Last Updated: September 17, 2013
- The kinds of Personal Information we collect from users of the Site and how that information is collected;
- How we use your Personal Information;
- The circumstances under which we disclose Personal Information to third parties;
- How you can access, update or delete any Personal Information collected about you by us; and
- The mechanisms we have implemented to protect your Personal Information.
We are committed to protecting users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to us using the contact form below.
Attn: Your California Privacy Rights
For all requests, please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
GENERAL PRIVACY INFORMATION
1. Collection and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address, gender, and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a user of the Site. For example, to the extent we offer such services, if you order any of our various Products (as defined in the), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your payment instrument information, your order number, and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). We do not collect credit card or debit card numbers, and solely utilize PayPal for all payments to us via the Site, in an effort to protect our users against identity theft.
We collect Personal Information about you when you visit the Site and input information, whether you are registering to use any services, features or functions of the Site, participating in Promotions (as defined in the ), ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences and personal characteristics.
a. Collection of Personal Information During Registration. We offer user registration on the Site, and require users to register as members of the Site in order to access certain data and information on the Site. To register as a member of the Site, you are required to select a user name and password (together, your “User ID”), and may be required to also provide other Personal Information, such as your email address, first and last name, gender, date of birth, country and zip code. Additional Personal Information may be requested during the registration process (but not required). We will allow you to change the password portion of your User ID, as well as certain other Personal Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and that is associated with your User ID. Among other things, these kinds of information help us securely identify you as a registered or permitted user of the Site and our features and functions. You will not be able to change your date of birth without sufficient verification.
As a registered member of the Site, from time to time, we may also provide you with certain options to subscribe to a selection of email newsletters and other periodic information. You may select such options by opting-in at the time of registration or by responding to an offer or invitation at a later date. You will also have the right to opt-out (unsubscribe) or change your preferences at any time by logging in with your User ID and changing the settings in your account. You may also opt-out to particular email communications by responding to that email and using the “unsubscribe” or opt-out procedure included in that communication.
b. Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), we may ask you to provide us with certain information about you in order for us to personalize and allow you to use the features and functions that we may offer on the Site, such as chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.
c. Collection of Personal Information in Connection with Promotions such as Contests and Sweepstakes. Registration as a member of the Site is not always required to enter Promotions such as contests and sweepstakes. There may be a separate registration process which will require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific Promotion, but submission of such information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to special Promotions or offers from our Advertisers in connection with many of these types of Promotions.
e. Use of Personal Information in Connection with Promotions and Offers; Opt-out Procedures. We may contact the Site’s registered members or other users that have registered for or participated in various Site events, Promotions, or transactions, or we may send offers for the purchase of goods and/or services that may be of interest to users.
You may “opt out” of receiving marketing and promotional e-mails or text messages from us at any time by going to the Site’s home page, clicking the “Your Account” link, to (1) un-register your account, or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in an email or text message. However, we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, goods and/or services or Products you have ordered, or other transactions you have undertaken with the Site.
In the event that we unknowingly send an email or text message to a child (a person under the age of 13) or Ineligible Teenager (as defined in Section 9) who has registered with the Site or its features in violation of the Site’s , the child (or Ineligible Teenager) or the child’s (or Ineligible Teenager’s) parent or legal guardian always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message, or to request termination of the child’s or Ineligible Teenager’s registration and status as a registered user with the Site. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state). Please see the “Review, Update, or Delete Your Personal Information” [insert link] Section below for details.
g. Use of Communities. If you use any of the Communities features and functions made available on or through the Site, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Win Win Media LLC is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.
Users that register any wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site or Win Win Media LLC be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
a. Registration. To the extent we provide wireless marketing services, there are two registration methods provided for any wireless marketing services. Standard rate Promotions will be subject to either the “single opt-in” or the “double-opt-in” (Site/SMS) method, at our discretion depending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.
1) Single Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user’s voluntary submission of the designated word or code to us will mean that the user has freely and affirmatively granted permission to us to send text messages to him or her. We will thank the user for his or her registration by sending a “Thank you” message. The user may terminate the service at any time by using the unsubscribe command in any text message from us or by sending a text message to us that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”.
3) Double Opt-in (SMS/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Win Win Media LLC will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from us to that particular telephone number (or wireless domain name when appropriate). The user must respond to the “Confirmation” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of our wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that we may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while we continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User. Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from us by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by us at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. Win Win Media will terminate the user’s registration for the most recent wireless service sent to the user. Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with us. If the user unsubscribes from one or all of our service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.
c. Termination of Wireless Services by Win Win Media. A user understands, acknowledges and agrees that we may, in our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Site.
d. Use of Information. We will not use a wireless telephone number, wireless or conventional Internet email address, or other Personal Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share such Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share such Personal Information with the operational service providers that assist us in delivering these wireless services to you.
3. Accuracy and Confidentiality: It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your User ID, unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
• Keeping count of your return visits to the Site or Advertisers’ or partners’ sites;
• Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
• Determining which features, webpages, products and services users like best; and
• Saving your User ID or other information, such as shopping cart activity, so you don’t have to re-enter it each time you visit the Site.
Opting out to an ad server cookie does not mean that you will no longer receive online ads. Opting out means only that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on this Site.
Although we may track the numbers of users to inform us on how best to update the Site and enhance the experience for all users, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our services, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features of the Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.
5. Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. As stated above, we will disclose Personal Information related to or contained in a Posting in connection with the display of and other services relating to such Posting as such Personal Information is intended to be disclosed. When we plan to disclose your Personal Information to Advertisers, we ask for you to opt in to do so, in which case their use of your information is subject to the Advertisers’ own privacy policies.
a. Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company (“Co-Branded Partner”). Such services and features may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect and use your Personal Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. Registered or other users that participate in certain services relating to Postings, such as user video uploads, agree to have certain Personal Information posted on the Site or Platforms (as defined in the User Content Submission Agreement [insert link] that relates to user video uploads) or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded partner’s website in connection with the display of the uploaded video and posted on any platform that the uploaded video may be posted. Registered or other users that upload videos may also be required to submit additional Personal Information.
b. Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We may use operational service providers to efficiently provide the full range of activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the Site or Win Win Media. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.
c. Other Non-Affiliated Third Parties. We will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
• In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us.
7. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
8. Phishing: Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD INFORMATION OR OTHER SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to us using the contact form below, and then immediately delete the fraudulent email from your computer.
9. Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information collected by the Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension of your account or termination of any registration you may have made. To review, update or delete your Personal Information collected by the Site, please click “MY ACCOUNT” on the homepage to sign in to your Site account with your User ID. Then, click on “YOUR ACCOUNT INFO” to change, update, or delete your Personal Information.
If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to contact the Site’s Privacy Administrator via email with a request using the contact form below and be prepared to provide verification of your identity. Personal Information collected for certain entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered member, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.