findsmithGROUPS
PRIVACY POLICY
MAY 4, 2008
Note: Capitalized terms used below without being defined have the meanings that are ascribed to them in our Terms of Use.
1. APPLICABILITY
This policy describes our practices regarding information that you share with us during the registration process or that is part of any Content that you Post to or through the Service or to any Group Site. This policy does not apply to other web properties that are not part of the Service, even if they are owned or operated by us or if they are linked to from the Service or from Content Posted to a Group Site. This policy also does not apply to people that we do not employ, such as Group Moderators and other Group employees and agents.
2. INFORMATION WE COLLECT
a. We collect personally identifiable information from you at the time that you establish (or later change) any aspect of your FSG account. We also collect personally identifiable information from you in the course of your sign-up for certain Tools employed on the Service. This information may include your name, address, email address, phone number, occupation, personal interests, and similar information. We may combine information you provide with information we obtain from business partners or other companies.
b. We automatically record your IP address whenever you use the Service, and we may record the pages of any Group Site that you visit and the Tools that you use while visiting.
c. We may collect personally identifiable information from you if you transmit such information in the course of Posting Content to or through the Service or to any Group Site. Because Groups can have members that you do not know, we suggest you use care in posting any personally identifiable information in a group.
d. We may set and/or access cookies on your computer to learn about your actions on the Service or a Group Site and to recall certain personal information you previously shared with us.
3. PERMITTED USES OF YOUR INFORMATION
a. We may use your information for the following general purposes: to customize the advertising and content you see, to improve the Service, to contact you about the Service and regarding your use of the Service, for our research purposes, and to provide aggregated, non-personally identifiable reporting both for internal use and to share with external clients.
b. We may use your information to send you newsletters, surveys or promotional communications (Communications) only if you have opted in for such use via an opt-in checkbox provided at the time that you established (or later changed) any aspect of your FSG account. If your Group Service or Site does not currently feature an opt-in request for Communications from FSG, this use of your information currently does not apply to you. While we reserve the right to add this request to your Group Site or Service in the future, upon its addition your preference will automatically be set to opt-out until you elect to change it or otherwise elect to opt-in to receipt of Communications. We reserve the right to send emails or post Content from the FSG system that are intended to assist users of your Group Site or Service with navigation of FSG features (most often titled Quick Tips) or other notifications regarding the Service without providing the opportunity to opt-out.
4. INFORMATION SHARING AND DISCLOSURE.
We will not share, rent, or sell personal information about you except in the following limited circumstances:
a. We may share your information with Group Moderators so that they may contact you and otherwise carry out their responsibilities with respect to the Group and the Group Site and your use of the Group Site. While Group Moderators are required to comply with this Privacy Policy and our Terms of Service, we cannot be responsible for any misuse or disclosure of your information by them.
b. We may provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf or to provide services on our behalf, such as processing mailings or credit card transactions. If we share your information with such service providers, we will share only the information necessary for them to provide the service and will only do so if the service provider agrees to maintain the confidentiality of your personal information.
c. When you elect to participate in an offer from us or one of our trusted partners or request information from us or one or more of our trusted partners through the Service, we may transfer your information within our organization or to our partners, so that they may provide the offer or information on their product or service in response to your request.
d. We (and any Group Moderator) may disclose your information in response to court orders, subpoenas or other legal or regulatory process or to establish or exercise our, the Group’s or any Group Moderator’s legal rights or defend against legal claims brought against any FSG Party. We (and any Group Moderator) may use or disclose your information in connection with any investigation involving the suspected violation of our Terms of Use or the rules applicable to any Group Site, or to prevent any further violation of our Terms of Use or such rules.
e. If we are acquired or merged into another company, or if we sell all or substantially all of our assets to another party, we may transfer your information to that party in connection with the transaction. Use of your information by a buyer of our assets or our successor in interest would be subject to this Privacy Policy, as it may be amended in the future.
5. PROTECTING YOUR INFORMATION
We limit access to your information to FSG Parties whom we believe have a need to access such information in order to provide products or services to you, including the Service and any Group Site. Wherever your personally identifiable information may be held within our organization or on its behalf, we intend to take reasonable and appropriate steps to protect the information you shared with us from unauthorized access or disclosure. Please note that while we will make every reasonable effort to protect your information, no transmission of data over the Internet is 100% secure. We currently do not encrypt the storage or transmission of personally identifiable information.
6. TERMINATING YOUR MEMBERSHIP IN A GROUP OR YOUR USE OF THE SERVICE
If you terminate your membership in a Group, your authorization for Group Moderators to use your personal information will be terminated, except to the extent that the Group needs to contact you in connection with any Content that you Posted to or through the Group Site or your conduct on the Group Site that preceded such termination. If you terminate your use of the Service altogether, your authorization for us to use your personal information will be terminated, except to the extent that we need to contact you in connection with any Content that you Posted to or through the Service or your conduct on the Service that preceded such termination. Terminating your membership in a Group will not result in the deletion of your personal information from our database. We will delete your personal information upon receipt of a written request to do so long as we are not required to maintain such information in relation to a legal process or to protect our rights or those of the Group Moderator or other Group members.
7. INFORMATION PROVIDED TO ADVERTISERS
We display Advertisements on portions of every Group Site. Advertisements are often targeted toward users based on aggregated personal information. For example, we may tell an advertiser that the membership of a particular Group is mostly comprised of women, ages 25-40, and therefore they can expect to reach primarily this audience if they advertise on the affiliated Group Site. We will not disclose your individual information to any advertiser. Nevertheless, by viewing or Posting Content on a Group Site, you are agreeing to the possibility that an advertiser will make an assumption that you meet the criteria that we used in choosing to display an Advertisement near such Content or on such Group Site.
8. INFORMATION PROVIDED THROUGH COOKIES
We may set and/or access cookies on your computer to learn about your actions on the Service or a Group Site and to recall certain personal information you previously shared with us. We may also allow Group Moderators and advertisers who post Advertisements to the Service to set and access cookies on your computer. Most Internet browsers allow you to control cookies, including whether or not to accept them and how to remove them. You should be aware that blocking or removing cookies may result in a lower-quality experience for you in accessing the Service or any Group Site.
9. INFORMATION PROVIDED THROUGH LINKS
While using the Service or accessing any Group Site or Content, you may encounter links to other web properties that are not part of the Service or the Group Site. Such links may come from an advertiser, another Group member or a Group Moderator, or a partner of FSG. We are not responsible for the use of any information you provide on any web property that you reach through a link on the Service. Once you leave the confines of the Service, you will be subject to whatever privacy policy applies to the web property you reached through the link. You should be careful to note what web property you are on whenever you enter personally identifiable information.
10. INFORMATION PROVIDED BY MINORS
Our Terms require that you be at least 18 years of age to use the Service or to Post or view Content on any Group Site. We have no intention of collecting any personally identifiable information from anyone under 18 years of age. Where appropriate, we may repeat a notification that minors should not be using the Service or Posting or obtaining Content using a particular Tool or on a particular Group Site, but our failure to repeat such notice should not be taken to mean that minors are welcome on portions of the Service where such notices are not repeated.
11. ADDITIONAL RIGHTS UNDER CALIFORNIA LAW
California has passed legislation requiring certain specific disclosures be made available to California residents who use the Internet and provide information that may be used for marketing purposes. That legislation requires any business that discloses a customer's personal information (as defined by the act) to any third party for direct marketing purposes to provide the customer a method for obtaining the names, addresses and certain other specified details of anyone who might have received that personal information. If you are a California resident you may request this information from us by writing to findsmithGROUPS, 1051 E. Hillsdale Blvd., 8th Floor, Foster City, CA 94404, Attn: Privacy Rights, or by sending an e-mail to legalnotices@findsmithgroups.com. We are not obligated to respond to more than one such request from you per calendar year.
12. NO ADDITIONAL RIGHTS UNDER FOREIGN LAW
Our Terms of Use make clear that our Service and any Group Sites are only for the use of United States and Canadian residents and are subject to United States and Nevada laws. Accordingly, you should note that if you are not a U.S. or Canadian resident and you use our Service or a Group Site, to the fullest extent permitted by law, you waive any privacy rights you may have under any foreign law or treaty and consent to be subject to the privacy laws, rules and regulations of the State of Nevada and the United States of America, as applicable.
13. CONTACTING US
If you wish to contact us regarding this Privacy Policy, please contact us at legalnotices@findsmithgroups.com or write to us at findsmithGROUPS, 1051 E. Hillsdale Blvd., 8th Floor, Foster City, CA 94404, Attn: Privacy Rights. We will, to the best of our ability, address any issue brought to our attention as soon as practicable.
14. ACCEPTANCE OF THIS PRIVACY POLICY
BY USING THE SERVICE OR ACCESSING ANY GROUP SITE, YOU CONSENT TO ALL OF THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE OR ACCESS ANY GROUP SITE.
15. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. If we make any material change to this policy, we will provide a prominent notice on the home page of all Group Sites. Your use of the Service or any Group Site after the effective date of any change to this policy will be deemed to be consent to such change and your agreement to the terms of the amended policy.
