PRIVACY POLICY
Effective Date: December 10th, 2009 – V1.1
PLEASE READ. YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING PRIVACY POLICY AND THE WEBSITE TERMS AND CONDITIONS.
I. Notice
II. Personally
Identifiable Information That We Collect
III.
E-mail Newsletter Subscriptions
IV. User Accounts
V. Special Promotions and Purchases; Submission of
Content to be Published
VI. Information Collected by Other Means or Media
VII. Information About Other People
VIII. Customer
Service
IX. Non-Personally Identifiable Information That We Collect
X. Cookies
and Related Technology
XI. Special Notice Regarding Children Under 13
XII. Use,
Disclosure, and Sharing of Information
a. Non-Personally Identifiable Information
b. Personally Identifiable Information
XIII. Our
Commitment to Data Security
XIV. Hyperlinks To and From Other Sites
XV. Consent to
Processing in the United States
XVI.
Contact Us Regarding Privacy
XVII. Notification
of Changes
____________________________________________________________________________
The “Website” refers to the website or webpage at www.TwitterBizMagic.com,
its subdomains, and related domains or sales pages. This Website is
owned or operated by TwitterBizMagic.com
and/or its subsidiary companies in the United States of America
(collectively, “COMPANY”). This privacy policy
(“Privacy Policy”) applies to information that you provide to COMPANY via this Website, and/or by use of other
services (collectively, the “Services”) that may be provided by other
means or media, including as set forth below and as defined in the
applicable Terms and
Conditions or other terms.
This Privacy Policy is intended
to provide you notice of COMPANY’s information management practices,
including the types of information gathered, how it is used and
safeguarded, and the degree to which you may control the maintenance and
sharing of your information. Your use of any COMPANY
Service or Website constitutes acceptance of this Privacy Policy and
any other applicable terms. This Privacy Policy is part of and
incorporated by reference into the Terms and Conditions for this
Website.
II. Personally Identifiable Information That
We Collect
COMPANY respects your
privacy and is committed to protecting personally identifiable
information that you provide in connection with your use of its Websites
and Services. Such personally identifiable information collected
includes your name, shipping address, billing address, telephone
numbers, e-mail address, and payment information such as your credit
card number.
III. E-mail
Newsletter Subscriptions
To subscribe to our e-mail
newsletters, if any, you will need to provide your e-mail address. You
may also be asked for other information when you subscribe.
IV. User Accounts
In order to use our chat rooms,
message boards, and certain other Services, you will need to register
and create a user account (“User Account”). There is no cost to create a
User Account in most cases. You may be asked to choose a user name,
screen name, or member name (each, a “User Name”) and password. Please
do not use your real name or the real name of another person when
selecting a User Name. You will also be asked to provide certain
personally identifiable information and other information about
yourself, such as your first and last name, date of birth, address,
telephone number, and e-mail address.
Please note that your
User Name will be available to the Internet’s general public while you
participate in some Services, like chat rooms, forums or message boards,
so you should exercise discretion when using these Services. This
Privacy Policy does not apply to any information you may disclose
publicly in such Services. In some instances, you may choose to create a
“Public Profile” that will be available to others on the Internet.
Public Profiles are managed entirely by you, and you are solely
responsible for your Public Profile’s content and its “public” or
“private” status. The Company bears no responsibility for any action or
policies of any third parties who collect any information that users may
disclose in user forums or other public areas of this Website. You are
also responsible for maintaining and updating the registration
information in your User Account with current and complete information.
You may access, edit or remove your Public Profile by signing in to your
User Account and following the directions there.
Please review our
restrictions on use and guidelines for user forums in the “Terms and
Conditions” for the Website.
You
can unsubscribe from receiving commercial e-mail from the Website by
clicking the link contained within such e-mails sent to you. You should
be aware that it is not always possible to completely remove or modify
information in our databases. In addition, we may institute a policy in
which user information is deleted after a certain amount of time, and
therefore, your user information may no longer exist in the COMPANY’s
active database(s). In addition, even if you choose to unsubscribe or
otherwise modify your User Account settings, the COMPANY
reserves the right to contact you regarding your account and your use
of this Website.
V. Special Promotions and Purchases;
Submission of Content to be Published
To participate in
some Services such as sweepstakes, contests and surveys (“Special
Promotions”), or to make online purchases (“Purchases”), you will need
to provide personally identifiable information, such as name, mailing
address, e-mail address, phone number, and date of birth. Your
information may be collected by COMPANY or by a
third party, such as a co-sponsor or a vendor involved in, or providing
services in connection with, a Special Promotion, or an e-commerce
partner in the case of a Purchase.
If you make a Purchase or
enter a sweepstakes or other Special Promotion on one of our sites or
through our Services, COMPANY will collect
your personally identifiable information, and you are deemed to consent
to us providing your information to third parties who provide certain
services such as processing of credit card transactions, customer
service, promotion or sweepstakes administration, order fulfillment
and/or prize delivery, as applicable. (As more fully described below in
“Use, Disclosure, and Sharing of Information – Personally Identifiable
Information”, these third parties are prohibited from using this
information for their own marketing purposes and/or from sharing,
selling, or otherwise distributing any personal data of our customers,
unless you choose to opt in for such additional uses and/or disclosure
by the third parties, under their respective privacy policies.).
Also, by entering a sweepstakes or other Special Promotion, you are
agreeing to the official rules that govern that sweepstakes or other
Special Promotion, which may contain specific requirements of you,
including, except where prohibited by law, allowing the sponsor(s) of
the promotion to use your name, voice or likeness in advertising or
marketing associated with the promotion.
If you make a purchase
or enter a promotion (such as a sweepstakes) in which COMPANY is participating on a third party’s website
(or through some other means or medium), we will collect your
information from the third party only if you opt-in to receive
additional communications from us, or we are required to fulfill some
function in relation to your activity (e.g., to send your order or
deliver a prize).
If you submit to the Website a comment,
photograph or other content to be published, online or offline
(including on-air, in a DVD, or any other
format), we may publish your name or other personally identifiable
information in connection with publishing the content and you are hereby
deemed to give us permission to do such.
VI. Information
Collected by Other Means or Media
In some situations, we
may also collect personally identifiable information and other
information about you through other means, directly or indirectly. For
example, if you access any COMPANY content, or
purchase such content via your wireless carrier or through another
third party, the COMPANY may collect
information directly from you or through the third party. Likewise, if
you use our software, or provide information to other companies who
share information about their customers, we may collect additional
information about you. In each of these cases, the COMPANY
will apply this policy to any personally identifiable information.
VII. Information About Other People
Some COMPANY Websites and Services
may ask you to submit personally identifiable information about other
people. If you provide us with personally identifiable information of a
friend, or your friend provides personally identifiable information
about you, to e-mail a feature from the Website, the e-mail addresses
you or your friend supply us for those activities will not be used to
send you or your friend other e-mail communications unless disclosed at
the time you provide the information. A record of that transaction will
be maintained as allowed and/or required by law.
VIII. Customer Service
Some
Services may offer support and technical assistance through customer
service centers via telephone, online chat, or e-mail. Whenever you
communicate with customer service, you do so with the understanding that
an operator may view and make changes to the information in your User
Account in order to provide the assistance that you need.
IX. Non-Personally Identifiable Information That We Collect
As part of the registration process for some Services, you may be
asked to provide information that does not personally identify you. For
example, you may be asked to provide information concerning your
personal preferences, purchasing habits, and the like. This information
is generally optional but may be included in your User Account profile. COMPANY requests this information to understand you
better and to also bring to your attention new services, programs, or
offers that may be of interest to you.
In many cases, COMPANY will automatically collect certain
non-personally identifiable information about your use of its sites and
Services. COMPANY might collect, among other
things, information concerning the type of Internet browser or computer
operating system you are using, the domain name of your Internet service
provider, your “click path” through the COMPANY
sites or “click-through” from an e-mail, the Website or advertisement
that was linked to or from the COMPANY site
when you visited, and your IP address. To do this, COMPANY
may use cookies and other technology (see below). If you are using our
wireless Services, we may also automatically collect information such as
the type of wireless device you are using, your mobile identification
number (assigned by your telecommunications carrier) and
telecommunications carrier. Your use of our Websites and Services, and
information provided through these technologies, will be anonymous
unless you provide us with personally identifiable information or have
provided such information in the past.
X. Cookies and
Related Technology
This Website’s pages or e-mail messages
may contain cookies, web beacons (also known as clear gifs), or similar
technologies as they become available. Cookies are information files
that this Website may place on your computer to provide extended
functionality. The COMPANY may use cookies for
a number of purposes, such as tracking usage patterns on the Website,
measuring the effectiveness of advertising, limiting multiple responses
and registrations, facilitating your ability to navigate the Website and
as part of a verification or screening process. Most browsers are
initially set up to accept cookies. Most browsers will allow you to
erase cookies from your computer hard drive, block acceptance of
cookies, or receive a warning before a cookie is stored. You should
refer to your browser instructions, “Help” screen, or similar such
resource to learn more about how to manage cookies and possibly reset
your browser to refuse all cookies or to indicate when a cookie is being
sent by indicating this in the preferences, options, or similar such
menu in your browser. However, it is possible that some parts of this
Website will not operate correctly if you disable cookies and you may
not be able to take advantage of some of this Website’s features. You
should consult with your browser’s provider/manufacturer if you have any
questions regarding disabling cookies.
The COMPANY’s web
pages may include advertisements for third parties and their products,
and those third-party advertisements may include a cookie or web beacon
served by the third party. The COMPANY
does not control cookies in such third party ads, and visitors are
encouraged to check the privacy policies of advertisers and/or ad
services to learn about their use of cookies and other technology. The
COMPANY’s Privacy Policy does not cover the use of information collected
from you by third party ad servers. These companies may use information
(not including your name, address, e-mail address or telephone number)
about your visits to this and other Websites in order to provide
advertisements on this site and other sites about goods and services
that may be of interest to you.
A web beacon is a small
graphic image that allows the party that set the web beacon to monitor
and collect certain information about the viewer of the web page,
web-based document or e-mail message, such as the type of browser
requesting the web beacon, the IP address of the computer that the web
beacon is sent to and the time the web beacon was viewed. Web beacons
can be very small and invisible to the user, but, in general, any
electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. The COMPANY may use web beacons to count visitors to
the web pages on the Website or to monitor how our users navigate the
Website, and the COMPANY may include web
beacons in e-mail messages in order to count how many messages sent were
actually opened, acted upon or forwarded.
XI. Special
Notice Regarding Children Under 13
COMPANY
recognizes the sensitivity of personally identifiable information
concerning children under the age of 13 and therefore provides this
special notice. COMPANY is committed to
complying with all applicable laws and regulations regarding children,
including the Children’s Online Privacy Protection Act (“COPPA”). Except in limited circumstances allowed by COPPA, COMPANY will not
knowingly collect, maintain, or disclose any personally identifiable
information from a child under 13 without first obtaining consent from
that child’s parent or legal guardian.
If you are a parent or
guardian who has discovered that your child under the age of 13 has
submitted his or her personally identifiable information without your
permission or consent, COMPANY will make
reasonable efforts to remove the information from its active list, at
your request. To request the removal of your child’s information, please
send an e-mail to support@twitterbizmagic.com
and be sure to include in your message the same User Name and password
and/or e-mail address that your child submitted.
COMPANY encourages parents and guardians to spend
time online with their children to become familiar with the types of
content available on the COMPANY Web sites and
the Internet generally.
XII. Use,
Disclosure, and Sharing of Information
a. Non-Personally Identifiable Information
From time to
time, COMPANY may use and share with third
parties aggregate, non-personally identifiable user information to show
general demographic and preference information among users of the COMPANY Web sites. When you visit or download
information from this Website, our web servers may automatically collect
website usage information. Website usage information is non-personally
identifying information that describes how our visitors use the Website.
It can include the number and frequency of visitors to each web page
and the length of their stays, browser type, referrer data that
identifies the web page visited prior and subsequent to visiting the
Website, and IP addresses (see below for more information on IP
addresses). COMPANY may use IP addresses for a
number of purposes, such as system administration, to generally
determine your computer’s server location, to report aggregate
information to our business partners or to audit use of the Website. We
also may determine your screen resolution and the technology available
in order to serve you the most appropriate version of a web page, e-mail
or similar service.
b. Personally Identifiable Information
COMPANY uses information about you to deliver the
Services that you request, to keep you informed about changes affecting
our Services or your account, to inform you of other Services or offers
in which you might be interested, and to improve and enhance our sites
and Services. If you provide COMPANY with
personally identifiable information, we will take all reasonable and
appropriate steps to protect it from unauthorized disclosure.
If you
opt in to receive e-mail from us, you can always opt out of future
marketing messages by following the directions in each message to
“unsubscribe”. However, if you choose to opt out of marketing messages,
we reserve the right to contact you regarding your account status,
technical support, product information, changes to account terms, and
any other matter that might affect our service to you and/or any
products you purchased from us or registered with us, as applicable.
As stated in the Terms and Conditions, you will be deemed to have
consented to the disclosure to, and use by, a subsequent owner or
operator of a COMPANY Website or Service, of
any information about you contained in the applicable COMPANY
database, if COMPANY or one of its companies
assigns its rights and obligations regarding any of your information at
the time of a merger, acquisition, or sale of all or substantially all
of COMPANY’s or such COMPANY company’s assets
related to the applicable site or Service to a subsequent owner or
operator. In the event of such a merger, acquisition, or sale, your
continued use of the Website or any related Service signifies your
agreement to be bound by the Terms and Conditions, California Privacy
Policy and Privacy Policy of the Website’s or Service’s subsequent owner
or operator.
The COMPANY and its
companies may work together in order to provide portions of the COMPANY Websites and some Services (e.g., to fulfill
prizes won in a sweepstakes, or to provide other support for a
Service). These companies will handle your personally identifiable
information in accordance with this Privacy Policy.
As stated above
in Personally Identifiable Information That We Collect – Special
Promotions and Purchases; Submission of Content to be Published, COMPANY may also work with third parties to provide
some Services on our Websites. In connection with those Services, you
are deemed to consent to us sharing your information with third parties
who provide services such as processing of credit card transactions,
customer service, promotion administration, order fulfillment and/or
prize delivery, as applicable.
Third parties who provide, or
participate in, Services on COMPANY Websites
are prohibited from using our customers’ personally identifiable
information for marketing purposes and/or from sharing, selling, or
otherwise using such information, unless you choose to opt in to
marketing, sharing, or other uses by the third parties. If you do not
want your information to be used for marketing (or other purposes
unrelated to the provision of COMPANY
Services) by a third party who participates in a Service on one of our
sites, do not opt in to such use by that third party when you register
to participate in the Service.
Please note that whenever you opt in
to receive future communications from a third party, your information
will be subject to the third party’s privacy policy. If you later decide
that you do not want that third party to use your information, you will
need to contact the third party directly, as we have no control over
how third parties use information. You should always review the privacy
policy of any party that collects your information to determine how that
entity will handle your information.
COMPANY
will not share, sell, rent, or disclose any personally identifiable
information that we have collected except as stated herein, or in the
following instances; 1) where we supply companies we have associations
with, with your information in order to offer you services we feel may
be of interest to you and who may then contact you by telephone or
direct mail (unless you have opted out of their marketing programs under
the procedures set forth by them – See our California Privacy Policy
for more information); 2) where we are required by law, legal process,
or court order to disclose; 3) where disclosure is necessary to
identify, contact, or bring legal action against someone who may cause
or be causing harm to, or interference with, the COMPANY’s rights or
property, other COMPANY Website users, or
anyone else; or 4) to respond to an inquiry, request or complaint that
you have made. COMPANY may also use IP
addresses it collects in cooperation with Internet service providers, to
identify users if we deem it necessary to comply with law, to enforce
compliance with this Privacy Policy or our Terms and Conditions, or to
protect our sites, customers, or others.
XIII.
Our Commitment to Data Security
While COMPANY takes reasonable and appropriate precautions
to protect your personally identifiable information from unauthorized
disclosure and to prevent possible security breaches in our Websites,
Services, and customer databases, no website, Internet transmission,
computer system, or wireless connection is completely secure.
Consequently, COMPANY cannot guarantee that
unauthorized access, hacking, data loss, or other breaches will never
occur. Your use of the COMPANY Websites and
Services is at your own risk. COMPANY urges
you to take steps to keep your information safe by memorizing your
password or keeping it in a safe place (separate from your account
information), logging out of your User Account, and closing your Web
browser.
Whenever you give COMPANY
sensitive or confidential information (for example, credit card numbers
for Purchases), COMPANY will take commercially
reasonable steps to protect the information by establishing a secure
connection with your Web browser. COMPANY
employs a security technology known as a secure-socket-layer (“SSL”) to protect the transmission of payment
information to the site. Unless otherwise specified herein or on the
Website where you make a Purchase, credit card numbers are used only for
payment processing and are not retained for marketing purposes.
XIV. Hyperlinks To and From Other
Sites
COMPANY sites may frame,
and/or contain links to, or advertisements about, non-COMPANY
Web sites. Other sites may also reference, advertise, or link to COMPANY Websites. COMPANY
does not endorse or sponsor other websites, is not responsible for the
privacy practices or the content of non-COMPANY
sites, expressly disclaims any statements or assertions made on such
websites, and denies and disclaims all liability associated with your
use of, and the content on, such other sites and advertisements.
XV. Consent to Processing in the United States
By providing any personally identifiable information to COMPANY, all users, including, without limitation,
users in the member states of the European Union, fully understand and
unambiguously consent to this Privacy Policy and to the collection,
storage, and processing of such information in the United States of
America.
XVI. Contact Us
Regarding Privacy
COMPANY is
dedicated to protecting your personally identifiable information and
welcomes comments and questions on this Privacy Policy. You may e-mail
your questions or comments to: support@twitterbizmagic.com
Please note that information submitted to the Website via a
“contact us,” “help” or other similar e-mail address or form will not
necessarily receive a response. We will not use the information provided
to these e-mail addresses or forms for marketing purposes unrelated to
your request.
XVII.
Notification of Changes
COMPANY
reserves the right to change this Privacy Policy and its Terms and
Conditions at any time. In case of any material change to the Privacy
Policy, we will replace the “Privacy Policy” link on the home page of
our sites with a link entitled “Updated Privacy Policy” for no less than
30 days. All changes to the Privacy Policy and/or Terms of Service will
be effective when posted, and your continued use of any COMPANY Website or Service after the posting will
constitute acceptance of, and agreement to be bound by, those changes.