PATCHMAGIC respects the
privacy of its users that use our website located at patchmagic.com including
other media forms, media channels, mobile website or mobile application related
or connected thereto . The following Company privacy policy is designed
to inform you, as a user of the Website, about the types of information that
Company may gather about or collect from you in connection with your use of the
Website. It also is intended to explain the conditions under which Company uses
and discloses that information, and your rights in relation to that
information. Changes to this Privacy Policy are discussed at the end of this
document. The Website is hosted in the United States of America and is subject
to U.S. state and federal law. If you are accessing our Website from other
jurisdictions, please be advised that you are transferring your personal
information to us in the United States, and by using our Website, you consent
to that transfer and use of your personal information in accordance with this
Privacy Policy. You also agree to abide by the applicable laws of applicable
states and U.S. federal law concerning your use of the Website and your
agreements with us. Any persons accessing our Website from any jurisdiction
with laws or regulations governing the use of the Internet, including personal
data collection, use and disclosure, different from those of the jurisdictions
mentioned above may only use the Website in a manner lawful in their
jurisdiction. If your use of the Website would be unlawful in your
jurisdiction, please do not use the Website.
BY USING OR
ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS
PRIVACY POLICY.
GATHERING, USE AND
DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally-Identifying
Information” is information that, without the aid of additional information,
cannot be directly associated with a specific person. “Personally-Identifying
Information,” by contrast, is information such as a name or email address that,
without more, can be directly associated with a specific person. Like most
website operators, Company gathers from users of the Website
Non-Personally-Identifying Information of the sort that Web browsers, depending
on their settings, may make available. That information includes the user’s
Internet Protocol (IP) address, operating system, browser type and the
locations of the websites the user views right before arriving at, while
navigating and immediately after leaving the Website. Although such information
is not Personally-Identifying Information, it may be possible for Company to
determine from an IP address a user’s Internet service provider and the
geographic location of the visitor’s point of connectivity as well as other
statistical usage data. Company analyzes Non-Personally-Identifying Information
gathered from users of the Website to help Company better understand how the
Website is being used. By identifying patterns and trends in usage, Company is
able to better design the Website to improve users’ experiences, both in terms
of content and ease of use. From time to time, Company may also release the
Non-Personally-Identifying Information gathered from Website users in the
aggregate, such as by publishing a report on trends in the usage of the
Website.
Web Cookies
A “Web Cookie” is a string of
information which assigns you a unique identification that a website stores on
a user’s computer, and that the user’s browser provides to the website each
time the user submits a query to the website. We use cookies on the Website to
keep track of services you have used, to record registration information
regarding your login name and password, to record your user preferences, to
keep you logged into the Website and to facilitate purchase procedures. Company
also uses Web Cookies to track the pages that users visit during each Website
session, both to help Company improve users’ experiences and to help Company
understand how the Website is being used. As with other
Non-Personally-Identifying Information gathered from users of the Website,
Company analyzes and discloses in aggregated form information gathered using
Web Cookies, so as to help Company, its partners and others better understand
how the Website is being used. COMPANY USERS WHO DO NOT WISH TO HAVE WEB
COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB
COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN
FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB
COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY
RESULTING LOSS OF FUNCTIONALITY.
Third-Party Advertisers
We may use third-party advertising
companies to serve ads when you visit the Website. These companies may use
information (not including any Personally-Identifying Information) about your
visits to the Website and other websites that are contained in Web Cookies in
order to provide advertisements about goods and services of interest to you.
Using a tool created by the Network Advertising Initiative, you can opt out of
several third-party ad servers’ and networks’ Web Cookies simultaneously. If
you would like more information about this practice and to know your choices
about not having this information used by these companies, please follow the
following links: http://networkadvertising.org/managing/opt_out.asp,
http://preferences-mgr.truste.com/, or http://www.aboutads.info/choices/.
Please contact us if you would like to know the identity of the third-party
advertising companies we are currently using to serve ads.
We may allow advertisers to choose
the characteristics of users who will see their advertisements, and we may use
any of the Non-Personally Identifying Information we have collected (including
information you may have decided not to show to other users, such as your birth
year or other sensitive personal information or preferences) to select the
appropriate audience for those advertisements. We do not identify you to the
advertiser.
Web Beacons
A “Web Beacon” is an object that is
embedded in a web page or email that is usually invisible to the user and
allows website operators to check whether a user has viewed a particular web
page or an email. Company may use Web Beacons on the Website and in emails to
count users who have visited particular pages, viewed emails and to deliver
co-branded services. Web Beacons are not used to access users’
Personally-Identifying Information. They are a Technique Company may use to
compile aggregated statistics about Website usage. Web Beacons collect only a
limited set of information, including a Web Cookie number, time and date of a
page or email view and a description of the page or email on which the Web
Beacon resides. You may not decline Web Beacons. However, they can be rendered
ineffective by declining all Web Cookies or modifying your browser setting to
notify you each time a Web Cookie is tendered, permitting you to accept or
decline Web Cookies on an individual basis.
Analytics
We may use third-party vendors,
including Google, who use first-party cookies (such as the Google Analytics
cookie) and third-party cookies (such as the DoubleClick cookie) together to
inform, optimize and serve ads based on your past activity on the Website,
including Google Analytics for Display Advertising. The information collected
may be used to, among other things, analyze and track data, determine the popularity
of certain content and better understand online activity. If you do not want
any information to be collected and used by Google Analytics, you can install
an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/)
and/or opt out from Google Analytics for Display Advertising or the Google
Display Network by using Google’s Ads Settings (www.google.com/settings/ads).
Aggregated and
Non-Personally-Identifying Information
We may share aggregated and
Non-Personally Identifying Information we collect under any of the above
circumstances. We may also share it with third parties and our affiliate
companies to develop and deliver targeted advertising on the Website and on
websites of third parties. We may combine Non-Personally Identifying Information
we collect with additional Non-Personally Identifying Information collected
from other sources. We also may share aggregated information with third
parties, including advisors, advertisers and investors, for the purpose of
conducting general business analysis. For example, we may tell our advertisers
the number of visitors to the Website and the most popular features or services
accessed. This information does not contain any Personally-Identifying
Information and may be used to develop website content and services that we
hope you and other users will find of interest and to target content and
advertising.
Mobile Device Additional Terms
• Mobile Device. If you use a mobile
device to access the Website or download any of our applications, we may
collect device information (such as your mobile device ID, model and
manufacturer), operating system, version information and IP address.
• Geo-Location Information. Unless we
have received your prior consent, we do not access or track any location-based
information from your mobile device at any time while downloading or using our
mobile application or our services, except that it may be possible for Company
to determine from an IP address the geographic location of your point of
connectivity, in which case we may gather and use such general location data.
• Push Notifications. We send you
push notifications if you choose to receive them, letting you know when someone
has sent you a message or for other service-related matters. If you wish to
opt-out from receiving these types of communications, you may turn them off in
your device’s settings.
• Mobile Analytics. We use mobile
analytics software to allow us to better understand the functionality of our
mobile software on your phone. This software may record information, such as
how often you use the application, the events that occur within the
application, aggregated usage, performance data and where the application was
downloaded from. We do not link the information we store within the analytics
software to any Personally-Identifying Information you submit within the mobile
application.
SOCIAL MEDIA
We may provide you the option to
connect your account on the Website to your account on some social networking
sites for the purpose of logging in, uploading information or enabling certain
features on the Website. When logging in using your social network credentials,
we may collect the Personally-Identifying Information you have made publicly
available on the social networking site, such as your name, profile picture,
cover photo, username, gender, friends network, age range, locale, friend list
and any other information you have made public. Once connected, other users may
also be able to see information about your social network, such as the size of
your network and your friends, including common friends. By connecting your
account on the Website to your account on any social networking site, you
hereby consent to the continuous release of information about you to us. We
will not send any of your account information to the connected social
networking site without first disclosing that to you. Each social network may
further allow you to set privacy controls around your information on their
system, and our collection of information will always follow such controls and
permissions. This feature is subject to continuous change and improvement by us
and each social networking site involved, and therefore the available features
and shared information are subject to change without notice to you.
We may use hyperlinks on the Website
which will redirect you to a social network if you click on the respective
link. However, when you click on a social plug-in, such as Facebook’s “Like”
button, Twitter’s “tweet” button or the Google+, that particular social
network’s plugin will be activated and your browser will directly connect to
that provider’s servers. If you do not use these buttons none, of your data
will be sent to the respective social network’s plugin provider. So for
example, when you click on the Facebook’s “Like” button on the Website,
Facebook will receive your IP address, the browser version and screen
resolution, and the operating system of the device you have used to access the
Website. Settings regarding privacy protection can be found on the websites of
these social networks and are not within our control.
COLLECTION, USE AND DISCLOSURE OF
PERSONALLY-IDENTIFYING INFORMATION
Website Registration
As defined above,
Personally-Identifying Information is information that can be directly
associated with a specific person. Company may collect a range of
Personally-Identifying Information from and about Website users. Much of the
Personally-Identifying Information collected by Company about users is
information provided by users themselves when (1) registering for our service,
(2) logging in with social network credentials, (3) participating in polls,
contests, surveys or other features of our service, or responding to offers or
advertisements, (4) communicating with us, (5) creating a public profile or (6)
signing up to receive newsletters. That information may include each user’s
name, address, email address and telephone number, and, if you transact
business with us, financial information such as your payment method (valid
credit card number, type, expiration date or other financial information). We
also may request information about your interests and activities, your gender,
age, date of birth, username, hometown and other demographic or relevant
information as determined by Company from time to time. Users of the Website are
under no obligation to provide Company with Personally-Identifying Information
of any kind, with the caveat that a user’s refusal to do so may prevent the
user from using certain Website features.
BY REGISTERING WITH OR USING THE
WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING
INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF
PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Online Postings
Certain Personally-Identifying
Information collected from users may be disclosed as a matter of course as a
result of your use of the Website. We may provide areas on the Website where
you can post reviews and other information relating to your activities on the
Website. Such postings are governed by our Terms of Use. In addition, such
postings may appear on other websites or when searches are executed on the
subject of your posting. Also, whenever you voluntarily disclose personal
information on publicly-viewable web pages, that information will be publicly
available and can be collected and used by others. For example, if you post
your email address, you may receive unsolicited messages. We cannot control who
reads your posting or what other users may do with the information you
voluntarily post, so we encourage you to exercise discretion and caution with
respect to your personal information. USERS ASSUME ALL RESPONSIBILITY
FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY
DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
Company Communications
We may occasionally use your name and
email address to send you notifications regarding new services offered by the
Website that we think you may find valuable. We may also send you
service-related announcements from time to time through the general operation
of the service. Generally, you may opt out of such emails at the time of
registration or through your account settings, though we reserve the right to
send you notices about your account, such as service announcements and
administrative messages, even if you opt out of all voluntary email
notifications.
Company Disclosures
Company will disclose
Personally-Identifying Information under the following circumstances:
• By Law or to Protect Rights. When
we believe disclosure is appropriate, we may disclose Personally-Identifying
Information in connection with efforts to investigate, prevent or take other
action regarding illegal activity, suspected fraud or other wrongdoing; to
protect and defend the rights, property or safety of Company, our users, our
employees or others; to comply with applicable law or cooperate with law
enforcement; to enforce our Terms of Use or other agreements or policies, in
response to a subpoena or similar investigative demand, a court order or a
request for cooperation from a law enforcement or other government agency; to
establish or exercise our legal rights; to defend against legal claims; or as
otherwise required by law. In such cases, we may raise or waive any legal
objection or right available to us.
• Marketing Communications. Unless
users opt-out from receiving Company marketing materials upon registration,
Company may email users about products and services that Company believes may
be of interest to them. If you wish to opt-out of receiving marketing materials
from Company, you may do so by following the unsubscribe link in the email
communications, by going to your account settings (if applicable) or contacting
us using the contact information below.
• Third-Party Marketing Communications.
Unless users opt-out from receiving marketing materials upon registration,
Company may provide users’ email information to third parties, so that those
third parties may directly contact them about additional products and services.
To cease having your email information provided to third parties, you may do so
by going to your account settings (if applicable) or contacting us using the
contact information below. Even after opting-out, you may continue to receive
marketing emails from third parties to whom Company already has provided your
email information. You will be responsible for directly contacting such third
parties to request cessation of further marketing emails.
• Third-Party Service Providers. We
may share your Personally-Identifying Information, which may include your name
and contact information (including email address) with our authorized service
providers that perform certain services on our behalf. These services may
include fulfilling orders, providing customer service and marketing assistance,
performing business and sales analysis, supporting the Website’s functionality
and supporting contests, sweepstakes, surveys and other features offered
through the Website. We may also share your name, contact information and
credit card information with our authorized service providers who process
credit card payments. These service providers may have access to personal
information needed to perform their functions but are not permitted to share or
use such information for any other purpose.
• Business Transfers; Bankruptcy.
Company reserves the right to transfer all Personally-Identifying Information
in its possession to a successor organization in the event of a merger,
acquisition, bankruptcy or other sale of all or a portion of Company’s assets.
Other than to the extent ordered by a bankruptcy or other court, the use and
disclosure of all transferred Personally-Identifying Information will be
subject to this Privacy Policy, or to a new privacy policy if you are given
notice of that new privacy policy and are given an opportunity to affirmatively
opt-out of it. Personally-Identifying Information submitted or collected after
a transfer, however, may be subject to a new privacy policy adopted by the
successor organization.
Changing Personally-Identifying
Information; Account Termination
You may at any time review or change
your Personally-Identifying Information by going to your account settings (if
applicable) or contacting us using the contact information below. Upon
your request, we will deactivate or delete your account and contact information
from our active databases. Such information will be deactivated or deleted as
soon as practicable based on your account activity and accordance with our
deactivation policy and applicable law. To make this request, either go to your
account settings (if applicable) or contact us as provided below. We will
retain in our files some Personally-Identifying Information to prevent fraud,
to troubleshoot problems, to assist with any investigations, to enforce our
Terms of Use and to comply with legal requirements as is permitted by law.
Therefore, you should not expect that all your Personally-Identifying
Information will be completely removed from our databases in response to your
requests. Additionally, we keep a history of changed information to investigate
suspected fraud with your account.
General Use
Company uses the
Personally-Identifying Information in the file we maintain about you, and other
information we obtain from your current and past activities on the Website (1)
to deliver the products and services that you have requested; (2) to manage
your account and provide you with customer support; (3) to communicate with you
by email, postal mail, telephone and/or mobile devices about products or services
that may be of interest to you either from us, our affiliate companies or other
third parties; (4) to develop and display content and advertising tailored to
your interests on the Website and other sites; (5) to resolve disputes and
troubleshoot problems; (6) to measure consumer interest in our services; (7) to
inform you of updates; (8) to customize your experience; (9) to detect and
protect us against error, fraud and other criminal activity; (10) to enforce
our Terms of Use; and (11) to do as otherwise described to you at the time of
collection. At times, we may look across multiple users to identify problems.
In particular, we may examine your Personally-Identifying Information to
identify users using multiple user IDs or aliases. We may compare and review
your Personally-Identifying Information for accuracy and to detect errors and
omissions. We may use financial information or payment method to process
payment for any purchases made on the Website, enroll you in the discount,
rebate, and other programs in which you elect to participate, to protect
against or identify possible fraudulent transactions and otherwise as needed to
manage our business.
COLLECTION AND USE OF INFORMATION BY
THIRD PARTIES GENERALLY
Company contractually prohibits its
contractors, affiliates, vendors and suppliers from disclosing
Personally-Identifying Information received from Company, other than in
accordance with this Privacy Policy. However, third parties are under no
obligation to comply with this Privacy Policy with respect to
Personally-Identifying Information that users provide directly to those third
parties, or that those third parties collect for themselves. These third
parties include advertisers, providers of games, utilities, widgets and a
variety of other third-party applications accessible through the Website.
Company neither owns nor controls the third-party websites and applications
accessible through the Website. Thus, this Privacy Policy does not apply to
information provided to or gathered by the third parties that operate them.
Before visiting a third party, or using a third-party application, whether by
means of a link on the Website, directly through the Website or otherwise, and
before providing any Personally-Identifying Information to any such third party,
users should inform themselves of the privacy policies and practices (if any)
of the third party responsible for that website or application, and should take
those steps necessary to, in those users’ discretion, protect their privacy.
SECURITY
We take the security of your
Personally-Identifying Information seriously and use reasonable electronic,
personnel and physical measures to protect it from loss, theft, alteration or
misuse. However, please be advised that even the best security measures
cannot fully eliminate all risks. We cannot guarantee that only authorized
persons will view your information. We are not responsible for third-party
circumvention of any privacy settings or security measures.
We are dedicated to protect all
information on the Website as is necessary. However, you are responsible for
maintaining the confidentiality of your Personally-Identifying Information by
keeping your password confidential. You should change your password immediately
if you believe someone has gained unauthorized access to it or your account. If
you lose control of your account, you should notify us immediately.
PRIVACY POLICY CHANGES
Company may, in its sole discretion,
change this Privacy Policy from time to time. Any and all changes to Company’s
Privacy Policy will be reflected on this page and the date new versions are
posted will be stated at the top of this Privacy Policy. Unless stated
otherwise, our current Privacy Policy applies to all information that we have
about you and your account. Users should regularly check this page for any
changes to this Privacy Policy. Company will always post new versions of the
Privacy Policy on the Website. However, Company may, as determined in its
discretion, decide to notify users of changes made to this Privacy Policy via
email or otherwise. Accordingly, it is important that users always maintain and
update their contact information.
CHILDREN
The Children's Online Privacy
Protection Act ("COPPA") protects the online privacy of children
under 13 years of age. We do not knowingly collect or maintain
Personally-Identifying Information from anyone under the age of 13, unless or
except as permitted by law. Any person who provides Personally-Identifying
Information through the Website represents to us that he or she is 13 years of
age or older. If we learn that Personally-Identifying Information has been
collected from a user under 13 years of age on or through the Website, then we
will take the appropriate steps to cause this information to be deleted. If you
are the parent or legal guardian of a child under 13 who has become a member of
the Website or has otherwise transferred Personally-Identifying Information to
the Website, please contact Company using our contact information below to have
that child's account terminated and information deleted.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section
1798.83, also known as the "Shine The Light" law, permits our users
who are California residents to request and obtain from us, once a year and
free of charge, information about the Personally-Identifying Information (if
any) we disclosed to third parties for direct marketing purposes in the
preceding calendar year. If applicable, this information would include a list
of the categories of the Personally-Identifying Information that was shared and
the names and addresses of all third parties with which we shared
Personally-Identifying Information in the immediately preceding calendar year.
If you are a California resident and would like to make such a request, please
submit your request in writing to our privacy officer as listed below.
DO-NOT-TRACK POLICY
Most web browsers and some mobile
operating systems include a Do-Not-Track (“DNT”) feature or setting you can
activate to signal your privacy preference not to have data about your online
browsing activities monitored and collected. Because there is not yet a common
understanding of how to interpret the DNT signal, the Website currently does
not respond to DNT browser signals or mechanisms.
CONTACT
If you have any questions regarding
our Privacy Policy, please contact our Privacy Officer at:
___________________
Attn: Privacy Officer
___________________
___________________,
___________________ ___________________
Email: ___________________
Phone: ___________________
Fax: ___________________