Last Updated: November 27, 2012
You have the right to “opt-out” of certain of our uses of your Personal Information. Here are some ways to do it:
1. When you sign up for the Service, you may have the opportunity to set certain privacy, permissions and account options. You may adjust these settings at any time by following the instructions on your computer or device or by navigating to the settings, account or privacy features on your device or the platform you are using. Please be aware that if you limit our access to certain information, you may not be able to use all of the features and functionality of the Service.
2. You may opt-out of receiving emails from CELLFISH at any time by clicking the op-out or unsubscribe link within the email or by sending an email to firstname.lastname@example.org identifying the Service and detailing your request.
3. You may opt-out of having your Personal Information shared with other companies or individuals at any time by sending an email to email@example.com. Please identify the Service and tell us your preference. For example, you can ask that your Personal Information not be shared only for promotional purposes or, in some cases, you can request that it not be shared for any purpose. Please be aware that if you limit our ability to share certain information you may not be able to use all of the features and functionality of the Service.
4. You may opt out of receiving SMS correspondence or Premium SMS services by texting “STOP” to the short code provided for the Service.
5. To opt out from the collection and use of information to serve targeted advertising by advertisers and/or third party networks, see “Third Party Advertisers” below. You can also set your browser to permit you to reject certain cookies. For information regarding other locally shared objects, see “Cookies and Other Locally Shared Objects” below. Please understand that rejecting certain cookies and locally shared objects may limit your ability to use all of the features and functionality of the Service. It may also delete your privacy and account settings.
Please understand that if you opt-out of receiving promotional e-mails or SMS from CELLFISH, we may still contact you by e-mail or SMS in connection with your account with us or to provide you with important information about CELLFISH or the Service. Also, a request to have us stop sharing your Personal Information with other companies or individuals will only apply as of the date of the request, and CELLFISH will not be responsible for any communications that you may receive from companies or individuals that received your Personal Information prior to such request. In these cases, please contact that company or individual directly. Further, if you download a third party game or other application on to your computer or device through the Service, the game or application may continue to send you emails or other messages even after you have cancelled the Service.
If you are under the age of 13 (12 or younger) you may not provide any information about yourself to this Service. While you may view content on the Service, you may not register with the Service, use the Service, enter any of our sweepstakes or contests, or participate in any of our chat rooms, bulletin boards or other activities that would let you enter information about yourself or otherwise interact with other users. If we obtain knowledge that a child under the age of 13 has provided personally identifiable information on, to or through this Service, we will delete such information.
CELLFISH does not collect any Personal Information, such as name, address or e-mail address, on its web sites without the knowledge and consent of the individual submitting such information. However, when a user uses the Service via their cellular phone or other wireless device, CELLFISH may have access to the user’s wireless device number and other account information. Personal Information is collected from users through such users’ activities, transactions, completion of online forms on the Service (such as registration forms), games and contests and through voluntary online questionnaires that may appear from time to time on the Service. Depending upon the Service, Personal Information may also be provided to us by, for example, your wireless service provider (hereinafter “Wireless Carrier”) or a third party platform, such as iTunes, YouTube, Facebook, Twitter, Last.fm, Pandora, etc (hereinafter “Third Party Platforms”). Personal Information collected in the course of your use of the Service is further described in the Terms of Service Agreement. “Personal Information” includes, for example, name; home and/or business address or other address (like a school address); e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. We may also ask you to provide other information about yourself such as your age, hobbies, likes, dislikes, etc. Access to certain content, functionality and features of the Service may require you to add settings that provide additional information, such as your geographic location, specifications, network access connection, messages and other device-specific information.
You may review and ask that we correct or delete the Personal Information that you have provided to the Service by e-mailing firstname.lastname@example.org or writing to CELLFISH at 215 Lexington Avenue, 18th Fl., New York, NY 10016 ATTN: Legal and Business Affairs Department. We will send you a copy of such Personal Information we have on file in your user account (if any). You may send us new or updated information at any time.
Any or all of the following activities with regard to Usage Information may be performed by us or on our behalf by our service providers, including, without limitation, Wireless Carriers, aggregators, Third Party Platforms and ad serving networks.
Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Similarly, most media players that enable locally shared objects can be set to manage them. For example, Adobe’s Flash player allows you to manage locally shared objects (also known as “Flash cookies”) through its Flash Player Settings Manager. You may be able to control the use of HTML5 locally shared objects by reducing the amount of space you allow for them through your Web Browser’s settings. Refusing a cookie or locally shared object will generally not interfere with your use of our web sites. However, refusal may, in some cases, preclude you from using some or all of the features related to the Service.
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies to help track usage of the Service. Clear GIFs allow CELLFISH and our service providers and business partners to track page viewing counts and patterns, which we use, for example, for future service development and to measure the effectiveness of marketing campaigns. We may also use clear GIFs within the context of certain emails to determine the effectiveness of the mailing. A clear GIF may enable us to relate your viewing or receipt of a message to other information about you, including your Personal Information.
Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider. Similarly, when you access the Service via a mobile device, our server automatically collects data about the unique device identifier assigned to your mobile device (“UDID”). When you request pages from the Service, our servers may log your IP Address or UDID. Our server may also record the referring page that linked you to us (e.g., another web or mobile site or a search engine); the pages you visit on the Service; the web or mobile site you visit after the Service; the ads you see and/or click on; other information about the type of browser, computer, device, platform, related software and settings you are using; any search terms you have entered on the Service or a referral site; and other usage activity and data logged by our servers. We use this information for internal system administration, to help diagnose problems with our server, to report aggregate information to our advertisers, and to administer the Service. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Our servers cannot automatically record your name or e-mail address, but in some cases they may receive such information from Third Party Platforms and third party application or providers, if you are a registered member of the platform or service.
When registering on the Service, CELLFISH may provide you an opportunity to receive offers from advertisers and other companies or individuals who have services, products, information and/or offers that we think might be of interest to you. If you do not at that time indicate a preference not to receive such information or offers, CELLFISH may from time to time provide your contact information to these entities so that they may send you these offers. If you no longer want us to share your contact information with others, follow the instructions set forth in the Right to Opt Out section above.
CELLFISH reserves the right to analyze user behavior as a measure of interest in and use of our services and electronic communications, both on an individual basis and in the aggregate. CELLFISH may disclose such analyses to advertisers or other third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
When you contribute to a public area or social media feature of the Service, such as a blog, wiki, list serve, chat room, bulleting board or other communication or community tool or area, the information that you submit will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of the Service. Instead, make up a username that does not disclose your personal identity.
When you comment or click “Like” or “Dislike” on content on using Facebook or another social network via the Service, your comment or “Like” or “Dislike” opinion will be displayed on the Service and also on you own social networking profile, and it will be viewable by anyone who is able to view your social networking profile depending on the privacy settings you have set in your social networking account. Depending on how you have set the privacy settings, your posing may also be broadcasted to other users of the social network via the Service. The privacy policies of your social network service also apply to the information you provide using these features.
To the extent that the Service carries advertising by third parties, CELLFISH uses digital advertising technology companies to deliver the advertising to you. The non-personally identifiable information collected by these companies, for example, about your visits to this and other sites and services is used for the purpose of targeting ads and measuring ad effectiveness on behalf of advertisers and publishers who specifically request it. For addition information on the information that is collected by our digital advertising technology vendors and to know your choices about not having this information used by them, please click on their names (located here) or visit http://www.networkadvertising.org/consumer/opt-out.asp.
We may use third party partners to help operate the Service and to deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Service or for our business (such as site or database hosting companies, address list hosting companies, Wireless Carriers, Third Party Platforms, aggregators, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that may use such information on our behalf).
Additional information about our disclosure of your Personal Information in connection with the Service (e.g., to your Wireless Carrier) is set forth in the Terms of Service Agreement. For example, by participating in certain networking and content sharing Services, your Personal Information may be made available to other members of the network who may contact you and otherwise correspond with you. You may have the opportunity to choose a specific contact point to be used by such other members for such purposes (including, for example, your e-mail address, SMS address, phone number, etc.). If you do not decline to receive such messages at the time you provide your information, or if you change your mind and no longer want to receive any such messages from other members of the network, you may make such request by visiting the “Preferences” area/page of your account on the network and changing your elections, or by following the instructions set forth in the Right to Opt Out section above.
If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from CELLFISH (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your Wireless Carrier’s message and data rates may apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We may make available on or through the Service a service through which you can receive messages on your wireless device via short message service (“SMS Service”). If you subscribe to one of our SMS Services, you thereby agree to receive SMS messages at the address you provide for such purposes (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your Wireless Carrier’s message and data rates may apply to these messages. You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges. To use the SMS Services, you must be either 18 or 13 years of age or older (depending on which SMS Service you want to use and your carrier restrictions) and reside in the United States. Additional terms and conditions that apply to our SMS Services are set forth in the Terms of Service Agreement that apply to such services.
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”) with respect to use of your Personal Information by third parties 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 our Privacy Administrator at email@example.com. 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 email address and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via telephone postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other products or services, users, or anyone else that could be harmed by such activities.
In the event that CELLFISH or substantially all of its assets or the assets related to the Service are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, customer Personal Information and Usage Information may be one of the transferred assets.
If you contact us by e-mail or a “contact us” or similar feature on the Service, you should be aware that your transmission might not be secure. A third party could view information you send by e-mail in transit.
You may be able to create an account on the Service with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify CELLFISH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify CELLFISH when you desire to cancel your account on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at firstname.lastname@example.org with the alternative contact information you wish to be used.
If you are requested to send us any sensitive Personal Information, such as your credit card number, password, membership number or pin number, in an e-mail or into a web site or otherwise, and you are uncertain whether such request is authorized by us, please do not hesitate to ask us by sending an e-mail to our privacy officer at email@example.com.
REMEMBER – DO NOT DISCLOSE PERSONAL INFORMATION IN CHAT ROOMS, THROUGH VOICE CHAT, TEXT CHAT OR ON MESSAGE BOARDS, BLOGS, PROFILES OR OTHER SIMILAR FEATURES. WHENEVER YOU DO SO, ALL OF THAT INFORMATION CAN BE COLLECTED AND USED BY OTHERS. IF YOU POST PERSONAL INFORMATION IN PUBLIC PLACES, OTHERS MAY SEND YOU UNSOLICITED E-MAIL MESSAGES. BE CAREFUL AND BE SMART WITH YOUR PERSONAL INFORMATION.
If you have any questions or comments regarding our privacy practices, you may contact us at:
Cellfish Media LLC
Attention: Legal Department
215 Lexington Avenue, 18th Floor
New York, NY 10016