PRIVACY POLICY
BACKGROUND
Lockerz, Inc. ("Lockerz","we",
"us", "our") provides a website located at http://www.lockerz.com/ and any other websites
owned or operated by Lockerz (collectively, the
"Website") for users of the Website ("Member(s)",
"User(s)", "you"). This Privacy Policy explains our
policies regarding information you provide and we collect and how we may use or
disclose that information. We value your privacy and provide this Privacy
Policy to help you make informed decisions about your use of the Website.
The Privacy Policy is part of and subject to the Website's Terms of Use. By becoming a Member or using any part of the Website or its resources, features, functionality or services (hereafter referred to as the 'Service'), you agree that you and any personally identifiable information provided are subject to the Terms of Use and this Privacy Policy.
INFORMATION WE
COLLECT AND HOW WE USE IT
We do not collect personally-identifiable information about you unless you
provide us with such information via registration as a member
("Member") or participation in or use of the Service, Member services
or otherwise, including without limitation when you choose to connect or sign
on to the Website through a third-party service, upload photos, post comments, collect
and disclose videos, or take part in any promotions. We also may require
you to provide additional personally-identifiable information when utilizing
Member services, registration, or features, such as name, email address, your
phone number, billing, shipping and other credit card or payment processing
information. Without intending to be exhaustive but by way of example of
provided information:
As part of registration, you are required to give contact information such as
name, address, email address and date of birth. We request and use this
information for various Member-related purposes, including determining your
eligibility to use the Website, maintaining and monitoring an account
associated with your membership, and determining eligibility for and/or
availability of features or services.
As part of features or services involving merchandise or goods, we also use and
may share or disclose certain personally identifiable information to address
fulfillment requirements including billing, payment, and shipping. For
example, to send you a good, we may use a third-party shipper and, in turn will
provide that shipper with the necessary information to have them deliver the
good to you. Any credit card or other method of payment made by you will be
through a third-party payment processor which will determine the information it
needs from you and will be responsible for obtaining and maintaining that
information from you under its own terms and policies, including whether any of
that information is shared with us and, if so, under what conditions.
Under no circumstances do we permanently store credit card information
either on or outside the Website.
As part of your use of PTZ to obtain any merchandise or goods or in the course
of participating in any promotion, challenge or contest, you consent to and
authorize Lockerz to share, disclose or otherwise use
your name and any image or photo you previously provided on the Website and
your first name and initial of your last name in communications to members to
publicize the Website's features or services and/or your securing such
merchandise or goods. For example, your first name and last initial may
appear in a member communication containing a list of members who successfully
redeemed PTZ for a product.
You may invite others to become members. If you do, we will ask you for
your friend's email address. We automatically will send your friend an
email inviting her or him to visit the Website and join. Lockerz
will not resend this invitation unless you specifically request that we do so.
Lockerz stores the email information you have
provided for the sole purposes of sending this email and assessing elements of
the invitation program. If your friend wishes to have this information
removed from our database, your friend may contact us at support@lockerz.com to request this
action.
You may voluntarily upload photos or images that contain your likeness and/or
that of others, post or share comments or reviews that may contain or disclose personally
identifiable information, or disclose or collect video content that contains
personally identifiable information. In doing so, you acknowledge and
agree that all such information you post, collect, or otherwise make available
on or through the Website or Service becomes a Submission under the Terms of
Use and published content that (1) no longer constitutes personally
identifiable information subject to the Privacy Policy and (2) becomes publicly
available such that it can be collected, viewed, redistributed, and used by
others, including without limitation, on the Website and, more broadly, through
the Internet and other media channels.
In addition to information you provide and we maintain, we may collect certain
information by automatically recording your IP address, placing
"cookies" on your computer (see below for more details), and/or
creating log files or mechanisms to help us recognize your browser, enable your
use of certain Website functionality, diagnose problems with our server,
administer and improve our Website, understand your preferences, tailor
advertising or other information for you based on information derived from your
IP address, 'cookies' or log files, and generally enhance your overall
experience on the Website and/or with the Service.
We gather broad demographic information about our Members as well as specific
information associated with your use of the Service or particular Website
features (e.g. frequency of use and purchase and viewing history) and any other
information you provide to us directly or via your use of the Website. We use
your information (personally identifiable and non-personally identifiable) to
personalize your experience and support your use and access to information
regarding the Website and the Service (including in connection with
Website-related maintenance, performance, design, backup and analysis, service
updates, and your membership), analyze usage, respond to inquiries from you,
notify or update you about features and promotions, fulfill your orders,
provide customer service, address or prevent potentially prohibited and/or illegal
activities, and determine compliance with and enforce the Terms of Use,
including this Privacy Policy.
We also may share, disclose, or otherwise use your personally-identifiable
information or likeness with your consent or authorization, including without
limitation, such information collected through a third-party service which you
have chosen to provide us by using that service to connect or sign on to the
Website. We do not, however, share your personally identifiable
information with third-party companies for their commercial or marketing use
without your consent or except as part of a specific program or feature for
which you have an ability to opt-in or opt-out using a commercially reasonable
means.
We may collect and report to third parties non-personally identifiable
information about our Members or users such as demographics (e.g., if half of
our Members are women between the ages of 15 and 19, we may provide that
general information to a content or service provider), opinions (e.g., Members
from a particular region prefer one product over another), and usage and
behavior (e.g., Members who watched an original Lockerz
video also redeemed their PTZ for Lockerz
merchandise).
Cookies—When you visit the Website, we may send one or more cookies - a
small text file containing a string of alphanumeric characters - to your
computer that uniquely identifies your browser. We use both session
cookies and persistent cookies. A persistent cookie remains after you close
your browser. Persistent cookies may be used by your browser on subsequent
visits to the website. Persistent cookies can be removed by following your web
browser help file directions. A session cookie is temporary and disappears
after you close your browser. We do use cookies to store certain
information like your PTZ totals and to track and target our Members' use of
the Website and to enhance their experience on the Website.
You can reset your web browser to refuse all cookies or to notify you when a
cookie is being sent so that you can accept or refuse it. However, please
note that some features of the Website may not function properly or as intended
if the ability to accept cookies is disabled. Also, if you change your
computer, change your internet browser (e.g. from
Internet Explorer to Firefox), or delete all your cookies, you will need to
renew your preferences.
Log File Information—When you use the Website, our servers automatically
record certain information that your web browser sends whenever you visit any
website. These server logs may include information such as your web request,
Internet Protocol ("IP") address, browser type, browser language,
referring/exit pages and URLs, platform type, number of clicks, domain names,
landing pages, pages viewed and the order of those pages, the amount of time
spent on particular pages, the date and time of your request, and one or more
cookies that may uniquely identify your browser.
Clear GIFs Information—When you use the Website, we may employ
"clear GIFs" (a.k.a. Web Beacons) which are used to anonymously track
your online usage patterns (i.e., in a non-personally-identifiable manner). In
addition, we may also use clear GIFs in HTML-based emails sent to you to track
which emails are opened by recipients.
CHILDREN'S PRIVACY
Pursuant to the terms of the Children's Online Privacy Protection Act
(COPPA), we do not knowingly collect personally–identifiable information
from children under the age of thirteen (13). The Website and the Service are
not directed at children under the age of thirteen (13), and by using the
Website or Service and/or registering as a Member, you represent that you are
not under the age of thirteen (13). Parents or legal guardians
may not agree to the Terms of Use, this Privacy Policy, or the
disclosure of such child's personally–identifiable information on such
child's behalf. If we learn that personally identifiable information of
persons less than thirteen (13) years of age, then we will take appropriate
steps to delete this information.
SECURITY AND CONFIDENTIALITY
The security of your personally-identifiable
information is important to us, and so we take commercially reasonable steps to
maintain the security of that information. Without being exhaustive, some of
those steps include: When you want to make a payment to us, we do not take the
payment processing information but instead direct you to a third party payment
processor that encrypts that information using secure socket layer technology
(SSL); we use measures to monitor and review account activity and behavior in
an effort to detect fraudulent activity or other anomalies; we also allow you
to choose privacy settings for certain social networking or other portions of
the Website. However, no method of transmission over the Internet or method
of electronic storage is perfect or100% secure. Nor can we control the
actions of other users or members with whom you share your information.
Therefore, we cannot and do not guarantee or warrant the security of any
information you provide through your use of this Website, including without
limitation, no guarantee that only authorized people will view your information
and that the information may not be disclosed, accessed, altered, become
publicly available, or even destroyed. You agree that you provide information
at your own risk and specifically release us from any liability related in any
way to such information or breach of security. Likewise, we are not responsible
for any third party violations or efforts to circumvent any privacy settings or
security measures on the Website. Any user identification names or
passwords you use (whether provided by you or us) shall be maintained by you as
confidential and should not be shared with anyone not authorized to have access
to your personally–identifiable information. You are responsible for and
should take steps to reduce the risk of disclosure of such identification names
or passwords, including, without limitation, using different passwords than you
use elsewhere, using strong passwords, and updating your antivirus software on
a regular basis. You acknowledge and agree that any information posted by you
or provided to us to be posted (e.g. Meet a Member answers, Hallway or other
posts, etc.) on publicly accessible portions of the Website (including, without
limitation, MyLocker or Hallway) may be read or
utilized by any person with access to such portions of the Website.
Creating your own social network can be fun and rewarding, but remember to be
mindful about information and images you post and with whom you choose to
connect or share information. We suggest you avoid posting or sharing
information, photos, videos or other content that you do not want to become
public, would not share with a stranger (or that you wouldn't want a co-worker,
parent or future employer to view) and/or that provide personal information
about you or where you live or work. Keep in mind that there is no guarantee
that a Member or user is who they say they are, and that you should be cautious
about connecting with people (on or away from the Website) you "meet"
via the Website, but don't otherwise know personally.
Finally, we reserve the right to take any action with respect to information
posted on the Website, including, but not limited to, taking down information
or other materials and terminating your Membership and rights of use, but we
cannot, nor do we, review, edit and/or control the information provided by any
Member or content provider which is made available through the Website.
Members are responsible for the contents of and activities in the account
associated with their membership. We also use the account information to
determine eligibility for or make certain features or services available to
members. Therefore, if there are errors in the account information or your
personally identifiable information changes or needs to be updated, you are
responsible for making the needed corrections or updates and should do so
through the My Account section of the Website.
If you have any questions about information security or confidentiality on the
Website, please contact us at support@lockerz.com.
PLAY, LOCKERZ
PHOTOS, VODPOD, FORUM, FWB;), AND 24/7,
Without attempting to be exhaustive but in an effort to avoid any confusion
or doubt, you acknowledge and agree as a condition of your use of the Website,
including without limitation, PLAY, Lockerz Photos, VodPod, Lockerz Forum, fwb;), and 24/7, that your first and last name or some
portions thereof (not other personally-identifiable information) and images, as
provided by you to Lockerz, may be used by Lockerz to authorize and permit your participation in the
Service and/or activities offered and may be displayed or used on other
portions of the Website, including PLAY, Lockerz
Photos, VodPod, Forum, fwb;),
and/or 24/7, where it will become public now and in the future to all those who
have access to the Website and possibly beyond. Lockerz
is not responsible for any personally-identifiable information or images,
including your name, likeness, or the names and/or likenesses of others
contained in the images, that you hereby authorize to be disclosed in any of
these accessible portions or elsewhere on the Website (whether it remains here
or is reposted or disseminated elsewhere by you or others) and that you, as the
person responsible, will not post information you are not comfortable sharing
with strangers and do not agree to make public, including persons who may not
be Lockerz members or users. Any post, comments,
collections, names, materials or other communications you make on, through, or
in relation to Lockerz Photos, VodPod
or Forum will be deemed a Submission under the Terms of Use and may be treated
as such by Lockerz. You understand and agree that Lockerz has the right to modify, limit or discontinue Lockerz Photos, VodPod, Lockerz Forum, fwb;), or 24/7 , or any portions thereof at any time for any or no
reason. Lockerz, in its sole discretion,
reserves all rights to edit, block, take down or otherwise restrict or remove
any post, material, communication of any kind, or any portion thereof you have
made or offered on or through Lockerz Photos, VodPod, Lockerz Forum, fwb;), and 24/7, and to do so for any or no reason. You
also understand and agree that you are responsible for all communications made
through your membership account. Therefore, any communications made through
your membership account that are or could be considered offensive, vulgar,
threatening, harassing, sexually explicit, violent or unsafe, in violation of
or encouraging the violation of laws, regulations, or any of Lockerz's Terms of Use, rules or policies, or otherwise
inappropriate for display on the Website not only may be taken down (or such
other action as Lockerz chooses) but will violate the
Terms of Use and subject you to action, up to and including termination of your
Membership.
MEMBER PREFERENCES OR
SETTINGS AND OPTING OUT
We will not sell, trade, rent or share your personally–identifiable
information with third parties other than as disclosed in this Privacy Policy
and/or unless you consent to such disclosure (via direct agreement to such
disclosure or your request to receive information from a third party that is
selling goods or services or otherwise participating in an activity on the
Website).
If you have opted–in to receiving marketing information from such third parties, you may contact those parties to opt–out of receive such communications from them.
We reserve the right to disclose (on a confidential basis) and/or transfer your personally–identifiable information to our affiliates, or to a third party in connection with the sale of all or substantially all of our stock or assets.
THIRD PARTIES
We may allow advertisers, third party advertising networks and third-party
advertising serving and other companies to serve or enable other sites to serve
advertisements directly to you, and/or enable other services through the use of
our Website, Service, and software. By serving these advertisements directly to
you, these companies can set their own cookies on your computer and trigger
their own Web beacons. We do not have access to or control over these
third-party cookies or beacons, and they are not covered by
this Privacy Policy. If you would like to contact the advertisers,
third party advertising networks and third-party advertising serving companies
or other companies with which we have relationships to learn more about their
privacy policies and what options (if any) they offer to opt out of their data
collection, please visit their web site(s). Some of these companies are
participants in the Network Advertising Initiative ("NAI"), a
cooperative of online marketing and analytics companies committed to building
consumer awareness and establishing responsible business and data management
practices and standards and/or the Digital Advertising Alliance ('DAA') which
similarly has a program for online behavioral advertising that offers consumers
a better understanding of and greater control over ads that are customized
based on their online behavior (also called "interest-based"
advertising). Click to learn more about NAI and how you may opt-out of
targeted advertising delivered by NAI member ad networks and about DAA and opting out. If you
prefer not to receive interest based content and advertisements, or do not wish
to enable other services which make use of our data, you can always opt-out by clicking here. After you opt-out,
we will not enable or serve interest-based content and targeted advertisements
or enable the other services. Please note that opting-out does not turn off
other advertisements and does not cover the collection of Log File Information
(though no ads are sent to you in connection with such services).
We do not provide any personally identifiable information to these third-party
advertisers, advertising networks or advertising servers without your consent
or except as part of a specific program or feature for which you have the
ability to opt-in or opt-out (see, e.g., NAI and DAA. However, please note
that if an advertiser has asked us to show an advertisement to a certain
audience (e.g., women ages 18-25) or audience segment (e.g., members 18-25 who
have viewed certain content on the Website) and if you respond to that advertisement,
the advertiser or ad server may conclude that you fit the audience or audience
segment specified. An advertiser also may use information (but not any
personally identifiable information) regarding your use of the Website, such as
the number of times you viewed an ad, to determine which additional ads to
deliver to you.
In addition to the third party advertisers, ad networks and ad servers, this
Website also may contain links to other third-party websites. This
Privacy Policy does not apply to, and we are not responsible for the content or
privacy practices of such websites, advertisers, ad networks or ad servers.
You should familiarize yourself with their respective privacy policies
prior to using any such third-party websites.
LEGALLY REQUIRED DISCLOSURES OR HARM PREVENTION
We may be required by applicable law, subpoena, court order or other legal
process (including without limitation, rendering assistance to government
enforcement agencies) to disclose or retain for some period your personally–identifiable
information and/or non-personally identifiable information. It is our policy to
comply with any such requirements (including a good faith belief that such
requirement exists), and you agree we shall have no liability for any such disclosure
or retention. We may also securely communicate your information to credit
reporting and/or law enforcement agencies solely in connection with, and
restricted to, their assistance in preventing or assessing fraudulent and/or
unlawful transactions via the Website. We also may share, disclose, or
otherwise use your information if we have a good faith belief that doing so is
necessary (1) to prevent injury and/or to protect the rights, property, or
personal safety of Lockerz, its Member(s), users or
others, (2) to protect the security or integrity of the Website, (3) to take
precautions to preclude or limit liability or to enforce the Terms of Use or
this Privacy Policy, or (4) to prevent illegal activity, including without
limitation, fraud.
COMMUNICATIONS TO AND
FROM US
If you use the Contact Us link, you will be directed to a form which asks
for your name and email address, for you to select a topic from the drop down
box, and for your message. We will use this information to respond to
your inquiry.
By becoming a member, you also have agreed to receive various communications
from Lockerz. We may use personally-identifiable
information you have provided in order to transmit those communications to you.
Such communications include but are not limited to a welcoming email when
you become a member, responses to your inquiries to us, inquiries to you that
we may have related to your membership, account activity or your use of any
feature or service on the Website, and notices of developments related to the Website
(e.g., service or technical issues, current or new features or services, etc.).
We will offer commercially reasonable means to permit you to
opt–out of receiving certain such communications.
CALIFORNIA SHINE THE
LIGHT LAW
Under California's 'Shine the Light' law, California residents who provide
personal information in obtaining products or services for personal, family or
household use are entitled to request and obtain from us, once per calendar
year, information about the customer information we shared, if any, with other
businesses for their own direct marketing uses. If applicable, this information
would include the categories of customer information and the names and
addresses of those businesses with which we shared customer information for the
immediately prior calendar year (e.g., requests made in 2010 will receive
information regarding 2009 sharing activities). To obtain this information from
us, please contact us, and
choose 'Request for California Privacy Information' for the subject of your
message, and we will send you a reply e–mail containing the requested
information. Not all information sharing is covered by the 'Shine the Light'
requirements and only information on covered sharing will be included in our
response.
CONSENT TO PROCESSING
OF INFORMATION IN THE UNITED STATES
Notwithstanding your country of origin, or country, state and/or province
of residence, by utilizing the Website and/or directly providing personal
information to us, you hereby agree to and acknowledge your understanding of
the terms of this Privacy Policy, and consent to have your personal data
transferred to and processed in the United States and/or in other jurisdictions
as determined by Lockerz.
Modifications
We may update this Privacy Policy from time to time as we modify or expand
our Website by posting the updated Privacy Policy on our Website. We suggest
that you check back from time to time in order to understand how we treat your
information.
Contact Us
If you have any questions about this Privacy Policy, the practices of this
Website, or your use of this Website, please use privacy@lockerz.com, with a subject line
labeled Privacy Policy, or write to us at Lockerz, 100
S. King Street, 6th Floor, Seattle, WA 98104 Attn:
Privacy Policy.
Updated September 22, 2011
