Effective and Last Modified Date: December 15, 2011.
This privacy policy (“Privacy Policy”) applies to the web sites, web pages, interactive features, applications, widgets, blogs, social networks and social network “tabs”, alternative reality worlds, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology (collectively, “Sites”). The Sites are offered by Red Square Pictures, LLC, Pony Song Productions, LLC and Pony Square 8, LLC and their respective subsidiaries or affiliated companies, and other companies associated with Red Square Pictures, LLC and Pony Square 8, LLC (collectively, “PS8,” or “we”, “us”, “our”). This Privacy Policy applies only to information collected by the Sites that post it and does not apply to information collected offline or otherwise outside of the Sites, unless specifically stated.
This Privacy Policy explains how PS8 collects, uses and shares information when you access or use the Sites. Please read this Privacy Policy carefully. In addition, please review our Terms of Use, which governs your use of the Sites and any content you submit to the Sites.
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use Agreement. If you do not meet such age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your information as described in this Privacy Policy.
This Privacy Policy will remain in full force and effect, even if your use of or participation in the Sites or any particular service, feature, function, or promotional activity offered through the Site terminates, expires, ceases, is suspended, or deactivated for any reason. If you do not agree with the Privacy Policy, please do not participate in the Site or any features, activities, or services offered through the Site.
Table of Contents
- INFORMATION WE COLLECT ON OUR SITES
- Information You Provide To Us
- Information We Collect Automatically As You Access and Use the Sites
- HOW WE USE INFORMATION COLLECTED THROUGH OUR SITES
- GENERAL AUDIENCE WEB SITES
- WITH WHOM WE MAY SHARE INFORMATION
- Third Parties Providing Services On Our Behalf
- When You Agree To Have Your Personal Information Shared
- Sweepstakes, Contests and Promotions
- Business Transfers
- Legal Protections and Law Enforcement
- INFORMATION YOU DISCLOSE PUBLICLY ON OUR SITES
- INFORMATION WE RECEIVE FROM THIRD PARTIES
- AD SERVING AND TRAFFIC MEASUREMENT SERVICES WE MAY USE; HOW TO “OPT OUT” OF RECEIVING ADVERTISING RELEVANT TO YOU
- UPDATING YOUR INFORMATION AND OPTING OUT FROM EMAIL, SMS AND MMS COMMUNICATIONS
- SECURITY
- LINKS TO OTHER WEB SITES AND PS8 CONTENT FOUND ON OTHER WEB SITES
- CONSENT TO TRANSFER
- YOUR CALIFORNIA PRIVACY RIGHTS
- NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY; PRIVACY QUESTIONS
1. INFORMATION WE COLLECT ON OUR SITES
Information You Provide To Us
The Sites may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, telephone number, mobile phone number, fax number, home address, credit card information, and information about your interests in and use of our Sites, and various products, programs, and services (“Personal Information”)). For example, PS8 may collect Personal Information when you register to receive updates, newsletters, create user accounts, send questions or comments to us, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. Please note that information submitted to the Sites via a “contact us” or other similar function may not receive a response. We reserve the right to use all information submitted by you to the Sites via a “contact us” or other similar function for any purpose whatsoever.
Information We Collect Automatically As You Access and Use the Sites
Whenever you visit or interact with the Sites or PS8 content, PS8, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. Usage Information is generally non-identifying, but if PS8 associates it with you as a specific and identifiable person, PS8 treats it as Personal Information.
PS8 also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively, “Device”) you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Sites.
The technologies used on the Sites to collect Usage Information, including Device Identifiers, may include (without limitation):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-into or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Sites may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons, (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Sites and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to determine whether content sent was actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code may be downloaded onto your Device from our server or a third party service provider.
2. HOW WE USE INFORMATION COLLECTED THROUGH OUR SITES
PS8 may use information collected through our Sites, including Personal Information, in order to: (1) allow you to participate in features we offer on the Sites; (2) process your registration, including, at times, verifying that the e-mail address you provide is active and valid; (3) provide you with information that you have requested or agreed to receive; (4) provide and/or tailor various content, advertisements, and offers to you; (5) share it with third parties for their marketing and advertising purposes; (6) improve the Sites and for internal business purposes; (7) contact you with regard to your use of the Sites, your account, and, in our discretion, changes to any PS8 policy; and (8) for all purposes otherwise disclosed in this Privacy Policy, or at the time you provide your Personal Information, or otherwise with your consent, including but not limited to use of your name in the credits of the Fortune Sun or any other movie that PS8 is involved in.
If you use the Sites to send a friend an invitation to participate in the Sites or send other PS8- related communications, the information you provide (typically, names and e-mail addresses) is used to facilitate such communications on your behalf, and is not used for any other marketing purposes unless we obtain consent from that person.
Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at [email protected] and then immediately delete the fraudulent email from your computer.
The Sites are general audience web sites and we do not knowingly or purposefully collect Personal Information from children younger than 13 years of age (“Child” or “Children”). If we inadvertently send an email or text message to a Child, the Child or the Child’s parent or legal guardian (the “Parent”) always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
4. WITH WHOM WE MAY SHARE INFORMATION
PS8 reserves the right to share your information, including Personal Information, with third parties for their marketing purposes unless you opt-out of such sharing. While on our Sites, you may wish to click the Contact link and request information regarding the “opt-out” procedures to decline receiving information and/or marketing offers from PS8 and/or someone else, and/or sharing of your information with someone else. If you do not opt-out of receiving information and/or marketing offers from PS8 and/or someone else or sharing your Personal Information with a third party, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.
We may share your non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information, including Personal Information, with third parties, including in the following circumstances:
Third Parties Providing Services On Our Behalf. We may from time to time employ third parties to perform functions on our behalf; examples include hosting or operating our Sites, executing IVR programs, sending e-mail and mobile message communications, and data analysis. We may share Personal Information with third parties in order for them to provide content or complete a requested transaction or otherwise perform services for PS8.
Sweepstakes, Contests and Promotions. The Sites may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Business Transfers. We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. PS8 or any of its assets, including the Sites, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets for the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, PS8 reserves the right to disclose and transfer user information, including Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of some or all of PS8’s stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.
Legal Protections and Law Enforcement. PS8 may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites, or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright, trademark, patent, or trade secret owners, Internet service providers, wireless service providers, or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.
5. INFORMATION YOU DISCLOSE PUBLICLY ON OUR SITES
Our Sites may offer message boards, chat rooms, listservers, on-line forums, blogs, alternative reality games, multi-player games and other public areas, including links to and/or postings using third party web sites and social networks, such as Twitter™ and Facebook™ (collectively, “Community Forums”) where you can engage in social networking, interact with others, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including Personal Information (collectively, “User Submissions”). To participate in certain Community Forums, you may be asked to select a username, screen name, or member name and password. Please do not use your real name or the real name of another person when selecting a username (or screen name or member name).
Note that anything you post to a Community Forum is public — others will have access to your User Submissions and may use it or share it with third parties. Information you choose to post or make available in the Community Forums may be viewed, collected and used by others. If you choose to voluntarily disclose User Submissions, the protections of this Privacy Policy will not apply to or cover such disclosure of information. Think carefully before you post and use caution before disclosing any Personal Information, or any information or User Submissions that you want to keep confidential and/or proprietary.
User Submissions may be published online or offline in any media or format (currently existing or hereafter developed). We may also publish your name, voice, likeness and other Personal Information with your User Submissions, and PS8 may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Submissions you submit to the Sites, please review our Terms of Use.
6. INFORMATION WE RECEIVE FROM THIRD PARTIES
PS8 may receive information about you from third parties. For example, if you are on another web site and you opt-in to receive information from PS8, that web site will forward to us your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain and use the information previously collected. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party web site or interactive service.
We may also supplement the information we collect about you through the Sites with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Sites. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.
7. AD SERVING AND TRAFFIC MEASUREMENT SERVICES WE MAY USE; HOW TO “OPT OUT” OF RECEIVING ADVERTISING RELEVANT TO YOU
PS8 licenses technology to serve advertisements on its own sites and within its videos and other content as that content is served across the Internet. In addition, PS8 may use third party network advertisers to serve advertisements and third party analytics service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. The ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including Usage Information.
With regard to advertisements, we and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other web sites. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors to the Sites with third party advertising companies for the same purposes. We may use a variety of companies to serve advertisements. You may wish to click the Contact link and request information regarding the “opt-out” procedures of certain third party ad servers we may use.
8. UPDATING YOUR INFORMATION AND OPTING OUT FROM EMAIL, SMS AND MMS COMMUNICATIONS
PS8 may provide web pages or other mechanisms through which you can correct or update some of the Personal Information you have provided to us, including, without limitation, through registration with the Sites. You may opt out of receiving e-mail newsletters by following the opt-out instructions provided to you in those e-mails. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any SMS or MMS messages received by replying “STOP”. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites and these transactional account messages may be unaffected if you choose to opt-out from marketing communications. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the storage or destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Sites and provide us with your information at your own risk.
10. LINKS TO OTHER WEB SITES AND PS8 CONTENT FOUND ON OTHER WEB SITES
When you are on the Sites you may be directed to other web sites, including social networking sites, that are operated and controlled by third parties that are beyond our control. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, PS8 Site widgets or other PS8 content may be included on web pages and web sites that are not associated with PS8 and over which we have no control. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. PS8 is not responsible for the privacy practices or content of any third party web site.
The Sites are operated in the United States. If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Sites, or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
12. 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”) or opt-in for use of your Personal Information by third parties (such as Advertisers) 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 the Privacy Administrator at [email protected] Attn: Your California Privacy Rights, c/o Privacy Administrator. 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 e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
13. NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY; PRIVACY QUESTIONS
PS8 reserves the right to update this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting. We will notify you about material changes in the way we treat Personal Information by placing a notice on our site. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it, and to whom we disclose it. However, PS8 will use your Personal Information in a manner consistent with the Privacy Policy in effect each time that you enter or use the Site, or submit information to us or make changes to your information on our Site, and you agree to such use. This Privacy Policy Agreement was last modified on the date indicated above and is effective immediately.