Last updated February, 2011
c) Notice . Personally Identifiable Information (“ PII ”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, when you create an account with us, your account information is stored on the Jamster server. When you provide PII to Company via the Service, we will tell you who is collecting the information, how and why the information is being collected, and how it may be used. We will give you options regarding our use of your PII, including whether we can share it with outside companies.
2) Collection of Information
a) Submission . Company collects PII in order to enhance the Service for Users. We may collect your name, email address, billing information, mobile telephone number and other information reasonably requested from time to time. You voluntarily submit information to Company when you (1) register for the Service (via web, WAP, SMS or otherwise), (2) access or view Jamster content without registering for the Service, (3) participate in activities like sweepstakes, contests, games, surveys and forums in connection with content, or (4) suggest (via emails, chats, bulletin boards, etc.) how we can improve the Service.
b) Third Party Sources . We may collect PII from reputable third parties and sources including, without limitation, public databases.
c) Non-Personally Identifiable Information . When your computer contacts our web servers (for example, when you visit the Site, or view an HTML e-mail), our web servers automatically collect Site usage information. Site usage information is non-identifying information that describes how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. This information is used to analyze and improve the Site.
e) Use of Web Beacons . Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our Users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to Site or to monitor how our users navigate the Site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We may also use web beacons to compile aggregate statistics about the Service and our marketing campaigns.
f) Site Visitors . We may collect certain information about Site visitors for site maintenance, optimization, security and other legally permissible purposes. Such information may include, without limitation, visitors’ IP addresses, browser types, dates, times, and duration of visits, and particular pages viewed. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from our Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
g) Manual . We may collect PII from consumers in manual format or off-line, such as a post card or subscription form.
Special Notice Regarding Children Under 13 Years of Age
Company respects the privacy of children of all ages. Company particularly recognizes the sensitivity of personal information concerning children under the age of 13 and therefore provides this special notice to parents and guardians regarding the collection and use of information collected from children in this age group.
The Service is not directed toward young children. If you are over the age of 13 but under the age of 18, you should use the Service only with the involvement of a parent or guardian and should not submit any PII to Company. If we discover that a person under the age of 13 has provided Company with PII, Company will use commercially reasonable efforts to delete such person’s PII from its system.
3) Jamster’s Use and Disclosure of Collected Information
a) Policy . Company will use PII which you provide and which we obtain from third parties, such as business partners, in a manner consistent with this Policy.
b) Notice . Company may use your PII to send you important information and notices regarding your Service account, the Service itself, to contact you in connection with a promotion or for other purposes disclosed when you provide the information. Company may share PII with third parties Company uses to perform certain tasks for Jamster such as download/subscription processing, purchase/order fulfillment, responding to service requests and payment processing. We may also contact you regarding any problems or questions we have relating to your use of the Service, or in our discretion, notify you of changes to the Policy, Terms and Conditions or other policy or terms that affect you and your use of the Service. We may also use information about our Users, including PII, for internal purposes.
d) Affiliates and Third Parties . Company employees, agents and contractors must have a legitimate business reason to obtain access to your PII. Company may share your PII with outside contractors or agents who help us manage certain tasks (e.g. sweepstakes administration, order fulfillment, statistical analyses). Such contractors or agents will have access to your PII to the extent it is needed to perform their duties and functions and will not share your information with any third party or use it for any other purpose. A company affiliate may collect your PII on Company’s behalf when you register on the Site or access Jamster content using your mobile telephone. Such affiliates provide Company with the PII we need to provide you the content and services you requested. Such affiliates may also provide your mobile communications provider with the information it needs to bill you for the content and services you purchased (only if the mobile communications provider is providing billing services). Company may share your PII with its affiliated companies. If you have given us permission to do so, Company may share your PII with advertisers and business partners that are not affiliated with Company but would like to send you information about their products and services. You will always have the option to instruct us not to share your PII with unaffiliated third parties.
e) Anonymous Use . Company may share your non-PII and click stream data with vendors that help us customize the advertising and marketing messages you receive as part of the Service. Such vendors will not share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with Company advertisers and business partners. We may disclose non-identifying, aggregated User statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of Users who visited the Site during a specific time period or purchased a specific product through the Site.
f) Legal Use . Company may disclose PII in order to protect the legal rights of Company, its affiliates or their employees, agents and contractors; to protect the safety and security of visitors to our Site; to protect the rights, property or safety of Company; or when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing the Service and applicable laws. If you ask Company to stop using your PII, Company will honor your request but retain any record of your PII as necessary to comply with applicable federal, state or local law.
g) Sale or Transfer . If Company sells all or part of its business, makes a sale or transfer of assets or is otherwise involved in a merger, business transfer or other fundamental corporate change Company reserves the right to disclose, share and/or otherwise transfer User information, including without limitation, PII to a third party as part of such transaction.
h) Promotions . If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
4) Third Party Sites
We use various security measures to protect personal information that we collect. We strive to ensure the security of your PII on our systems, including limiting access to the PII contained on our servers. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet can be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk.
6) Collection and Transfer Outside of the United States
PII collected on the Site and through the Service may be stored and processed in the United States or any other country in which Company or its affiliates, subsidiaries or agents maintain facilities, and by using the Site or the Service, you consent to any such transfer of information outside of your country in accordance with the terms of this policy.
7) Notice to California Residents / Your California Privacy Rights.
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2011 will receive information about 2010 sharing activities). As set forth in this Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please contact us by email at email@example.com or by calling 866-856-5267.
8) Contact Us
To communicate with Company about this Policy or Company’s collection and use of your PII, to review, correct or delete your PII, or to stop future communication from us, please contact us by email at firstname.lastname@example.org or by calling 866-856-5267 and a member of our customer service staff will be happy to assist you. You can also contact us by mail at the following address:
c/o Jesta Digital, LLC
6420 Wilshire Boulevard, Suite 600
Los Angeles, CA 90048
Attention: Website Administrator