VisitorDay.com Privacy and Information Security Policy
Effective
Date: January 1st, 2010
Your
privacy is important to VisitorDay.com ("VisitorDay", "we" or "us"). This
Privacy and Information Security Policy ("the Policy") discusses the personally
identifying information ("PII") that we collect about you when you use our
website http://www. VisitorDay.com (the "Site") and the other services we
provide on or through the Site (together with the Site, the "Service"). This
Policy is part of and incorporated into the VisitorDay Terms of Use
(collectively, the "Terms").
Policy
highlights:
- We will not
collect PII about you through the Service unless you disclose such information
to us;
- We will not
knowingly disclose PII about you that we collect through the Service to third
parties, except under the limited circumstances described in this Policy; and
- We will
take reasonable steps to protect the security of the PII we collect from you
through the Service.
These
Policy highlights are qualified by full reference to the terms and conditions
described below.
BY
PROVIDING PII 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.
- The Types
of Information VisitorDay 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
actual first and last name, user name and email address, and that you create and
provide us with a password. We may also request other information, such as but
not limited to, your gender, address and zip code. You may access and update
certain of your personal information or account settings by going to the
"Profile" tab on the Site.
- Information
in Public Areas of the Site. Please keep in mind that whenever you voluntarily
provide information in public areas of the Service, such as the user profile
pages or forums, that information can be viewed and possibly used by others. We
therefore advice visitors not to disclose 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 PII you
choose to submit in these public areas. 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 the Site's home page.
- Minors. We
do not knowingly collect or solicit personal information from anyone under the
age of 13 or knowingly allow such persons to register. If you are under 13, do
not attempt to register for our Site or send any information about yourself to
us. We recommend that prospective users between the ages of 13 and 17 ask their
parents or other legal guardians for permission before sending any information
about themselves to anyone over the Internet.
- 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 PII 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 ours;
- the date
and time you access the Site 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).
- Collection
of Information by Third Parties. Our Site 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 PII 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 on our Site
directly to your browser. They automatically receive your 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.
- 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.
-
VISITORDAY'S USE AND RETENTION OF YOUR INFORMATION.
- Use of PII.
We use your PII for purposes such as responding to your requests, monitoring and
providing the Service, maintaining your VisitorDay account, providing you with
advertising and non-advertising 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 PII to contact you
regarding your account, such as to inform you that you have received an email
from another VisitorDay member, or to forward user comments to you about the
content that you have posted. We may also email VisitorDay newsletters, and
similar communications about the Service.
- Opting-Out.
Subject to the exceptions noted below, at any time, you may modify the types of
communications you wish to receive by changing your preferences as part of your
profile on the Site. In addition, in our marketing or promotional e-mails to
you, we will 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. We reserve the right to 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 we may not offer you the
opportunity to opt-out of receiving such communications so long as you are
registered with the Site.
- Use of
Other Information. We use non-PII about our users for purposes such as measuring
the number of visitors to sections of our Site, making the Service more useful
to visitors and delivering targeted advertising and non-advertising content. We
use IP addresses to analyze trends, administer the Site, track a user's
movement, and gather broad demographic information for aggregate, 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.
-
VISITORDAY'S SHARING OF INFORMATION. VisitorDay shares information with third
parties, but only as described in this Section 4.
- 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-PII 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, providing customer service, sending VisitorDay emails to
you, removing repetitive information from customer lists, and analyzing data.
These third parties may have access to your PII for use solely in connection
with these authorized business activities.
- 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 PII 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 PII, non-PII and other information with our corporate affiliates.
Some of our most significant affiliates are identified on the website of our
parent company, VisitorDay, LLC. http://www.VisitorDay.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 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 VisitorDay, our users, or others, including
exchanging information with other companies for fraud protection and credit risk
reduction.
- INFORMATION
SECURITY
- 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, maintain data security, and
correctly use your information. However, neither people nor security systems are
foolproof, including encryption systems. In addition, people can commit
intentional crimes, make mistakes or fail to follow policies. Therefore, while
we use reasonable efforts to protect your PII, we cannot guarantee its absolute
security. If applicable law imposes any non-disclaimable duty to protect your
PII, you agree that intentional misconduct will be the standards used to measure
our compliance with that duty.
- LINKS. 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
Site 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 VisitorDay, please send us a
thorough description to [email protected], 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.
- Notice
Required by Law. In those jurisdictions that permit email notice, if we are
required to disclose or provide notice of invasion of certain security systems,
we will do so by email to the most current email address provided by you to us.
It is critical that you keep your email contact information correct and updated
with VisitorDay at all times.
- 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. 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 by email or through notice on
the home page of the Site, and will also indicate so 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.
- CONTACT
INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR POLICY. For customer
service matters (including questions relating to this Policy), you may email us
at [email protected]. To send us a legal notice, mail it by certified mail
(return receipt requested) to: Legal Department, 26111 Brush Ave. Suite 210, Cleveland,
OH 44132. 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 to your
VisitorDay email account, or we may post notice on the Site. You must keep your
email address information accurate. If we make a material change to this Policy,
we will notify you by posting notice to the Site for at least 30 days or sending
you an email to your VisitorDay email account or to the non- VisitorDay email
address that we have on record for you.
VisitorDay
is a trademark or registered trademark of VisitorDay, LLC. in the United States
and/or other countries. All other trademarks may be trademarks of their
respective owners.
Copyright ©
2010. VisitorDay, LLC.