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Cherhan Inc. values the privacy of its users, members, customers, subscribers, and others who visit and use (collectively or individually, "Members") www.bodygem.com and any other web sites or services owned or operated by BodyGem (collectively, "BodyGem Online").
This Privacy Notice is incorporated into and is subject to the BodyGem Online Terms of Use. Your use of BodyGem Online and any personal information you provide on BodyGem Online remain subject to the terms of this Privacy Notice and our Terms of Use.
NOTE TO KIDS: BodyGem Online is not for persons under the age of 13. If you are under 13 years of age, then we encourage you to visit other web sites -- there are lots of other great web sites for you.
NEVER DISPLAY ANY PERSONAL INFORMATION THAT COULD BE USED TO FIND YOU IN THE REAL, OFF-LINE, WORLD -- for example, your full real name, mailing or home address, or phone numbers.
The Information BodyGem Collects: (collectively referred to herein as "Member Information")
* Member-provided Information: You may provide to BodyGem what is generally called "personally identifiable" information (including but not limited to your name, a BodyGem Online user name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information, etc.) when you register as a Member and when you participate in certain activities on BodyGem Online. In addition, you may choose to send private messages to other BodyGem Members or to post certain information to your public "profile" on BodyGem Online such as your date of birth, general location, interests, occupation, web site URLs, videos, blogs, IM addresses, and comments.
* "Cookies" Information: When you visit BodyGem Online, we may send one or more cookies -- small text files containing a string of alphanumeric characters -- to your computer. BodyGem uses both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to BodyGem Online. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
* "Automatically Collected" Information: When you participate in BodyGem Online and, for example, if you play games, participate in forums or the Art Arena, spend your Gold, call persons with BodyGem's internet calling feature, or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include unique "device IDs" (similar to IP addresses), Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after BodyGem Online, the pages you view on our site, and the dates and times that you visit BodyGem Online.
The Way BodyGem Uses Information:
* When you choose to create a public profile on BodyGem Online, you will post, at your option, certain personal information that will be publicly displayed to other Members on BodyGem Online.
* BodyGem uses the information that we collect to operate, maintain, enhance, and provide to you all of the features and services found on BodyGem Online. We will use your email address, without further consent, for administrative purposes such as sending you account activation and "welcome" emails, notifying you of major BodyGem Online updates, for customer service purposes, to address copyright infringement issues, or to contact you regarding any BodyGem Online activities in which you are presently participating.
* BodyGem uses your email address to send to you activity emails, newsletters, and, from time to time, notices about special activities, features, or items available on BodyGem Online and, in some cases, sponsored by third-parties. You may opt-out of receiving such notices by indicating your preferences in the Edit Profile section of BodyGem Online.
* BodyGem uses all of the information that we collect to understand the usage trends and preferences of our Members, to improve the way BodyGem Online works and looks, and to create new features and functionality.
* BodyGem uses "automatically collected" information and "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit BodyGem Online; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any games, sweepstakes, and contests.
When BodyGem Discloses Information:
* BodyGem does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent.
* BodyGem may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, and/or other functionality on BodyGem Online.
* BodyGem may disclose some types of Member Information to certain affiliated companies or other businesses or persons who provide web site hosting, maintenance and security services, fulfill orders, offer certain functionality, help improve our site and create new site features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use appropriate confidentiality measures.
* BodyGem may disclose Member Information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. We may make such disclosures, in some cases, without providing Members notice.
* BodyGem also reserves the right to disclose Member Information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect BodyGem from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of BodyGem Online; and to protect the rights, property, or personal safety of our Members or other persons.
Your Choices:
You may, of course, decline to share your personally-identifiable information with BodyGem, in which case you will not be able to participate in many BodyGem Online activities. You may update, correct, or delete your Member account information and email subscription preferences at any time by going to the Edit Profile section of BodyGem Online; provided, however, that upon deletion of your account or profile, please note that some of your personal information, including billing and contact information, may remain in BodyGem's systems for some limited period of time.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections. HOWEVER, You are responsible for maintaining the secrecy of your unique password and account information at all times.
Third-party Advertisers, Links to Other Sites:
BodyGem allows other companies, called third-party ad servers or ad networks, to serve advertisements within BodyGem Online. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements that appear within BodyGem Online and they automatically receive your IP Address when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.
BodyGem does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks BodyGem to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain community activities or games) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. BodyGem's Privacy Notice does not apply to, and we cannot control the activities of, such other advertisers or web sites. BodyGem reserves the right the add or remove third-party ad networks or ad servers in its discretion and BodyGem may not at all times list such updated ad network or ad server partners in this Privacy Notice.
Currently, BodyGem has relationships with the following third-party ad servers or ad networks:
* Yahoo - http://docs.yahoo.com/info/privacy/us/yas.html
* Google - http://www.google.com/privacy.html
Our Commitment to Data Security:
BodyGem uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of Member Information. We cannot, however, ensure or warrant the security of Member Information collected by BodyGem, and you transmit such information at your own risk. Once we receive your Member Information, BodyGem makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If BodyGem learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. BodyGem may post a notice on BodyGem Online if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@bodygem.com.
Our Commitment to Children's Privacy:
Protecting the privacy of young children is especially important. For that reason, BodyGem does not knowingly collect or maintain personally identifiable information on BodyGem Online from persons under 13 years-of-age, and no part of BodyGem Online is directed to persons under 13. If you are under 13 years of age, then please do not use or access BodyGem Online at any time or in any manner. If BodyGem learns that personally-identifiable information of persons less than 13-years-of-age has been collected on BodyGem without verifiable parental consent, then BodyGem will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a BodyGem Online account, then you may alert BodyGem at privacy@bodygem.com and request that BodyGem delte that child’s personal information from its systems.
Parents, the following are some resources that may help you in monitoring and limiting your childrens' access to certain types of material on the Internet. While BodyGem does not endorse these products, we provide information about them as a public service to our Members.
* OnGuard Online: http://onguardonline.gov/socialnetworking.html
* Control Kids: http://www.controlkids.com
* Cyber Sitter: http://www.solidoak.com
* Net Nanny: http://www.netnanny.com
International Visitors:
BodyGem Online is hosted in the United States and is intended for United States visitors. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.
In the Event of Merger or Sale:
In the event that BodyGem is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from Members as part of such merger, acquisition, sale, or other change of control.
Changes and Updates to this Privacy Notice:
This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of BodyGem Online constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.
Effective Date, Date Last Modified:
BodyGem Online Privacy Notice effective as of August 14, 2006
BodyGem Online Privacy Notice last modified on January 23, 2006.
BodyGem Contact Information:
Please contact BodyGem with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at privacy@bodygem.com. We will respond to your inquiry within 30 days of its receipt.
Disclaimer & Copyrights:
BodyGem Inc, and all affiliated developers of BodyGem Online will not be held responsible for (1) any content generated by BodyGem Online users/members or (2) content that exists through any links posted on the BodyGem Online website.
BodyGem Online and all images associated with BodyGem Online are copyright 2008 Cherhan Inc.
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