STICKAM™ PRIVACY POLICY
1. Introduction
1.1 Purpose of Policy
Advanced Video Communications ("AVC," "us" or "we")
is committed to respecting the privacy rights of its members, visitors, and
other users (collectively, "members," "you" or “users”)
of Stickam. This Stickam Privacy Policy is provided to help you make an informed
decision whether to continue to visit and use Stickam, and to demonstrate our
commitment to fair information practices and the protection of privacy. This
policy is only applicable to Stickam, and not to any other websites that you
may be able to access from Stickam, each of which may have data collection
and use practices and policies that differ materially from this Privacy Policy.
This Privacy Policy is incorporated into and subject to the Stickam Terms of
Service. Both the Privacy Policy and the Terms of Service govern your interaction
with Stickam, and your registration for and use of Stickam.
1.2 About the Service
Stickam is a web-based interactive multimedia communications service that allows
members to interact and communicate with the Stickam community over the Internet
by sharing their own media content and personal information. The PayPerLive
service is a venue provided by AVC where Stickam Members who have registered
for the PayPerLive service can sell access to their content. To accomplish
this, each Stickam member creates his or her own profile, which contains Personal
Information (defined further in Section 2.1(b) below) that the member chooses
to include. Such Personal Information includes, but is not limited to, the
member’s name, age, occupation, location, marital status, and other similar
personal information; it may also include shared content uploaded by the member
to Stickam, such as photographs, video and audio files, which may contain the
member’s Personal Information and likeness.
1.3 Notice Concerning Children
PLEASE NOTE: Stickam and any products or services provided
therein are limited to audiences fourteen (14) years old or older. Stickam
does not direct any content specifically at children. If we learn or have reason
to suspect that a user is underage, we will promptly delete any Personal Information
in that user’s account.
2. Information Collection Practices
2.1 Types of Information Collected
AVC collects the following types of information about users:
(a) Non-Personal Information. When you use Stickam, our servers automatically
record information that your browser sends whenever you visit any website.
These server logs automatically track and collect the following categories
of information when you visit our websites: 1. IP Addresses; 2. domain servers;
3. types of computers accessing the website; and 4. types of web browsers used
to access the website (collectively "Traffic Data"). Traffic Data
is anonymous information that does not personally identify you but is helpful
for marketing purposes or for improving your experience on Stickam. We also
use "cookies" (defined in Section 2.2(g) below) in order to customize
content specific to your interests, to ensure that you do not see the same
advertisement repeatedly, to store your password so you do not have to re-enter
it each time you visit the site, and to restrict the access of users who have
violated our Terms of Service.
(b) Personal Information. In order for you to access certain services that
we offer via Stickam (including registration for a profile, and the use of
chat rooms and message boards), we require you to provide us with certain information
that personally identifies you ("Personal Information"). Personal
Information includes the following categories of information: 1. Contact Data
(such as your name, mailing address, e-mail address); 2. Demographic Data (such
as your gender, age, occupation, location, and marital status); and 3. Profile
Data (such as your Member name, interests, and content uploaded by you to Stickam,
such as photographs, video and audio files, which may also contain your personal
information and likeness). If you communicate with us by e-mail, use any of
the Stickam communication tools such as instant messaging, and video chat,
or post messages to any of our chat groups, bulletin boards, or forums, or
otherwise complete online forms, surveys, or contest entries, any information
provided in such communication may be collected as Personal Information. If
you are a PayPerLive Host (seller), we will collect your credit card information.
We do not collect credit card information of PayPerLive buyers.
2.2 Use and Sharing of Information
(a) AVC Use of Information. AVC uses your Personal Information internally in
order to promote and operate Stickam, and to introduce users to new features,
areas or content of Stickam. For example, we use your Demographic and Profile
Data to customize and tailor your experience on Stickam and/or services, displaying
content that we think you might be interested in and according to your preferences.
In addition, we use Contact Data to send you information about our Company
or our products or services, or promotional material from some of our partners,
affiliates, or to contact you when necessary.
(b) Sharing of Non-Personal Information with Third Parties. We may share aggregate
Traffic Data with third parties who assist us in understanding the needs of
our Members and users, and to continually improve Stickam for them. We share
Demographic Data with advertisers and other third parties only on an aggregate
(i.e., non-personally-identifiable) basis.
(c) Sharing of Personal Information with Third Parties. We share Contact Data
with our affiliate companies who may want to send you information about their
“family friendly” products or services. We also share Contact Data with our
contractors who assist us by performing core services (such as hosting, data
storage and security) related to our operation of the Stickam. Those affiliate
companies and contractors have all agreed to uphold the same standards of security
and confidentiality that we have promised to you in this Privacy Policy, and
they will only use your Contact Data and other Personal Information as necessary
to carry out their specific contractual obligations to AVC. If you are a PayPerLive
Host (seller), we will disclose your credit card information to those companies
that AVC uses to authorize and process credit card payments. Your credit card
information will never be intentionally disclosed to any other Member or third
party.
(d) Display of Personal Information. Any Personal Information (including video
content) that you disclose on the Stickam (for example, on message boards or
chat rooms, or within your personal profile page) becomes publicly available
and can be collected and used by others. Your account name and other profile
information (but not your email address) is displayed to other internet users
when you upload videos or send messages through Stickam, and you can be contacted
by other users who send you comments. Any videos or other content that you
submit to Stickam (including any Personal Information contained therein) may
be distributed through the internet and other media.
(e) E-mail Invitations. Members can invite friends to join Stickam by sending
invitations via our automated invitation system. Stickam stores the email addresses
that members provide so that the respondents may be added to the friend’s list
of the member sending the invitations. Recipients of invitations from Stickam
may contact AVC to request the removal of their information from our database.
(f) Other Uses of Data. We may provide Traffic Data and Personal Information
in response to subpoenas, court orders, or other legal process, or to establish
or exercise our legal rights or defend against legal claims, and we reserve
the right to cooperate with law enforcement investigations by providing Traffic
Data and Personal Information to law enforcement officials without requiring
a subpoena or court order in certain situations (for example, in case of physical
threats to our members).
2.3 Use of Cookies.
When you visit the Stickam websites, 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 site. 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.
You can reset your web browser to refuse all cookies or to indicate when a
cookie is being sent. However, some features of Stickam may not function properly
if the ability to accept cookies is disabled.
2.4 User Choice Regarding Collection, Use, and Distribution of Personal
Information.
You may choose not to provide us with any Personal Information. In such an
event, you will not be able to complete our Membership registration, or access
and use those portions of the Stickam that require your Personal Information.
If you do not wish to receive information and promotional material from us
or from our affiliate companies, you may select the appropriate "opt-out" option.
3. Confidentiality and Security of Personal Information
We will keep your Personal Information private and will not share it with third
parties, except as otherwise provided in this Privacy Policy, or unless such
disclosure is necessary to: (a) comply with a court order or other legal process;
(b) protect our rights or property, or the safety, rights or property of Stickam
users; or (c) enforce our Terms of Service and other guidelines available on
Stickam and/or services. Your Personal Information is stored on secure servers,
and AVC takes reasonable measures to protect such information from disclosure
to or access by third parties. Please note that AVC does not guarantee the
security of member account information or Personal Information, and there is
always some risk that an unauthorized third party may find a way around our
security systems or that transmissions of your information over the internet
will be intercepted.
3.1 User Ability to Access, Update, and Correct Personal Information.
You are solely responsible for ensuring the accuracy of the Personal Information
or other account information you submit to Stickam. Inaccurate information
will affect the services you receive when using Stickam and our ability to
contact you.
We maintain a procedure in order to help you confirm that your Personal Information
remains correct and up-to-date. At any time, you may visit your personal profile
in order to: (a) review and update your Personal Information; (b) choose whether
or not you wish to receive promotional material from us or some of our partners.
3.2 Lost or Stolen Information
You must promptly notify us if your user account ID, or password is or you
have cause to believe has been lost, stolen, or used without permission. In
such an event, we will remove that user account ID, or password from your account
and update our records accordingly.
3.3 Links and Public Information
For your convenience, Stickam contains links to other third party websites.
We do not endorse and are not responsible for the privacy practices or the
content of such websites. If you choose to link to third party websites, you
should review the Privacy Policy posted on this other website in order to understand
how the third party collects and uses your Personal Information.
Please understand that any information that is disclosed in chat rooms, forums,
message boards and news group areas on Stickam becomes public information.
We have no control over the use of such information and you should exercise
caution when deciding to disclose your Personal Information on these areas
of the Stickam. Further, it is up to you to take precautions to ensure that
whatever links you select or software you download is free of such items as
viruses, worms, Trojan horses, date or time bombs and other items of a destructive
nature.
3.4 California Privacy Rights
California residents can ask companies with whom they have an established business
relationship to provide (a) a list of the categories of Personal Information
that a business has disclosed to third parties for direct marketing purposes
for the immediately preceding calendar year, and (b) the names and addresses
of such third parties. To request this information from AVC, please email us
at support@stickam.com; or write us at 633 W. 5th Street, 68th Floor, Los Angeles,
CA 90071. We will respond to such properly addressed written requests. Please
note that we are only required to respond to each customer once per calendar
year.
4. International Users
The Stickam websites are hosted in the United States and is intended for and
directed to users in the United States. If you access our websites from any
region or country with laws or regulations governing personal data collection,
use and disclosure that differ from United States law, please be advised that
through your continued use of Stickam, which is governed by U.S. law, this
Privacy Policy, and the Stickam Terms of Service, you are transferring your
personal information to the United States, and you consent to that transfer.
5. Updates and Changes to Privacy Policy
We reserve the right, at any time and without notice, to add to, change, update,
or modify this Privacy Policy, simply by posting such change, update, or modification
on the Stickam and without any other notice to you. Any such change, update,
or modification will be effective immediately upon posting on Stickam.
Revised: October 16, 2008.
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