Pluck on Demand Privacy and Information Security Policy for Publishers

Effective Date: November 5, 2008

Your privacy is important to Pluck Corporation ("Pluck", "we" or "us"). This Privacy and Information Security Policy (this “Policy") discusses the uniquely identifying, private information ("PI") that we collect about Pluck licensees (“Publishers” or “you”) when you implement, configure, and use the Pluck on Demand Service (the "Service") available at http://ondemand.pluck.com (the "Services Interface"). This Policy is part of and incorporated into the Pluck on Demand Terms of Use for Publishers (the "Agreement"). PI includes, without limitation, your full name, street or email address, and social security number, pay pal account information or employer identification number.

BY PROVIDING PI OR OTHER INFORMATION TO US OR BY USING OR IMPLEMENTING THE SERVICE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY.

  1. INFORMATION YOU GIVE US
    1. The Types of Information Pluck Collects. We collect any information you enter on the Services Interface or give us in any other way (such as through an email, survey, or letter) or by means of those web sites that have been expressly authorized by Pluck (your "Authorized Sites"). The information that we collect varies depending upon how you use our Service. Our account registration process requires that you provide us with your name and other PI, and that you create and provide us with a password. Pluck does not knowingly collect PI about persons under 13 years of age.
    2. Updating Account Information. You may access and update certain parts of your registration information by going to your Account section on the Services Interface.
  2. AUTOMATIC INFORMATION COLLECTION

    1. Cookies. Like many Internet services, we use "cookies." Cookies are alphanumeric identifiers that may be transferred to your hard drive or to the hard drive of an end user of your web site. We transfer cookies 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. Our cookies do not collect PI, but they do collect other information such as the following:

      1. the domain name and host from which you accesses the Internet, your web site address, and the Internet address of the web site from which you direct-linked to ours;
      2. the date and time you access the Services Interface and the pages you visit;
      3. a computer's IP address and information about its operating system, platform and the Web browser type and version; and
      4. information to combat fraud or misuse.
    2. Embedded Technologies. We may include technologies in the Service's widgets to monitor the use of the Service through your Authorized Sites. These technologies will track your Authorized Sites’ use of the Service, including without limitation the number of calls from a Service widget to Pluck's servers and the number of times a particular item of Pluck content is served to your web site.
    3. 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).
    4. Collection of Information by Third Parties. The Service may include third-party advertising, links to other websites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. We do not provide any PI to these advertisers, third-party websites, or other businesses, although on occasion we may mutually share non-personally identifiable (e.g., demographic) information to facilitate delivery of relevant advertisements. These third-party websites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use technology to deliver (or "serve") the advertisements that appear through the Service. They automatically receive a user's IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize or optimize advertising content. We do not have access to or control over cookies or other technologies that they may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Policy but are covered by their respective privacy policies. Some, but not all, third party advertising companies provide a mechanism to opt-out of their technology. For more information and an identification of advertisers that provide an opt-out mechanism, please click the following: http://www.networkadvertising.org/managing/opt_out.asp.
  3. PLUCK'S USE AND RETENTION OF PUBLISHERS' INFORMATION
    1. Use of Publishers' PI. We use your PI for purposes such as responding to your requests, monitoring and providing the Service, maintaining your Pluck account, providing you with information and content that we believe is relevant to you, enforcing our rights and the rights of third parties, and investigating and ensuring compliance with the Agreement. We also may use your PI to contact you regarding your account. We may also email Pluck newsletters, and similar communications about the Service.
    2. Use of End Users’ PI. The Pluck End User Privacy Policy describes the information Pluck collects from end users who access the Service and how Pluck uses such information. A copy of the Pluck End User Privacy Policy is located at: http://ondemand.pluck.com/end-user-privacy-policy.
    3. Business Communications. You agree that we have the right to send you customary business communications such as general system and administrative messages regarding the Service, address confirmations, and transactional information about your account.
    4. Use of Other Information. We use non-PI for purposes such as making the Service more useful, delivering targeted content, analyzing trends, and administering the Service.
    5. 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.
  4. PLUCK'S SHARING OF INFORMATION

    Pluck shares Publishers' information with third parties, but only as described in this Section 4.

    1. Advertisers and Others. We share non-personally identifiable information including without limitation information that web browsers, depending on their settings, may make available 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-PI that they have independently gathered or acquired.
    2. 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, providing customer service, sending Pluck emails to you, and analyzing data. These third parties may have access to your PI for use solely in connection with these authorized business activities.
    3. 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 PI 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.
    4. Affiliates.We may share PI, non-PI 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., which is located www.demandmedia.com. 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.
    5. Compliance and Safety. We may release PI when we believe release is appropriate to: (i) comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, (ii) respond to or otherwise address written complaints of copyright or other intellectual property infringement; (iii) prevent potential crimes; (iv) enforce or apply agreements, including the Agreement; or (v) protect the rights, property, or safety of Pluck, our customers, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
  5. INFORMATION SECURITY
    1. Your Obligations. You must protect against unauthorized access to your password and to your 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.
    2. Our Security Measures. We take reasonable precautions to protect the security of our Publishers' information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. Therefore, while we use reasonable efforts to protect your PI, we cannot guarantee its absolute security.
    3. 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 consistently 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: Legal Department, 15801 NE 24th St. Bellevue, WA 98008, Attn: Information Security Policy Enforcement.
  6. LINKS

    The Service and the Services Interface contains links to other sites. We are not responsible for the privacy practices of such other sites. This Policy applies only to information collected by Pluck arising from your use of the Service and the Services Interface.

  7. CONDITIONS OF USE AND REVISIONS
    1. Privacy Concerns. Your use of the Service and any dispute over privacy is subject to the Agreement. If you have any concern about privacy at Pluck, please send us a thorough description to ondemandsupport@pluck.com, and we will try to resolve it. If you think we are in default of the Agreement, you may contact us at Our Legal Notices Address in Section 8 below.
    2. 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.
    3. 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 page the revised Policy's new effective date. If we make material changes, we will notify you at the email address you provided to us and through notice on the Services Interface, and will also indicate the date the changes were made to this Policy at the top of this page. 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.
  8. CONTACT INFORMATION AND INFORMATION ABOUT POLICY ENFORCEMENT

    For customer service matters (including questions relating to this Policy), you may email us at ondemandsupport@pluck.com. To send us a legal notice, mail it by certified mail (return receipt requested) to: 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 Interface.

    Pluck is a registered trademark of Demand Media in the United States and other countries. © 2008 Pluck Corporation. All rights reserved.