Privacy Policy
Last updated on: February 25, 2013
This Privacy Policy applies to personal and other information that may be collected when you interact with Apps Provider ("AP," "us," “our,” or "we") which consists of (a) our businesses and operations; (b) businesses and operations managed or operated by us; (c) websites owned, operated and managed by us; and (d) our devices, content, and applications. Protecting the privacy and security of your personal information is a priority for us, and we believe that a single, comprehensive privacy policy that is straightforward and clear is in the best interests of our customers and our businesses. More detailed information about specific practices and the operation of our Mobile Apps (as defined below) is contained in the Mobile Privacy Supplement which is incorporated into, and subject to, this Privacy Policy.
By doing business with or interacting with us in the manner described in this Privacy Policy at any time, you are accepting the practices described in this Privacy Policy and you consent to the application of this Privacy Policy to the collection, storage, use and disclosure of all your personal and other information as described.
We reserve the right to modify or amend this Privacy Policy at any time, but you can be assured that, should it be necessary to do so, we will always do so in accordance with our Privacy Principles of Clarity and Security. You will be notified of any material changes to this Privacy Policy which are less protective of customer information. We may notify you of these changes by email reminders, by website notices, or by other acceptable means. We encourage you to periodically review this page for the latest information on our privacy practices.
Clarity: We strive to communicate clearly about your privacy and how we handle your personal information.
Security: We follow security standards, processes and procedures that are designed to protect your personal information using vendors which adhere to such similar policies.
1. What is the personal information that we collect?
Depending on how you choose to interact with us, we may collect personal information from you, for example your name, e-mail address, billing address, shipping address, phone number and credit card information. We may also collect other information (i) regarding your interaction with our websites; (ii) regarding your interaction with third party mobile devices distributed and sold by other vendors (collectively, "Device[s]"); (iii) regarding your interaction with any of our mobile applications distributed or sold by us or via independent third party application stores, storefronts, and other mechanisms, including any related third party mobile device and user information (collectively "Apps"), or (iv) that you otherwise provide to us, including your use of Devices, purchase history and online browsing of products and services. For more information about information collected through Apps and Devices, read our Mobile Privacy Supplement.
2. Why do we collect personal information?
If applicable, we collect your personal information in an effort to provide you with a superior customer experience and, as necessary, to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. For more information as to why we collect personal information, please see the section below entitled: "How do we use your personal information?"
Your personal information also allows us to communicate with you about special offers, promotions, and other marketing programs and news that may be of interest to you. You always have the opportunity to unsubscribe from promotional communications by informing us.
3. How do we collect your personal information?
(a) Information that you provide to us
As a general matter, you can browse our Apps without submitting your personal information to us. However, there are a number of circumstances in which you may need to provide us with your personal information. The most common of these circumstances include:
Making a purchase or placing an order.
Creating an account online or on a Device.
Submitting a customer review, a list, or other user-created content or participating in comments-related sites.
Posting a blog, or participating in an online interactive community.
Creating an Apps profile, if applicable.
Signing up for email distributions.
Contacting support.
Using specific features of your Device.
Additional Website, Device or App Features.
(b) Information automatically collected
There are circumstances in which we automatically receive and collect information from you. The most common sources of this information include:
Cookies.
Pixel tags or image format files.
Your Device or Apps you use.
Business partners, contractors, shared databases, and other third parties whom may occasionally share information with us.
Information collected from visitors from outside the United States
If you are visiting us or using our Apps from outside the United States and provide us with personal information, please note that your personal information will be transferred, stored and processed in accordance with the strict policies established by our third party vendors and suppliers. Additionally, we may transfer your personal information to other countries, for example because a server or third party service provider is located there. The data protection and privacy laws of other countries, including the United States, may not afford you the same level of protection as those in your own country. We and our third party vendors and suppliers will take appropriate steps to protect your information.
By doing business or interacting with us, you are consenting to the transfer, storage, and processing of your personal information to and within facilities located in the United States and other facility locations selected by us.
4. How do we use personal information?
We use your personal information to provide you with a superior customer experience, and, as necessary, to administer our business. For example, we use your personal information to:
Provide you with products and services and information, and display associated content and advertising.
Administer our various programs.
Provide support.
Conduct research and perform analysis in order to measure, maintain, protect, develop and improve our products and services.
If applicable, administer contests, promotions or surveys and provide appropriate notifications.
Communicate with you about special offers, events, or new products or services that may be of interest to you.
Customize and enhance our materials and advertising.
Make communications necessary to notify you regarding security, privacy, and administrative issues.
Manage our business.
5. With whom do we share personal information?
Protecting the privacy and security of your personal information is a priority for us. We maintain security of your information provided that your data may be transferred to or shared with a third party as part of a sale, merger, or acquisition of us or one of our affiliates (see "Sales, Mergers, and Acquisitions" below).
We share your personal information with:
Other entities within our enterprise: We share and use your personal information with our other business units and operations and may continue to do so even after such business units or operations are sold. We share your personal information within our enterprise (i) to help to ensure that you have a superior customer experience, (ii) to provide customer support and related services, (iii) to provide other services and products that might be of interest to you, (iv) to provide and/or manage certain cross-company promotions or programs, (v) to facilitate purchases of Devices or content (or other products), (vi) to provide customer support for Devices and content, (vii) in connection with our commercial arrangements and business relationships within our enterprise, and (viii) as otherwise reasonably determined to provide a comprehensive experience for our customers.
Partners: We provide personal information to our partners that provide product and service offerings or technologies that we think may be of interest to you. Our partnerships may also result in products and services that allow you to publish Digital Content that may be shared with our partners. We may offer you the opportunity to opt-in to receive information from our partners, which may result in your personal information being shared with our partners. The use of your information by our partners and their vendors and contractors will be subject to the privacy policies of our vendors once such information is transferred.
Service providers, subcontractors and agents who perform services on our behalf: We provide personal information to third party service providers, subcontractors, and agents that work under contract on our behalf to provide certain services. These third parties do not have the right to use personal information we provide to them in any way that is not authorized by us. They are contractually obligated to use such information only as necessary to assist us and to maintain the confidentiality and security of such information.
Third party providers of products and services: These are third parties that provide products and services you may purchase or request from or through us. These third parties do not have the right to use personal information we provide to them in any way that is not authorized by us or explicitly permitted by you. They are contractually obligated to use such information only as necessary to assist us, or as you have explicitly permitted, and to maintain the confidentiality and security of such information.
Third party membership programs: If applicable, we work with certain third party entities to help them administer their own membership or rewards programs by providing them with purchasing information about their customers who make purchase from us. We disclose only the information that is necessary to make these third party programs work and to support your membership in them. This information usually includes your name and e-mail address as well as the dollar amount of the purchases made with us. We require such entities to obtain your consent before we provide them with this information, which they usually do as part of their own membership or participation rules.
Credit card companies: Credit card transactions are handled by third party financial institutions and their vendors and contractors who receive credit card numbers and other personal information from us to verify the credit card numbers and process transactions. Although our treatment of this information is governed by this policy, the use of your information by the third party financial institutions and their vendors and contractors will be subject to their own privacy policies.
Law enforcement officials and as required by law: We may release personal information to third parties when we determine, in our judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or user agreements; or (c) protect the rights, property or safety of ourselves, our employees, our customers, users, or others.
Co-branded offerings: In some instances, we may offer a service or feature that is co-branded by us and a third party company. If you provide information in connection with such co-branded service or feature, that information may be shared between us and the third party. Although our treatment of the information is governed by this policy, the third party's treatment of your information will be subject to the third party's privacy policy.
Other assets operated by us: If applicable, in some instances, we may operate on behalf of a third party. If you provide information in connection with an asset or property operated by us on behalf of a third party, that information may be shared between us and the third party. Although our treatment of the information is governed by this policy, the third party's treatment of your information will be subject to the third party's privacy policy.
Sales, mergers, and acquisitions: If we become involved in a merger, acquisition, restructuring, reorganization, or any form of sale or other disposition of some or all of its assets, personal information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice to you at your email address on file before any personal information is finally transferred and becomes subject to a different privacy policy. Such a transaction may involve us (i) retaining the right to continue to use transferred personal information in addition to the right of the transferee to use such information and (ii) engaging in additional transfers of personal information (including new personal information) with the transferee from time to time following such a transaction.
To fulfill your requests for products or services: In connection with some Digital Content orders, in order to complete your transaction, we may need to forward your personal information to our content providers. The content providers will share your personal information with its partners as it would be required for their business, using this information to fulfill your order and for other purposes.
In connection with purchases of certain Digital Content through us: We may need to forward information about you (including, for example, your Internet Protocol (IP) address) to the digital content provider in order to enable you to download or purchase Digital Content from or through that provider. In each such instance, the Digital Content provider is obligated to use such information in accordance with its own privacy policy and applicable law.
6. How do we secure personal information?
We and our vendors and suppliers take significant and appropriate security measures, including physical, technological and procedural measures, to help to safeguard your personal information and to prevent unauthorized access and disclosure. In addition, we and our vendors and suppliers use industry-standard technology designed to prevent unauthorized persons from gaining access to your personal information, and, as technology develops, we intend to take additional measures to improve security.
We want you to feel confident. While we and our vendors and suppliers are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to constant threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.
7. How do we respect your choices about your personal information?
When you interact with us in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively "Promotional Communications") from us that may include advertisements from third parties. The most common of these circumstances include:
Making a purchase or download or placing an order.
Creating an account online or on a Device.
Joining our community.
Enrolling in our programs.
Signing up for our email distribution lists.
Entering a sweepstakes or a contest.
Where you have consented to receiving Promotional Communications from our enterprise, you may choose to opt out at any time by informing us.
Even if you opt-out of receiving Promotional Communications, you may continue to receive communications relating to administrative matters, order processing and notifications, membership information, and/or other business-related communications.
We will retain your information for as long as your account is active or as needed to provide you with services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. What other information about our Privacy Policy would I want to know?
Our policies for Minors, including children under the age of 13
Except as noted below with respect to Kid's Profiles: (i) our products and services are marketed for and directed towards purchase by adults or with the consent of adults; (ii) Individuals under the age of 18 ("Minors") are not permitted to use our products or Apps without the supervision of a parent or legal guardian; (iii) we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an account or to post personal information; and (iv) should we learn that someone under the age of 13 has provided any personal information, we will remove that information as soon as possible.
Kid's profiles
We do not permit Minors to create a master account with us or register in his or her name. However, if applicable, we may offer parents and legal guardians the opportunity to create a personal profile for their child, including children under the age of 13, to allow for a more personalized experience (a "Kid's Profile").
The creation of a Kid's Profile requires that the parent or legal guardian provide us with verifiable consent to our collection of information in connection with the child's use of the Kid's Profile. If certain informational checks are not satisfied, we will not permit the creation of a Kid's Profile. In order for a parent or legal guardian of a child who is under the age of 13 to create a Kid's Profile, that child's parent or legal guardian must first create a master user account and authorize the creation of a Kid's Profile for the child who is under 13.
If applicable, the information collected during the Kid's Profile setup process will be used to tailor experience for items that might be of interest to you and your child. We may collect information regarding items your child browses and/or purchases in order to make our Apps and services more interesting and useful to you. We may share the information it collects about your child with its affiliated companies to help to ensure that you have a superior experience. We may also share the information it collects about your child with third party service providers we may engage to assist with services related to our enterprise. These third party service providers are obligated to keep your information and your child's information confidential and must use the information only in connection with providing services to us. Additionally, your child may use certain software features on apps and devices, and we may collect and store this information for the purpose of providing a seamless user experience, but we will not use such information for any other purpose without your consent.
We encourages parents and legal guardians to supervise, take active responsibility, and advise their children not to include any personally identifiable information in areas where such information may be publicly facing. Although we do warn children not to include personally identifiable information, it is possible that a child may inadvertently provide such personally identifiable information. By creating a Kid's Profile, you agree if your child inadvertently provides personally identifiable information to us that we may collect and maintain that information.
We are committed to complying with all applicable laws and regulations regarding the collection, storage and use of personal information of children under the age of 13, including the Children's Online Privacy Protection Act of 1998.
Updates to your information
Third party applications: We are not responsible for third party applications you may download and install. This Privacy Policy does not cover any data collection, use, or sharing by those applications, unless the provider of an application has entered into a separate agreement with us as a business partner to share your personal information. In such a case, we would require our business partner to disclose their data collection and sharing practices with you, and obtain your prior affirmative consent. Our use of any shared data under such an agreement would then be governed by our privacy policy. All other collection of personal information by a third party application provider shall be subject to the terms of such provider's privacy policy.
Third party websites and web-tracking
We may partner with third party distributors of advertisements to deliver advertisements about our products and services. These distributors of advertisements may place or access cookies on your computer which help us provide you with advertisements that are customized to your particular product preferences and improve the effectiveness of our marketing efforts.
Please understand that we do not control these third party cookies, and you should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies.
Whenever you click on links and banners that take you to third party websites, you will be subject to the third party's privacy policies, not ours. This Privacy Policy applies solely to information collected by us.
In addition, we may include links to other websites whose privacy practices may differ from those of our own. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
Safe Harbor
Because we work with trusted branded vendors, suppliers, channels, and other business partners, we believe that there is safe harbor via these respective parties with respect to transparency, accountability and choice for our collection and use of your personal information along with compliance with relevant safe harbor frameworks.
Terms of Use
If you choose to use our products and services, your use and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitation on damages, resolution of disputes, and the applicable jurisdiction of the law.
Mobile Privacy Supplement
Last updated on: February 25, 2013
This Mobile Privacy Supplement provides additional information about data (personal and other information) that may be collected when you interact with our enterprise through (i) third party devices that you own or otherwise (collectively, "Device[s]"); and (ii) any of our applications distributed or sold by us, and any related third party mobile device, applications or technologies (collectively "Apps"). This Supplement incorporates our full Privacy Policy (the "Privacy Policy") which covers your interaction with us. In the unlikely event of a discrepancy between this Supplement and the Privacy Policy, which is our main policy governing the collection, storage and use of your personal information, please read the Privacy Policy.
By interacting with us when this Supplement has become effective, you accept the practices described below, and expressly consent that this Supplement, and thePrivacy Policy, applies to the collection, storage, use and disclosure of your personal and other information.
This Mobile Privacy Supplement addresses the following questions as they relate to Apps and Devices:
1. What personal information do we collect?
2. How do we collect personal information?
3. How do we use personal information?
4. With whom do we share personal information?
5. What else about the Mobile Privacy Supplement would I want to know?
1. What personal information do we collect?
We may collect personal and other information that may be related to your registration or use of our Apps or Devices. Personal information, for purposes of this Mobile Privacy Supplement, includes but not limited to, information about your location, and information that may be retrieved from your Apps or Devices.
2. How do we collect personal information?
We collect information by asking you for it, and in some cases automatically collecting other information through your use of the Apps or Devices, and from certain outside sources.
(a) Information that you provide to us
Creating or using an account:
If applicable, when you create an account, you must provide us with personal information. If you make a purchase or download, we may use your personal information, but may ask you to re-enter security or credit card information, to complete your order or download.
Using specific features of Apps and Devices
Interaction with social networking sites
Our Apps and Devices may provide you the ability to enter (directly, or by authorizing us to download the information from a third party such as a social networking website or application) personal information such as contacts or friends lists. These or related applications may also allow you to provide information directly to social networking sites including information about your purchases, physical location, or comments. However, we will not provide any of your information to social networking sites without your express consent.
Uploading images
Our Apps and Devices may provide you with the ability to upload images. By consenting to use this function, you recognize that we assume no responsibility for the privacy or protection of any image submitted.
(b) Information automatically collected
When you use an App or Device, we may automatically collect information from your App or Device when it is connected to the Internet. For example, we may receive and collect information concerning your App or Device registration, settings, usage, firmware version, signal strength, search queries, network interaction, the name of the network from which you access the Internet, the Internet Protocol address of the device you are using, downloads, sideloaded content, configuration, service, information related to any malfunction of the App or Device, or other information as the case may be. In addition, if applicable, when your App or Device connects to certain wireless networks, we may collect information concerning your location when it makes such a connection.
Information collected from outside sources
We may also collect personal and other information about you from business partners, contractors and other third parties, including those that provide:(i) services related to Apps, Devices, or other products; and (ii) software applications you may download or use on a Device or that otherwise allow you to directly interact with us.
3. How do we use your personal information?
We use your personal and other information to provide you with products and services, otherwise manage our business, provide support, administer our programs, conduct product improvement, administer promotions, communicate special offers from us or third parties, and to provide important notices to you. For more information explaining how we use your personal information, please read the Privacy Policy.
4. With whom do we share your personal information?
We share your personal information with our affiliates and other business units and operations comprising our enterprise to, among other things, provide a comprehensive experience for our customers and in connection with our commercial arrangements and business relationships within our enterprise. We also share your personal information with certain other parties, including business partners, service providers, agents, and third parties that assist us in providing you products and services through the Apps or Devices, or otherwise provide support to the operation of the Apps and Devices and require use of your information to provide that support. For a full description of the extent to which we share your personal information, please read the Privacy Policy.
5. What else about the Mobile Privacy Supplement would I want to know?
Questions
OnGuardOnline.Gov is a good resource for general privacy information on mobile devices and applications.
Third party advertising
We may share anonymous and aggregate information – never personal information – about your purchases and interests with third parties that may place targeted advertisements on Apps or Devices.
Security
We and our vendors and suppliers take significant and appropriate security measures to help to safeguard your personal information and to prevent unauthorized access and disclosure. You must remember that the Internet is a global communications vehicle open to constant threats, viruses and intrusions from others and so we cannot promise and cannot guarantee the security of this information.
Devices and third party applications
We are not responsible for third party applications you may download and install on your Devices. This Mobile Privacy Supplement and the Privacy Policy do not cover any data collection, use, or sharing by any mobile device manufacturer, network service provider or third party application provider, unless such parties have entered into a separate agreement with us as a business partner to share and use your personal information. In such a case, we would require our business partner to disclose their data collection and sharing practices with you, and obtain your prior affirmative consent. Our use of any shared data under such an agreement would then be governed by the Privacy Policy.
European Union users: updates to your information
EU users have additional rights, including to ask us not to use their personal information for direct marketing purposes, to request a copy of any personal information that we may hold about them, and to have any inaccuracies rectified.
