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PRIVACY POLICY
Effective Date: 12/13/04
Your
privacy is very important to BurningAngelEntertainment. The following Privacy Policy
explains how we collect, use and safeguard the information you provide
to us through the BURNINGANGEL.COM web site and its related features
and functions.
Boy Racer Inc
(“Company” or “we”), the owner
and operator of BURNINGANGELENTERTAINMENT.COM, its
web site and associated computer functions (hereafter the
“Site”), is
committed to respecting and safeguarding your privacy online, as set
forth in this Privacy Policy. This Privacy Policy sets forth the
policies and practices of the Company with respect to information and
other data that is received or gathered regarding visitors to, and
members, subscribers and other users of, the Site and services provided
by or related to the Site. The use of the terms
“visitor”, “member”,
“subscriber” and “Site user”
shall, depending on your status shall mean
and otherwise refer to you. The term “Third Party Program
Participants”
shall mean merchants, advertisers, promoters, content providers and
others that the Company contracts with to provide goods and services
via programs and Offers (as that term is defined below) available to
Site users.
THIS DOCUMENT CONTAINS TWELVE (12) NUMBERED PARAGRAPHS.
BEFORE
YOU BEGIN OR CONTINUE TO USE THE SITE , OR ANY SERVICES OR
FUNCTIONALITY PROVIDED BY OR THROUGH THE SITE, PLEASE CAREFULLY READ
THIS PRIVACY POLICY. THIS PRIVACY POLICY CONTAINS IMPORTANT
INFORMATION. IT IS ALSO VERY IMPORTANT THAT YOU FULLY UNDERSTAND OUR
POLICY BECAUSE BY YOUR USE OR CONTINUED USE OF THIS SITE OR ANY OF ITS
RELATED SERVICES YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO
THIS POLICY IN ITS ENTIRETY AND THAT YOU AGREE TO THE COLLECTION AND
USE OF INFORMATION THAT YOU SUPPLY OR THAT IS COLLECTED ABOUT YOU,
INCLUDING PERSONAL INFORMATION, AS DETAILED IN THIS POLICY STATEMENT.
ONLY
ADULTS ARE AUTHORIZED TO USE THIS SITE. AUTHORIZED ACCESS AND USE OF
THE SITE, ITS DATABASES AND FUNCTIONALITY IS LIMITED TO PERSONS OVER
THE AGE OF EIGHTEEN YEARS, AND SUCH ACCESS AND USE IS LIMITED BY OUR TERMS AND CONDITIONS.
THE COMPANY DOES NOT KNOWINGLY SEEK OR COLLECT ANY PERSONAL INFORMATION
OR OTHER DATA FROM ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE WITH ALL OF THE
TERMS OF THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS YOU SHOULD NOT USE THIS SITE OR THE SERVICES
OFFERED OR OTHERWISE PROVIDED BY OR THROUGH THIS SITE.
1. Information
Security
BURNINGANGELENTERTAINMENT.COM
is dedicated to the protection of Site users' information. To prevent
unauthorized access to information provided to us, the Company uses a
number of generally accepted industry standard procedures designed to
effectively safeguard the confidentiality of your personal information.
These procedures include secure server location, controlled access to
data and equipment, robust redundant firewall software, network
monitoring, adaptive analysis of network traffic to track and prevent
attempted network intrusions and other network abuse and appropriate
employee training in the area of data security. We shall continue to
take reasonable steps to provide effective data protection at all
times, however, because no security technology can provide
invulnerability to information compromise, the Company cannot, and does
not, guarantee the security of any information that you transmit to us
or to any third party affiliated with the Site.
2. Visitor,
Subscriber, Member and User Information
When
you visit or use this Site, including, for example, when you click on
any of our links, we will collect and store in one or more of our
databases, one or more of the following types of information
(“Data”):
your IP address (the domain name or other locator indicating your
access to Internet); the IP address of the Website from which you
linked to our site operating system; browser data; email address data;
the date and time you access our Site and its functions, and any other
accessible online user, biometric or device information. We will often
collect Data at several points throughout the Site, its links and
through related functionality.
We use Data to measure the
number of visitors to the different sections of our Site, to help us
make our site more useful to visitors, to measure the amount of traffic
generated through our affiliate network, to generate usage statistics,
to ensure email reaches intended destinations, to generate special
offers and advertisements which we may present to you, to provide our
marketing partners, affiliates, licensees, purchasers and successors in
interest with accurate Data and to prevent fraud.
Sometimes,
we will ask you to provide, on a strictly optional basis,
“Optional
Information,” such as your name, username, address, zip code
or
telephone number or other personal information. For example, such
information may be requested, on an optional basis, for participation
in special promotions or other Offers (See Paragraph 7 below).
The
only personally-identifying information we collect and store about you
is the information you, voluntarily choose to provide to us, such as
your name, e-mail address, address, zip code, telephone number, etc.,
in response to a specific prompt that requires you to initially enter
the information. In addition, we, our agents, affiliates, Third Party
Program Participants and others may ask you to voluntarily provide
additional personal information for billing, shipping and other similar
purposes.
When a visitor, member, subscriber, or other Site
user, requests web pages from the Site's server, clicks on banners or
other links or otherwise uses the Site's services or other
functionalities, we or our agents may automatically collect some
information or data about the user and the user's Site use, including
the IP address from which the Site is being accessed, the pages or
links that were requested, the special preferences or requests of the
user and cookie information received from the computer of the user. You
agree that all such information and other Data may be collected and
used by the Site and its agents.
When any Site user signs-on as
a member or subscriber of this Site or related services, that person
will be required to provide certain personal as well as demographic
information. Such Optional Information, may include, but is not
necessarily limited to, the subscriber's name, address, birthday,
e-mail address, gender, marital status, occupation, education, username and
password, and special interests or affiliations. This Site, the Company
and its agents, may collect any and all such Optional Information and
include it in its databases with Data and other information.
If
a visitor, member, subscriber or other Site user sends any personal
communication or correspondence, by any means, to the Site, the Company
or any of its employees, agents or representatives, we may collect, in
databases and otherwise, and use, any and all such information and
other Data regarding that communication, consistent with this privacy
policy.
3. Cookies
We
may use cookies for your convenience. For example, we use session
cookies to make it easier for you to navigate and otherwise use our
Site. Cookies are small pieces of data that are stored by a user's Web
browser on the user's hard drive. Cookies can be used to
“remember”
what information a user accesses on one Web page to simplify subsequent
interactions with that Web site by the same user or to use the
information to streamline the user's transactions on related Web pages.
This makes it easier for a user to move between and interact with Web
pages and to complete commercial transactions over the Internet. The
Site also uses cookies to store and sometimes track information to make
your online experience easier and more personalized and for other
purposes related to your use of the Site and related services. For
example, because a cookie can be linked to information you have
inputted or which has otherwise been collected, the need to
repetitively enter certain information, such as your username or email
address, can be eliminated. The use of cookies also assists us in
acquiring important Site usage Data. Cookies can also assist us in
tracking and targeting the interests, preferences and desires of our
Site users to present the most appropriate messages, offers and other
communications to our users, and to generally enhance their experience
at our Site.
Currently, there are two general types of cookies
commonly used in association with typical Web sites including our Site:
“session” cookies and
“persistent” cookies. A session or
“session ID”
cookie is functional only during the current
“session” use of your
browser, i.e., it ceases to function when you close you browser. A
“persistent” cookie remains on your hard beyond the
current browser
session. You can remove persistent cookies by following directions
provided in your Internet browser's "Help" file. We use both session
cookies and persistent cookies.
Also, some Site use rewards and
other benefits tied to Site usage use session cookies to track your
Site usage and give you proper credit. We also use persistent cookies
to track the actions of our users to enhance the experience on our
site, other web sites and to more effectively communicate Offers,
promotional data and other useful information to you. At the present
time, we intend to also adopt and use helpful future cookie technology,
and similar types of technologies, as they become available. We may
implement any and all such new technologies and similar improvements to
Site functionality without notice.
We may also track special
offers, promotions and other advertising delivered by us, and your
responses to them, by using cookies. This helps us reduce the number of
offers that might not be interesting to you. We also use cookies to
help us credit persons who referred or introduced you to us.
The
Site may also automatically collect traffic and click-through data as
well as information regarding the online behavior of subscribers and
other Site users by the use of cookies or other programming means. Any
and all information about Site users collected by the Company, or its
agents or affiliates via the Site or otherwise, through the use of
cookies or other programming means may be freely included in our
databases and used in a manner consistent with this Privacy Policy.
Some
of our Third Party Program Participants, advertisers, agents and others
use cookies on or in association with our Site. We have no access to or
control over these cookies. We may also allow third-party service
providers to deliver special offers or services to Site users and to
control the use of their cookies on your computer. Since such providers
may set , access and otherwise control their cookies on your computer,
we urge you to consult their privacy policies as they pertain to use of
their cookies and the data collected from such use.
Most major
Web browsers are set up so that they will initially accept cookies, but
you may modify your computers preferences to issue you an alert when a
cookie is downloaded, or to disable the ability of third parties to
download a cookie to you. If you choose to reject cookies, or disable
your computer's ability to receive or process them, there are areas of
this Site, other related web sites and related services that may not
function properly. For example, you may not be able to view or interact
with parts of the Site or access some of the services or offers
otherwise available on the Site. Also, if you disable or reject
cookies, you may not be credited for actions required for certain gifts
and other benefits, and therefore may not receive such benefits.
You may obtain further information about “cookies”
and how they function at:
http://www.cookiecentral.com or
http://www.microsoft.com/info/cookies.htm.
4. Clear GIFs
(“Web Beacons”)
Clear
GIFs, otherwise known as “web beacons”or
“single-pixel GIFs”, are very
small web page graphics that contain a unique digital identifying
means. They function like cookies, in that they are often used to track
and measure online actions taken by web site users. In contrast to
cookies, which are stored on a user's computer hard drive, clear GIFs
are embedded into the graphics, text or other components of Web pages,
including pop up windows, or in other digital documents that can
support them, like email messages. We may also use Web Beacons to
optimize search engine functionality. Clear GIFs are nearly invisible
and are often only the size of small dot, such as a period at the end
of a sentence. Also, like cookies, Clear GIFs, help us and our Third
Party Program Participants measure and improve Site efficiency and
effectiveness. For example, we may use web beacon technology to access
your personally identifiable information or compile aggregated
statistics about overall Site usage.
Many of our Third Party Program Participants and advertisers also
employ Clear GIFs on our Site and in related sites.
5. Log Files
The
Company and Third Party Program Participants, through the functionality
of the Site, related sites and related services, gather Data and other
information regarding Site navigation and Site use from cookies, clear
GIFs and other means and store such information in log files and other
databases. This Data and similar information includes date and time
recordation data, Internet protocol (IP) addresses, Internet service
provider (ISP) data, referring or exit pages, your computer's operating
system and components, such as your browser type, and other data. While
this information generally does not directly identify individual users,
it does provide us with Data and other broad demographic information.
We use this information for a number of purposes including Site usage
analysis, analysis of Site navigation by users, determining and
analyzing overall user preferences and user trends, Site
administration, and general improvement and optimization of Site
efficiency and effectiveness and user communications, including
promotions to users. We may also provide third parties with some or all
such information and other Data collected
6. Use of Personal
Information and Disclaimer
We
will use information collected from you to send your free gift and
fulfill Offers you have accepted. We will also use the information to
verify identity, protect against fraud, update and service your
account, target and personalize future Offers that we may display on or
in association with the Site and in our communications with you. We
will use your physical mailing address for mailing of your free gift,
fulfilling Offers you have accepted, to improve our ability to provide
you with more accurate and appropriate marketing and for other
communications with our Company.
By your use or continued use of
the Site and/or its services, you expressly agree that the Company, via
the Site and otherwise may use any and all Data, Optional Information
and all other information that it or its agents gather or collect
directly or indirectly pertaining to you, including, without
limitation, any personal information that has been provided by you,
your computer or other device, or information provided by a third
party, for any and all technical, administrative, research,
development, customer assistance, age verification, marketing,
promotion and advertising uses, for the transmission of communications
of every kind, including, without limitation, email communications of
every kind, for the sending of products, for fulfillment purposes, and
for compliance with any and all terms and conditions. Furthermore, you
agree that the Company may share, disclose, lease, license, sell and
otherwise provide any and all of such information, including personal
information to its affiliates, agents, assigns, successors in interest,
licensees, clients, customers, Third Party Program Participants and
other third parties who have been authorized or permitted to use the
information by the Company, its successors, assigns and licensees.
By
your use or continued use of the Site and/or its services, you agree
that the Company is not responsible or liable for the use of any
information that you or any other visitor, member, subscriber or other
Site user may provide to any other person or entity, or that is
gathered by any third-party, including, without limitation, any Third
Party Program Participant, by any means. This Site does not control,
monitor or endorse the information gathering practices or Privacy
Policies of any third-party, and you acknowledge that such
third-parties and their web sites may, and probably do, have privacy
policies that are different from this Privacy Policy. Whenever
applicable, you and all other visitors, members, subscribers and other
Site users are strongly advised to read the Privacy Policy of any and
all third-party web site providers that have one or more advertising
banners, or links on the Site, or on the web site of any Third Party
Program Provider, and of any entity that provides goods or services at,
through or in direct or indirect association with the Site.
All
Members, visitors and Users of this Site should consider any
information provided to or collected by the Site as non-confidential,
and consequently the Site assumes no liability or responsibility if any
information relating to any Member, visitor or User is intercepted
and/or used by an unintended recipient.
7. Offers, Special
Promotions, Opinion Polls, Surveys, Contests, Special Events and
Service Alert Emails
There
may be occasions when a visitor, subscriber, member or other Site user
will be presented with special offers either from the operators of the
Site, their agents, affiliates or from other third-party offerors, that
may include the presentation of one or more options for a Site user to
consent to receive e-mail solicitations, communications, newsletters or
commercial advertising, or to participate in other promotions or
special events, including without limitation, contests, opinion polls
or surveys (collectively referred to as “Offers”).
Offers might be made
by the Company, its agents, affiliates, Third Party Program
Participants or other third-parties making such Offers. Site users may
be asked to provide certain information in order to participate in such
Offers. Information requested may include, without limitation, contact
information (such as name and address) and demographic information
(such as zip code, area code, age level, occupation, etc.).
Participation in such special events and special offers is completely
voluntary and Site users may elect whether or not to provide the
requested information. Information collected will be used for the
purposes of winner notification, prize awarding, monitoring and
improving Site usage and user satisfaction, providing additional
relevant offers, promotions and other communications to Site users via
electronic mail and other means, and other purposes consistent with
this Privacy Policy.
“OPT-IN”
Acceptance of Offers.
Some Offers may be presented to you with the option to express your
preference by either clicking or entering “accept”
(or alternatively,
for example, “yes”) or
“decline” (alternatively “no”)
or “consent” or
by indicating your preference regarding participation or
non-participation by some other recordable means. By selecting accept,
yes, consent, or some other affirmation of participation, you shall be
deemed to agree that such action(s) shall constitute an
“OPT-IN” to the
Offer related to the action and that the you thereby agree and assent
that your personal information, Data, Optional Information and other
information in the Site's databases may be disclosed to the Company,
the Company's affiliates, agents, Third Party Program Participants and
other third-parties offerors.
“OPT-OUT”
Rejection of Offers Otherwise Accepted.
Some Offers may be presented with a pre-selected preference or choice.
If you do not deselect the pre-selected preference of choice (i.e.
“OPT-OUT” of the Offer) then the Site may transfer
your personal
information to the Company, its affiliates, agents, Third Party Program
Participants, and any other third party making the Offer. If you
deselect the pre-selected preference (i.e., reject the Offer) then no
personal information relating to the Offer in the Site's database may
be disclosed to a third party offeror of that particular Offer with
respect to that particular Offer. Nothing herein shall limit
information collection or transfer that you have previously authorized
or subsequently authorize, including, without limitation any
authorization regarding the third party offeror with respect to another
Offer.
The Company may also send new members, subscribers,
visitors or other Site users a welcoming email and occasionally send
information on products, services, and special deals from Third Party
Program Participants, and other third parties. If you don't want to
receive such email or other email messages from us, please follow the
directions for unsubscribing or “opting-out”
contained in the email
message you receive from us. We reserve the right to contact you,
however, with non-commercial relationship and other advisory email
messages, such as communications of changes or updates to our software,
changes to our Terms and Conditions, changes to Offers you have
accepted, changes to programs you have elected to participate in,
notice of termination of any Offer, program or service or changes to
this Privacy Policy.
We may provide you with links in our
email communications. These links may include one or more special
tracking codes, unique to you or some other identifying feature (such
as geo-location). These codes assist us in formulating, selecting and
distributing content, promotions, Offers, advertisements and other
communications to you which are more appropriately targeted to your
likely preferences. We may share this data in aggregate form or in
individual form.
The Company and/or Third Party Program
Participants may offer you participation in one or more
“rewards”
programs in which you can earn money or other benefits for
participating in such programs. The Company and/or Third Party Program
Participants may provide information collected from you as a result of
your participation in such program(s) to the program sponsor to assist
the sponsor in delivering entitled benefits to you and for other
marketing, promotional and other purposes. If you participate in any of
the Company's own reward or incentive programs, we will track your
activity using your email address or other identifying means and share
your email address and other identifying means with affiliated reward
sponsors, if any, and any third parties involved with fulfillment of
the rewards or other benefits.
The Company does not provide a
process to update or modify a Site user's personally identifiable
information. If you no longer desire to use one or more of our
services, you must, as relevant, opt-out of our mailings, unsubscribe,
cancel membership, remove Company, Third Party Program Participant
and/or other third party distributed software from your computer,
and/or discontinue the use of the Site and services.
8. Revocation of
Consent Procedure (Revocation “Opting-Out”)
The
Site also offers to you a procedure for
“Opting-Out” if you
subsequently choose to revoke or withdraw any consent to accept or
receive Offers. To revoke or withdraw a consent to accept or receive
Offers, send an e-mail to customerservice@burningangel.com, clearly stating that you have revoked or
withdrawn consent to receive any future Offers.
If
you decide to cancel a subscription, membership or other Offer and
later wish to resubscribe, rejoin or recommence receiving a previously
cancelled Offer, you may not always be able or entitled to do so, and
you many not be entitled to receive credit towards benefits offered by
the Company or a third party. We reserve the right at all times to
terminate or suspend any subscription, membership, Offer, service or
account at any time with or without notice.
9. Third Party
Program Participants and Others
We
may send you offers on behalf of Third Party Program Participants.
Acceptance of some Offers through the Site may require you to provide
personal information to Third Party Program Participants. These
Companies may also independently send you Offers. If you would like to
opt-out or cancel any such Offers or prevent Third Party Program
Participants from independently communicating with you, you will need
to inform them separately pursuant to their process for doing so.
The
Company shares aggregated demographic and Site navigation information,
Data, Optional Information and other information with Third Party
Program Participants, advertisers, analysts and others. We may also
sell access to our mailing lists, including email lists, and other
information to brokers and third party advertisers and we may transfer
your information to such third parties. We may transfer some or all of
your information to a purchaser of all or part of our Company or any
successor in interest in the Company or the Site. We may also hire
contractors or other third parties to perform any Company, Site or Site
service function with or without notice to you. The Company and its
agents may also aggregate demographic and other information about you
and other Site users in databases and disclose, license or sell such
information to Third Party Program Participants and other parties.
By
your use or continued use of the Site or acceptance of any Offer
associated with the Site, you expressly agree that this Privacy Policy,
all Data, Optional Information and other information collected by the
Company, its agents, affiliates, Third Party Program Participants and
all other third parties associated with the Company or the Site, all
contractual rights and all rights arising under the Terms and Conditions
may be freely and unconditionally transferred, assigned, sold, leased
or licensed to any person or entity and that all Offers are subject to
change and may be terminated by the Company or any third party
initiating the Offer, with or without notice.
10. Disclosure
The
Company will not disclose or use any of your personally identifiable
information except to the extent set forth in this Privacy Policy, or
under special circumstances, such as when we believe in good faith that
the law requires it, or when we have reason to believe that disclosing
this information is necessary to identify, contact or bring legal
action against someone who may be violating the Site's Terms and
Conditions, defrauding the Company or any third party, including any
Third Party Program Participant.
The Company will disclose
your personal information, without notice, to a party unrelated to the
Company if required to do so by law or in the good faith belief that
such action is necessary to comply with the law, legal process served
on the Company or a Third Party Program Participant, to protect the
rights or property of the Company or a Third Party Program Participant,
or in urgent circumstances to protect the personal safety of users of
the Site or the public at large.
All unsolicited information
provided to the Company or any affiliated party, including, without
limitation, any Third Party Program Participant, entirely on the
initiative of a person providing the information or that person's
agent, or any information which is provided independently of any
request by the Company or its affiliates shall be deemed to be public
information regarding which neither the Company nor any other person or
entity has any duty to the information provider or any other person,
and as such, the Company may use such unsolicited information in an
unlimited manner.
11. Protection of
Children
The
Company and Third Party Program Participants do not publish any content
or Offers on the Site that are targeted to children. We do not
specifically collect information about children. The Company and Third
Party Program Participants do not solicit and do not knowingly accept
subscriptions, memberships, or acceptances of Offers from persons under
the age of eighteen years. If minors have access to your computer or
email, we ask that you take appropriate measures to prevent such minors
from accessing or using the Site or any of our Company's services as
they are exclusively offered and restricted to, and only authorized
for, adults over the age of eighteen years.
12. Revisions to this
Privacy Policy
The
Company reserves the right, in its sole and absolute discretion, to
revise, amend, modify or revoke this Privacy Policy at any time and in
any manner. Changes to this Policy will be effective by posting
revisions on the Site. In some circumstances you might be required to
actively "accept" or “agree” to a new Privacy
Policy or to new or
modified provisions in the Privacy Policy in order to continue using
the Site or services provided by the Company or Third Party Program
Participants. Such assent or agreement to revisions to this Privacy
Policy may be effectuated via an Opt-In or Opt-Out procedure (as those
procedures are discussed above).
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