you these offers.
3.3. Marketing. 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 and to share with other
companies in connection with marketing efforts including but not limited
to direct marketing. You may have no relationship with these other
companies.
3.4. Co-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. Service Providers.
We may use third parties to help operate our Web Site 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 Web Site or for our business
(such as Web Site 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 Web Site 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. Aggregate Statistics. We
may disclose aggregate statistics regarding user behavior as a measure
of interest in, and use of, our Web Site 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. Complying 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. Order 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 Web Sites or when responding to offers provided by
Company.
3.9. Data Summary. Company
may sell or transfer non-individualized information, such as summary or
aggregated anonymous information about all persons or sub-groups of
persons.
3.10. Third Parties. 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.
4. Privacy Practices of Third
Parties.
4.1. Advertiser cookies and
web beacons. Advertising
agencies, advertising networks, and other companies who place
advertisements on the Web Sites 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. Links. The
Web Sites and e-mail messages sometimes contain hypertext links to the
Web Sites of third parties. Company is not responsible for the privacy
practices or the content of such other Web Sites. Linked Web Sites may
contain links to Web Sites 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 Web Sites. The inclusion of a
link to a Web Site does not imply any endorsement of the services or the
site, its contents, or its sponsoring organization.
4.3.
Affiliations/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 Web Site.
5. Foreign use of the Web
Site. To
the extent that you are accessing the Web Site 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.
California 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
e-mail to dca@dca.ca.gov. 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 privacy@vastcast.com.
