Effective Date: August 1st, 2014
Last Modified: August 1st, 2014
Company is the operator of this Site. Hereinafter, when first-person pronouns are used in this Policy (Us, We, Our, Ours, etc.), these provisions are referring to Company operating as the Site on which this Policy appears, or as any other websites that We may choose to operate in the future. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any website operated by Us, unless the website is stated as specifically exempt from this Policy.
You, the User – As the User of this Site, this Policy will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
Revisions to this Policy – We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the “refresh” button on Your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the “last modified” date remains unchanged after You have clicked the “refresh” button on Your browser, You may presume that no changes have been made since the last reading of the Policy. A changed “last modified” date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Personal Information that We Collect – Visitors to Our Site and Users of Our services will have multiple manners of interactivity with Us. Depending upon Your level of interaction, We will collect different information about You. The type of information collected is as follows:
Advertisers - Advertisers are those Users who subscribe to Our services. Should You request to become an Advertiser permitted to utilize Our services, You will be required to complete and submit an online registration application, as located here: https://main.trafficfactory.biz/users/sign_up (“Advertiser Application”). The mandatory Advertiser Application requires that You provide Your legal name, physical address, telephone number, company name (if applicable), a valid email address, registered domain name of the website(s) to be promoted via Our services, value-added tax (VAT) identification (where applicable), a valid payment processor merchant identification and/or account number, and any other information that We deem necessary to complete the Advertiser Application.
Browsers - Browsers are visitors to the Site who never enter into any active data collection pages. Any information collected from Browsers is also collected from Advertisers, and typically done via passive information gathering devices (as further explained below in Section IV).
How We Collect Information from You
Active Collection – We collect information from You when You complete the Advertiser Application and when You utilize various features of the Site and/or services. Locations for such data collection are at the initial registration and Advertiser account portal. We reserve the right to add additional information collection portals at any time. Please note that any information collected from You for billing purposes is at the request, and therefore the responsibility, of Our third party billing agent, as we have no access to such collected billing information.
How We Use Your Information
The primary use for Your information is to provide You with the online marketing program traffic services that You have requested. We also use Your information to deliver customized services to You, such as automatic log-in capabilities and storage of preferences.
Non-personal and cumulative Advertiser information, such as geographic location and browser/operating system data, may be disclosed to third parties for various reasons, including without limitation technical support, operational development and promotional marketing efforts. We are not responsible for any misuse of Advertiser information by such third parties.
Special Cases – It is Our policy not to use or share the personal information about Browsers or Advertisers in ways unrelated to those described in this Policy without also providing You with an opportunity to opt out or to otherwise prohibit such unrelated uses. However, We may disclose personal information about Browsers or Advertisers, or information regarding Your use of the services or websites accessible through Our services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including but not limited to:
Satisfy any laws, such as the Electronic Communications Privacy Act, regulations, governmental or legal requests for such information;
Disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating Our Terms of Service, Traffic Agreement, or other user policies;
Operate Our services properly;
Protect Ourselves, Our Advertisers, and the general public. We specifically reserve the right to disclose any and all information to law enforcement if a crime is committed, or suspected of being committed, or if We are legally compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs; or reasonable request of authorities or persons with the reasonable power to obtain such process. Administrative or regulatory government agencies, private-party litigants, and investigative reporters or journalists will only be cooperated with regarding Your personal information if We are legally advised to do so;
If We have reason to believe that You are not the lawful and/or documented owner or authorized user of a utilized payment method, We will provide information about You to the rightful owner/operator of such payment method. We will absolutely provide Your information to the payment method owner if We believe that fraud is a possibility. However, We do not require that there be fraud, as it is Our policy that the lawful owner always has an absolute right to access any and all of Your personal information; and
Anyone who violates any of Our designated anti-spam policies may have their personal information made public, at Our discretion. If there is any investigation on unlawful spamming, or any use of bulk e-mail in any manner that leads back to Our Site, or any one of Our Sites, We will cooperate with any and all parties completely and freely in order to see that Your bulk email activities stop.
Transmittals from Us
We may send You email notifications for various administrative and promotional reasons. Such announcements include without limitation: account balance and activity alerts, Site promotions, and messages regarding Our existing and new programs. You may opt out of these announcements by accessing the opt-out link at the bottom of these emails. If You opt-out of these notices, You may still receive general administrative notifications that are specifically related to Your account.
If You provide Your information to Us, use the Site, or subscribe to any of Our services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
Communication via the Site or Services – We currently offer Advertisers the ability to communicate with Site-authorized account representatives via the Site’s internal messaging system. Any and all information shared via the Site or its services, including any communication with an account representative, should be considered public information and accessible by anyone, unless otherwise stated. We do not, cannot, and will not act to maintain the privacy of the information conveyed or transmitted in any such manner or medium of communication.
Our Commitment to Data Security – We take various precautionary measures to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of Our network and systems by storing Advertiser data in a private, encrypted database that is retained in-house with restricted internal administrative access. Nevertheless, We cannot guarantee that Our security measures will prevent third-party ‘hackers’ from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals We are unable to guarantee that Our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite Our reasonable security measures.
How to Access or Modify Your Information – We offer Our Advertisers the opportunity to access or modify information provided during registration. To access or modify such information, please access Your Advertiser account portal, or contact Your designated account representative or Our Customer Service Department at: firstname.lastname@example.org.
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This document prepared by Walters Law Group, www.FirstAmendment.com (© 2014).
All rights reserved.