Privacy Policy

This Privacy Policy describes Remark Media’s policies on the collection and use of your information. Please review it carefully as it applies to those websites owned or controlled by Remark Media, Inc., its affiliates and subsidiaries (“Remark Media,” “us,” or “we”) on which it is posted (the “Sites”). This Privacy Policy does not apply to those of our websites that do not display or link to this Privacy Policy or that have their own privacy policy or to information we may collect from you or about you in other ways, including through emails you may send to us.

Your use of the Sites is your acknowledgement that you have reviewed and consent to the terms of this Privacy Policy.

1. Information Collected Through the Sites

We collect two types of information through the Sites: Personally Identifiable Information and Non-Personally Identifiable Information. This Privacy Policy only applies to information collected on the Sites. We do not knowingly collect any personally identifiable information from children under the age of 13.

Personally identifiable information is information that identifies you personally, such as your name, address, telephone number, email address, or company name. We collect and store the personally identifiable information that you have provided to us. Some examples of how we may collect personally identifiable information on the Sites include:

  • We may collect your email address, first and last name and zip code if you sign up for an online newsletter;
  • We may collect your email address if you contact us with a question;
  • We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; and

These are just some examples of the personally identifiable information that may be collected on the Sites. If you do not wish for us to collect any of your personally identifiable information, please do not provide it to us.

Non-personally identifiable information can be technical information, such as your computer’s web browser version, or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does not identify you personally. Some examples of the non-personally identifiable information we may collect on the Sites include:

  • Internet Protocol (IP) address — Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
  • Cookie — A “cookie” is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Sites previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites. Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain Demographic Information (defined below) and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
  • Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) — “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML- formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
  • Demographic Information — “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information. The above list provides an example of the non-personally identifiable information that is collected via the Sites.

We collect the above non-personally identifiable information from all visitors to the Sites. If you
do not wish for us to have access to this information, please do not visit the Sites.

2. Use of Information Collected Through the Sites

Personally Identifiable Information
If you provide us with Personally Identifiable Information, we will only use it for the purposes described in this Privacy Policy or where it is collected. Primarily, we use it on the Sites to:

  • help us create and publish content most relevant to you;
  • allow you access to certain areas of our websites;
  • register you as a member and develop your profile and enable you to take advantage of our the personalized features of our websites;
  • deliver services, such as educational programs, information, newsletters, or software that you request or purchase;
  • alert you to special officers, updated information, and our other new services or those of other third-parties;
  • forward promotional materials and to fulfill the terms of such promotion;
  • complete a transaction or service requested by you;
  • target our websites to your needs;
  • identify you as a poster or provider of content; and
  • contact you in response to sign up forms such as “Contact Us” or “Order Inquiry”.

Non-Personally Identifiable Information
We may use non-personally identifiable information for the purposes described in this Privacy Policy or where it is collected, or any other legal purpose, including, when and where applicable, combining non-personally identifiable information with personally identifiable information.

3. Sharing & Disclosure of Information

Personally Identifiable Information
We may share or disclose your personally identifiable information in the following instances:

(i) To fulfill a service to you. For example, if you choose to watch an educational video on the Sites, we may share your personally identifiable information in order to provide the program to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.

(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.

(iv) To complete your purchase. If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personally identifiable information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

(v) To comply with the law or in the belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety or property of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from these Sites. In the course of such verification, we may receive personally
identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Non-Personally Identifiable Information
We may share and disclose your non-personally identifiable information for the purposes described in this Privacy Policy or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable information combined with personally identifiable information.

4. Forums, Chat Rooms & Other Public Posting Areas

Any information you include in a message you post to any chat room, forum or other public posting area such as a user profile or blog is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

5. International Transfer of Information

We may transfer information that we collect about you, including personally identifiable information, to subsidiary and affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information about you, including personally identifiable information, to a country and jurisdiction that does not have the same data protection laws as the European Union, and you consent to:

  • the transfer of information about you, including personally identifiable information, to the U.S.; and
  • the use and disclosure of information about you, including personally identifiable information, as described in this Privacy Policy.

6. Third Party Websites

The Sites contain various links to third-party websites, and we are not responsible for the websites or privacy practices of such third-parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on the Sites. Such third parties may gather information about your visit to the Sites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.

We do not endorse these parties, their content, or any products and services they offer. You are responsible for knowing when you are leaving the Sites to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third party.

7. Data Security

Since no data transmission over the Internet can be guaranteed to be secure, we cannot ensure or warrant the security of any information you transmit to us, and you understand that any information you transmit to us is at your own risk. There is no guarantee that any information cannot be accessed, viewed, copied, disclosed, modified or destroyed by any breach of our firewall, security or technology systems.

8. Opt-Out

We regularly communicate with users who register with our Sites via email. For example, we may use your email address to confirm your request, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

However, we do provide you with the opportunity to opt-out of receiving other types of communication from us, such as emails or updates regarding new services and products offered on or through our Sites and any new features or services on our Sites, or sharing or disclosing your personally identifiable information with third parties.

You may opt-out by ticking or un-ticking the appropriate box, if available, at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

9. Privacy Policy Updates

We may update this Privacy Policy from time to time by posting the updated Privacy Policy on our websites to which it applies. Your continued use of the Sites is your acknowledgement of and consent to the terms of the updated Privacy Policy.

10. Assignment

If all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.

11. California Residents’ Privacy Rights

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy statement) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure — typically by opting-in to receive information from a third party. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on our website. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third-party’s privacy policies and practices. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policies and practices of any party that collects your information to determine how that entity will handle your information.

California customers may request further information about our compliance with this law by e- mailing privacy@remarkmedia.com or contacting us as otherwise specified in our Terms. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Last Updated as of August 27, 2012