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Last Modified November, 2007
This website and the various content, features and services offered on this website (collectively, the "Site") is owned and operated by PhatDigit Inc. ("PhatDigit", "we", "us" or "our"). PhatDigit is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. PhatDigit has established this Privacy Policy to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as provided in the "Your California Privacy Rights" section below, this Privacy Policy applies only to information that we collect on the Site or through your wireless telephone or other wireless device with short message services and does not apply to information which we may collect by other means.
Your California Privacy Rights
The following only applies to California residents who have an established business relationship with PhatDigit. PhatDigit does not share the Personal Information we collect from you (whether online or offline) with third parties for their direct marketing purposes without your prior approval. If you provide such approval, we may disclose such Personal Information to PhatDigit’s business partners and/or other third parties for purposes of direct marketing. If you wish to revoke your consent for such information sharing for third party direct marketing at any time after granting such approval, please send us an email at privacy@mofobox.com, or write to us at PhatDigit Inc., 11777 San Vicente Blvd, Suite 777 Los Angeles CA 90049. Your opt-out request will be processed within thirty (30) days of the date on which we receive it. However, please note that opting out of future information sharing with our business partners and/or other third parties will not affect their use of any information that we might have shared with them before you opted out of such sharing. For more information on how your Personal Information is collected, used and shared, please read the remainder of this Privacy Policy.
Information We May Collect
The information about you that we may collect can be divided into the following general categories:
Personal Information You Give Us
In general you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, if you do not provide us with certain requested information, we may not be able to provide certain services and features that may be contained on the Site to you.
The specific types of information we collect from time to time and the reasons for collecting it may vary depending upon the particular circumstances. We may collect Personal Information on the Site such as (a) your first and last name, and (b) your telephone number, email address or other contact details. We may also collect the telephone number of your wireless phone or other wireless device when you communicate with us via text and other forms of messaging. Where practicable, the purpose for which we collect the Personal Information will be made clear at the time of collection. Any Personal Information you give us will be used and disclosed only in accordance with this Privacy Policy.
We may also collect certain demographic information (such as date of birth, gender or age) and information about your interests and preferences ("preferences information"). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we collect such information along with your email address and user name, however, if we ever use any demographic or preferences information together with any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.
For some features of the Site, you may be able to submit information about other people. For example, if you wish to refer a friend to the Site, you may submit your friend’s e-mail address. We will use and store any such information that we collect from you about another person only to the extent necessary to carry out your request, and we will not use such information for any other purpose unless the other person consents to the use for such other purpose. PhatDigit may, at its discretion, send you a confirmation relating to your referred person(s) using any means available through the Site, including email, text and other forms of messaging. For additional terms regarding refer-a-friend programs, please see the Site Terms and Conditions
Information Collected Automatically
From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of cookies, clickstream data and other tracking technologies (discussed further below), in order to determine which areas of the Site are most popular and to enhance the Site for visitors.
Cookies: The Site makes use of a feature of Internet web browsers called "cookies", which are small pieces of information stored by your browser on your computer’s hard drive. Cookies are used to maintain session information between your browser and the Site. They enable our system to recognize your browser and provide services and features to you. Most browsers can notify you when a new cookie is received, or turn off cookies altogether. However, if you turn off the cookies, some services and features on the Site may not function properly or may no longer be available to you. For this reason, we recommend you leave the cookies turned on.
We will only use information obtained via cookies in order to learn about your preferences so that we may improve the Site and the services and features we offer on the Site. You may occasionally get cookies from our advertisers or other third parties with links on the Site. We do not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry. We do not link the information we store in cookies to any Personal Information you submit while on the Site.
Clickstream Data: We may from time to time receive and store certain information relating to your use of, and behavior on, the Site. This information is commonly referred to as "clickstream" information. For example, we may record information such as the areas of the Site you have accessed, the time, date and URL of the pages requested by you, your IP address and your browser software. The recording of such information enables us to monitor the areas of the Site that are most popular and to improve sections of the Site accordingly. We do not link clickstream information to any Personal Information you submit while on the Site, however, if we ever link any clickstream information to any Personal Information, then such clickstream information will be treated as Personal Information under this Privacy Policy.
Information Collected Automatically from your Wireless Device: We may also collect, receive, and/or store information from your wireless phone or other wireless device from time to time to facilitate your use of the Site or the WAP Site. We will use any such information to the same extent and in the same manner as the cookies and clickstream data described above. We do not link any of the information automatically collected from your to any Personal Information you submit while on the Site, however, if we ever link any clickstream information to any Personal Information, then such clickstream information will be treated as Personal Information under this Privacy Policy.
Use And Disclosure Of Your Information
Our Use
As a guide, and in addition to any purpose of which we notify you at the time of collection, we may use information that is collected from you (including Personal Information) (a) to provide you with information or a service or product you have requested from us, (b) to operate the services and features on the Site, (c) to help us gain a better understanding of your likes and dislikes, so as to improve the Site, our marketing strategies and the products, services and features generally offered by us or our related companies and (d) to communicate with you by email, regular mail or, with your permission, via wireless messaging, regarding products or services and to keep you informed of new developments or offers we believe may be of interest to you. We will provide you with the opportunity to decline any such promotional e-mail or wireless communications from us by following the instructions for doing so included in each such e-mail or wireless message; however, we reserve the right to send you certain communications relating to the Site, such as service announcements or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving them.
Disclosure of Aggregated Data
We may group the information we collect from cookies, clickstream data and similar tracking technologies into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. We may also group demographic and preferences information that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.
Disclosure to Our Employees, Contractors, Agents and Service Providers
From time to time we may provide your Personal Information to companies and individuals we engage or employ to perform services on our behalf (collectively "Service Providers"), such as processing credit card payments, fulfilling orders and delivering products, analyzing information, providing marketing assistance and/or providing information technology and related services. Our employees, contractors, agents, advisers and other Service Providers will have access to only that Personal Information required by them to perform their services, and may not use such information for any other purposes, nor are they to provide your information to third parties without your consent.
Disclosure to Other Third Parties
PhatDigit does not share the Personal Information we collect from you on the Site with third parties for their direct marketing purposes without your prior approval. If you provide such approval, we may disclose such Personal Information to PhatDigit’s advertisers and business partners (collectively, "Partners") and/or other third parties for purposes of direct marketing. If you wish to revoke your consent for such information sharing for third party direct marketing at any time after granting such approval, please send us an email at privacy@mofobox.com or write to us at PhatDigit Inc., 11777 San Vicente Blvd, Suite 777, Los Angeles CA 90049. However, please note that opting out of future information sharing with our Partners and/or other third parties will not affect their use of any information that we might have shared with them before you opted out of such sharing.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner, co-owner or operator of the Site of any information about you contained in our database, in the event PhatDigit assigns its rights and obligations regarding any of your information to such subsequent owner, co-owner or operator in connection with a merger, acquisition or sale of all or substantially all of PhatDigit’s assets, or PhatDigit’s assets related to the Site. In the event of such a merger, acquisition or sale, your continued use of the Site signifies your agreement to be bound by the applicable terms of use and privacy policy of such subsequent owner, co-owner or operator.
Finally, we reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.
Security of Your Information
Information Transmitted and Stored Electronically
We attempt to keep our computer server secure and free from unauthorized access and use by implementing a variety of technologies and security measures to prevent unauthorized access to the server including, for example, a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption.
Due to the nature of the Internet, we cannot guarantee that your Personal Information will always be secure during transmission (over the Internet or via telephone and other wireless networks) or storage. We will take all reasonable and appropriate steps to keep our server and transmissions to and from our server secure. However, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information or any events arising from the preceding actions. Please contact us if you become aware or have reason to believe that there has been any unauthorized access to or use of your Personal Information.
Other Security Measures
If you create an account on the Site, you will be asked to choose a password for your account, and your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. We also protect your Personal Information from misuse, loss, unauthorized access, modification or disclosure through the following measures (a) confidentiality requirements for our employees, (b) security measures for systems access and (c) restricting access to personal information to those circumstances where the individual seeking access has satisfied our identification requirements.
Links To Other Sites
Please be aware that when you are on the Site, you could be directed to other websites that are beyond our control, including but not limited to websites owned or operated by our Partners. These other websites may send their own cookies to visitors, collect data or solicit Personal Information. Certain of these other websites may be co-branded with the PhatDigit/MofoBox logo; however, they are not owned or operated by us and we are not responsible for the content or information contained on those websites. Links to or from the Site do not constitute sponsorship, endorsement or approval by us of the content, policies, practices, goods or services offered by or through those websites.
We are not responsible for the privacy policies or practices of the owners or operators of linked websites, or for the collection, use or disclosure of your Personal Information by any third parties (including, but not limited to, our Partners). We encourage you to read the privacy policy of any relevant third party.
Public Venues
Please keep in mind that whenever you give out Personal Information on a "public" venue online (for example, in a message board or chat room), that information can be collected and used by people you do not know. If you choose to voluntarily disclose information in any message board, chat room or similar forum that may be available on the Site, the protections of this Privacy Policy will not cover such disclosure of information. We urge you to use caution when disclosing any Personal Information on these venues. We are not responsible and will not be liable for any opinions, content or other materials posted by users on any such venues, or for the use by other visitors or third parties of any information or content you may post to such venues.
If you use our chat rooms, message boards or other public venues, we will identify you by the screen name that you create. You may also provide additional information about yourself as part of your user profile. This profile information is entirely optional. Please be aware that your screen name and any profile information you choose to provide will be viewable by all users of our message boards or other public venues, so please use caution when choosing a user name or providing any profile information. You agree that you will not disclose Personal Information relating to any other person in a public area of the Site without that person’s express consent.
Correcting/Updating or Removing Information
You may modify or remove any of your Personal Information at any time by logging into your account on the Site and accessing features such as to "Edit Profile" and "Update Account Information".
Children’s Privacy
This Site is not intended for use by children under 13. We do not knowingly collect Personal Information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child’s e-mail address for the sole purpose of responding to the child’s question on a one-time-only basis. However, we will not use the child’s e-mail address to recontact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
Changes to this Privacy Policy
We may amend this Privacy Policy from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Modified" date at the top of this Privacy Policy. We suggest that you visit the Site regularly to keep up to date with any changes. Your continued use of our services or access to the Site will be confirmation of your acceptance of any amendments to this Privacy Policy.
Governing Law
This Privacy Policy and the privacy practices of PhatDigit will be subject exclusively to the laws of the State of New York within the United States of America without regard to its conflict of law principles. PhatDigit makes no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country. Without limiting the foregoing, by providing any Personal Information to PhatDigit, all Site visitors fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information by PhatDigit.
Resolving Privacy Issues; Contacting Us
If you have any comments or questions or have a problem or complaint regarding our Privacy Policy, please click here to send us an email, or write us at our contact information below.
PhatDigit Inc.
11777 San Vicente Blvd. Suite 777
Los Angeles, CA 90049
(c) 2007 PhatDigit Inc. All rights reserved.
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