1. THE INFORMATION SMASHFLY COLLECTS:
User–provided Information: You may provide to SmashFly what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, and telephone number(s)) to communicate with SmashFly or request information, or enter contests or other promotions SmashFly may sponsor, and to use the features and functionality of the SmashFly Website. You may also provide to SmashFly demographic information; information related to your web site such as the name, description and primary language of the site; and company name, telephone number, e–mail address, mailing address, and personal contacts within your company.
SmashFly also provides an area for people looking for a job at SmashFly. In applying for a job or asking for information about a job we may require personal information from you such as your address or e–mail address.
More information about flash cookies is available on the Adobe website at:http://www.adobe.com/special/products/flashplayer/security/index.html
2. THE WAY SMASHFLY USES INFORMATION
SmashFly uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the SmashFly Website, to respond to your requests and/or communications, and to comply with our legal obligations (e.g. the Digital Millennium Copyright Act).
We will use your email address, without further consent, for transactional or administrative communications such as notifying you of major SmashFly Website updates, new releases or product/service information, or to respond to your questions or communications.
If you opt in to receive promotional communications or newsletters from us, you will be able to opt out of receiving these by clicking on the “unsubscribe” link in the promotional email or newsletter received from us. SmashFly uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the SmashFly Website works and looks, and to create new features and functionality.
SmashFly may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the SmashFly application on your system; (b) remember your information so that you will not have to re–enter it during your visit or the next time you access the SmashFly Website; (c) monitor aggregate site usage metrics such as total number of visitors and pages accessed; and (d) track your entries, submissions, and status in any promotions or other activities.
Information submitted to SmashFly as part of applications for employment or for partner candidates is used by SmashFly to evaluate your qualifications for the positions sought.
SmashFly also supplements personal information collected with information from marketing databases.
3. WHEN SMASHFLY DISCLOSES INFORMATION:
SmashFly does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the SmashFly Website becomes publicly available and may be read, collected and used by others without restriction. We are not responsible for the personally identifiable information you choose to submit in these forums.
We also have testimonials on our site. Any user that has provided a testimonial on our site allows us to post their testimonial and personal information on the site.
SmashFly may share aggregate statistical information gathered from you and other Users with advertisers, business partners, sponsor or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on a web site or that Y number of men and Z number of women filled out registration forms. We share such information only on an aggregate and anonymous basis.
SmashFly may disclose User information if required to do so by law or in the good–faith belief that such action is necessary to comply with state and federal laws or respond to a court order, judicial or other government subpoena warrant, or legal process in the manner required by the requesting entity.
SmashFly also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect SmashFly from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third–party claims or allegations; to assist government enforcement agencies as allowed by law; to protect the security or integrity of the SmashFly Website; or to protect the rights, property, or personal safety of SmashFly, our Users, or others.
4. YOUR CHOICES:
You may, of course, decline to share your personally–identifiable information with SmashFly, in which case SmashFly may not be able to provide to you some of the features and functionality found on the SmashFly Website. You may update, correct, or delete your user information and preferences by sending us a request at: info@SmashFly.com. We will respond to your request within 30 days.
You do not need to set up a user id and password to use our web sites because we do not require you to establish your identity when you visit our sites.
5. WEB BEACONS
Our web pages contain electronic image requests (called a “single–pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page, including an ad banner, can act as a web beacon. Web beacons are typically 1–by–1 pixel files, but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We also include web beacons in HTML–formatted newsletters that we send to opt–in subscribers in order to count how many newsletters have been read. SmashFly web beacons do not collect, gather, monitor or share any personally identifiable information about our web site visitors, they are just the technique we use to compile anonymous information about web site usage.
6. OUR COMMITMENT TO DATA SECURITY:
SmashFly uses commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to SmashFly, and you do so at your own risk. Once we receive your transmission of information, SmashFly exercises commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards.
If SmashFly learns of a security systems breach, then we may attempt to notify you directly and/or SmashFly may post a notice on the SmashFly Website if a security breach occurs.
7. OUR COMMITMENT TO CHILDREN’S PRIVACY:
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SMASHFLY WEBSITE AT ANY TIME OR IN ANY MANNER.
SmashFly does not knowingly collect or maintain personally identifiable information from persons under 13 years–of–age. If SmashFly learns that personally–identifiable information of persons less than 13–years–of–age has been collected on or through the SmashFly Website, then SmashFly will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who uses the SmashFly Website, then please contact SmashFly at info@SmashFly.com (or the physical address listed in Section 13 below) to have that child’s information deleted.
8. INTERNATIONAL VISITORS:
For Users visiting the SmashFly Website from the European Economic Area or other non–U.S. territories, please note that any data you enter into the SmashFly Website will be transferred outside the European Economic Area or such other non–U.S. territory for use by SmashFly and its affiliates for any of the purposes described herein. In addition, because SmashFly operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the SmashFly Website, you hereby expressly consent to such transfers of your data to the United States or other countries.
9. IN THE EVENT OF MERGER OR SALE:
In the event that SmashFly is acquired by or merged with a third–party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users to the merger or sale entity as part of that merger, acquisition, sale, or other change of control.
11. EFFECTIVE DATE, DATE LAST MODIFIED:
12. UNSOLICITED E–MAILS:
SmashFly does not send unsolicited e–mails to non–public addresses or to anyone who has asked us not to contact him or her. Any newsletters that we send are only sent to those who have subscribed to them. To stop receiving e–mails or newsletters from SmashFly, either click on an unsubscribe link on the e–mail or newsletter itself or send a request to be unsubscribed toinfo@SmashFly.com.
13. SMASHFLY CONTACT INFORMATION: