The Information We Collect
- In the course of using the Services, we ask you to provide us with certain information that could reasonably be used to contact you or identify you personally (“Personal Information”). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address and mailing address. Personal Information also includes your IP address or other unique identifier (“Device Identifier”) that is associated, on a persistent or on-going basis, with your computer, mobile phone or other device (any, a “Device”) you use to access the Services.
- Some features on the Services may ask users to provide certain information that is not personally identifiable, such as city or state of residence, date of birth and gender (such demographic information is referred to collectively, along with Usage Information (defined below), as “Non-Personal Information”). We may use Non-Personal Information for a variety of purposes, including enhancing or otherwise improving the Services. Non-Personal Information is generally non-identifying, but, if we associate it with you as an identifiable individual, we will treat it as Personal Information.
- When visitors use our Services, we and our third-party service providers also may automatically collect some non-personally identifiable information such as the type of computer operating system you are using (e.g., Microsoft Windows or Mac OS), the type of browser you are using (e.g., Internet Explorer, Firefox), the domain name of the Internet service provider you are using your activity while using our Services (e.g., which of our pages you have viewed, the content viewed, and the advertisements you have been shown) (“Usage Information”). When you download a content player on one of our Services (a “Player”), we may record that a download took place. When you launch a Player, our servers may automatically record that information. When the Player checks for new updates, it may also automatically send the version number and operating system information to our servers. We collect this information for the purposes set forth below in How We Use the Information We Collect.
Collection Methods/Cookies/Tracking Technologies
- We, our third-party service providers and/or partners may also use Tracking Technologies, such as cookies, to manage and measure the performance of advertisements displayed on or delivered by or through the Services. Moreover, we, our third-party service providers and/or our partners may use Tracking Technologies to monitor the behavior and collect data about the visitors viewing a web page.
- In addition to the Tracking Technologies, data collected on our web servers supply us with aggregate Usage Information about the number of visits to different pages on our Services. We use such aggregate Usage Information to improve access to content based on our visitor’s browsers and operating system types to make our content available to as many users as possible.
Please be aware, however, that blocking cookies and other Tracking Technologies will affect your online experience and may prevent you from enjoying the full features offered through our Services. Please know that certain areas and features of our Services can only be accessed in conjunction with cookies, Flash cookies, or other similar devices and you should be aware that disabling cookies or similar devices may prevent you from accessing some of our content.
- Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, our Services currently do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
How We Use the Information We Collect
- Personal Information is used for the following purposes: (i) to provide and improve the Services, features and content, (ii) to administer your use of the Services and any account associated with the Services, (iii) to enable users to enjoy and easily navigate the Services, (iv) prevent and investigate illegal or potentially prohibited activities, (v) to better understand your needs and interests, (v) to fulfill requests you may make, (vi) to personalize your experience, (vii) to provide service announcements, and (viii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on related services. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications.
- Email – By registering with one of our Services, you consent to receiving periodic notifications including: updates and newsletters, relevant account notifications, group/buddy invitations, order/download confirmations and private message notifications. In addition to these, you may opt-in to notifications including: media subscriptions and group updates. We will provide means to opt-out of any email notifications from us and will include links to opt-out in every email.
Information Sharing and Disclosure
- Third Parties. We will not share or sell Personal Information, such as e-mail address, with other organizations for their marketing or promotional uses without your express consent.
- Comments. Any comments or submissions that you post via the Services will be publicly available. We may publish this information on the Service or in any other matter set forth in the terms applicable to the sharing. Any information you choose to provide in a comment should reflect how much you want other users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage our Members to think carefully about what information about themselves they disclose in their comments or submissions.
- Social Media. If you choose to link your Member account with a social networking service (such as, for example, Facebook), our Service and that service may share certain information about you and your activities. You may choose to share information about your activities, including what you watch through our Services, with that social network’s users.
- Aggregate Information and Non-Identifying Information. We may share aggregated information that includes non-identifying information with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. For more information about targeted advertising, and your ability to opt-out of such advertising that participate in self-regulatory programs, please visit the Network Advertising Initiative, the DAA Self-Regulatory Program for Online Behavorial Advertising or Your Online Choices. Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.
- Service Providers. We may employ third party companies and individuals to facilitate the Services, to provide the Services on our behalf, to perform services related to administration of the Services (including, without limitation, bill and credit card payment processing, maintenance, hosting and database management services, web analytics and administration). These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
- Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our (or a third party’s) property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.
- Business Transfers. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
- You may ask for a copy of your personal information, to correct it, erase it or transfer to another organization. You also have the right to object to some of our processing of your personal information and, where we have asked for your consent to process your personal information, to withdraw your consent. Where we process your personal information where we a legitimate reason for doing so, as stated above, you also have the right to reject/object to such processing. If you would like to exercise these rights, you may contact us at:
835 Market Street, 7th Floor
San Francisco, CA 94103
- If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to email@example.com or to the following mailing address: Ellation, Inc., 835 Market St. 7th Floor, San Francisco, CA 94103.
- You must put the statement “Your California Privacy Rights” in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We will respond to you at your mailing address or your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Changing or Deleting Your Information
- All Members may review, update, correct or delete the Personal Information in their registration profile by logging into their account and changing the “user preferences” associated with their account. If you completely delete all such information, your account may be deactivated. We will make good faith efforts to make the requested changes in our then active databases. If you make changes, information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons. We may also retain an archived copy of your records as required by law or for legitimate business purposes. Note, that if you have made any public postings on or through the Services, and you subsequently deactivate your account, those posts usually will not be removed.
- We have put in place commercially reasonable physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect. You use our Services and provide us with your information at your own risk.
- We do not knowingly collect personal data from minors under 16 years of age. If you are a parent or legal guardian and become aware that your child has provided personal data to us, without your consent, you can contact us at firstname.lastname@example.org and request that we delete any unauthorized information provided by your child.
- THESE SERVICES ARE INTENDED FOR A MATURE AUDIENCE AND NOT DIRECTED TO CHILDREN UNDER THE AGE OF 16 YEARS OF AGE. IF YOU ARE UNDER 16 YEARS OF AGE, THEN YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER WITHOUT AN ADULT’S PERMISSION AND SUPERVISION.
Links to Other Sites
- The Services may contain links to other websites or may be provided through platforms or applications operated by third parties. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that the Services are available via a link to a website or present a banner ad or other type of advertisement, or available via a platform or applications, is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites, platforms or applications. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
835 Market Street, 7th Floor
San Francisco, CA 94104
Attention: Legal Department