Last Updated: December 3, 2007
OptOut.com respects the privacy of our users and we have developed this Privacy
Policy to demonstrate our commitment to protecting your privacy. This Privacy Policy
is intended to describe for you our treatment of personally identifiable information
that you provide to us as a user of OptOut.com or our services, or otherwise provide
to us through other means such as e-mail marketing from us or our partner web sites,
the information we collect, how that information may be used, with whom it may be
shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our web site or
services or transacting business with us. By using our web site, including, without
limitation, signing up for offers and/or continuing to receive information from
OptOut.com, you are accepting the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of
this Privacy Policy for information on how to contact us.
Information we collect about you
In General. We may collect personal information that can identify you, such
as your name and e-mail address, and other information that does not identify you.
- Information you provide. We may collect, sell, or share any personal information
you enter on our web site or provide to us in some other manner, including through
e-mail marketing by us, and our partners and affiliates. This includes identifying
information, such as your name, address, e-mail address, and telephone number, and,
if you transact business with us, financial information such as your payment method
(valid credit card number, type, expiration date or other financial information)
(Please see "How we protect your personal information".
- Information from other sources. We may also periodically obtain both personal
and non-personal information about you from our partners and affiliates, and other
third parties, and add it to our account information or other information we have
collected.
Use of cookies and other technologies to collect information. We use various
technologies to collect information from your computer and about your activities
on our web site.
- Information collected automatically. We automatically collect information
from your browser when you visit our web site. This information includes your IP
address, your browser type and language, access times, the content of any undeleted
cookies that your browser previously accepted from us (see "Cookies"),
and the referring web site address.
- Cookies. We may employ "cookies" to help customize
your access to our web site, and also for the delivery of targeted advertisements.
A cookie is a piece of data stored on your hard drive containing information about
you. Through the use of a cookie, we may automatically collect information about
your online activity on our web site, such as the web pages you visit, the links
you click, and the searches you conduct on our web site. Cookies have many benefits
to enhance your experience at our web site and to facilitate the receipt of targeted
advertisements. For instance, by setting a cookie on our web site, you do not have
to log in a password more than once, thereby saving time while on our web site.
Even in the case where you reject a cookie, you may still use our web site. We use
cookies to track, monitor and target the interests of our users to further enhance
the experience on our web site, and for subsequent advertising and/or delivery purposes.
To find out more about cookies, please visit http://www.cookiecentral.com/.
- Other Technologies. For the purpose of formatting and delivering future marketing
or sales campaigns (either electronic or direct), we may employ pixel tags (also
known as clear gifs) to track: 1) the pages that our users visit on affiliate and/or
partner web sites; and 2) user opens of, and clicks on, our targeted e-mail advertising.
We reserve the right to employ user source information, including applicable category
and interest(s), for the marketing of targeted e-mail messages on behalf of our
clients. This source information may be shared with our third party marketing partners,
and we reserve the right to retain cookie and pixel tag data indefinitely.
- Information collected by third-parties. We may also work with other businesses
to bring select retail opportunities to our users from us, our partner web sites,
or our marketing partners, including affiliated third party advertisers. These e-mail
campaigns may use tracking technologies, such as cookies, to collect information
about users who view or interact with the e-mail marketing material. Users may remove
themselves from a specific mailing list by utilizing the unsubscribe options that
are present at the end of each e-mail we send on behalf of the list owner. Unsubscribing
from one list will not automatically unsubscribe a user from all lists.
How we use the information we collect
In general. We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services,
or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices about
products or services that may be of interest to you either from us, our partners
and affiliates, or other third parties;
- develop and display content and advertising tailored to your interests on our web
site and other sites;
- enforce our terms and conditions;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial information or payment method
to process payment for any purchases made on our web site, to pre-qualify you for
credit card and other offers that you might find of interest, to protect against
or identify possible fraudulent transactions, and otherwise as needed to manage
our business.
Job applicants. If your personal information is submitted through our web
site when applying for a position with our company, the information will be used
solely in connection with considering and acting upon your application. We may retain
your personal information for a period of time, but only for the purpose of considering
your application for current or future available positions. This information may
be shared with our partners and affiliates for the purpose of evaluating your qualifications
for the particular position or other available positions, as well as with third-party
service providers retained by us to collect, maintain and analyze candidate submissions
for job postings.
Please review "Your choices about collection and use of your
information", below.
With whom we share your information
We want you to understand when and with whom we may share personal or other information
we have collected about you or your activities on our web site or while using our
services.
Personal information. We do not share your personal information with others
except as indicated below or when we inform you and give you an opportunity to opt
out of having your personal information shared. We may share personal information
with:
- Authorized service providers: We may share your personal information with
our authorized service providers that perform certain services on our behalf. These
services may include sending direct and electronic mail, removing duplicate information
from user lists, analyzing data, providing marketing analysis, and supporting our
web site functionality. These service providers may have access to personal information
needed to perform their functions but are not permitted to share or use such information
for any other purposes.
- Business partners: We may collect, sell, or share any personal information
you enter on our web site or provide to us in some other manner, including via e-mail
marketing. We may also work with other businesses to bring select retail opportunities
to our users via e-mail marketing campaigns by us, or our partner web sites/co-brands,
or our marketing partners, including affiliated third party advertisers. The other
businesses we work with may include: (a) providers of direct marketing services
and applications, including lookup and reference, data enhancement, suppression
and validation; (b) e-mail marketers; and (c) telemarketers. When you open, preview
or click on the advertising portion of our e-mails and/or those of our marketing
partners and/or affiliates, you have agreed to the terms set forth in our Privacy
Policy, and agree that as a function of opening, previewing or clicking on the advertising
portion of our e-mails, you will receive new or additional marketing communications
from us, our marketing partners and/or affiliates. These e-mail campaigns may use
tracking technologies, such as cookies, to collect information about users who view
or interact with the e-mail marketing material. There are a number of places on
our web site and in e-mail campaigns where you may click on a link to access other
web sites that do not operate under this Privacy Policy. These third-party web sites
may independently solicit and collect information, including personal information,
from you and, in some instances, provide us with information about your activities
on those web sites. We recommend that you consult the privacy statements of all
third-party web sites you visit by clicking on the "privacy" link typically located
at the bottom of the webpage you are visiting.
- Direct mail partners. From time to time we may share our e-mail/postal mailing
list with selected providers of goods and services that may be of interest to you.
- E-mail lists. Users may remove themselves from a specific mailing list by
utilizing the unsubscribe options that are present at the end of each e-mail we
send on behalf of the list owner. Unsubscribing from one list will not automatically
unsubscribe a user from all lists.
- Other Situations. We also may disclose your
information:
- In response to a subpoena or similar investigative demand, a court order, or a request
for cooperation from law enforcement or other government agency; to establish or
exercise our legal rights; to defend against legal claims; or as otherwise required
by law. In such cases, we may raise or waive any legal objection or right available
to us.
- When we believe disclosure is appropriate in connection with efforts to investigate,
prevent, or take other action regarding illegal activity, suspected fraud or other
wrongdoing; to protect and defend the rights, property or safety of our company,
our users, our employees, or others; to comply with applicable law or cooperate
with law enforcement; or to enforce our web site terms and conditions or other agreements
or policies.
- In connection with a substantial corporate transaction, such as the sale of our
business, a divestiture, merger, consolidation, or asset sale, or in the unlikely
event of bankruptcy. The personal information which you provide to us is an asset
of the company and may be included in the assets transferred in the event of a substantial
corporate transaction.
- When we deem it necessary or appropriate including, without limitation, sharing
your e-mail address with other third-parties for suppression purposes in compliance
with the CAN-SPAM Act of 2003, as amended from time to time.
Any third parties to whom we may disclose personal information may have their own
privacy policies which describe how they use and disclose personal information.
Those policies will govern use, handling and disclosure of your personal information
once we have shared it with those third parties as described in this Privacy Policy.
If you want to learn more about their privacy practices, we encourage you to visit
the web sites of those third parties. These entities or their servers may be located
either inside or outside the United States.
Aggregated and non-personal information. We reserve the right to provide
aggregate or group data about OptOut.com users for lawful purposes. Aggregate or
group data is data that describes the demographics, usage, or characteristics of
OptOut.com participants as a group, without disclosing personally identifiable information.
By opening a OptOut.com account, you agree to allow OptOut.com to provide such aggregate
data to third parties. By agreeing to these terms, you hereby consent to the disclosure
of any record or communication to any third party when OptOut.com, in its sole discretion,
determines the disclosure to be appropriate.
Children
The OptOut.com web site and services are not directed nor intended for children
without parental or guardian consent. OptOut.com does not knowingly collect Personal
Information from children under the age of 13.
Third-party reports
The information contained in our reports comes from proprietary sources and third
party suppliers, and is beyond our control to edit, modify, or change. You acknowledge
and agree that we shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such information.
How you can access your information
you have an online account with us, you have the ability to review and update your
personal information online by logging into your
account. You can also review and update your personal information by contacting
us. More information about how to contact us is provided below.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in
you being unable to use certain features of our web site because such information
may be required in order for you to have personalized recommendations presented
to you; register as a user; purchase products or services; ask a question; or initiate
other transactions on our web site.
At any time you can choose to no longer receive commercial or promotional e-mails
or newsletters from us by unsubscribing. In every marketing e-mail communication
we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe
from that specific marketing program by simply clicking the hyperlink provided and
following the instructions provided. We attempt to process all such unsubscribe
requests in a prompt fashion. However, after unsubscribing, we cannot guarantee
that you will never receive another marketing mailing from us, because we may obtain
your e-mail address in the future through a different e-mail marketing program that
you have opted into. We can guarantee, however, that if you should ever receive
another e-mail marketing communication from us, you will be able to remove your
e-mail address via the unsubscribe hyperlink. Unsubscribing from one marketing list
will not automatically unsubscribe a user from all marketing lists. We may send
you other types of transactional and relationship e-mail communications, such as
service announcements and administrative notices, without offering you the opportunity
to opt out of receiving them.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural
measures) to help safeguard your personal information from unauthorized access and
disclosure. For example, only authorized employees are permitted to access personal
information, and they may do so only for permitted business functions. When users
submit information at our web site, their information is protected both online and
offline. The privacy of your personal information is very important to us and access
to your information is strictly limited, and not accessible to the public. The servers
in which we store personally identifiable information are kept in a secure physical
environment. We have security measures in place to protect the loss, misuse, and
alteration of personal information under our control. Currently, we use Secure Socket
Layer Software ("SSL") to protect data and to secure any transactions. SSL encrypts
information, including credit card numbers, names and addresses as they are transmitted
over the Internet. Please be advised that, although we take every reasonable technological
precaution available to protect your data, no data transmission over the Internet
can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information
will be absolutely secure and any transmission of data at or through our web site
is at your own risk.
Please refer to the Federal Trade Commission's web site at http://www.ftc.gov/bcp/menus/consumer/data.shtm
for information about how to protect yourself against identity theft.
To the extent that user credit card-specific information (or alternate user payment
method information, such as PayPay, Google Check-Out, etc.) is collected by us and/or
any of our partners and affiliates, this information will be kept in confidence
and will not be shared with any third parties (other than consumer credit agencies)
without the user's prior informed consent. Notwithstanding the foregoing, OptOut.com,
our partners and affiliates reserve the right to share with third parties the fact
that we have credit card information on file for specific users but we will not
share the specific credit card information with third parties without the user's
prior informed consent.
To the extent that user credit card-specific information (or alternate user payment
method information, such as PayPay, Google Check-Out, etc.) is collected by OptOut.com
and any of its partners and affiliates, this information will be kept in confidence
and will not be shared with any third parties (other than consumer credit agencies)
without the user's prior informed consent. Notwithstanding the foregoing, OptOut.com
and its affiliates and/or subsidiaries reserve the right to share with third parties
the fact that we have credit card information on file for specific users but we
will not share the specific credit card information with third parties without the
user's prior informed consent.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require
disclosure of any personal information relating to users of the web site.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices
and services. When we post changes to this Privacy Policy, we will revise the "last
updated" date at the top of this Privacy Policy. We reserve the right, at our discretion,
to change, modify, add, and/or remove portions of this Privacy Policy at any time.
All Privacy Policy changes will take effect immediately upon their posting on the
OptOut.com web site. We recommend that you check our web site from time to time
to inform yourself of any changes in this Privacy Policy or any of our other policies.
Your continued use of the OptOut.com web site or acceptance of our e-mails following
the posting of changes to these terms will mean that you accept these changes and
agree to continue receiving e-mails from us.
How to contact us
If you have any questions about this Privacy Policy, please contact us at
http://www.OptOut.com/Help/ContactView.aspx or in writing at:
OptOut.com
Customer Service
1915 21ST Street
Sacramento, CA 95811