Cellfish Media LLC Online Privacy Policy

Last Updated: February 27 2007

This Web site ("Web Site") is published and maintained by CELLFISH MEDIA LLC ("CELLFISH" or "we" or "us" or other similar pronouns), with offices located at 215 Lexington Avenue, 18th floor, New York, NY 10016 . This Privacy Policy governs your use of the Web Site and the services offered on or through this Web Site (the "Services"), as well as CELLFISH's collection, use and disclosure of information on this Web Site and/or through the Services.

By visiting the Web Site and/or using the Services you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our Web Site and/or Services, this policy may change, so check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the CELLFISH Web Site Terms and Conditions of Use Agreement, which governs your use of this Web Site and the Services in general.

Purpose

Your privacy is a serious matter to CELLFISH. In order to make your visits to our Web Site and use of our Services as worthwhile as possible, we collect certain information from your computer each time you visit us, and from your mobile device when you use certain of our Services, and sometimes we ask you for Personal Information (defined below). This Privacy Policy explains, in general, what Personal Information and other information is collected on CELLFISH Web sites in general, including this Web Site and via the Services, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how we treat your Personal Information.

Right to Opt Out

You have the right to "opt-out" of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web Site and/or through our Services, you may have the opportunity to elect to, or not to: (1) receive promotional correspondence from CELLFISH or (2) have your Personal Information shared with other companies or individuals. You may also make this request by sending an e-mail to privacy@cellfishmedia.com. In this e-mail please identify which CELLFISH Web site or Service you are referring to (or all of them) and say whether (i) you would like to opt-out of receiving promotional correspondence (including, for example, e-mail offers) in general, or just via e-mail, postal mail, short message service, instant messaging and/or by phone, (ii) you would like to opt-out of certain of CELLFISH's e-newsletters or correspondence, and if so which ones, and/or (iii) you would like to opt-out of having your Personal Information shared with other companies or individuals. You may also opt-out of CELLFISH e-mails by clicking on an opt-out link within the promotional correspondence you receive, sending an email to support@cellfishmedia.com or opt-out of CELLFISH's promotional email or SMS correspondence or Premium SMS Services by texting "STOP" to the shortcode provided on the Web Site for the particular Service. Please understand that if you opt-out of receiving promotional e-mails or SMS from CELLFISH, we may still contact you by e-mail or SMS in connection with your account with us or to provide you with important information about CELLFISH or this Web Site or the Services. Also, a request to have us stop sharing your Personal Information with other companies or individuals will only apply as of the date of the request, and CELLFISH will not be responsible for any communications that you may receive from companies or individuals that received your Personal Information prior to such request. In these cases, please contact that company or individual directly.

Attention Kids

If you are under the age of 13 (12 or younger), you may not provide any information about yourself to this Web Site. While you may view content on the Web Site, you may not register with the Web Site, use our Services, enter any of our sweepstakes or contests, or participate in any of our chat rooms, bulletin boards or other activities that would let you enter information about yourself or otherwise interact with other users. If we obtain knowledge that a child under the age of 13 has provided personally identifiable information on, to or through this Web Site, we will delete such information.

Note to Parents

CELLFISH will not knowingly collect personally identifiable information from kids under 13. If you have any concerns about this Web Site or the Services, if you wish to find out if your child is a member of one of our Services, or if you wish to cancel your child's membership, please contact us at privacy@cellfishmedia.com. Some of CELLFISH's Services may be accessible by users who are between the ages of 13 and 18. If your child is a user between the ages of 13 and 18, please review this Privacy Policy with your child, and agree to the terms and conditions set forth herein, as well as those set forth on our [Terms and Conditions of Use Agreement] [INSERT LINK], on your child's behalf. Parental discretion is advised for all users under 18.

What Information is Collected on this Web Site and Through the Services?

User Provided Information

CELLFISH does not collect any Personal Information, such as name, address or e-mail address, on the Web Site without the knowledge and consent of the individual submitting such information. (However, when a user uses the Services via their cellular phone or other wireless device, CELLFISH may have access to the user's wireless device number and other account information.) Personal Information is collected from users through such users' activities (for example, without limitation, such users' use of the Services or participation in or contribution to an open or public forum that CELLFISH may make available on or through the Web Site or Services), transactions, completion of online forms on our Web Site (such as registration forms), games and contests and through voluntary online questionnaires that may appear from time to time on the Web Site. Personal Information collected in the course of your use of our Services is further described in the [Terms of Use] [INSERT LINK] applicable to such Services. "Personal Information" includes, for example, name; home and/or business address or other address (like a school address); e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. We may also ask you to provide other information about yourself such as your age, hobbies, likes, dislikes, etc.

You may review the Personal Information that you have provided to the Web Site or through the Services by e-mailing privacy@cellfishmedia.com or writing to CELLFISH at 215 Lexington Avenue, 18th floor, New York, NY 10016 ATTN: Legal Department. We will send you a copy of such Personal Information we have on file in your user account (if any). You may send us new or updated information at any time.
You may be able to send information about our products and Services to your friends and family members and/or other contacts and social networks through our Web Site or via our Services by clicking on a "Send to Friend" or similar button on our Web Site or in a message that we have sent you, or by utilizing a particular feature of a Service designed for such purpose. In some of these cases (unless you simply forward our message on your own or circumvent the designated and permitted feature of a particular Service and send independent or unauthorized messages or correspondence), you may provide the name and e-mail, SMS or other address of your friend, family member or other contact to us. Such information will be treated in accordance with this Privacy Policy and applicable law.

You may also be able to send an online card to a friend or family member, or send them a gift or gift certificate or other similar feature. If so, you may be required to provide us with your friend's or family member's Personal Information. Such information will be treated in accordance with this Privacy Policy and applicable law.

Web Site Usage Information

Cookies

We try to provide you with services, products and offers customized to your interests. In order to do that, we may use "cookies" to keep, and sometimes track, information about you. Cookies are small pieces of data that are sent to your browser from a Web server and stored on your computer's hard drive. Cookies do not gather any Personal Information about you; they simply track where you travel on the Web Site and what you look at. (Cookies may store your login name, which allows you access to our online forums and other features and services.) In doing so, a cookie may enable CELLFISH to relate your use of the Web Site to Personal Information that has already been submitted. Many other Web sites use cookies for very similar purposes.
We use cookies to access your account information (stored on our computers) in order to deliver better and more personalized services; estimate our audience size for our advertisers; assist in processing items in your shopping basket; track the number of entries in our promotions, sweepstakes and contests; and identify which areas of our Web Site you have visited. We may also match information obtained from cookies with data provided by you or collected by third parties. We analyze this data both in the aggregate and in connection with individual users. This information lets us give you the services you want that are connected with your interests. We also may provide the analysis of our users (as a group, of course) to prospective partners, advertisers and other third parties.

Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Refusing a cookie will generally not interfere with your use of a CELLFISH Web site. However, refusal of a cookie may, in some cases, preclude you from using features of a site that require registration.

Clear GIFs

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Web Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

IP Address and Clickstream Data

Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from the Web Site, our servers may log your IP Address. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, to report aggregate information to our advertisers, and to administer our Web Site and Services. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider (i.e. AOL, Earthlink, etc.). We may also link this information with your Personal Information. Our server cannot automatically record your name or e-mail address.

How is the information used?

We will use the Personal Information you provide to our Web Site or via the Services to fulfill a specific purpose. For example, Personal Information will be used to provide and operate our Services, enter you in a sweepstakes or contest, to send an e-newsletter or fulfill a product or service order. We may also use your Personal Information to maintain our internal record keeping. In addition, we may send you e-mail and other notices or otherwise correspond with you about products, services, companies and events that we think might interest you. You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Right to Opt Out section above. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including our other Web sites and print publications and third parties, and such merged information will be treated in accordance with this Privacy Policy.

Does CELLFISH share Personal Information and/or Web Site Usage Information with others?

Third Party Offers

When registering on the Site, CELLFISH may provide visitors an opportunity to receive offers from advertisers and other companies or individuals who have services, products, information and/or offers that we think might be of interest to you. If you do not at that time indicate a preference not to receive such information or offers, CELLFISH may from time to time provide your contact information to these entities so that they may send you these offers. If you no longer want us to share your contact information with others, follow the instructions set forth in the Right to Opt Out section above.

Co-sponsored Contests, Sweepstakes and Offerings

Some of our contests, sweepstakes and other offerings may be co-sponsored by another company. If you provide information to CELLFISH in connection with such a co-sponsored sweepstakes, contest or other promotion, the information you provide will be used for the purpose for which you provided the information and may be shared with that partner or co-sponsor. Your Personal Information may also be used for other purposes that may be disclosed at the time your information is requested.

Aggregate Statistics

CELLFISH reserves the right to analyze user behavior as a measure of interest in and use of our Web Site, Services and e-mails, both on an individual basis and in the aggregate. CELLFISH may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Public Forums

When you contribute to a public area or feature of our Web Site or Services, the information that you submit will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of our Web Site or Services. Instead, make up a username that does not disclose your personal identity.

Legally-Compelled Disclosures

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpeonas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other Web Site or Service users, or anyone else that could be harmed by such activities.

Business Transfer

In the event that CELLFISH or substantially all of its assets are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, customer Personal Information may be one of the transferred assets.

Service Providers

We may use third party partners to help operate our Web Site, our Services and to deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Web Site or Services or for our business (such as Web site or database hosting companies, address list hosting companies, wireless carriers, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that may use such information on our behalf).

Services

If you use our Services, additional information about our disclosure of your Personal Information in connection therewith (e.g., to your wireless carrier) is set forth in the [Terms of Use] [INSERT LINK] applicable to such Services.
For example, by participating in certain of CELLFISH's Services (for example, without limitation, CELLFISH's social networking, social commerce and content sharing service, hereinafter referred to in this Privacy Policy as the "Network"), your Personal Information may be made available to other members of the Network who may contact you and otherwise correspond with you. You may have the opportunity to choose a specific contact point to be used by such other members for such purposes (including, for example, your e-mail address, SMS address, phone number, etc.). If you do not decline to receive such messages at the time you provide your information, or if you change your mind and no longer want to receive any such messages from other members of the Network, you may make such request by visiting our Web-based "Preferences" area/page of your account on/with the Network and changing your elections thereon, or by following the instructions set forth in the Right to Opt Out section above.

Consent to Transfer

By providing Personal Information to this Web Site or through the Services, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories. You also acknowledge that governmental and other authorities in the United States and other countries and territories to which such information is transferred may have a legal right to obtain access to or the disclosure of such information.

Third Party Advertisers

CELLFISH may use third party Web advertising companies to serve ads when you visit the Web Site, such as: Google AdSense. These Web advertising companies may also use cookies and other technologies (such as clear GIFs). The information collected by these companies is generally not personally identifiable information (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). Such information (which, for example, may be about your visits to this and other Web sites) is used for the purpose of targeting ads and measuring ad effectiveness on behalf of advertisers and Web publishers who specifically request it. We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information. For additional information about this practice and to know your choices about not having this information used by these companies, please see the Network Advertising Initiative's consumer Web site at http://www.networkadvertising.org/consumer/opt_out.asp.

Wireless Addresses

If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from CELLFISH (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's message service rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Short Message Service ("SMS")

We may make available on or through this Web Site a service through which you can receive messages on your wireless device via short message service ("SMS Service"). If you subscribe to one of our SMS Services, you thereby agree to receive SMS messages at the address you provide for such purposes (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's message service rates apply to these messages. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. To use the SMS Services, you must be either 18 or 13 years of age or older (depending on which SMS Service you want to use and your carrier restrictions) and reside in the United States. Additional terms and conditions that apply to our SMS Services are set forth in the [Terms of Use]-LINK that apply to such Services.

Access to other Web sites

When you are on a CELLFISH Web site (including this Web Site) or using a CELLFISH Service, you may have the opportunity to visit, or link to, other sites not operated by CELLFISH. These other Web sites, some of which are those of CELLFISH advertisers and partners, may collect Personal Information about you. CELLFISH does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those Web sites or advertisers.

CELLFISH's Right to Change this Privacy Policy

CELLFISH reserves the right to change or update this Privacy Policy, or any other CELLFISH policy or practice, at any time and will notify users of such changes or updates by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site.

Security/Enforcement

CELLFISH will take reasonable steps to protect the security and integrity of all Personal Information provided to the Web Site or Services. However, due to the inherent nature of the Internet as an open global communications vehicle, CELLFISH cannot guarantee that this information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Web Site or the Services, or information collected and maintained by the Web Site or Services, should be immediately brought to the attention of CELLFISH at the customer service e-mail address below. CELLFISH will investigate, and if necessary take action to prevent or halt, any violation of this Privacy Policy of which it becomes aware.
If you contact us by e-mail or a "contact us" or similar feature on our Web Site, you should be aware that your transmission might not be secure. A third party could view information you send by e-mail in transit.
You may be able to create an account on our Web Site and/or through our Services with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site or Services by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CELLFISH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CELLFISH when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at [privacy@cellfishmedia.com] with the alternative contact information you wish to be used.

If you are requested to send us any sensitive Personal Information, such as your credit card number, password, membership number or pin number, in an e-mail or into a web site or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask us by sending an e-mail to our privacy officer at privacy@cellfishmedia.com.

REMEMBER - DO NOT DISCLOSE PERSONAL INFORMATION IN CHAT ROOMS, THROUGH VOICE CHAT, TEXT CHAT OR ON MESSAGE BOARDS, BLOGS, PROFILES OR OTHER SIMILAR FEATURES. WHENEVER YOU DO SO, ALL OF THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS. IF YOU POST PERSONAL INFORMATION IN PUBLIC PLACES, OTHERS MAY SEND YOU UNSOLICITED E-MAIL MESSAGES. BE CAREFUL AND BE SMART WITH YOUR PERSONAL INFORMATION.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at:

Cellfish Media LLC
Attention: Legal Department
215 Lexington Avenue, 18th Floor
New York, NY 10016
Phone: 866-235-7909
privacy@cellfishmedia.com