Our Privacy Statement governs the non-public, personally identifiable information you give us, including, without limitation, any registration, credit or other payment card or account information you give us to purchase content, become a Purchaser or otherwise use our Website ("Personal Information"). This Privacy Statement does not, however, cover any other information collected in any other way, for any other purpose or by any other company.
This Privacy Statement, as part of our Agreement with you, is legally binding and we can make changes to this Privacy Statement in the same way we make changes to any of the other terms and conditions of our Agreement (e.g., our Terms of Service). We encourage you to check the Agreement, including this Privacy Statement, often for updates.
We are committed to protecting the privacy of your Personal Information and keeping Personal Information you share with us on the Website secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is completely secure, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please note that your street address is optional if you only wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, notices that are illegible or do not have complete information. Even if your question does not relate to California or your California privacy rights, if you have any questions about this Privacy Statement, please contact our Privacy Administrator at firstname.lastname@example.org
GENERAL PRIVACY INFORMATION
The Privacy Statement is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U. S. We make no representation that our Website is operated in accordance with the laws or governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use our Website contrary to the terms and conditions of the Agreement or the laws, regulations, treaties and legal requirements of the United States or that otherwise apply to you in your country, community and legal governing jurisdiction (the "Law"), you do so at your own risk. You, not us, are responsible for compliance with the Law that applies to you.
By your use of our Website you are agreeing that Personal Information you provide to us or that we obtain in connection with your use of our Website will be transferred to the U.S and subject to U.S. law. By using our Website or providing us with any Personal Information, you consent to the transfer of your Personal Information to and from the U.S. and waive any claims that may arise under the Law. You must provide true, current, complete and accurate Personal Information when appropriate and prompted to do so (e.g., during the course of a purchase transaction) and we have the right to refuse or revoke your rights as a Purchaser or otherwise in connection with our Website and/or reject and delete any entry, if we believe in good faith any information you provide to us is or may be false, fraudulent, or inconsistent with this Privacy Statement. We cannot and shall not be liable or responsible in any manner resulting from your failing, for any reason, to give us or keep up to date, accurate, truthful or complete information.
Your continued use of our Website indicates your acceptance of this Privacy Statement and of the collection, use, disclosure, maintenance, management and storage of your Personal Information as described herein. We may from time to time, transfer or merge Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including marketing companies and advertisers, promotional partners and sponsors ("Advertisers"). This Privacy Statement will remain in full force and effect as long as you are a Purchaser, visitor or user of our Website or any of its features or functions.
Collection and Use of Personal Information: When we use the term "Personal Information" we mean information you provide to us as a Purchaser of our Website, whether or not you actually initiate, attempt to transact or consummate a purchase, and includes information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, any responses to surveys and your transactions and relationship with us, if you have been a customer or you have provided Personal Information in the course of ordering and paying for any of the content, products or services we may make available on or through our Website (e.g., billing address, shipping address, preferences, purchases, selections, credit card or other payment instrument information and information about your computer's internet address and any web site which may have referred or directed you to our Website. [Your credit card or other payment instrument or account number is sensitive Personal Information and we don’t collect that information but it’s sending through a secure transmission directly to the payment processor.]
We collect Personal Information about you when you visit our Website and input information, whether you are registering, enrolling or signing up for services, features and functions, participating in promotions, ordering or purchasing content, products or services or in the course of any other exchanges of information, transactions and activities with respect to our Website and relationship with you. We may use the information we obtain, including your Personal Information, to tailor your experience on our Website, to display content we think may be of interest to you, or to let us customize your Website experience according to your preferences.
You, not us, are solely responsible for maintaining the confidentiality of your unique user name and password combination applicable to you as a Purchaser and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. Correspondingly, you are solely responsible and liable for your activity, behavior, use and conduct on our Website and for any use of our Website or any other activity or conduct in connection with our Website, by any others who use your user name and password, unless and until you notify us that they may have been compromised, misappropriated or improperly taken or used by another party. You understand that simply because you submit information to us, does not guarantee we will permit you to use any or all of the features or functions of our Website.
From time to time, we may choose to provide you with the opportunity to opt-in or subscribe to e-mail newsletters and other information we are able to communicate to you. If you elect to opt-in or request these communications, you understand and agree that you are giving us your consent to track your activities and your use of our Website.
If we offer promotions, ourselves or with a sponsor or other third party ("Promotions"), they will generally have separate registration or entry processes and you may be required to submit Personal Information (e.g., name, address, e-mail address, telephone number and date of birth) to participate. The official rules for these Promotions will provide any specific requirements for that Promotion and these may include the opportunity to opt-in to special offers from our Advertisers.
We may contact or send offers to you for the purchase of content, goods and/or services that we feel may be of interest to Purchasers. If you are a Purchaser, you may "opt out" of receiving marketing and promotional e-mails or text messages from us by changing your Email Preferences in "My Account" section, accessible on every page of the site through the "Sign In" link. Even if you are not a Purchaser, you may use the opt-out mechanism contained in the e-mail or text message we send you. However, we may continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding the administration of your account with us, any payment account information you have given us, your transactions with us, Promotions you have entered, as well as any content, goods, services or other items you have ordered or your transactions with us.
In the event that we unknowingly send an e-mail or text message to a child (a person under the age of 13 years) who has become a Purchaser in violation of our Terms of Service, the child or the child's parent or legal guardian always have the right to opt-out of receiving future e-mails or text messages using the [opt-out] mechanism contained in the e-mail or message or to request termination of the child's status as a Purchaser on our Website. The same is true for the parent or legal guardian of a teenager (as defined in our Terms of Service). Please see the Section of this Privacy Statement entitled "Updating or Deleting Personal Information" below for details.
Some of the aggregate information we collect in connection with our Website may be shared with Advertisers and our other business partners, but we do not give Personal Information to them as part of the relationship except as described in this Privacy Statement. Use of their tracking technology is subject to their own privacy policies.
Cookies and Similar Technology: We use 'cookie' technology to collect data regarding your visits to our Website. This data is stored in aggregate form and is not used to identify a particular Purchaser or individual. We may use this and similar tracking technology in a number of ways, such as: "Keeping count of your visits to our Website or our Advertisers' sites;" Aggregating and reporting aggregate, statistical information in connection with our Website; "Determining which content, goods, services, features and functions Purchasers and users of our Website prefer; and" Saving your information so you don't have to re-enter it when you return to our Website.
Although we may track the numbers of visitors on an aggregate basis so we can update, improve and enhance our Website, as well as assisting us to display advertising and marketing information, Personal Information is not collected in this process.
Our Website may include advertisements, references and links to other services, web sites and entities. We may use third parties to display advertising on our Website or to communicate with you. They will often use cookie and web-bug technology to determine advertising effectiveness. Different rules apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites and the use of technology by third parties is within their control, not ours. Even if we have a relationship with a third party, we do not control their web sites or policies and practices regarding your information. This Privacy Statement does not cover the use of Personal Information that a third party (including any of our Advertisers) may collect from you. We encourage you to investigate and ask questions directly of them in this regard.
Although we respect the privacy of your e-mail and other correspondence, we reserve the right to and disclose your use of our Website, information pertaining to any of your communications with us or its contents, to a third party, if we believe that is required by law or is necessary to protect and defend our rights, to enforce this Privacy Statement or our Terms of Service, or to protect the interests of our other Purchasers, Website users, Advertisers, suppliers, service providers or other parties.
We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent ("Opt in") to do so, in which case their use of your information is subject to the Advertisers' own privacy policies. If we offer co-branded services, features and functions (e.g., Promotions) together with another company we will share your Personal Information with that other company and your choosing to use or participation in such a, feature or function means you have given your affirmative consent to both PayPlay and the other company involved, to collect and use your Personal Information. If you wish to opt-out of that other company's future use of your Personal Information, you must contact them directly.
We also have the right to disclose your Personal Information to third party service providers to administer and maintain our Website, its services, features, functions and operations. We may use service providers to more effectively provide the full range of content, goods and services, download, streaming and other features, functions and services that we may bring you. We request our service providers to also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Website. Our service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.
We will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
When we are compelled to do so by a government agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process); If we believe you are or may violate any law, regulation, our Terms of Service, this Privacy Statement, or any other terms and conditions, rules for Promotions, terms applicable to you as a Purchaser or any other services, features or functions of our Website; If you threaten any rights, property or the safety of us, our Website, or any of our service providers, suppliers, Advertisers, customers, other Purchasers, users or any other party; If, in our sole discretion, we believe disclosure is necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests or to comply with our legal and regulatory obligations; or In the event of bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us. We maintain reasonable standards of security and confidentiality. However, it is possible that third parties may unlawfully intercept or access Internet transmissions or private communications over an unsecured transmission. Financial transactions with us are conducted through secured transmissions but other parts of our Website may not always secure. We also limit access to our Website by our own employees to those who are authorized for the proper handling of such information and an employee found violating our standards of security and confidentiality are subject discipline. We request our service providers to follow the same policy.
Updating or Deleting Personal Information
You may review, update or delete your Personal Information collected on our Website and you may correct factual inaccuracies. However, certain Personal Information necessary to check eligibility, such as date of birth or age or e-mail address, cannot be deleted and can only be modified if you provide us with sufficient verification of the error and the correct information. Other Personal Information, such as e-mail address, cannot be deleted but can be modified. If you delete or attempt to delete such Personal Information, we may suspend or terminate your rights as a Purchaser or Website user. To review, update or delete your Personal Information, follow the "Sign In" link on the PayPlay.FM home page, then click on your email or name and select "Account".
If you wish to review Personal Information collected for Promotions, you must contact the Website's Privacy Administrator via e-mail at email@example.com and be prepared to provide verification of your identity. Personal Information collected for Promotions is subject to corporate and regulatory recordkeeping requirements and will not be deleted unless the entrant is a child under the age of 13 years old.
Parents or legal guardians of children that are in violation of our Terms of Service and who wish to terminate their child's registration must directly access the child's registration information and Purchaser account and select ["CLOSE MY ACCOUNT"], or the parent or legal guardian must provide verifiable identification they are the parent or legal guardian of the ineligible child. Children under the age of 13 that are unknowingly registered on our Website are in violation of our Agreement. We do not allow you access to Personal Information by any person without the correct user name and password. If a parent or legal guardian does not have his or her child's user name and password, they must send an e-mail to the Privacy Administrator that includes the parent's name, address, telephone and e-mail address, in addition to the child's name and e-mail address the child provided on our Website, plus the child's date of birth. We will send a confirmation e-mail to the parent at the e-mail address provided to verify the parent wishes to terminate his or her child's status as a Purchaser. The parent or legal guardian must then confirm by sending a reply e-mail to the designated return address. PayPlay will then terminate the child's Purchaser account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person that made the request.
We have the right to suspend, deactivate, terminate or deny a Purchaser, a purchase transaction, access to our Website and/or any services, features or functions to anyone, if we believe there is a question about the identity of the person involved. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to that information. In those cases, we will provide you with an explanation of why access will not be provided and a person you may contact for further inquiries.
If you do not understand any of the above information about how we collect, maintain, use or share your Personal Information, you may contact us directly by clicking here.
This Privacy Statement is the sole statement of PayPlay's privacy policies and practices with respect to our Website and no other summary, modification except as permitted by our Terms of Service or other version, statement, re-statement, policy or description of practices, in any form, is valid.
This Privacy Statement was last modified on January 30, 2013 and is effective immediately