Effective Date: February 27, 2009
- This Policy governs the collection and use of information when you interact with the Service. This Policy does not govern the use or collection of personal information by a web site that incorporates the Service when you interact with the sections and parts of that web site that are outside the Service.
- We will not collect personally identifiable information about you through the Service unless you disclose or authorize the disclosure of such information to us;
- We will not knowingly disclose personally identifiable information about you that we collect through the Service to third parties without your consent, except under the limited circumstances described in this Policy; and
- We will take reasonable steps to protect the security of the personally identifiable information we collect from you through the Service.
The above Policy highlights are qualified in full by reference to the terms described below.
BY PROVIDING PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION TO US OR BY USING OUR SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY.
INFORMATION YOU GIVE US
- Personally Identifiable Information. This Policy discusses the Personally Identifiable Information that we collect about you when you use the Service. "Personally Identifiable Information" is information that permits the identification of an individual such as a first and last name; a home or other physical address, including street name and name of city or town; an email address; a telephone number; or a social security number.
- The Types of Information Pluck Collects. We collect any information you enter on the Service or give us in any other way (such as through an email, survey, or letter). The information that we collect varies depending upon how you use our Service. Our account registration process requires that you provide us with your user name, birthday and email address, and that you create and provide us with a password. We may also request other information such as your actual first and last name, gender, and zip code. You may access and update certain parts of your personal information or account settings by going to any Pluck On Demand powered website and logging in to your account. You can access and update all information by clicking Edit Profile
- Information in Public Areas of the Service. Please keep in mind that whenever you voluntarily provide information in public areas of the Service, such as the user profile pages, question and answer forums, blogs, or user forums, that information can be viewed and possibly used by others. We therefore advise visitors not to disclose sensitive personal information, contact information, including phone number, email address, street address or instant messenger address (within these public areas) that they do not wish to share. We are not responsible for Personally Identifiable Information you choose to submit in these public areas and such information may be freely distributed outside of the Service. Also, we may highlight content you post to the public areas of the Service such as reviews or comments, such as by featuring your Content on one or more web sites that incorporate the Service. Information that you post to the public areas of the Service is not considered to be private information.
- Minors. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register to use the Service. If you are under 13, do not attempt to register for our Service or send any information about yourself to us.
AUTOMATIC INFORMATION COLLECTION
Cookies. Like many websites, we use "cookies." Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. We use persistent, identifying cookies to remember your information and to link your activities to you. While you can take steps to warn off, block or disable cookies, if you do, the Service may not function and appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. Our cookies do not collect Personally Identifiable Information that you provide to us during the registration process, but they do collect other information such as the following:
- the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to a site incorporating the Service;
- the date and time you access the Service and pages you visit;
- your computer's IP address and information about its operating system, platform and the Web browser type and version you use;
- demographic and other non-personally identifiable profile information about you; and
- information to combat fraud or misuse.
- Pixel Tags. In our email to you, we use "pixel tags" to determine if your email software or service can display html-formatted email (this helps us optimize the size of our email messages and conserve bandwidth).
- Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstake, or contest on the Service. You may be asked to provide personal information or permit the transfer to a third party of your personal information in connection with such promotion, sweepstake or contest. It will be disclosed at the point of collection or transfer who is collecting or transferring the information and whose privacy statement applies, and it will be your choice whether or not you wish to permit such transfer or collection of personal information to a third party.
PLUCK'S USE AND RETENTION OF YOUR INFORMATION
- Use of Personally Identifiable Information. We use your Personally Identifiable Information for purposes such as responding to your requests, monitoring and providing the Service, maintaining your Pluck account, providing you with content that we believe would be of interest to you, enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Terms. We also may use your Personally Identifiable Information to contact you regarding your account, such as to inform you that you have received an email from another Pluck member, or to forward user comments to you about the content that you have posted. We may also email to you Pluck newsletters and similar communications about the Service.
- Pluck Communications. In the future, we may wish to send you marketing or promotional e-mails and other communications regarding the Service. If we do send such communications, you will be provided with the opportunity to modify the types of communications you wish to receive by changing your preferences as part of your account on the Service. In addition, in any marketing or promotional e-mails to you, we will generally include instructions on how to unsubscribe and/or inform us of your preferences if you do not want to receive any marketing or promotional e-mails from us. You agree that we may send you customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages regarding the Service, address confirmations, and transactional information about your account, and you may not have the opportunity to opt-out of receiving such communications so long as you are registered with the Service.
- Use of Other Information. We use non-Personally Identifiable Information about our users for purposes such as measuring the number of visitors to sections of our Service, making the Service more useful to visitors and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the Service, track a user's movement, and gather demographic information for non-personally identifiable use.
- Retention of Information. We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
PLUCK'S SHARING OF INFORMATION. Pluck shares information with third parties, but only as described in this Section 4 or if authorized by you.
- Advertisers and Others. We share non-Personally Identifiable Information with advertisers, service providers, and other persons with whom we conduct business. Similarly, these advertisers, service providers, and other persons may share with us non-Personally Identifiable Information about you that they have independently gathered or acquired.
- Third Party Services. We contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf. Examples include providing marketing assistance and customer service, sending Pluck emails to you, removing repetitive information from customer lists, and analyzing data. These third parties may have access to your Personally Identifiable Information for use solely in connection with these authorized business activities. We contractually require that our operations and maintenance contractors protect the privacy of your Personally Identifiable Information no less than as required under this Policy.
- Business Transfer. As we develop our business, we might sell or buy businesses or their assets, or engage in acquisitions, mergers, restructurings, changes of control, or similar transactions. In such transactions, customer information generally is one of the transferred business assets, and your Personally Identifiable Information may be subject to such a transfer. Also, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
- Affiliates. We may share Personally Identifiable Information, non-Personally Identifiable Information and other information with our corporate affiliates. Some of our most significant affiliates are identified on the website of our parent company, Demand Media, Inc.. Corporate affiliates are those entities that we control, are controlled by us, or are under common control with us and any joint venture in which any of the controlled entities may participate from time to time. Any use of your information by our corporate affiliates is subject to this Policy or another policy no less protective of your privacy. Conversely, we may obtain information about you from our corporate affiliates or from your visits to other websites that we or our corporate affiliates control.
- Compliance and Safety. We may release user information when we believe release is appropriate to:
- comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement;
- make disclosures under programs intended to prevent potential crimes or investigate persons;
- enforce or apply agreements, including the Terms; or
- protect the rights, property, or safety of Pluck, our publishers, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
- Without limiting the foregoing, by submitting a notice of copyright infringement or other communication (including communications about content stored on or transmitted through the Service) you consent to have such communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution.
INFORMATION SECURITY (INCLUDING NOTICE PROVISIONS)
- Your Obligations. You must protect against unauthorized access to your password and to your computer. Please sign off when finished using a shared computer. Your emails to us are not necessarily secure against interception so do not include sensitive information in them. We generally will not ask for passwords in an email and you should assume that if you get such a request, it might be fraudulent. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
- Our Security Measures. We take reasonable precautions to protect the security of our users' information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access to, maintain data security for, and correctly use your information. These procedures include the use in appropriate circumstances of secure socket layer (SSL) encryption technology and computer server firewalls. However, neither people nor security systems are foolproof, including encryption systems. Therefore, while we use reasonable efforts to protect your Personally Identifiable Information, we cannot guarantee its absolute security.
- Notice of Security Breach. In the event of a security breach, we will notify you at the most current email address that you have provided to us. It is therefore extremely important that you update us if you change email addresses and that you make sure that we always have the most current email address for you on file. Any security breach notice will be sent to you in the most expedient time possible following our discovery or notice of a security breach, and without unreasonable delay, subject to any determination by a law enforcement agency that notice would impede a criminal investigation, in which case the notice will be sent once the agency determines that notice will not compromise the investigation. If you would prefer to receive a security breach notice by U.S. mail, advise us of that fact by writing us at: Pluck Legal Department, 15801 NE 24th St. Bellevue, WA 98008; Attn: Information Security Policy Enforcement.
The Service contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Service and to read the privacy statements of every web site that collects your personally identifiable information. This Policy applies only to information collected by the Service.
CONDITIONS OF USE, NOTICES, AND REVISIONS
- Privacy Concerns. Your use of the Service and any dispute over privacy is subject to the Terms. If you have any concern about privacy at Pluck, please send us a thorough description through our "Contact Us" web page located at http://ondemand.pluck.com/contact-us.aspx, and we will try to resolve it. If you think we are in default of the Terms, you may contact us at Our Legal Notices Address in Section 8 below. Pluck adheres to the Safe Harbor Privacy Principles published by the U.S. Department of Commerce concerning the transfer of Personally Identifiable Information from the European Union to the United States of America (http://www.export.gov/safeHarbor). In the unfortunate and unlikely event that we cannot resolve a concern you may have regarding our implementation of the Safe Harbor Privacy Principles, we have contracted with BBBOnline as a dispute resolution provider. You can contact the BBBOnline at http://www.bbbonline.org/consumer/complaint.asp and follow their guidelines for initiating their dispute resolution procedures.
- Identity Theft. If you believe that you are a victim of identity theft entitled by law to request information from us, write us at our Legal Notice address (see the next section of this Policy) and we will let you know what additional information you must provide to us. After we have received that information, we will supply without charge the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.
- Revisions. We reserve the right to change our Policy at any time due to changes in the law, the Service, technology and industry practices. Non-material changes and clarifications will take effect immediately. If we make non-material changes, we will indicate at the top of this document the revised Policy's new effective date. If we make material changes, we will notify you that we have revised the Policy at the email address you provided to us and through notice on the home page of the Service (http://ondemand.pluck.com)(the “Services Website”), and will also indicate the date the changes were made to this Policy at the top of this document. The material changes will take effect 30 days after such notice. We encourage you to refer to this Policy at least every 30 days to check for material changes to this Policy. It is critical that you keep your email address correct at all times.
CONTACT INFORMATION AND INFORMATION ABOUT POLICY ENFORCEMENT
For customer service matters (including questions relating to this Policy), you may reach us through our "Contact Us" web page located at http://ondemand.pluck.com/contact-us.aspx. To send us a legal notice, mail it by certified mail (return receipt requested) to: Pluck Legal Department, 15801 NE 24th St. Bellevue, WA 98008. When we need to contact you, including when we give a legal notice, we may do so to an email address that we have on file for you, or we may post notice on the Services Website.
Pluck is a registered trademark of Demand Media in the United States and other countries. © 2008 Pluck Corporation.