Last Updated: May 1, 2009
We gather two basic types of information through the Site: "Anonymous Information" and "Personally Identifiable Information." Anonymous Information is information that does not personally identify you, such as IP address, other browser information, demographic information and information about your interests. Personally Identifiable Information is information you provide to us that specifically identifies you as an individual, such as your name, physical mailing address, email address and telephone number. Information identifying an entity other than an individual, (e.g., a corporation, partnership, joint venture and so forth), does not constitute Personally Identifiable Information and is treated as Anonymous Information.
We collect Anonymous Information when you visit and interact with the Site or the Services. Examples of ways in which we collect Anonymous Information include the following:
Browser Information: Each time you come to the Site, we collect the limited Anonymous Information that your browser makes available whenever you visit any website. This information includes: (a) your Internet Protocol (IP) address; (b) your domain name (e.g. whether you logged on from compaq.com or whitehouse.gov); (c) the address of the last URL you visited prior to clicking through to the Site; (d) your browser and platform type (e.g., a Netscape browser on a Macintosh platform); (e) your browser language; and (f) the data in any undeleted cookies that your browser previously accepted from us (see "Cookies and Pixel Tags" below).
IP Address Information: Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. IP address information, among other things, enables us to determine a user's Internet service provider and the geographic location of a user's point of connectivity.
Software Products: If you have installed one of our software products, your use of such software may send additional information to us, such as: your IP address, your browser type, your default language setting and an identification of any button or menu item you selected or activated. Your use of the Toolbar is governed by an End User License Agreement located at http://info.zwinky.com/zwinkyinfo/eula.html.
Information You Voluntarily Provide: We also collect Anonymous Information when you voluntarily provide such information to us. For example, you may choose to add information (such as interests, favorite weblinks, quotes and keyword tags) to your Profile Page. We may also ask you a series of questions, many of which are optional, regarding your interests that will allow other users to search for people with common interests. All such information about your interests is Anonymous Information, unless it is associated with your Personally Identifiable Information, in which case it will be treated as Personally Identifiable Information to the extent it is so linked.
Miscellaneous: With the exception of your domain name (e.g., whether you logged on from compaq.com or whitehouse.gov), and the URL you visited prior to coming to our site, we do not automatically collect information about other websites you visit on the Internet. We also do not collect any data regarding your computer keystrokes (or other data) unrelated to the Services, the Site and the software.
Personally Identifiable Information We also collect Personally Identifiable Information about you via the Site and the Services. We do not intentionally share such Personally Identifiable Information with third parties for the purpose of enabling them to send you information about their products or services. In general, the amount of Personally Identifiable Information that you choose to provide to us is completely up to you, although access to or use of some Services may be affected if such information is not provided.
In order to order to access most features on the Site, you must become a registered user of the Site. In order to create an account, you must become a registered user of the Site. In order to register and create an account on this Site, you must first download the Toolbar. During registration for an account, Mindspark collects Personally Identifiable Information, including your email address, as well as other information such as your gender, password and birth date. Once you register and sign into our services, you are not anonymous to us. You may always choose not to provide such Personally Identifiable Information to us, however that may affect our ability to provide you with a specific service or particular content, including saving avatar settings, searching for other users, sending ZNotes, and ZChat and using Facebook Connect.
Other Personally Identifiable Information you might provide to us could include your email address if you submit a help request to us via email or respond to employment opportunities posted on the Site.
Information Use If we do associate Anonymous Information with Personally Identifiable Information, we will treat such Anonymous Information as Personally Identifiable Information to the extent so linked; if such information is no longer linked, we will resume treating it as Anonymous Information. For this reason, we do not consider your IP address to be Personally Identifiable Information (unless and until such an association is made, such as in response to a court order).
Anonymous Information Because Anonymous Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Anonymous Information, which does not personally identify you, with third parties, for any purpose. For example, we collect the types of Anonymous Information described above to improve the overall quality of the online experience, including product monitoring, product improvement, saving avatar settings, and advertising. We may also use Anonymous Information to count, track, and aggregate our users' activities into our analysis of general traffic flows at the Site (e.g. tracking where traffic comes from, how traffic flows within the Site, etc.). In addition, we may use Anonymous Information we collect to ensure that these third-parties are appropriately compensating us and that we are appropriately compensating our distributors. All information about our users' activity is generally evaluated on an anonymous (and generally only on an aggregated) basis, except in situations such as a response to a customer service inquiry or to legal process. Additionally, we may use your IP address, and the IP addresses of other users, to calculate Site usage levels, to help diagnose problems with the Site's servers, and to administer the Site.
In addition, we may merge Anonymous Information about you into group data, which may then be shared on an aggregated basis with our advertisers. If you provide us with answers to voluntary survey questions, we may present this information to our advertisers and partners in the form of grouped statistics compiled from our users' answers to such questions. Please note that this is not a complete list, but simply a few examples, of the ways in which we use and share Anonymous Information.
Personally Identifiable Information
External Service Providers: We may use external service providers to facilitate operation of the Site and the Services, and to evaluate or provide other support in connection with the Site and the Services. This may require disclosure of your Personally Identifiable Information to these service providers. In some instances, such external service providers may collect information directly from you in connection with the Services. In all cases, we seek to have commercially reasonable contractual safeguards in place that require these external service providers to use any Personally Identifiable Information disclosed to them by us solely for the purpose of providing services to us.
Third Parties: We do not intentionally rent, sell or otherwise provide a user's Personally Identifiable Information to third parties for such third parties' direct marketing purposes.
Invitations to Unregistered Users: If you choose to use our referral service to tell a friend about our Site or Services, we will ask you for your friend's name and email address. We will then send to your friend on your behalf a single email inviting him or her to visit the Site. Your friend may contact us at email@example.com to request that we remove this information from our database.
Features Disclosing Information
We note that your use of certain features in connection with the Site or Services may result in the public disclosure of certain Anonymous Information and/or Personally Identifiable Information to others. Examples of such features include the following:
Profile Page: When you register for an account on the Site, a Profile Page will automatically be created for you and certain basic information from your registration form will automatically be pre-populated in your Profile Page, including information such as your user name, as well as other information such as the date you registered as a Zwinky, gender, age, location, and last log on date. Please note that your Profile Page (including any ZNotes that may have been left for you) may be viewed by the public (both registered and unregistered users), so you should neither (a) choose a user name that personally identifies you, nor (b) include any information in your Profile Page that you do not want others to see. We are not responsible for third parties' use of any information you make public in your Profile Page. For users who have told us that they are under 18, gender, age and location will not be filled in by default, and such users under 18 will not be permitted to display gender, age, location, interests or related tags on their Profile Pages.
Profile Pages and Searching: Your Profile Page will be publicly posted and accessible to the public. Only registered users of the Site will be permitted to use the Site's search functionality to search for other registered users of the Site. Users who are 18 and older will be searchable by user name and other information posted on their Profile Pages. Users who have told us that they are under 18 will be searchable by user name and other information posted on their Profile Pages, but will not be searchable by age, gender, interests, related tags or location.
ZNotes: Once you register, you will be able to leave messages for other registered users of the Site in the form of a ZNote. ZNotes will be posted on a user's Profile Page and may be viewed by the public. You should not include any information in a ZNote that you or the addressee do not want others to see or that would compromise your safety or that of the addressee.
ZChat: During a chat session, your user name and Zwinky avatar will be visible to other registered users in the chat room. In addition, your chat room location at any particular time will be disclosed to other registered users. When using ZChat, you will have the ability to post Personally Identifiable Information about yourself in a chat room. Please note that any information you disclose in a chat room becomes public information, and may be available to not only registered Site users, but to visitors to the Site and to the general public, and may be used by other parties to send you unsolicited messages. Once you have posted information in a chat room, you will not be able to edit or delete such information. We urge you to exercise discretion and caution when deciding to disclose your Personally Identifiable Information, or any other information, in any chat room. We will not use any information posted in a chat room for marketing purposes. Please note that the Site is a public space and you should refrain from posting anything in a chat room that is private or would compromise your safety. We also encourage parents to monitor and participate in their children's activities on the Internet.
In our efforts to keep the Site safe and pleasant for all of our users, we may record and store transcripts of communications exchanged during a particular ZChat session if a user has reported to us an occurrence of abusive conduct during such ZChat session.
Children Under the Age of 13
As a matter of policy, visitors known to be under the age of 13 are prohibited from registering for or using the Site or Services. In accordance with the Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we also do not knowingly collect Personally Identifiable Information from anyone under the age of 13. For information on how to protect the privacy and safety of children online, we recommend that you visit our Safety Tips at http://info.zwinky.com/zwinkyinfo/safety.jhtml, which contains information and links to other resources on this subject.
We do not control the information collection and distribution policies on Internet domains other than the Sites. When you are on the Site, you may be directed to other websites that are beyond our control. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off of the Site. These other websites may independently collect data, solicit personal information, or send their own cookies to you. We are not responsible for the privacy practices or content of such websites and any use of the information including click-stream data, which you may create when using such third party sites.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY PRACTICES OF ANY THIRD PARTIES.
We have security measures in place intended to assist in preventing unauthorized access to and in safeguarding Personally Identifiable Information we collect online. We seek to limit access to your Personally Identifiable Information to employees and representatives who we believe reasonably need access to that information to provide products or services to you or in order to perform their jobs. Each of these people has been informed of the need to maintain the security and confidentiality of such information. Unfortunately, no security system can be 100% secured; accordingly, we cannot guarantee the security of any information provided to us in connection with the information that we collect online.
Reviewing, Editing, or Deleting Personally Identifiable Information
To review, revise or delete the Personally Identifiable Information that we have collected about you online that we maintain, please log in to your profile and edit accordingly (http://registration.zwinky.com/registration/profile.jhtml). However, please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared your Personally Identifiable Information. Please note that information posted in a chat room cannot be edited or deleted.