Effective Date: 1/1/2019
Last Updated: ____________, 20__
Revisions to this Policy
The information which the Company collects through the Site may include personally identifiable information (“Personal Information”) which refers to information that helps it identify users or viewers of the Site (collectively, “Users” and each a “User”). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password, demographic information about the User such as his age and/or gender. Personal Information shall also include any other information submitted by the User to the Site including, without limitation, any User Content and/or Solicited Content (as those terms are defined in the Company’s Terms and Conditions). In addition, the Company may collect and store information relating to the User’s geographic location, which shall also be included in “Personal Information.” Users are responsible for keeping all Personal Information current and may change any previously entered information through the Site in the manner set forth below.
The Site may also collect data that cannot be traced back to a specific individual (“Anonymous Information”). For example, the Company may be able to keep count of how many Users have viewed the Site and specific content therein, key words utilized to find the Site or key words utilized to search within the Site, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers or email addresses. Users who view Site but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information will be intentionally collected by the Company from anonymous Users.
The Site may use browser cookies to collect Anonymous Information. The Site may also incorporate web beacons or similar tracking technologies to allow the Company to track how the Site is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information.
The Company may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Site and the Company’s products and services. Advertisers advertising on or through the Site, if any, may have access to Anonymous Information for purposes of determining how often a User sees a particular advertisement. Moreover, other Users may likewise have access to the User’s Anonymous Information with regard to his Use History, as outlined below.
In addition, the Anonymous Information that is gathered from a User may also be tied to his Personal Information to see how that specific User utilizes the Site and the aggregate use and postings that he has made (his “Use History”). This combined information may be shared internally within the Company, with advertisers and other third parties, and with businesses and other Users with whom the User interacts on the Site. By using the Site, the User is agreeing to his Personal Information and Use History being utilized in this manner. If at any time he wishes to prospectively withdraw that consent, he may do so by notifying Company in writing of the same by providing an email to the Company at firstname.lastname@example.org. The subject line of that email should read: “Do Not Share Use History.” Nevertheless, by making this request, and without limiting the Company’s general termination rights, User acknowledges and agrees that this request may result in his access and use of the Site may be terminated.
Users may submit to and/or post or publish content on the Site that may be made publicly available to other Users and to the general public via the Site. Users acknowledge and agree that by posting or otherwise submitting such content on or to the Site, his Personal Information, along with that content, may be visible to the third parties. User shall not share any information in his inquiry that he is not prepared to be public or to otherwise share with such other third parties.
Further, Users may submit inquiries, feedback, comments or other content (collectively, an “Inquiry”) to the Company through the Site. Users acknowledge and agree that by sending an Inquiry or otherwise posting communications to the Site, a User’s Personal Information, including his email address and any other information the User supplies, may be visible to third parties. User shall not share any information in his Inquiry that he is not prepared to be public or to otherwise share with such other third parties. Moreover, User’s Inquiry may be available for review by the Company and/or other vendors, suppliers, contractors and employees of the Company. Moreover, the Company may, from time to time, use third party email servers to send and track receipt of the Inquiries, and analyze the pattern of inquiry usage via these third party tracking systems. Moreover, User acknowledges and agrees that the Company may need to otherwise provide a third party with portions of the User Information that the Company, in its sole discretion, deems necessary to effectuate the purposes of the Site.
All submissions of content, including without limitation, the submission of User Content and/or Solicited Content (as those terms are defined in the Terms and Conditions) and/or other materials, images, text, graphics, pictures, content and/or an Inquiry sent to the Company, are accepted solely in accordance with, and governed by, the Site’s Terms and Conditions.
Third Party Advertisers and Listings and Links to Third Party Websites
Information about the Users of the Site, which include Users’ Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets or ownership interests and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset.
It is the Company’s policy to not use or share the Personal Information of Users of the Site in ways which have not been outlined or described herein and otherwise within the Terms and Conditions of the Site without first allowing its Users a chance to opt out or otherwise disallow such unrelated uses. However, the Company may disclose Personal Information about its Users or information relating to their Use of the Site for any reason if, in its sole discretion, it determines that it is otherwise reasonable to do so, including, without limitation:
- To comply with laws, such as without limitation, the Electronic Communications Privacy Act, regulations or governmental or legal requests for such information;
- To reveal information that is needed to identify, contact or bring legal action against any User who may be violating the terms and conditions of the Site;
- To take steps to protect and defend rights and property, including without limitation, intellectual property of the Company or that of third parties;
- To operate the Site properly;
- To protect the Site and its Users; and/or
- To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its Users to the extent required by applicable law.
The Company undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. The Company undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although the Company is ever diligent in its security pursuits, it cannot guarantee the success of its efforts. Company undertakes no duty to provide notice to any Users of a security breach, unless otherwise required to do so by law. The Company hereby disclaims any and all liability for any breach of security that may or may not result in the sharing or dissemination of User’s Personal Information with or to third parties. Company shall not be liable for damages of any kind, including, without limitation, special, exemplary, punitive, indirect, direct, incidental or consequential (including but not limited to lost profits or lost savings) and whether based in contract, tort, negligence, strict liability or otherwise, which arises out of or is in any way connected with the Company’s collection of User’s information, or the unintentional dissemination thereof.
Protection of Children
This Site should not be used by Users under the age of majority in the State from where the User is accessing this Site. The Company shall make reasonable efforts to ensure that this Site contains sufficient warnings to make it obvious that its content is not intended for Users under the age of eighteen (18) and that they are not welcome to access this Site. However, there is no substitute for proper parental supervision of children's Internet usage. Accordingly, the Company recommends that Users of this Site use parental control protections, such as computer hardware, software or filtering devices which may help Users limit minors’ access to harmful materials.
The Company does not knowingly collect or use any personal information from children (minors younger than 18) through the Site. If the User is a parent and believes the Company may have inadvertently collected such information from User’s child, please notify the Company immediately by sending an email to email@example.com .
A User acting on behalf of an employer or entity, acknowledges that it is authorized to do so and that it may be sharing certain corporate information with the Site and other Users. As further set forth in the Terms and Conditions, all Users also acknowledge that they have permission to utilize the Site in this capacity.
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) Company is located at 681 Ridge Road, Monmouth Junction, New Jersey 08852 and can be reached via telephone at 732.501.5023; (b) the Terms and Conditions of the Site have provided User with advance notice of any applicable charges resulting from or related to his use of the Site or its services; (c) consumers may contact Company at the address or telephone number indicated above to resolve a complaint or receive further information regarding any aspect of the services provided by the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.