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Privacy Policy of 3G Candy
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK
BACK FREQUENTLY FOR UPDATES.
The information collection, use, and dissemination practices of 3G Candy
(the "Company") are discussed in this policy. This policy applies
to Company's information collection (a) on Company's websites, (b) on
various third party websites, and (c) to Company's other information collection,
including the purchase of customer lists from third parties. 1.
COLLECTION OF INFORMATION.
1.1 Survey Information. The Company collects information from certain
individuals when an individual voluntarily completes a Company survey,
order form, or a registration page either online or offline, or by means
of online or offline surveys, order forms, or registration pages operated
by third parties (collectively, a "Survey"). (As used herein,
"online" means using the Internet, including the Websites, and
related technologies, and "offline" means by methods other than
online, including in person, in the postal mail, using telephones and
cell phones, and other similar means.) In the Surveys, the Company or
a third party (a "Third Party") may ask an individual to provide
various information to the Company, which may include his or her name,
email address, street address, zip code, telephone numbers (including
cell phone numbers and carriers), birth date, gender, salary range, education
and marital status, occupation, employment information, personal and online
interests, and such other information as may be requested from time to
time (together, "Survey Information"). Completing the Surveys
is completely voluntary, and individuals are under no obligation to provide
Survey Information to the Company or Third Party, but an individual may
receive incentives from the Company or a Third Party in exchange for providing
Survey Information to the Company.
1.2 Third Party List Information. The Company collects information from
individuals when an individual provides information to a third party,
and the Company subsequently purchases, licenses, or otherwise acquires
the information from the third party (the "Seller"), or when
the individual is on a Seller's site and elects to be linked to the Company's
site and consents to the provision of the individual's information to
us from the Seller's site. Such information may include, but is not limited
to, an individual's name, email address, street address, zip code, telephone
numbers (including cell phone numbers and carriers), birth date, gender,
salary range, education and marital status, occupation, industry of employment,
personal and online interests, and such other information as the individual
may have provided to the Seller (together, "Third Party List Information").
When acquiring Third Party List Information, the Company seeks assurances
from the Seller that the Seller has a right to transfer the Third Party
List Information to the Company and that the Seller has a right to provide
offers from advertisers to the individuals whose personal information
is included on the Seller's list.
List Managers Right to use Files
- List Owner hereby grants and List Manager
hereby accepts a non-exclusive, non-transferable, revocable worldwide
license to manage, make use and have access to the Data pursuant to
the terms and conditions set forth in this Agreement.
- Lists Manager reserves the complete and absolute
right, in its sole discretion, to determine all matters relating to
the Delivery, including but not limited to; the date on which delivery
is made; the number of files to which delivery is made; Files that will
receive Delivery.
- List Manager Represents and Warrants that
- the execution, delivery and performance
by List Manager of this Agreement will not violate ay applicable
law, statute or governmental regulation.
- Except as may be required by law or necessary
to prove compliance with laws, List Manager will not sell, rent,
lease, license, exchange and/or otherwise transfer the Data or any
email address contained in any suppression list(s).
- List Manager will provide Consumers with
a clear and concise method of choosing not to receive future commercial
email messages ("Unsubscribe") from List Manager on every
email message sent to the Files.
- List Manager may permit a third party
mailing service providers to possess the Files, provided that List
Manager requires each entity to which List Manager permits access
to the Files to maintain the security and confidentiality of the
Files, and to return or destroy the Files after use.
- List Manager shall not be liable or responsible
for any issue arising from the Data or the manner in which it was collected.
1.3 Other Information. Other
occasions when the Company obtains information from individuals include
(1) when an individual is making a claim for a prize or seeking to redeem
an incentive offered by the Company or by a third party, (2) when an individual
requests assistance through Company's customer service department, (3)
when an individual voluntarily subscribes to a Company service or newsletter,
and (4) when an individual is otherwise linked to our site from a third
party site (together, "Other Information").
1.4 Cookies, Webbugs, and Other Information Collected Using Technology.
The Company currently uses cookie and webbug technology to associate certain
Internet-related information about an individual with information about
the individual in our database. Additionally, the Company may use other
new and evolving sources of information in the future (together, "Technology
Information").
A. Cookies. A cookie is a small amount of data stored on the hard drive
of the individual's computer that allows Company to identify the individual
with his or her corresponding data that resides in Company's database.
You may read more about cookies at www.cookiecentral.com. Individuals
who use the Websites need to accept cookies in order to use all of the
features and functionality of the Websites.
B. Webbugs. A webbug is programming code that can be used to display
an image on a web page (by using an img src="x" programming
function), but can also be used to transfer an individual's unique user
identification (often in the form of a cookie) to a database and associate
the individual with previously acquired information about an individual
in a database. This allows Company to track certain web sites an individual
visits online. Webbugs are used to determine products or services an individual
may be interested in, and to track online behavioral habits for marketing
purposes. For example, Company might place, with the consent of a third
party website, a webbug on the third party's website where fishing products
are sold. When Joe, an individual listed in Company's database, visits
the fishing website, Company receives notice by means of the webbug that
Joe visited the fishing site, and Company would then update Joe's profile
with the information that Joe is interested in fishing. Company may thereafter
present offers of fishing related products and services to Joe. In addition
to using webbugs on web pages, Company also uses webbugs in email messages
sent to individuals listed in Company's database. If you wish more information
about webbugs, you may wish to visit www.privacyfoundation.org/resources/webbug.asp#1.
(c) New Technology. The use of technology on the Internet, including cookies
and webbugs, is rapidly evolving, as is Company's use of new and evolving
technology. As a result, Company strongly encourages individuals to revisit
this policy for any updates regarding its use of technology.
1.5 Outside Information. The Company may receive information about individuals
from third parties or from other sources of information outside of the
Company including information located in public databases ("Outside
Information").
1.6 Individual Information. As used herein, Individual Information means
Survey Information, Third Party List Information, Other Information, Technology
Information, and Outside Information, and any other information the Company
gathers or receives about individuals.
1.7 No Information Collected from Children. The Company will never knowingly
collect any personal information about children under the age of 13. If
the Company obtains actual knowledge that it has collected personal information
about a child under the age of 13, that information will be immediately
deleted from our database. Because it does not collect such information,
the Company has no such information to use or to disclose to third parties.
The Company has designed this policy in order to comply with the Children's
Online Privacy Protection Act ("COPPA").
1.8 Credit Card Information. The Company may in certain cases collect
credit card numbers and related information, such as the expiration date
of the card ("Credit Card Information") when an individual places
an order from Company. The Company will use the Credit Card Information
for purposes processing and completing the purchase transaction, and the
Credit Card Information will be disclosed to third parties only as necessary
to complete the purchase transaction.
2. USE OF INDIVIDUAL INFORMATION.
2.1 Discretion to Use Information. THE COMPANY MAY USE INDIVIDUAL INFORMATION
FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY'S SOLE DISCRETION. The
following paragraphs in Section 2 describe how the Company currently uses
Individual Information, but the Company may change or broaden its use
at any time. As noted below, the Company may update this policy from time
to time. The Company may use Individual Information to provide promotional
offers to individuals by means of email advertising, telephone marketing,
direct mail marketing, online banner advertising, promotional contests,
promotional games and package stuffers, among other possible uses.
2.2 Email. The Company uses Individual Information to provide promotional
offers by email to individuals. The Company may maintain separate email
lists for different purposes. If email recipients wish to end their email
subscription from a particular list, they need to follow the instructions
at the end of each email message to unsubscribe from the particular list.
To unsubscribe from all Company email lists, a person must visit and follow
the instructions provided at insert unsubscribe link.tions
under this Agreement, including the representations and warranties contained
herein, (ii) any claim that the List Manager Technology infringes upon
any rights of a third party, and (iii) any allegation that List Manager
or its Customer or other agents violated any foreign or domestic, federal,
state, or local law or regulation, or any rights of any third party, including
but not limited to the CAN-Spam Act of 2003, and acts amendatory thereto.
A. Content of Email Messages. In certain commercial
email messages sent by Company, an advertiser's name will appear in the
"From:" line but hitting the "Reply" button will cause
a reply email to be sent to Company. The "Subject:" line of Company
email messages will usually contain a line provided from the advertiser
to Company. The Subject line will not usually contain phrases such as "ADV:"
or "ADVERTISEMENT". Company's commercial email messages will contain
information how an individual may unsubscribe from that particular list.
B. Solicited Email. Company only sends email to individuals who have agreed
on the Websites to receive email from Company or to individuals who have
agreed on third party websites to receive email from third parties such
as Company or providing e-mails through third parties such as the Company.
2.3 Targeted Advertising. The Company uses Individual Information to
target advertising to an individual. When an individual is using the Internet,
the Company uses Technology Information (see also Section 2.5 below) to
associate an individual with that person's Individual Information, and
the Company attempts to show advertising for products and services in
which the person has expressed an interest in the Surveys, indicated an
interest by means of Technology Information, and otherwise. The Company
may, at its discretion, send advertising which is not targeted by using
email, direct mail, telephones, cell phones, and other means of communication
to provide promotional offers to all or a subset of the names on a list
provided to or otherwise acquired by the Company, which list may include
your name.
2.4 Direct Mail and Telemarketing. The Company uses Individual Information
to advertise, directly or indirectly, to individuals using direct mail
marketing or telemarketing using telephones and cell phones.
2.5 Use of Technology Information. The Company uses Technology Information
(1) to match a person's Survey Information and Third Party List Information
to other categories of Individual Information to make and improve profiles
of individuals, (2) to track a person's online browsing habits on the
Internet, (3) to determine which areas of Company's web sites are most
frequently visited. This information helps the Company to better understand
the online habits of individuals so that the Company can target advertising
and promotions to them.
2.6 Profiles of Individuals. The Company uses Individual Information to
make a profile of an individual. A profile can be created by combining
Survey Information and Third Party List Information with other sources
of Individual Information such as information obtained from public databases.
2.7 Storage of Individual Information. The Company stores the Individual
Information in a database on Company computers. The Company cannot guarantee
that its security measures will prevent the Company computers from being
illegally accessed, and the Individual Information on them stolen or altered.
2.8 The Company does not endorse, nor is the Company responsible for the
accuracy of the privacy policies, terms and conditions of any of the advertisers
marketed by the Company or the products and/or services promoted/offered
by such advertisers in their advertisements. The entities that advertise
with the Company are independent third parties and are not affiliated
with the Company.
3. DISSEMINATION OF INDIVIDUAL INFORMATION.
3.1 Sale or Transfer to Third Parties. THE COMPANY MAY SELL OR TRANSFER
INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE IN COMPANY'S SOLE
DISCRETION, INCLUDING BUT NOT LIMTIED TO PERSONS ACQUIRING THE STOCK OR
ASSETS OF THE COMPANY.
3.2 Order Fulfillment. The Company will transfer Individual Information
to third parties when necessary to provide a product or service that a
person orders from such third party while using Company web sites or when
responding to offers provided by Company.
3.3 Legal Process. The Company may disclose Individual Information to
respond to subpoenas, court orders, and other legal process, or for other
means in the Company's sole discretion, including but not limited to when
the Company believes that the individual has violated or might be deemed
to have violated contractual or legal obligations.
3.4 Summary Data. The Company may sell or transfer non-individualized
information, such as summary or aggregated anonymous information about
all persons or sub-groups of persons.
4. PRIVACY PRACTICES OF THIRD PARTIES.
4.1 Advertiser cookies and webbugs. Advertising agencies, advertising
networks, and other companies (together, "Advertisers") who
place advertisements on the Websites and on the Internet generally may
use their own cookies, webbugs, and other technology to collect information
about individuals. The Company does not control Advertisers' use of such
technology and the Company has no responsibility for the use of such technology
to gather information about individuals.
4.2 Links. The Websites and email messages sometimes contain hypertext
links to the web sites of third parties. The Company is not responsible
for the privacy practices or the content of such other web sites.
4.3 Affiliated Companies. The Company may disclose, transfer, and sell
Individual Information to entities affiliated with Company in Company's
discretion.
6. UNSUBSCRIBE PROCEDURE.
If you wish to discontinue receiving email messages from Company, you
have several options: (a) Unsubscribe from one email list. To unsubscribe
from a particular list, either (1) visit our website place unsubscribe
link here or (2) follow the instructions in each promotional email message
sent by the Company. (b) Unsubscribe from all the Company email lists.
We reserve the right to add Individual Information to multiple lists maintained
by Company, which may include information from new lists subsequently
obtained which could result in a relisting of an individual who had previously
unsubscribed from a Company list.
7. YOUR ACCEPTANCE OF THESE TERMS
7.1 By agreeing to receive information from the Company, you agree to
the Company's Privacy Policy. We reserve the right, at our discretion,
to change, modify, add or remove portions of this Privacy Policy at any
time. All Privacy Policy changes will take effect immediately upon notification
to the customer. Please check your email periodically for changes. Your
continued membership in the Company and acceptance of our emails following
the posting of changes to these terms will mean that you accept these
changes at any time.
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