2. U.S. Governing Law; Safe Harbor.
3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term "Other Information", we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the "Information").
a. Information We Collect that You Provide Us.
"Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. "Web beacons" (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use "cookies", "web beacons" and other similar tracking technologies (collectively, "Tracking Technologies") to collect Other Information automatically as you browse the Site and the web.
We use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the "Use of Information", "Other Information Collected by Us" section below. These Tracking Technologies collect "click stream" data and additional Other Information regarding your visits to the Site, such as your visits to the Site's webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site ("Identifier"). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information. By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you.
c. Use of Information.
i. Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:
Sending marketing and promotional e-mails or, subject to the "Wireless Marketing Services and Associated Promotional Opportunities" Section below, text messages offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, the Parent Companies, Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
Contacting you 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, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Site;
Allowing you to participate in the public areas and/or other features of the Site;
Responding to your questions or other requests;
Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site's policies;
Improving the Site or our services and for internal business purposes; Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
Otherwise to maintain and administer the Site and
For other purposes disclosed at the time you provide the Personal Information.
ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:
Keeping count of your return visits to the Site or our Parent Companies', Affiliates', 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 to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
Preparing statistics reports;
Allowing you to participate in the public areas and/or other features of the Site;
Improving the Site or our services and for internal business purposes; Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
Saving certain Other Information for use on your return visits to the Site;
Otherwise to maintain and administer the Site
For the uses described for "Personal Information" above and
For other purposes disclosed at the time you provide the Other Information.
4. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
a. Opting-Out of Certain Uses of Personal Information.
i. In Connection with Marketing and Promotional E-mail and Offers. You may "opt-out" of receiving marketing and promotional e-mails from us at any time by going to the Site's home page, logging in, clicking the "Account" link, to (1) deactivate your account or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional e-mails from us, you are not opting out of receiving newsletters from us that you have requested. Further, when you use the opt-out mechanism that is contained in an email, you are not opting out of receiving marketing and promotional e-mails from other VMN brands. Please see Section 4.a.ii below for your newsletter options.
ii. In connection with Newsletters and other Editorial-based E-mails. To the extent the applicable Site offers newsletters or other editorial-based emails, to manage your newsletter preferences, you may click on the newsletter link provided in the footer of our website to select which newsletters you receive, follow the unsubscribe link in the applicable newsletter or unsubscribe throughhttp://exodus.enstarz.com/site/unsubscribe_email. Please note that when you opt-out of receiving any or all newsletters and other editorial-based e-mails from us, you are not opting out of receiving marketing and promotional e-mails from us. Please see Section 4.a.i above for your marketing and promotional e-mail options.
iii. In Connection with Wireless Marketing Services. See "Termination of Wireless Services by Users" under the "Wireless Marketing Services and Associated Promotional Opportunities" Section for more information on how you may unsubscribe from receiving text messages.
iv. Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the "Use of Information" Section above, such as for maintenance and administrative purposes.
b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
i. Tracking Technologies Set By Third Party Advertising Service Providers and Advertisers. With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
Third Party Advertising Service Providers and Advertisers may collect Other Information about you when you visit this Site to help identify products and services that may interest you and deliver advertising tailored to your interests.
You can opt-out of the use of Other Information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe AudienceManager (formerly known as Demdex) and DoubleClick/Google, by using those Third Party Advertising Service Providers' opt-out tools. You can access Adobe AudienceManager/Demdex's tool athttp://www.donottarget.com/ and DoubleClick's tool at http://www.google/com/intl/en/privacy/ads/ or as described in the next bullet point.
We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Other Information on the Site. Some of these Third Party Advertising Service Providers and Advertisers may participate in the Network Advertising Initiative's Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. Please click on the links to these tools to learn more about your choices.
Please note the following with respect to opting out:
The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete Tracking Technologies using the controls in your Web browser (a process described below) after opting out, you may have to opt out again to re-establish your opt-out preferences.
Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of Other Information collected by Tracking Technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one Device will not affect the use of Other Information by Tracking Technologies on other Devices that you may use to access the Site.
PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. PLEASE SEE BELOW FOR INFORMATION ON HOW TO MANAGE FLASH COOKIES.
ii. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must:
Delete existing Tracking Technologies through the "Internet Options" sub-option of the "Tools" menu option of your browser or otherwise as directed by your browser's support feature; and
Disable future Tracking Technologies through the same browser controls. Additional information on enabling or disabling most Tracking Technologies may be available through your browser's support feature. (See the "help" section of your browser for more information.)
You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser's support feature.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about this Site and online behavioral advertising. Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.
iii. Flash Cookies. Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html4.
5. Wireless Marketing Services and Associated Promotional Opportunities.
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 for EnStarNews's 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 EnStarNews. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, EnStarNews, its Parent Companies or Affiliates 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 EnStarNewss wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Site/SMS) method, at the discretion of EnStarNews depending on the type of Promotion. Premium rate services will require the "double opt-in" (Site/SMS or SMS/SMS) method.
i. 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 EnStarNews will mean that the user has freely and affirmatively granted permission to EnStarNews to send text messages to him or her. EnStarNews 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 EnStarNews or by sending a text message to EnStarNews that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT".
iii. 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. EnStarNews 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 EnStarNews 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 EnStarNews's 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 EnStarNews 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 EnStarNews 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 EnStarNews 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 EnStarNews at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". EnStarNews 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 EnStarNews. If the user unsubscribes from one or all of EnStarNews 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 EnStarNews. A user understands, acknowledges and agrees that EnStarNews may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. EnStarNews may provide notice of terminations or changes in services on this Site.
d. Use of Information. EnStarNews will not use a wireless telephone number, wireless or conventional Internet email address, or other 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 any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.
6. Sharing and Disclosure of Personal Information and Other Information.
7. Reviewing, Updating or Deleting Certain Information.
Generally, you may review, update or delete certain Information collected by the Site by clicking "Account" on the homepage to sign in to your Site account with your User ID to change, update or deactivate your Personal Information. 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. We will allow you to change the password portion of your User ID, as well as certain other 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 which is associated with your User ID.
You may also exercise certain privacy settings options by, if you are a registered user of the Site and logged into the Site, clicking "Profile" or your display name at the top of the Site, selecting "Edit Profile" or "Manage Account" and selecting the "Privacy" tab.
Certain Information collected for certain entries into Promotions 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.
If the burden or expense of providing access to your 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.
Children or Ineligible Teenagers.. If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of this Site ("Ineligible Teenagers"), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the "Parent") 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. 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).
8. Protection of Information.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, 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 similar standards of security and confidentiality.
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 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 NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site's Privacy Administrator at firstname.lastname@example.org, and then immediately delete the fraudulent email from your computer.
9. Your California Privacy Rights.
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at email@example.com or by postal mail to EnStarNews, 33 Whitehall St., 7th Floor, New York, New York 10004, Attn: Your California Privacy Rights, c/o Privacy Administrator.
All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to "Your California Privacy Rights", include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). 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.
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 the activity, behavior, use and conduct on the Site under your User ID (whether used by you or 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. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, 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.
Further, 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 and please use 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. EnStarNews 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.