FESTIVEBAR™
PRIVACY POLICY
Last Updated: October 6 , 2011
Mindspark Interactive Network, Inc. (“Mindspark”), respects the privacy of users of our FestiveBar™ (“FestiveBar” or “Toolbar”); any related services and software (collectively “Services”), and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. These privacy policies (the “Privacy Policy”) are intended to describe for you, as an individual who is a user of the Services, 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 the Services. By using any of the Services, you are accepting the practices described in this Privacy Policy. Mindspark Interactive Network, Inc. is a part of the IAC/Interactive Corp. family of businesses (www.iac.com), which includes Ask.com, iWon.com, Girlsense.com, Vimeo.com, Match.com, College Humor, and many others.
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.
Access to and use of the FestiveBar is conditioned on the download and continued installation of the FestiveBar downloadable toolbar application, which is governed by the End User License Agreement available here . The information collection practices on the FestiveBar are governed by this Privacy Policy.
INFORMATION WE COLLECT ABOUT YOU
In General. The Services do not require registration. However, you may be required to register to use certain aspects of the features available on or via the FestiveBar. Except as provided for in the relevant privacy policy(ies), we do not collect any personally identifiable information (such as names or email addresses) about you, unless you specifically decide to provide such information (such as by emailing a help request to us). The Services may collect the following information:
Information collected automatically. We automatically collect information from your browser when you use the FestiveBar. 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” below), and the referring website address.
Cookies. When you use the FestiveBar, we may assign your computer one or more cookies , to facilitate access to our site(s) and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site(s), such as the web pages you visit, the links you click, and the searches you conduct on our site(s). Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies , please note that you may not be able to use some of the features offered on or via certain Services.
Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the FestiveBar. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information collected by Partners. By using the FestiveBar, you may have the ability to access certain sites or features provided by one or more of our third party partners. The privacy practices relating to any such partners may be found on their respective websites. We strongly recommend you take the time to familiarize yourself with these practices prior to using the relevant site or feature
Information collected by other third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies and ad networks, to display advertisements or place ad tags or beacons on our site. These companies may use tracking technologies, such as cookies , to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Unless expressly stated otherwise, the Services do not provide any personal information to these third parties Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
Social networking sites. . By logging into a product via Facebook or posting product-related information to Facebook, you are granting Mindspark permission to access and use general information about you, as provided by Facebook. For example, per Facebook’s current policies, Facebook may provide Mindspark access to your names, profile pictures, gender, user IDs, connections, and any content shared using the “Everyone” privacy setting. Facebook may also make information about the location of your computer or access device and your age available to applications and websites in order to help them implement appropriate security measures and control the distribution of age-appropriate content. We strongly recommend that you review Facebook’s policies to make sure you are comfortable with the ways in which they use information you share with them.
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;
develop and display content and advertising tailored to your interests on our 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.
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 FestiveBar.
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 fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, providing email or electronic message delivery, and supporting contests, sweepstakes, surveys and other features offered through our Services. 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: When you use the Services, we may share personal information with the businesses with which we partner to offer you those products and/or services. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.
Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies.
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 a 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, in our sole discretion.
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 Website 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.
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 websites 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 may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our FestiveBar and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
THIRD-PARTY WEBSITES
When using certain of the Services, you may choose to click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on a news link or advertisement, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.
YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can choose not to allow Mindspark to collect certain information, but that may result in you being unable to use all of the features of the FestiveBar.
You may tell us not to share your personal information with third parties or the IAC family of companies for direct marketing purposes by clicking on the following link and entering the email address associated with your account: email us at info@help.festivebar.com.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your information from unauthorized access and disclosure. For example, only authorized employees are permitted to access your information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of any personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our FestiveBar. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
CHILDREN’S PRIVACY
The FestiveBar is accessible to the general public, and we do not knowingly solicit or collect personal information from children under the age of 13. If you believe we might have collected information from or about a child under the age of 13, please contact us at privacy@mindspark.com
VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES
This Privacy Policy is intended to cover collection of information via the FestiveBar Services from residents of the United States. If you are using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
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 website.
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. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address), and/or by prominently posting notice of the changes on the FestiveBar homepage and/or fanpage. We recommend that you check the homepage and/or fanpage from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
HOW TO CONTACT US
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by email or postal mail as follows:
Mindspark Interactive
Network,
Inc.
One North Lexington, 9th
Floor
White Plains, NY, 10601
ATTN: Privacy Officer/Legal
Dept.
END OF DOCUMENT.
© 2011 Mindspark Interactive Network, Inc. All rights reserved.
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Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. When you sign in to your account on our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
We may allow third-parties, including IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you. The collection and use of that information is subject to the third-party′s privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user′s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may include web beacons in promotional [or other] e-mail messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.