Cellfish Media LLC Online Privacy Policy

Last Updated: November 27, 2012

Table of Contents

A. Purpose
B. Your Right to Opt Out
C. Attention Kids
D. What Information Is Collected
E. How Information Is Used
F. Additional Information
G. Contact Us

A. Purpose

This Privacy Policy governs the web and mobile sites, applications and services on which it is posted (each referred to in this Privacy Policy as the “Service”).  

The Service is published and maintained by CELLFISH MEDIA LLC with offices located at 215 Lexington Avenue, 18th floor, New York, NY 10016. This Privacy Policy governs the collection, use and disclosure of information by CELLFISH and its affiliates (collectively referred to herein as “CELLFISH” or “we” or “us” or other similar pronouns) through the Service.

By visiting or using the Service you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our Web Site and/or Services, this policy may change, so please check back to this page from time to time. This Privacy Policy is incorporated into, and part of, the Terms of Service Agreement, which governs your use of the Services in general.

Your privacy is a serious matter to CELLFISH. In order to make your use of our Service as worthwhile as possible, we collect certain information from your computer or device (mobile phone, tablet or other PDA) each time you visit or use the Service, and sometimes we ask you for Personal Information (defined below). This Privacy Policy explains, in general, what Personal Information and other information is collected, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how we treat your Personal Information.

B. Your Right to Opt Out

You have the right to “opt-out” of certain of our uses of your Personal Information.  Here are some ways to do it:

1.  When you sign up for the Service, you may have the opportunity to set certain privacy, permissions and account options. You may adjust these settings at any time by following the instructions on your computer or device or by navigating to the settings, account or privacy features on your device or the platform you are using.  Please be aware that if you limit our access to certain information, you may not be able to use all of the features and functionality of the Service.

2.  You may opt-out of receiving emails from CELLFISH at any time by clicking the op-out or unsubscribe link within the email or by sending an email to privacy@cellfishmedia.com identifying the Service and detailing your request.

3.  You may opt-out of having your Personal Information shared with other companies or individuals at any time by sending an email to privacy@cellfishmedia.com.  Please identify the Service and tell us your preference.  For example, you can ask that your Personal Information not be shared only for promotional purposes or, in some cases, you can request that it not be shared for any purpose.  Please be aware that if you limit our ability to share certain information you may not be able to use all of the features and functionality of the Service.   

4.  You may opt out of receiving SMS correspondence or Premium SMS services by texting “STOP” to the short code provided for the Service.

5.  To opt out from the collection and use of information to serve targeted advertising by advertisers and/or third party networks, see “Third Party Advertisers” below.  You can also set your browser to permit you to reject certain cookies.  For information regarding other locally shared objects, see “Cookies and Other Locally Shared Objects” below.  Please understand that rejecting certain cookies and locally shared objects may limit your ability to use all of the features and functionality of the Service.  It may also delete your privacy and account settings.

 Please understand that if you opt-out of receiving promotional e-mails or SMS from CELLFISH, we may still contact you by e-mail or SMS in connection with your account with us or to provide you with important information about CELLFISH or the Service. Also, a request to have us stop sharing your Personal Information with other companies or individuals will only apply as of the date of the request, and CELLFISH will not be responsible for any communications that you may receive from companies or individuals that received your Personal Information prior to such request. In these cases, please contact that company or individual directly.  Further, if you download a third party game or other application on to your computer or device through the Service, the game or application may continue to send you emails or other messages even after you have cancelled the Service.

C. Attention Kids

If you are under the age of 13 (12 or younger) you may not provide any information about yourself to this Service. While you may view content on the Service, you may not register with the Service, use the Service, enter any of our sweepstakes or contests, or participate in any of our chat rooms, bulletin boards or other activities that would let you enter information about yourself or otherwise interact with other users. If we obtain knowledge that a child under the age of 13 has provided personally identifiable information on, to or through this Service, we will delete such information.

Note to Parents

CELLFISH will not knowingly collect personally identifiable information from kids under 13. If you have any concerns about this Service, if you wish to find out if your child is a member of the Service, or if you wish to cancel your child’s membership, please contact us at privacy@cellfishmedia.com. Some Services may be accessible by users who are between the ages of 13 and 18. If your child is a user between the ages of 13 and 18, please review this Privacy Policy with your child, and agree to the terms and conditions set forth herein, as well as those set forth on our Terms of Service Agreement, on your child’s behalf. Parental discretion is advised for all users under 18.

D. What Information is Collected

User Provided Information

CELLFISH does not collect any Personal Information, such as name, address or e-mail address, on its web sites without the knowledge and consent of the individual submitting such information. However, when a user uses the Service via their cellular phone or other wireless device, CELLFISH may have access to the user’s wireless device number and other account information.  Personal Information is collected from users through such users’ activities, transactions, completion of online forms on the Service (such as registration forms), games and contests and through voluntary online questionnaires that may appear from time to time on the Service. Depending upon the Service, Personal Information may also be provided to us by, for example, your wireless service provider (hereinafter “Wireless Carrier”) or a third party platform, such as iTunes, YouTube, Facebook, Twitter, Last.fm, Pandora, etc (hereinafter “Third Party Platforms”).  Personal Information collected in the course of your use of the Service is further described in the Terms of Service Agreement. “Personal Information” includes, for example, name; home and/or business address or other address (like a school address); e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. We may also ask you to provide other information about yourself such as your age, hobbies, likes, dislikes, etc. Access to certain content, functionality and features of the Service may require you to add settings that provide additional information, such as your geographic location, specifications, network access connection, messages and other device-specific information.

You may review and ask that we correct or delete the Personal Information that you have provided to the Service by e-mailing privacy@cellfishmedia.com or writing to CELLFISH at 215 Lexington Avenue, 18th Fl., New York, NY 10016 ATTN: Legal and Business Affairs Department. We will send you a copy of such Personal Information we have on file in your user account (if any). You may send us new or updated information at any time.

You may be able to send information to your friends and family members and/or other contacts and social networks through the Service by clicking on your Facebook wall or status, a “Share”, “Like”, “Email”, “Recommend”, “Twitter” or similar button on the Service or, in a message that we have sent you, or by utilizing a particular feature of the Service designed for such purpose. In some of these cases (unless you simply forward our message on your own or circumvent the designated and permitted feature of a particular Service and send independent or unauthorized messages or correspondence), you may provide the name and e-mail, SMS or other address of your friend, family member or other contact to us. You may also be able to send an online card to a friend or family member, or send them a gift or gift certificate or other similar feature. If so, you may be required to provide us with your friend’s or family member’s Personal Information. Such information will be treated in accordance with this Privacy Policy and applicable law. It is your responsibility to make sure that your friend or family member consents to this.

Usage Information

Any or all of the following activities with regard to Usage Information may be performed by us or on our behalf by our service providers, including, without limitation, Wireless Carriers, aggregators, Third Party Platforms and ad serving networks.

Cookies and Other Locally Shared Objects

We try to provide you with services, products and offers customized to your interests. In order to do that, we may use “cookies” and “locally shared objects” to keep, and sometimes track, information about you. Cookies are small pieces of data that are sent to your computer or device from a server and stored on your computer’s or device’s hard drive or memory. Locally shared objects are also files that are stored on your computer or device using a media player that is installed on your computer or devices (such as a Flash player) or using HTML5 (or similar computer language), which is the language that your computer or device uses to communicate with our servers.  Cookies and locally shared objects do not gather any Personal Information about you; they simply track where you travel on the Service and what you look at. (Cookies and locally shared objects may, however, store your login name, which allows you access to our online forums and other features and services.) In doing so, they may enable CELLFISH to relate your use of the Service to Personal Information that has already been submitted. Many other service providers use cookies and locally shared objects for very similar purposes.

We use cookies and locally shared objects to access your account information (stored on our computers) in order to deliver better and more personalized services; estimate our audience size for our advertisers; assist in processing items in your shopping basket; track the number of entries in our promotions, sweepstakes and contests; and identify which areas of the Service you have visited. We may also match information obtained from cookies and locally shared objects with data provided by you or collected by third parties. We analyze this data both in the aggregate and in connection with individual users. This information lets us give you the services you want that are connected with your interests. We also may provide the analysis of our users (as a group, of course) to prospective business partners, advertisers and other third parties. You may occasionally get cookies and “locally shared objects” from our advertisers.  These cookies are sent from third-party computers and are subject to such third parties’ policies.

Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Similarly, most media players that enable locally shared objects can be set to manage them.  For example, Adobe’s Flash player allows you to manage locally shared objects (also known as “Flash cookies”) through its Flash Player Settings Manager.  You may be able to control the use of HTML5 locally shared objects by reducing the amount of space you allow for them through your Web Browser’s settings.  Refusing a cookie or locally shared object will generally not interfere with your use of our web sites. However, refusal may, in some cases, preclude you from using some or all of the features related to the Service.

Clear GIFs

We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies to help track usage of the Service.  Clear GIFs allow CELLFISH and our service providers and business partners to track page viewing counts and patterns, which we use, for example, for future service development and to measure the effectiveness of marketing campaigns.  We may also use clear GIFs within the context of certain emails to determine the effectiveness of the mailing.  A clear GIF may enable us to relate your viewing or receipt of a message to other information about you, including your Personal Information.

IP Address and Clickstream Data

Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider.  Similarly, when you access the Service via a mobile device, our server automatically collects data about the unique device identifier assigned to your mobile device (“UDID”). When you request pages from the Service, our servers may log your IP Address or UDID. Our server may also record the referring page that linked you to us (e.g., another web or mobile site or a search engine); the pages you visit on the Service; the web or mobile site you visit after the Service; the ads you see and/or click on; other information about the type of browser, computer, device, platform, related software and settings you are using; any search terms you have entered on the Service or a referral site; and other usage activity and data logged by our servers. We use this information for internal system administration, to help diagnose problems with our server, to report aggregate information to our advertisers, and to administer the Service. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Our servers cannot automatically record your name or e-mail address, but in some cases they may receive such information from Third Party Platforms and third party application or providers, if you are a registered member of the platform or service.

E. How Information Is Used

We will use the Usage Information and Personal Information you provide to provide any services or products that you request or purchase in connection with the Service; contact you regarding the administration of any features or functions of the Service; send you marketing and promotional emails and correspondence; allow you to participate in the support and other features of the Service; respond to your questions or other requests; tailor your experience with the Service and/or otherwise customize what you see using the Service; save your user account, registration and profile data or other information so that you don’t have to re-enter it each time you use the Service; provide you with services and products of enhanced value to you; market and promote the Service and other initiatives and activities; fulfill orders for goods or services; perform credit checking where relevant (please note that when a credit reference agency receives a search from us they will place a footprint on your credit file that may be seen by other organizations); to prevent and detect fraud or infringement of our or any third party’s rights; to track your return visits to and use of the Service; to comply with legal obligations or legal process; and for other purposes disclosed at the time you provide us with Personal Information or which are reasonably necessary to provide the Service or other related products and services requested by you. We may also use such information for research purposes; to provide reporting to our co-sponsors, business partners, advertisers and services providers; to display advertising and marketing information; and for other purposes as are reasonably necessary to provide the Service or other related products and services requested by you.   You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Right to Opt Out section above. We may match and update information collected from you through different means or at different times, including both Personal Information and Usage Information, and use such information along with information obtained from other sources, including our other services, service providers and other third parties, and such merged information collected by us will be treated in accordance with this Privacy Policy.

By using the Service, whether as a registered user or otherwise, you acknowledge, understand and agree that you are giving us your consent to collect your Personal Information submitted and automatically track your activities and your use of the Service as described in this Privacy Policy.

Third Party Offers

When registering on the Service, CELLFISH may provide you an opportunity to receive offers from advertisers and other companies or individuals who have services, products, information and/or offers that we think might be of interest to you. If you do not at that time indicate a preference not to receive such information or offers, CELLFISH may from time to time provide your contact information to these entities so that they may send you these offers. If you no longer want us to share your contact information with others, follow the instructions set forth in the Right to Opt Out section above.

Co-Sponsored Services and Offerings

Some of our services and other offerings may be co-sponsored by another company. If you provide information to CELLFISH (or if we otherwise collect it as described herein) in connection with a co-sponsored service or offering, the information you provide will be used for the purpose for which you provided the information and may be shared with that co-sponsor partner. Your Personal Information may also be used for other purposes that may be disclosed at the time your information is requested or which are reasonably necessary to provide the service or other products or services requested by you in accordance with our respective privacy policies. If you wish to opt-out of a co-sponsor partner’s future use of your Personal Information for marketing or other purposes, you will need to contact the co-sponsor partner directly.  Please note that the use of such information by the co-sponsor partner is subject to the co-sponsor partner’s privacy policy.

Aggregate Statistics

CELLFISH reserves the right to analyze user behavior as a measure of interest in and use of our services and electronic communications, both on an individual basis and in the aggregate. CELLFISH may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

Social Media

When you contribute to a public area or social media feature of the Service, such as a blog, wiki, list serve, chat room, bulleting board or other communication or community tool or area, the information that you submit will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of the Service. Instead, make up a username that does not disclose your personal identity.

When you comment or click “Like” or “Dislike” on content on using Facebook or another social network via the Service, your comment or “Like” or “Dislike” opinion will be displayed on the Service and also on you own social networking profile, and it will be viewable by anyone who is able to view your social networking profile depending on the privacy settings you have set in your social networking account.  Depending on how you have set the privacy settings, your posing may also be broadcasted to other users of the social network via the Service.  The privacy policies of your social network service also apply to the information you provide using these features.

When you participate in our user community activities on Third Party Platforms the information you submit will be received and used by such Third Party Platforms, pursuant to their privacy policies and will also be received by CELLFISH for its use in accordance with this Privacy Policy.

Third Party Advertisers

To the extent that the Service carries advertising by third parties, CELLFISH uses digital advertising technology companies to deliver the advertising to you.  The non-personally identifiable information collected by these companies, for example, about your visits to this and other sites and services is used for the purpose of targeting ads and measuring ad effectiveness on behalf of advertisers and publishers who specifically request it.  For addition information on the information that is collected by our digital advertising technology vendors and to know your choices about not having this information used by them, please click on their names (located here) or visit http://www.networkadvertising.org/consumer/opt-out.asp.

Service Providers

We may use third party partners to help operate the Service and to deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Service or for our business (such as site or database hosting companies, address list hosting companies, Wireless Carriers, Third Party Platforms, aggregators, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that may use such information on our behalf).

Additional Information About Social Networks

Additional information about our disclosure of your Personal Information in connection with the Service (e.g., to your Wireless Carrier) is set forth in the Terms of Service Agreement. For example, by participating in certain networking and content sharing Services, your Personal Information may be made available to other members of the network who may contact you and otherwise correspond with you. You may have the opportunity to choose a specific contact point to be used by such other members for such purposes (including, for example, your e-mail address, SMS address, phone number, etc.). If you do not decline to receive such messages at the time you provide your information, or if you change your mind and no longer want to receive any such messages from other members of the network, you may make such request by visiting the “Preferences” area/page of your account on the network and changing your elections, or by following the instructions set forth in the Right to Opt Out section above.

Wireless Addresses

If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from CELLFISH (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your Wireless Carrier’s message and data rates may apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Short Message Service (“SMS”)

We may make available on or through the Service a service through which you can receive messages on your wireless device via short message service (“SMS Service”). If you subscribe to one of our SMS Services, you thereby agree to receive SMS messages at the address you provide for such purposes (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your Wireless Carrier’s message and data rates may apply to these messages. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. To use the SMS Services, you must be either 18 or 13 years of age or older (depending on which SMS Service you want to use and your carrier restrictions) and reside in the United States. Additional terms and conditions that apply to our SMS Services are set forth in the Terms of Service Agreement that apply to such services.

Integration and Interaction with Third Party Platforms and Services

The Service may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by other companies located throughout the world.  The Service may also feature advertisements from other third parties.  We are not responsible for the privacy practices of such third party websites, applications, interfaces, services, advertisements and platforms.  Once you leave the Service via a link, application, interface, service, advertisement or platform or click on or navigate to an advertisement, you should check the applicable privacy policy to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

F. Additional Information

Your California Privacy Rights

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes.  Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.  If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at privacy@cellfishmedia.com.  All requests must be labeled “Your California Privacy Rights” on the email subject line.  For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address and indicate your preference on how our response to your request should be sent (email or postal mail).  We will not accept requests via telephone postal mail or by fax.  We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Accuracy

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date.  We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information of Personal Information or if you fail to update such information or Personal Information.  We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy or otherwise inappropriate for the Service.

International Usage

The Services is controlled by CELLFISH from its offices in the U.S.  If you download, interact and/or otherwise use the Service from a location outside the U.S., please be advised that any information you provide, or that is collected by us as described herein, may be processed in and/or transferred to the U.S. and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you download, interact with or otherwise use the Service.  However, we will only process your Information in accordance with this Privacy Policy.  By using this Service, you affirmatively consent to this transfer and to the use of your information as described herein.

Legally-Compelled Disclosures

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other products or services, users, or anyone else that could be harmed by such activities.

Business Transfer

In the event that CELLFISH or substantially all of its assets or the assets related to the Service are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, customer Personal Information and Usage Information may be one of the transferred assets.

Modifications

CELLFISH reserves the right to change or update this Privacy Policy, or any other CELLFISH policy or practice, at any time and will notify users of such changes or updates by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site.  Depending on the nature of the change, we may seek your consent to the change via email or through the Service itself.

Security/Enforcement

CELLFISH will take reasonable steps to protect the security and integrity of all Personal Information provided to the Service. However, due to the inherent nature of the Internet as an open global communications vehicle, CELLFISH cannot guarantee that this information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Service, or information collected and maintained by the Service, should be immediately brought to the attention of CELLFISH at the customer service e-mail address below. CELLFISH will investigate, and if necessary take action to prevent or halt, any violation of this Privacy Policy of which it becomes aware.

If you contact us by e-mail or a “contact us” or similar feature on the Service, you should be aware that your transmission might not be secure. A third party could view information you send by e-mail in transit.

You may be able to create an account on the Service with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CELLFISH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CELLFISH when you desire to cancel your account on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at privacy@cellfishmedia.com with the alternative contact information you wish to be used.

If you are requested to send us any sensitive Personal Information, such as your credit card number, password, membership number or pin number, in an e-mail or into a web site or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask us by sending an e-mail to our privacy officer at privacy@cellfishmedia.com.

REMEMBER – DO NOT DISCLOSE PERSONAL INFORMATION IN CHAT ROOMS, THROUGH VOICE CHAT, TEXT CHAT OR ON MESSAGE BOARDS, BLOGS, PROFILES OR OTHER SIMILAR FEATURES. WHENEVER YOU DO SO, ALL OF THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS. IF YOU POST PERSONAL INFORMATION IN PUBLIC PLACES, OTHERS MAY SEND YOU UNSOLICITED E-MAIL MESSAGES. BE CAREFUL AND BE SMART WITH YOUR PERSONAL INFORMATION.

G. Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at:

Cellfish Media LLC
Attention: Legal Department
215 Lexington Avenue, 18th Floor
New York, NY 10016
Phone: 866-235-7909
privacy@cellfishmedia.com