Privacy Policy
Last Updated July 1, 2008
This
Privacy Policy governs your use of this web site and any content, products or
services made available from or through this website including any sub domains
thereof (.Web Site.). The Website is
made available by Next Click Media, LLC, hereafter referred to as .Company. and
shall apply only to the Nextclickmedia.com Web Site.
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 with or without notice to you. 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 intended for users who are located in the United States of
America. The Privacy Policy shall be
interpreted under the laws of the United States.
This Web
Site is not directed at persons under the age of 18. Persons under the age of 18 must not send any
personal information to Company under any circumstances, including but not
limited to name, address or email address.
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 websites owned or registered to Company and applies to Company.s
collection, use, storage and disclosure of information by Company on its (a)
websites, including all its divisions, subsidiaries and related companies
(collectively, the "Websites"), (b) on various Third Party websites,
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 websites or applications.
By
reference, this Privacy Policy is incorporated into and is subject to the Terms
and Conditions pertaining to the use of the website. Your use of the website and any personal
information you provide via the website 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 your personal information on our website or in the course of
using our services, you consent to the transfer of your Personal Data and
Sensitive Personal Data, and any other data we acquire about you from
third-party service providers.
Information Collection, Use,
and Dissemination practices.
This policy
applies to Company.s collection, use, storage and disclosure of information by
Company on its, (a) websites, including all its parent companies, divisions,
subsidiaries and related companies (collectively, the "Websites"),
(b) on various third party websites, and (c) to Company.s other information
collection, including the transfer of opt-in customer lists from third parties,
or the use of customer opt-in lists from third parties. Company is not
responsible for the information collection or privacy practices of third party
websites or applications.
1. Collection of Information.
1.1. User Direct Information.
Each time
you provide transmit information via the Website, Company may obtain and
collect personally identifiable information provided by you, including, but not
limited to, your name, email 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"). If you choose
to access our website, use our services or purchase our products, we may
require you to provide personal information as indicated on the forms
throughout the site.
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 identifiable 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
Websites. 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.
WE MAY USE INFORMATION THAT
WE HAVE COLLECTED FOR ANY LEGALLY PERMISSIBLE PURPOSE, INCLUDING SELLING OR
TRANSFERRING SUCH INFORMATION AT ANY TIME TO THIRD PARTIES FOR ANY LEGALLY
PERMISSIBLE PURPOSE. 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, 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 as the 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 of request to opt-out to bwang@nextclickmedia.com.
If you
choose to opt-out, your email address will be added to the Company.s
suppression files within ten (10) business days of your request. Thereafter, you should not receive any
further email offers, advertisements and promotions from Company. However, you may still receive promotional
communications from our third party partners with whom we have shared your
information. To stop receiving further
communications from these third party partners you will need to contact them
directly in order to opt-out. Please
note that after we process your request to opt-out from receiving additional
email offers, advertisements and promotions relating to the specific membership
rewards programs for which you have registered through Company, we will no
longer make your information available to our third party partners relating to
Company.
We may
share your personal information with third party partners so that they can
contact you and offer your products and/or services that we believe might be of
interest to you. This may include e-mail
advertising, telephone marketing, direct mail marketing, and online banner
advertising. You are under no obligation
to accept any service or product offered by any of our third party partners
through these communications. If you respond
to an offer from one of Company.s third party partners, you become a customer
of that third party partner and are subject to its privacy policy. Further, the third party partner may
independently send communications to you, in which case you will need to
contact them directly to unsubscribe from future communications. You may learn more about any of our third
party partners. privacy policies by visiting their websites. We are not responsible for the privacy
practices or the consent of our third party partners. websites.
We may
disclose your personally identifiable information in response to a subpoena,
court order, or other legal process; as well as the transfer or sale of
personally identifiable information pursuant to the sale of our business or
assets. Should such a combination or
acquisition occur, we will require that the new combined or acquiring entity
follow this privacy policy with respect to your personal information.
1.4. Other Methods of Collecting Personal
Information.
Other
occasions when Company obtains information from you include (1) your claiming a
prize or seeking to redeem an offer by Company or by a third party, (2) your
requests for 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 on 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 website 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 websites, 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 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.
(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 your requested purchase
transaction. In addition, by submitting
your credit card information to us, you authorize us to verify that your credit
card account is valid by charging, and thereafter immediately crediting, a
small sum to the card. Such verification
may be conducted through a third-party and, in that case, we would share your
specific credit card information with this third-party for verification
purposes. Any credit card information will
be disclosed to third parties only as necessary to complete the purchase
transaction.
Certain
sensitive information such as credit card numbers or other information such as
social security numbers and drivers licenses (.Financial Information.) collected
by the Company and all associated data are encrypted and protected with SSL
encryption software from the time it is captured by our application to the time
it is transmitted to our servers.
In the
event that we offer products and/or services where your credit card information
is required to process your requested transaction, we may store your credit
card information to facilitate your authorized transactions.
2. Use of Individual Information.
2.1. General Use.
The
following paragraphs in Section 2 describe how Company currently uses
Individual 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 Individual Information to
provide promotional offers to individuals by means of email advertising,
telephone marketing, direct mail marketing, online banner advertising, and
package stuffers, among other possible uses.
2.2. Email and Unsubscribe Policy.
Company may
use Individual Information to provide 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 send an email to bwang@nextclickmedia.com
with a short request to opt-out.
Company's
unsubscribe process impacts only the future delivery of electronic mailings
disseminated by Company on its own behalf.
You should
also note that unsubscribing from Company.s electronic mailings will not
automatically unsubscribe the subscriber.s information from any unrelated Third
Party businesses. Since Third Parties
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 Email Messages.
In certain
commercial email messages sent by Company, an Advertiser's name will appear in
the "From:" line but hitting the "Reply" button will cause
a reply email to be sent to Company. The
"Subject:" line of Company email messages will usually contain a line
provided from the Advertiser to Company.
2.4. Solicited Email.
Company
only sends email to individuals who have agreed on the Websites 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. Targeted Advertising.
Company may
use Individual 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
Individual 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. Telemarketing.
Company may
use Individual Information to advertise, directly or indirectly, to individuals
using direct mail marketing or telemarketing using telephones and cell phones.
By registering and using this Site, You acknowledge that the processing of your
individual information may involve the transfer of such Individual 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 individual 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. Use of Technology Information.
Company
uses Technology Information (1) to match a person's Survey Information and
Third Party List Information to other categories of Individual 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.
2.9. Profiles of Individuals.
Company
uses Individual 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 Individual
Information such as information obtained from public databases.
2.10. Storage of Individual Information.
Company
protects your privacy in a number of ways.
As an initial matter, any Financial Information transmitted to our
servers via a secure serve is encrypted using SSL technology. SSL is a protocol that transmits your
communications over the Internet in an encrypted form. The protocol ensures that the information is
sent, unchanged, only to the server you intended to send it to.
Company
stores the Individual Information in a database on its. computers. Our 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. In
addition to encryption and firewall protections, our third party partners are
required to operate in accordance with federal and state laws and regulations,
including regulations relating to CAN-SPAM and rules promulgated by the
FTC. If we learn that any of our third
party partners is breaching our agreement, we will take corrective actions
including, if necessary, terminating our relationship with such third party
partner.
Notwithstanding
such measures, Company cannot guarantee that its security measures will prevent
its computers from being illegally accessed, and the Individual Information on
them stolen or altered.
3. 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. Marketing.
Company
will use your personal information, if provided by you, 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.
3.3. 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.
3.4. 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.
3.5. 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.
3.6. 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 websites or when responding to offers provided by Company.
3.7. 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.
3.8. 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 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. Links.
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. 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 Website.
5. Foreign 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. Special Notification for
California Residents
Individual
customers who reside in California and have provided their personal information
may request information regarding disclosures of this information to third
parties for direct marketing purposes.
Such requests must be submitted to us at the following mailing address:
CA Privacy Request, ATTN: Compliance Department, Next Click Media LLC, 660 4th
Street, #287, San Francisco, CA 94107.
This request may be made no more than once per calendar year. We reserve our right not to respond to
requests submitted other than to the address specified in this paragraph.
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
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:
Attn:
NextClickMedia, LLC
Compliance
Department
Next Click
Media, LLC
660 4th
Street, #287
San
Francisco, CA 94107