MEDIActivate, LLC, and all related Websites including
CommissionWizard.com.
Last updated August 23, 2007.
BY VISITING THIS
WEBSITE AND REQUESTING INFORMATION, PRODUCTS OR SERVICES THERON, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE
WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR
USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES
REFERRED TO IN THIS PRIVACY POLICY.
PLEASE NOTE:
THIS PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON
POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE
RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN
ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.
This policy
describes the information collection, use, and dissemination practices of
MEDIActivate, LLC, ("MEDIActivate") and
applies to MEDIActivate's collection, use, storage and disclosure of information
by MEDIActivate on its (a) websites, including all its divisions, subsidiaries
and related companies (collectively, the "Websites"), (b) on various Third Party
websites, and (c) to MEDIActivate's other information collection, including the
purchase of customer lists from Third Parties. MEDIActivate is not responsible
for the information collection or privacy practices of Third Party websites or
applications.
CALIFORNIA
RESIDENTS PRIVACY RIGHTS
Companies that collect personally
identifiable information ("PII") from California residents and disclose such
information to Third Parties (including affiliated entities) for marketing
purposes must, in response to a request by a consumer, either (1) provide a list
detailing the categories of information shared and the entities to which such
information was provided, or (2) provide a mechanism by which a consumer may
opt-out of having their information shared with Third Parties. We have elected
the second option and you may request that your PII not be shared with Third
Parties by sending your request, including your full name, email address and
postal address to: MEDIActivate, 185 Madison Avenue, Suite 1104, New York, NY
10016. In accordance with California Civil Code Sec. 1789.3, California
resident users are entitled to know that they may file grievances and complaints
with California Department of Consumer Affairs, 400 R Street, Suite 1080,
Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email
to dca@dca.ca.gov.
THE INFORMATION COLLECTION, USE AND
DISSEMINATION PRACTICES OF MEDIACTIVATE.
1.
Collection of Information.
1.1
Survey Information.
MEDIActivate
collects information from individuals by various methods, including, but not
limited to, when an individual voluntarily completes a survey, order form, or a
registration page either online or offline, or by means of online or offline
surveys, order forms, or registration pages operated by Third Parties
(collectively, a "Survey"). (As used herein, "online" means using the Internet,
including the Websites, and related technologies, and "offline" means by methods
other than online, including in person, in the postal mail, using telephones and
cell phones, and other similar means.) In the Surveys, MEDIActivate or a Third
Party (a "Third Party") may ask an individual to provide various information to
MEDIActivate, which may include his or her name, email address, street address,
zip code, telephone numbers (including cell phone numbers and carriers), birth
date, gender, salary range, education and marital status, occupation, social
security number, employment information, personal and online interests, and such
other information as may be requested from time to time (together, "Survey
Information"). MEDIActivate may also collect information concerning an
individual from another source and uses that information in combination with
information provided from this web site. Completing the Surveys is completely
voluntary, and individuals are under no obligation to provide Survey Information
to MEDIActivate or Third Party, but an individual may receive incentives from
MEDIActivate or a Third Party in exchange for providing Survey Information to
MEDIActivate.
1.2
Site Membership or Registration.
To the extent
registration is required to receive email and possibly postal communications
from MEDIActivate, this Privacy Policy also applies to consumers that have
agreed to receive e-mail marketing from MEDIActivate, whether at our Website,
via email, on Third Party websites or otherwise. We collect information in
certain portions of our Website, where guests provide content submissions and
suggestions or participate in interactive online activities (i.e., by way of
responding to questions and surveys, community listings, ratings, searches and
comparison searches, bidding, purchasing, chat, games, or bulletin boards,
etc.). The personal profile information you submit to MEDIActivate remains your
property, but by submitting that information to MEDIActivate, you grant
MEDIActivate, the right to use that information for marketing purposes. MEDIActivate,
may also use such information for content improvement and feedback purposes. We
may sell the personal information that you supply to us and we may join together
with other businesses to bring selected retail opportunities to our members.
These businesses may include providers of direct marketing services and
applications, including lookup and reference, data enhancement, suppression and
validation. In addition, MEDIActivate reserves the right to release current or
past member information in the event MEDIActivate believes that the membership
is being or has been used in violation of the Rules or to commit unlawful acts,
if the information is subpoenaed, if MEDIActivate is sold or acquired, or when
MEDIActivate deems it necessary or appropriate. By agreeing to these terms, you
hereby consent to disclosure of any record or communication to any Third Party
when MEDIActivate, in its sole discretion, determines the disclosure to be
appropriate.
"Subscription"
occurs when an end-user registers for MEDIActivate's services, either via
registration at our website, via co-registration at a marketing partner's
website, or via a permission pass / opt-out / no-opt mailing MEDIActivate
collects personally identifiable information about our subscribers, based on:
information gathered at the time of registration, subscriber interaction and
response to subsequent electronic mailings and website use, information provided
by marketing partners, and information appended from data aggregators.
Information collected may include, but is not necessarily limited to: name,
email address, postal address, gender, birth date, telephone number, activity,
interests, user behavior and other demographic information. This information
enables us to better tailor our content to subscribers' needs and to help our
clients to promote and sell their products and services.
1.3
Third Party List Information.
MEDIActivate
collects information from individuals when an individual provides information to
a Third Party and MEDIActivate subsequently purchases, licenses, or otherwise
acquires the information from the Third Party (the "Seller"). Such purchased
information may include, but is not limited to, an individual's name, email
address, street address, zip code, telephone numbers (including cell phone
numbers and carriers), birth date, gender, salary range, education and marital
status, occupation, industry of employment, personal and online interests, and
such other information as the individual may have provided to the Seller
(together, "Third Party List Information"). When acquiring Third Party List
Information, MEDIActivate seeks assurances from the Seller that the Seller has a
right to transfer the Third Party List Information to MEDIActivate and that the
Seller has a right to provide offers from Advertisers to the individuals whose
personal information is included on the Seller's list.
1.4
Other Information.
Other occasions
when MEDIActivate obtains information from individuals include (1) when an
individual is making a claim for a prize or seeking to redeem an incentive
offered by MEDIActivate or by a Third Party, (2) when an individual requests
assistance through MEDIActivate's customer service department, and (3) when an
individual voluntarily subscribes to a MEDIActivate service or newsletter
(together, "Other Information").
1.5
Cookies, Web Beacons, and Other Info Collected Using Technology.
MEDIActivate
currently uses cookie and web beacon technology to associate certain
Internet-related information about an individual with information about the
individual in our database. Additionally, MEDIActivate may use other new and
evolving sources of information in the future (together, "Technology
Information").
(a)
Cookies.
A cookie is a
small amount of data stored on the hard drive of the individual's computer that
allows MEDIActivate to identify the individual with his or her corresponding
data that resides in MEDIActivate's database. You may read more about cookies
at http://cookiecentral.com. Individuals who use the Websites need to accept
cookies in order to use all of the features and functionality of the Websites.
(b)
Web Beacons.
A web beacon is
programming code that can be used to display an image on a web page (by using an
<img src="x"> programming function -- see http://truste.org for more
information), but can also be used to transfer an individual's unique user
identification (often in the form of a cookie) to a database and associate the
individual with previously acquired information about an individual in a
database. This allows MEDIActivate to track certain websites an individual
visits online. Web beacons are used to determine products or services an
individual may be interested in, and to track online behavioral habits for
marketing purposes. For example, MEDIActivate might place, with the consent of
a Third Party website, a web beacon on the Third Party's website where cosmetics
are sold. When Jane, an individual listed in MEDIActivate's database, visits
the cosmetic website, MEDIActivate receives notice by means of the web beacon
that Jane visited the cosmetics site, and MEDIActivate would then update Jane's
profile with the information that Jane is interested in cosmetics. MEDIActivate
may thereafter present offers of cosmetic related products and services to Jane.
In addition to using web beacons on web pages, MEDIActivate also uses web
beacons in email messages sent to individuals listed in MEDIActivate's database.
(c)
New Technology.
The use of
technology on the Internet, including cookies and web beacons, is rapidly
evolving, as is MEDIActivate's use of new and evolving technology. As a result,
MEDIActivate strongly encourages individuals to revisit this policy for any
updates regarding its use of technology.
(d)
Usage Tracking.
1.6
Outside Information.
MEDIActivate may
receive information about individuals from Third Parties or from other sources
of information outside of MEDIActivate including information located in public
databases ("Outside Information").
1.7
Individual Information.
As used herein,
Individual Information means Survey Information, Third Party List Information,
Other Information, Technology Information, and Outside Information, and any
other information MEDIActivate gathers or receives about individuals.
1.8
No Information Collected from Children.
MEDIActivate will
never knowingly collect any personal information about children under the age of
eighteen (18). If MEDIActivate obtains actual knowledge that it has collected
personal information about a child under the age of eighteen (18), that
information will be immediately deleted from our database. Because it does not
collect such information, MEDIActivate has no such information to use or to
disclose to Third Parties. MEDIActivate is designed this policy in order to
comply with the Children's Online Privacy Protection Act ("COPPA").
1.9
Credit Card Information.
MEDIActivate may
in certain cases collect credit card numbers and related information, such as
the expiration date of the card ("Credit Card Information") when an individual
places an order from MEDIActivate. When the Credit Card Information is
submitted to MEDIActivate, such information is encrypted and is protected with
SSL encryption software. MEDIActivate will use the Credit Card Information for
purposes of processing and completing the purchase transaction, and the Credit
Card Information will be disclosed to Third Parties only as necessary to
complete the purchase transaction.
1.10
Links to External Websites.
MEDIActivate's
emails and websites contain links to external websites. You will be taken to
external websites if you click on these links. Your information may be passed
from MEDIActivate's database to the external website, and/or external database,
for your convenience (e.g. your information may be used to pre-fill a form at a
destination website). MEDIActivate is not responsible for the privacy practices
or content of any external website owner. We encourage you to review the
privacy policy of any website they visit.
2.
Use of Individual Information.
2.1
Discretion to Use Information.
MEDIActivate MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE
IN COMPANY'S SOLE DISCRETION.
The following
paragraphs in Section 2 describe how MEDIActivate currently uses Individual
Information, but MEDIActivate may change or broaden its use at any time. As
noted below, MEDIActivate may update this policy from time to time. MEDIActivate
may use Individual Information to provide promotional offers to individuals by
means of email advertising, telephone marketing, direct mail marketing, online
banner advertising, and package stuffers, among other possible uses.
2.2
Email and Unsubscribe Policy.
MEDIActivate uses
Individual Information to provide promotional offers by email to individuals. MEDIActivate
may maintain separate email lists for different purposes. If email recipients
wish to end their email subscription from a particular list, they need to follow
the instructions at the end of each email message to unsubscribe from the
particular list. To unsubscribe from all MEDIActivate's email lists, a person
must send an email to
info@commissionwizard.com.
MEDIActivate's
unsubscribe process impacts only the future delivery of electronic mailings
disseminated by MEDIActivate on its own behalf. You may still receive
electronic mailings sent on behalf of Third Parties and your personal
information may still be shared with Third Parties for use in offline marketing
and data appends, including email appends.
You should also
note that unsubscribing from MEDIActivate's electronic mailings will not
automatically unsubscribe the subscriber's information from any Third Party
associates and licensees of the data. Since Third Party associates and licensee
partners maintain separate databases from MEDIActivate, and you will need to
unsubscribe from each source individually, if desired. This allows you the
freedom to pick and choose which subscriptions to maintain and which to
discontinue.
2.3
Content of Email Messages.
In certain
commercial email messages sent by MEDIActivate, an Advertiser's name will appear
in the "From:" line but hitting the "Reply" button will cause a reply email to
be sent to MEDIActivate. The "Subject:" line of MEDIActivate email messages
will usually contain a line provided from the Advertiser to MEDIActivate.
2.4
Solicited Email.
MEDIActivate only
sends email to individuals who have agreed on the Websites to receive email from
MEDIActivate or to individuals who have agreed on Third Party websites to
receive email from Third Parties such as MEDIActivate does not send unsolicited
email messages. As a result, statutes requiring certain formatting for
unsolicited email are not applicable to MEDIActivate's email messages.
2.5
Targeted Advertising.
MEDIActivate uses
Individual Information to target advertising to an individual. When an
individual is using the Internet, MEDIActivate uses Technology Information (see
also Section 2.7 below) to associate an individual with that person's Individual
Information, and MEDIActivate attempts to show advertising for products and
services in which the person has expressed an interest in the Surveys, indicated
an interest by means of Technology Information, and otherwise. MEDIActivate may,
at its discretion, target advertising by using email, direct mail, telephones,
cell phones, and other means of communication to provide promotional offers.
2.6
Direct Mail and Telemarketing.
MEDIActivate uses
Individual Information to advertise, directly or indirectly, to individuals
using direct mail marketing or telemarketing using telephones and cell phones.
2.7
Use of Technology Information.
MEDIActivate uses
Technology Information (1) to match a person's Survey Information and Third
Party List Information to other categories of Individual Information to make and
improve profiles of individuals, (2) to track a person's online browsing habits
on the Internet, (3) to determine which areas of MEDIActivate's websites are
most frequently visited. This information helps MEDIActivate to better
understand the online habits of individuals so that MEDIActivate can target
advertising and promotions to them.
2.8
Profiles of Individuals.
MEDIActivate uses
Individual Information to make a profile of an individual. A profile can be
created by combining Survey Information and Third Party List Information with
other sources of Individual Information such as information obtained from public
databases.
2.9
Storage of Individual Information.
MEDIActivate
stores the Individual Information in a database on its' computers. Our
computers have security measures (such as a firewall) in place to protect
against the loss, misuse, and alteration of the information under MEDIActivate's
control. Not withstanding such measures, MEDIActivate cannot guarantee that its
security measures will prevent its computers from being illegally accessed, and
the Individual Information on them stolen or altered.
3.
Dissemination of Individual Information.
3.1
Sale or Transfer to Third Parties.
MEDIACTIVATE MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR
ANY PURPOSE IN MEDIACTIVATE'S SOLE DISCRETION.
3.2
Order Fulfillment.
MEDIActivate will
transfer Individual Information to Third Parties when necessary to provide a
product or service that a person orders from such Third Party while using
MEDIActivate's websites or when responding to offers provided by MEDIActivate.
3.3
Legal Process.
MEDIActivate may
disclose Individual Information to respond to subpoenas, court orders, and other
legal processes.
3.4
Summary Data.
MEDIActivate may
sell or transfer non-individualized information, such as summary or aggregated
anonymous information about all persons or sub-groups of persons.
3.5
Access.
Individuals have
access to their Individual Information collected to provide an opportunity for
an individual to correct, amend, or delete such information. Access can be
obtained by contacting
info@commissionwizard.com. MEDIActivate may also grant advertising clients
and email services providers' access to an individual's email address to verify
the origin of the Individual Information collected.
4.
Privacy Practices of Third Parties.
4.1
Advertiser cookies and web beacons.
Advertising
agencies, advertising networks, and other companies (together, "Advertisers")
who place advertisements on the Websites and on the Internet generally may use
their own cookies, web beacons, and other technology to collect information
about individuals. MEDIActivate does not control Advertisers' use of such
technology and MEDIActivate has no responsibility for the use of such technology
to gather information about individuals.
4.2
Links.
The Websites and
email messages sometimes contain hypertext links to the websites of Third
Parties. MEDIActivate is not responsible for the privacy practices or the
content of such other websites. Linked websites may contain links to websites
maintained by Third Parties. Such links are provided for your convenience and
reference only. MEDIActivate does not operate or control in any respect any
information, software, products or services available on such Third Party
websites. The inclusion of a link to a web site does not imply any endorsement
of the services or the site, its contents, or its sponsoring organization.
4.3
Affiliated Companies.
MEDIActivate may
disclose, transfer, and sell Individual Information to entities affiliated with
MEDIActivate in MEDIActivate's discretion.
5.
Unsubscribe Procedures.
If you wish to
discontinue receiving email messages from MEDIActivate, you have several
options:
(a)
Unsubscribe from one email list.
To unsubscribe
from a particular list, either (1) send an email to
info@commissionwizard.com or (2) follow the instructions in each promotional
email message sent by MEDIActivate.
(b)
Unsubscribe from all of MEDIActivate's email lists.
We reserve the
right to add Individual Information to multiple lists maintained by MEDIActivate.
To globally unsubscribe from all of MEDIActivate's lists, send an email to
info@commissionwizard.com.
For more
information about protecting your privacy, you may wish to visit: www.ftc.gov.
If you have
questions about this policy, please contact us at
info@commissionwizard.com.
