Privacy Policy
(INCLUDING YOUR CALIFORNIA PRIVACY RIGHTS)
Last Updated May 16, 2011
This is the official privacy policy and statement of California privacy rights (“Privacy Policy”) for Bolder, Inc., a Delaware corporation (referred to as "Bolder", “us” or “we”) Site and Services. The Terms of Service together with this Privacy Policy and any Additional Terms forms your agreement with us and any terms not defined in this Privacy Policy have the meaning set forth in those documents. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Terms of Service.
This Privacy Policy governs the Personal Information (as defined below) collected by the Site and our Services, but does not cover any other information, whether collected in any other manner or for any other purpose, nor on any other web site or service unless specifically stated.
Overview: Our Privacy Policy is intended to explain our privacy practices and inform you as to:
· The kinds of Personal Information we collect from users and how such Personal Information is collected;
· How we use Personal Information;
· The circumstances under which we disclose Personal Information to third parties;
· How you can access, update or delete any Personal Information we collect about you; and
· The mechanisms we have implemented to protect your Personal Information.
There are, among other things, age and residency requirements you must comply with in order to use our Site and/or Services and you must refer to our Terms for the specific terms and conditions regarding these requirements. If for any reason, you do not agree with this Privacy Policy or any of our Terms, please do not use any of our Site or Services at all because by doing so, you will have indicated that you have accepted same.
We reserve the right to change this Privacy Policy at any time and from time-to-time by posting an updated version on our Site, without advance notice to you, or we may, in our sole discretion, send you a message telling you we have made a change (for example, we may, email you about the changes). The changes shall be effective to you immediately upon our posting or when you receive our message, whichever is sooner. We encourage you to check this Privacy Policy often so you are aware of the most current terms and conditions that apply to you.
When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, mobile device number, telephone number, profile, your photograph or audio-visual images of you, your instant-messenger nickname, blog, vlog or any personal website URL, your date of birth, email address, gender, and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses, and your transactions and interactions with us, if you are or have been a Registered User or you have provided this type of information to us. Personal information may also be contained in Postings you Post or submit to us or any other user or onto our Site or in connection with any Service. If you make purchases on our Site, in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, service or product selections, your credit card or other payment instrument information, your order number, and information about your computer's internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as “Sensitive Personal Information” and is collected via a secure transmission.
We are committed to protecting our users’ privacy. Keeping Personal Information you share with us through the use of our Service, secure, including Personal Information we obtain on our Site and from your Postings, but you understand, acknowledge and agree that we do not and cannot control your Postings, nor are or shall we be liable if you Post or make any information, about yourself or others, available (including allowing others to use your User ID or failing to protect your User ID from disclosure or use by others), on our Site, through any of our Services or otherwise. It is also important for us to explain to you how we collect, use, disclose and maintain your Personal Information and help you understand these things. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission which is wireless or mobile or over the Internet is completely secure, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California, a list of all third parties to which we have disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if we have a privacy policy that gives either an “opt-out” or “opt-in” choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice options.
We qualify for the alternative option: we have a comprehensive Privacy Policy and provide you with details on how you may either decline to permit (“opt-out) or consent to (“opt-in”) the use of your Personal Information by third parties for direct marketing purposes. Therefore, 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 request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at privacy@bolder.is or you may contact us via postal mail at:
Bolder - Privacy Administrator
904 22nd St San Francisco CA 94107
Attn: Your California Privacy Rights
All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, notices that are illegible or do not have complete information.
To all users of the Site, if you have any questions about this Privacy Statement, please contact our Privacy Administrator at privacy@bolder.is or:
Bolder - Privacy Administrator
904 22nd St San Francisco CA 94107
Attn: Your California Privacy Rights
OUR GENERAL PRIVACY POLICIES
All our Services are designed and targeted to audiences and governed by and operated in accordance with the laws, regulations, and treaties of the United States of America. We make no representation that our Services are operated in accordance with or governed by the laws of other nations or jurisdictions. If you are located in the European Union or elsewhere outside of the U.S. and you use or attempt to use our Services contrary to our Terms which state that only U.S. residents are eligible to be users, you do so at your own risk and you are responsible for compliance with any applicable local, national laws rules and regulations and, if applicable, international treaties.
Please be aware that Personal Information we obtain from you or that you provide to us may be transferred, stored, maintained and used both within and outside the servers, communication and data processing facilities we maintain. By using our Services and providing us with Personal Information, you consent to the transfer of your Personal Information and waive any claims that may arise under your own or any other local or national laws, rules or regulation or international treaties. All users of the Site and our Services are required to provide true, current, complete and accurate Personal Information when prompted and we have the right to refuse or revoke your right to use our Services and/or reject and delete any entry you make, if we have reason to believe information you provide to us is or may be false, fraudulent, or inconsistent with this Privacy Policy or in violation of the Terms. Your continued use of the Site or any Service indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, maintenance, management and storage of your Personal Information as described. We may from time-to-time, transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners. This Privacy Policy remains applicable to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of the Site and Services and you acknowledge and agree you will be bound by its terms.
Collection and Use of Personal Information: We collect Personal Information about you when you use the Site and our Services, as a user, whether or not you register, enroll or sign up for particular Services, games, activities, features or functions, participate in promotions, order goods or services or simply in the course of exchanges of information, transactions and activities (including, but not limited to, Posting) in connection with the Site or any Service. We may use your Personal Information to tailor your experience on the Site, serve content we think may be of relevance to you, to understand your preferences, and among other things, to provide you with offers we think may be of interest to you. It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide us up to date. We cannot and shall not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. You are solely responsible for maintaining the confidentiality of your User ID. Bear in mind when you submit information to us, it does not guarantee that we will permit you to register, subscribe and/or participate in or use any or all of the activities, services, features or functions of the Site and our Services.
Registered Users. Registered Users are required to submit certain Personal Information and maintain a User ID. By registering, you understand, acknowledge and agree you are giving us your consent to track your activities and use of the Site and our Services. You are also confirming your agreement to comply with all the terms and conditions in the Terms of which this Privacy Policy forms a part. Registered Users may be provided with opportunities to subscribe to text-message and/or email newsletters, alerts and other periodic communications and information we may send you. We will always disclose this to you if that is the case and you will be given the opportunity at that time and thereafter, to opt-Out of receiving or continuing to receive these. You understand, acknowledge and agree that you are giving us your consent to track your use of the Site and Services and all your activities, exchanges of information and transactions in connection with the Site and any Services you have agreed to receive or participate in as described.
Sponsorships, Promotions and Advertising. We may make certain Sponsorships, advertisements, promotions and offers available on the Site and Services and in addition to the Additional Terms that may apply, you may be required to submit Personal Information (e.g., your name, street address, city, state and zip code, email address, telephone number and date of birth) in order to participate. When you participate in any such Sponsorship, promotion or offer, in addition to the Terms of Service which this Privacy Policy is a part, you are also confirming your agreement to comply with all of the Additional Terms that apply. We may also make Sponsorships, advertisements and promotional material and offers from third parties available on all or certain portions of our Site or in connection with any or all of our Services. You understand, acknowledge and agree that if you respond, take advantage of and/or accept any Sponsorship or other offer or redirect or have your browser redirected from our Site, or otherwise engage in any transactions or activities with such third parties, their privacy policies, terms and conditions and policies (and not ours) will govern their relationship with you, including, without limitation, the treatment of Personal Information and we shall have no liability therefor, nor do we control or have any responsibility therefor.
Opt-out Procedures. We may post notices, Sponsorships, advertising and promotional material on our Site and/or we may contact you by email or text message or otherwise to promote our Services or to send you offers we believe may be of interest to you. You may chose to opt-out of receiving marketing and promotional emails or text messages or similar electronic messages from us (i) by calling our customer service representatives at (650) 427-9489 or (ii) by sending us an email to support@bolder.is. We may always contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any promotions you have entered or participated in, or offers you have accepted or services you have enrolled in or ordered or other transactions you have initiated in connection with the Site or any Service.
Marketing Services and Promotional Opportunities. We may provide our users with the opportunity to register for special Sponsorships, promotions, contests, alerts, services, music, video and other news, programming and information. If any of these are included in a sign up, registration or enrollment process, we will disclose that to you at the time you are requested to provide us with your Personal Information and we will advise you that continuing will constitute your consent to receive these from us. Users may be required to register or re-enter or provide additional Personal Information such as e-mail address to participate or take advantage of these services. Optional information may be requested for specific offers, promotions or services and we may also collect an e-mail address or other information. In addition, while we make efforts to protect our Site from intrusion and unauthorized access, we cannot and do not guarantee that any of your Internet communications, Postings and/or activities on the World Wide Web, including our Site, are secure or are not subject to interception by third parties.
Use of Information. We will not use any Personal Information submitted to us in connection with our Service for any purpose but to provide the Services as you have requested, unless we provide advance notice to you of any other use. We will not share Personal Information we obtain solely in connection with our Service with any non-affiliated parties, unless you opt-In. We will share information with our parent company, subsidiaries and affiliates, as well as our operational service providers that assist in delivering Site and Services to you.
Cookies and Similar Technology. We use ‘cookie’ technology to collect data regarding your visits to our Site and your use of our Services. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:
· Saving your User ID or other information so you don’t have to re-enter it each time you visit our Site or use our Services;
· Keeping count of your return visits to our Site, advertisers’ or partners’ sites;
· Accumulating and reporting aggregate, statistical information in connection with our Site, Services and Content; and
· Determining which Services, Content, features and functions users like best.
Although we may track and collect certain Personal Information of users to inform us on how best to update and enhance our Service, Sensitive Personal Information is not extracted in this process. We use tracking information on an aggregated basis, and other discrete Personal Information, to help us operate, enhance, and improve our Services, Sponsorships, display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent or you can choose to turn off all such mechanisms. This is done through your browser. If you turn cookies off, you may not have access to many features and functions of our Service that make your experience more efficient and enjoyable and some of our Services may not function properly.
Postings. We respect the privacy of the contents of certain non-public Postings you provide or make, however, even with respect to private Postings, we do reserve the right to monitor, edit and disclose your use of our Site and Services and/or any information pertaining to a Posting and any of the contents to a third party if we believe such action is required by law or is necessary to protect and defend our rights, to enforce our Terms or to protect our interests or the interests of our users, advertisers, suppliers, operational service providers or others.
Disclosure to Third Parties. Some of the aggregate data we collect in connection with our Service may be shared with our Sponsors, advertisers and other business partners, but we do not give any Sensitive Personal Information to them as part of the relationship unless specifically stated in this Privacy Policy. On their websites and in connection with the use of their services, treatment of your Personal Information is subject to their privacy policies and practices and for more information, please contact these third parties directly. We do not sell, rent, lease or disclose your Personal Information for direct marketing purposes to non-affiliated entities (i.e., entities that are not our parent or subsidiary or affiliated companies) or entities that are not our advertisers, Sponsors or operational service providers, except in the limited circumstances disclosed in this Privacy Policy. If you chose to participate in a Sponsorship or other service, we will share certain Personal Information with the applicable Sponsor for the purposes of enabling your participation in the Sponsorship and you will have expressly given your consent to such use. We may also offer co-branded Sponsorships and/or Services, features and functions, which are activities, events and promotions that we put together with another Sponsor or other third party (each, a “Co-Branded Partner”). We may share your Personal Information with our Co-Branded Partner and your voluntary use or participation in a co-branded Sponsorship, promotion, activity, service, feature or function means you have given your affirmative consent to us and our Co-Branded Partner to collect, maintain, store and use your Personal Information. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information, you will need to contact the Co-Branded Partner directly.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining our Services and our operations. These third party specialists that provide support to our Site, Services and Content are our “operational service providers” and we use them to efficiently provide the full range of Content, subscription plans, services, promotions, advertising, downloading, streaming and other features and functions we offer or make available to you. We request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Services. Additionally, these operational service providers are not permitted to use your Personal Information for their own direct marketing or promotional purposes.
We will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
· When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
· If we believe your actions violate any law, regulation, any term or condition of the Terms including any Additional Terms or if you threaten the rights, property or safety of us, our parent, subsidiaries or affiliated companies, our Services, any of our operational service providers, suppliers, advertisers, customers, other users, Registered Users, Subscribers or any other party;
· If in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries to protect our business and assets, to defend our interests, or to comply with any legal and regulatory obligations; or
· In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us.
Security and Protection of Personal Information. We maintain reasonable standards of security and confidentiality. However, for most Internet sites and wireless and mobile communications, it is possible third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of our Site and Services in the same way. We also limit access to our Site and Services by our own employees to individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
Review, Update or Delete Your Personal Information. Generally, you may review, update or delete any of your Personal Information collected by or through our Site, as well as your profile or any other user information you may have entered during the registration process or your participation in our Services or any prior updates you may have given us. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age may be modified with sufficient verification of the correct information, but cannot be deleted and if you delete or attempt to delete such information, it may result in the suspension of any and all rights you may have to use the Site and our Services, your status as a Registered User and/or other aspects of our Site or Services or offers we make available to you. If you have signed up for any Services or provided any information as part of an account or profile in connection with the Site or Services, you may review, update or delete your Personal Information and you should go to our Site and follow the instructions there that will explain how you can edit, change, update and, with some exceptions noted, delete your Personal Information.
If you do not understand or are not sure what Personal Information may be collected or used for particular purposes, you should contact our Privacy Administrator via email with a request at privacy@bolder.is and be prepared to provide verification of your identity.
We reserve the right to deny, suspend, deactivate, terminate and/or cancel any registration, subscription, status as a user and/or the use of or access to the Site and any or all of our Services and any other services, content, activities, features or functions, if we believe there is a question about the identity of the person trying to use or access any portion of the Site, to use or access any information or to use a User ID. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide you access to such information. In such cases, we will provide you with an explanation of why access cannot be provided and a contact person for further inquiries.
Questions. If you have any questions about our Privacy Policy, you may email us at support@bolder.is. If you cannot find the answer to a question related to our Privacy Policy or if you do not understand the information about how we collect, maintain, store, use or share your Personal Information you may contact our Privacy Administrator at privacy@bolder.is.
Sole Statement. The foregoing statements, terms and conditions contained in this Privacy Policy is the sole statement of our privacy policy, and no summary, restatement or other version, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
For ease of reference our Terms can be reviewed at any time at bolder.is/terms
This Privacy Policy was last modified on May 16, 2011 and is effective immediately.
© Copyright 2011 Bolder, Inc. All Rights Reserved.
